SUN
CLOUDY
THE UNIVERSITY DAILY KANSAN
83rd Year, No. 111
The University of Kansas—Lawrence, Kansas
Today Last Day To Vote
Thursday, March 15, 1973
Kensan Photos by FELICIA SMALLWOOD
New Death Penalty Proposed by Nixon
Former Chancellor Franklin D, Murphy Speaks at KU Wednesday Night ... Before a crowd of 1,000, Murphy traces the development of America and compares it to human development ...
WASHINGTON (AP)—President Nixon asked Congress Wednesday to reimpose the death penalty for certain federal crimes, in which it would be applied automatically.
Calling for a massive overreach of federal criminal laws, Nixon sent to Capitol Hill the sixth in his series of State of the Union reports urging that:
-Stiff minimum sentences be required for heroin traffickers, ranging up to mandatory life imprisonment without parole for repeated biotime drug violator:
—The "unconscionable abuse" of the insanity defense be eliminated by allowing it only in cases where the defendant did not know what he was doing;
—Tighter restrictions be placed on allowing drug traffickers to be freed on bail in cases of high risk.
—The federal government reassert its interest in “protecting our citizens from pornography,” although his message gave no specifics on this point.
The tone of Nixon's message was tough, reflecting the content of the legislative package he will start sending to Capitol Hill on Thursday.
Murphy Sees Responsible America
Decrying "a growing sense of permissiveness" which he said led to rising crime in the 1980s, the President said, "The only way to attack crime in America is the way crime attacks our people–without city."
By ERIC MEYER
Kansan Staff Writer
The United States has passed through its period of irresponsible youth and has become a more responsible, mature adult nation, former Chancellor Franklin D. Murphy told a crowd of about 1,000 at the University Theatre Wednesday night.
He asked for immediate congressional action to reinstate capital punishment for such federal crimes as war-related treason, sabotage and espionage, for the murder of federal prisoners, for officers, for murder for hire," and for kidnapping and blinking when death results.
Murphy, speaking in the Kenneth A. Spencer Memorial Lecture Series, received a standing ovation after his 50-minute speech.
"The United States was born with great pain, and much blood was shed," he said.
The speech, titled "From Birth to Maturity in 200 Years—An Oversimplified Analogy", compared American development to human development
Murphy, now chairman of the board of the Times-Mirror Co. in Los Angeles, has an extensive medical background. He has been a member of the Solvantia School of Medicine and year-end of
★ ★
Murphy Says Faith Must be Restored
By ERIC MEYER
The Supreme Court ruled 5-4 last June that the death penalty was unconstitutional as it was applied under present laws. One of the court's principal objections was that it was being imposed "arbitrarily and capriciously."
Kansan Staff Writer
Murphy gave a speech in the Kenneth A. Weddige Lecture Series at Wednesday night.
Murphy said the credibility gap affecting the University was not unique to KU.
The next chancellor of the University of Kansas will "have to work very, very hard to restore the people's confidence in the university" former chancellor Franklin D. Murray. *MURRAY*
the university of Kansas School of Medicine before he became chancellor.
"Most Americans understood that the university was the way to give their children upward mobility, both in social and economic terms. Gradually they began to understand that the university generated much of the college's income, the expansion of agriculture and industry."
"Higher education has always been high on the agenda of the American people," he said, "from the beginning of the land grant in the 19th century right on through.
At first, he said, there was a fight for survival. But then the nation's healthiness, determined by its heredity, allowed it to survive.
"And so they developed a blind faith in higher education as the do all, see all of
"The genes which brought these qualities to the American nation were embodied in the presidents," he said, "and the nation has had a rich heritage of ethics, including the Judeo-Christian ethic, the spirit of freedom from the Greeks, the politics of the Romans, the Enlightenment and the Magna Charta."
After the court's decision, Nixon ordered Atten. Gen. Richard Kleindienst to come up with a statute that would allow capital punishment when meeting the court's objections.
"But that faith—it's a thin strand. And it was badly, badly tanned and tested during the student-campus unrest period. Here you were attacked by some kind of being attacked and destroyed from within."
society. The university was a free marketplace of ideas. It was a place where persons with varying views could come together to take positions without fear of retribution.
See MURPHY SAYS next page
"Society was prepared to say, 'Surge, if the students want to hear Rap Brown, let him come,' but they couldn't understand why the students weren't willing at least to listen McNamara (former secretary of defense), or Mr. Rusk (former secretary of state)."
"Furthermore," he said, "there was this behavior of running around and breaking windows out and acting like juvenile delinquents in the name of some higher morality and then rushing back to campus and saving. 'Ah!' This is our endeavour and saving."
Murphy spoke lucidly and frequently used his hands in gestures.
America entered its adolescence in the 19th century, he said, and became restless and daring, consuming the "goodies" of women without concern for the consequences.
Murphy characterized the Civil War as "a family quarrel, piping brother against brother, when anger drowned out reason, as it often does among 12th graders."
"Adolescence is the most turbulent and turbid period of development," he said. "Physical skill is at its peak, but it responds to instinct rather than reason."
Asst. Atty. Gen. Henry Peterson, who headed the Justice Department effort, predicted that six of the nine justices on the Supreme Court would agree that the proposal being sent to Congress by Nixon was constitutional.
The former chancellor said that such adolescent attributes as instant wisdom, egotism, simplistic consideration, restlessness and eagerness for activity are endearing.
"The United States now moved to accept responsibility as an adult, great power," he said. "The carefree innocence of youth was behind us. There was no isolation after the war as there had been after the first World War." He added that the state and restructure the war-torn world.
After World War II, he said, the nation became an adult.
becoming the world's leading citizen that it "wanted too far."
Murphy said that lack of experience caused the United States to make some mistakes, notably McCarthyism and the rise of right-wing nationalists who became so involved with the idea of
He said there was no reason why the United States could not have negotiated with Ho Chi Minh, the late president of North Vietnam, to avert the Vietnam War.
"we forgot," he said, "the lesson that the American Revolution taught us: People passionately fighting for self-determination can easily be mercenary soldiers."
See MURPHY Page 7
Ballots, Voters Scant For Student Elections
By GEORGE STEWART
Kansan Staff Writer
A light voter turnout and complaints of irregularities at polling places characterized the first day of voting in the spring student election.
Approximately 1,300 students, or 7.4 per cent of the student population, cast votes Wednesday in the elections for student body president, student president, student senators and class officers.
Sterling Hall, Sublette sophomore and Elections Committee chairman, said that he had received numerous complaints concerning the operation of polling places.
Most of the complaints were about the hours the polls were open. Three campus polls, in the Kansas Union, Strong Hail at 8 a.m., and in the Oklahoma State, all mails were scheduled to open at 8 a.m.
Hall said a scarcity of poll workers had caused the delay. He said he had known that the problem would occur, but that he had chosen a group of students willing to work at the polls at 8 a.m.
places Wednesday. The poll at Gertrude Sellards Pearson Hall, scheduled to open at 4 p.m., was not opened until 5 p.m. The Alpha Gamma RhoDelta did not get ballots until 7:30 p.m., although it was scheduled to open at 6 p.m.
Delays also occurred at two other polling
Hall said these delays occurred because he had had to deliver all ballots himself.
A scarcity of Pearson College ballots at the Chi Omega poll also brought complaints Wednesday night. Ballots were distributed according to expected voter turnout, Hall said. He said he had not thought that any Pearson College students would vote at the Chi Omega poll and that he had not left Pearson ballots there.
A number of voters complained that candidates were distributing campaign literature too close to the polls. Hall said a senate rule prohibited distribution of any campaign literature within 50 feet of a polling site.
A majority of voters interviewed by the Kansan at the polls said they considered strict monetary policies, revitalization of
See BALLOTS Page 7
Here, according to Nixon's message and Peterson's White House briefing, is how the United States has responded.
After conviction on a capital offense, a jury hearing would be required to determine the existence or nonexistence of a criminal fact. A judge may aggravating factors or mitigating factors.
The death penalty could not be imposed if the jury found one or more of these mitigating factors—that the defendant was under 18 years of age, that his or her mental capacity was linked to the crime, or that the crime was committed under duress.
But the death penalty would be mandatory and automatic if the jury found that the defendant was guilty.
See NEW Page 7
High Court Gay's Hope, Student Says
By CAROLYN OLSON Kansan Staff Writer
A leader of the Lawrence Gay Liberation Front (GLF) said Wednesday that the group's only alternative to gain formal recognition was to appeal to the U.S. Supreme Court.
Reginald Brown, Kansas City, Kan,
sophomore and an officer of the GLF, said
an appeal to the 10th Circuit Court of Appeals in Denver was denied Monday. The decision uphold a ruling made by U.S.
District Court Judge George Templar in February 1972, in favor of the University of Kansas.
GLF had petitioned the University for formal recognition in the fall of 1970, and the request was refused by E. Laurence Chalimers Jr., then chancellor of KU.
Chalmers had denied recognition on grounds that state funds should not be used to promote a particular moral code, but the courts might lead to a violation of state law.
The Denver Circuit Court decision stated that the GLF had failed to show that the denial of formal recognition had violated the group's constitutional rights.
GLF argued in federal District Court in Topeka last year that the equal protection rights of its members under the lst and 14th Amendments to the Voting Rights Decision to refuse recognition to the group.
The front's case was argued in November in the Denver Circuit Court by William Kunstler, noted American Civil Liberties union attorney; Jack Klinkenbart, local attorney; Lawrence Velvol, former KU law officer; and Leonard Davies, Denver attorney.
Brown, GLF leader, said that he received the 15-page decision handed down by the Denver Circuit Court Wednesday and that the decision was discussed by Brown and
See HIGH Page 7
Fund Sharing Hits Home
By C.C.CALDWELL
Kansan Staff Writer
General revenue sharing and the Nixon Administration's proposed special revenue sharing program have spawned concerns about fraud and confusion locally and across the nation.
"General revenue sharing," says Buford Watson Jr., Lawrence city manager, "was originally an effort on the part of the federal government to return some income tax revenue to local governments to use for local needs.
Perhaps a bit of the confusion can be alleviated by defining the general revenue sharing now in effect and the proposed special revenue sharing.
"Special revenue sharing would give the city a lump-sum amount for community projects."
Samuel defined special revenue sharing as "those monies that will sponsor programs that city government and local citizens establish together," emphasizing the desirability of citizens' cooperation and interest.
Ray Samuel, city human resources office director, echoed Watson's definition of general revenue sharing, but added that "it is important we do not until special revenue sharing comes in."
There is substantial disagreement between government officials as to precisely how the Nixon Administration's cutbacks will affect community needs. The built-in
Part of the problem in understanding special revenge lies in the problems of flexibility.
breath of the special revenue sharing plan appears to have generated a wait-and-see policy.
Whereas general revenue sharing provides for $30 billion over a five-year period, special revenue sharing would increase single fiscal year return of $6.9 billion.
Special revenue sharing would consolidate a minimum of 70 programs into four broad areas: urban community education, management, power and law enforcement.
The answer to this question will hinge on what Lawrence's needs will be calculated as and how decisions concerning the flow of funds will be reached in Topeka if special revenue sharing is indeed approved by Congress.
Samuel observes that, from his point of view, adequate special revenue sharing could make the difference in successful restructuring. He estimates resulting from cutbacks in federal social services.
The major question at the Lawrence level is precisely how much additional money Lawrence might receive under special revenue sharing.
Watson said one of the primary misconceptions surrounding the entire question of revenue sharing involved possible use of the funds for tax reductions.
He stressed that tax reduction was not one of the stated purposes of revenue sharing. The funds could indirectly prohibit tax increases and prevent them from being used that they increasingly cover local needs.
The broad question of the application of
general revenue sharing need not be confusing. The question is addressed directly in the Treasury Department's document "Recommendation to State and Local Governments."
That document says, "The states are given complete flexibility with regard to the type of expenditures made with entitlement funds."
"Local governments must use the funds for priority operating expenses expenditures (public safety, environmental protection, public transportation, health, recreation, libraries, social services for the poor or aged and financial administration) or for capital expenditures," the document says.
The cities, however, are restricted by comparison.
Federal rules also stipulate that the funds cannot be used to fulfill other programs' requirements for matching federal funds. Further, each government must provide for publication of information regarding the use of the funds.
Thus, there are no provisions for city governments' use of the revenue sharing mechanism.
Advocates of the special revenue sharing program cite these advantages:
the restructuring of the federal government to decentralize many government operations.
—there will be an increased emphasis upon program performance;
—the federal bureaucracy will be overhaul and trimmed:
See FUND Page 9
Turbulence
Winds glints up to 50 m.p.h. Tuesday and Wednesday created have for anything not sturdy enough to withstand their fury. Paul
Kansan Photo by ALLAN McCOY
Schultz an employee of traffic and security surveys the damage done to a fir tree which was uprooted on the East Lawn of Strong Hall, Traffic and security officers speculated that the tree was damaged by a fire. The problem and that problem were further aggravated by recent heavy rains.