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Tuesday, April 10, 1973
University Daily Kansan
Judiciary Considers BSU Appeal
By GEORGE STEWART
Kansan Staff Writer
Counsel for the Black Students Union (BSU) charged Monday that Jess McNish, adjunct professor of business and head of the University Judiciary had erred in his dismissal of the BSU suit against the Student Senate.
The charges, made in a hearing before the Appellate Division of the Judiciary, alleged that McNish failed to consider properly the Constitution's 4th Amendment to the U.S. Constitution.
The suit, filed Feb. 14, charged that the Student Senate had violated the BSU's 18th Amendment rights by revoking $3,000 of the loan to another institution infinitely another $2,250 of the allocation.
PAUL WILSON, professor of law and chairman of the Appellate Division, Loid Wiley.
take the case under advisement and would inform the notice of the court's decision.
portions of the court's decision. Wilson said that additional briefs or memoranda might be required by the court before it reached a final decision.
Lewis Stein, Rockville Center, N.Y., third-year law student and BSU counsel, said that during the previous hearing, McNish indicated that he did not understand the application of the due process concept as presented by BSU.
RICHARD JONES, Topeka third-year
County Health .
Stein also said that the BSU had established property rights to the funds allocated to them by the senate. He said that the allocation should be regarded as a promise in terms of the law and that the BSU had established a reliance on the funds from that promise. In this case, a contract terminated and property rights provided, he said.
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mission, but that he anticipated no problems.
SLOVIK'S SERVICES would be available to the Public Health Department only to July 1 because he would begin a training program at the KU Medical Center then.
In other matters, the committee announced that a contractual agreement had been reached between the Public Health Department and the Visiting Nurse staff to increase the number of nurses available to treat the public.
The committee emphasized that the two groups would remain as separate organizations with separate governing boards.
Also discussed was the fact that Public Health Department nurses have been aiding, for at least four years, one nursing student with disabilities to keep the home within proper specifications.
SCHWELGER DECLINED to identify which nursing home was under discussion but did say, "Our nurse is doing far too much to help this home. If they can't manage their affairs any better than that, I don't think they should be open."
He added that he would discuss the
News Briefs By the Associated Press
Testimony
Russu admitted to jurors that he helped Daniel Eiberg copy the Pentagon paper on the Israeli war.
LOS ANGELES - Anthony J. Russe woe on the witness stand at the Pentagon papers trial Monday as he told jurors of the sufferings of a North Vietnamese villager he encountered while interviewing captured prisoners for a research study for the Rand firm. Russe told the story to illustrate the importance of an "establishment"formed him from an "establishment" researcher on government projects to a vehement antiwar activist.
India Intervenes
Wounded Knee
NEW DELHI-India said today it took over the government of Sikkim because of "the complete breakdown of law and order" in the little Himalayan kingdom. It the government said deaths and hundreds of arrests on the streets against the chogal, or king. The unrest followed elections last week to the powerless legislative assembly.
WASHINGTON-Indian activist Russell Means was accused at a congressional hearing Monday of leading a "group of conservatives" who allegedly wounded Knee. The remarks were made by Rep. James A. Haley, D-Fla., a member of the House Indian Affairs subcommittee that is holding hearings on Wounded Knee and capture of the Bureau of Affairs last year.
Means' followers at Wounded Knee were still holding their weapons Monday, ignoring government appeals to surrender them.
Gambling Raid
FORT SCOTT—Operators of five Fort Scott tavares were arrested Monday on a charge of gambling after the tavares were raided by Kansas Bureau of Investigation agents, sheriff's officers and city police; machines were confiscated and hauled away in vain. A man who leased and managed the machines also was arrested.
Fatal Beating
TONGANOXIE—An investigation into the fatal beating of an elderly Tonganoxie woman is being conducted by the County Courts' Shiffle office and the Kansas Bureau of Investigation. Dan Hawes said a pathologist's examination showed Mrs. Violet M. Frank, 83, was beaten to death Sunday. Her body lay on a bed at the home she lived in after police officials would release no further information about the investigation.
matter with the state director of health today.
The committee also voted to pay Schwegler for his time and services as acting director of public health since Clinton resigned. Schwegler will receive $300 a month retroactive to March 16, the time he assumed the duties.
Officers of the Public Health Committee were elected to new terms. Schwegler was unanimously elected to remain as chairman, Ross McKinney, professor of civil engineering, was elected to serve as vicechairman; and Mrs. Vernon Chamberlain, 1506 University Drive, was elected to serve as treasurer.
law student and counsel for the BSU, said McNish had failed to consider the equal protection provisions of the 14th Amendment in his dismissal ruling.
Jones said the senate revoked and froze all allocated funds solely because members of the senate had threatened to veto them.
Frederick Stewart, Lawrence third-year law student and counsel for the senate, said there were no vested property rights in the allocated funds. He also challenged the BSU claim of reliance on the funds as a basis for contractual claims.
Senate counsel Harold Mattney, second-year law student, stated that McNish did consider the due process issue in his case and could state to state any error in law in this area.
Matney countered the charge of discrimination by pointing out that the senate had allocated additional funds to the state department for the excavation of the funds reflected in the suit.
This case was the first to be considered by the Appellate Division since the appointment of Wilson as chairman of the division.
Hearing the case for the Appellate division were Wilson; Webster Golden, associate professor of law; and Geedfrey Kansas City, Kan., second-year law student.
Correction
The degree requirement table in Monday's Kansas state that the B.G.S. English requirement was the same as the B.A. English requirement in Monday's English requirement in the B.G.S. degree.
WEDNESDAY NIGHTS
Complete Perch Dinner
choice of potato & salad $1.00
DUCK'S SEAFOOD (downtown)
--at The Stables
SUMMER JOBS
Large, National Company needs several students to handle summer work load in Kansas City area.
$150.00 per week.
For interview come to Parlor A, Student Union today at 1:00,3:00,or 6:00
--at The Stables
BEER BLAST
FRESHMEN: FOR A GOOD POSITION, Call 864-6609
STUDENT COUNCIL for EXCEPTIONAL CHILDREN
This is your chance to get involved and help plan next year's class activities.
Panhellenic
Professors will tend bars and wait on tables.
RUSH ORIENTATION For Fall Rush . . .
Thursday, April 12
IN THE DEAN OF WOMEN'S
April 11 7-12 midnight
OFFICE, 220 STRONG HALL
Sunflower Room in the Student Union
at 7:00 p.m.
For information call 864-3552
For a committee position interview call 864-6609 for an appointment.
Speaker ... Social ... Communications ... Special Projects
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