RAIN
THE UNIVERSITY DAILY KANSAN
83rd Year, No. 88
The University of Kansas—Lawrence, Kansas
Pi Phis,Betas Celebrate First100th
Monday, February 12, 1973
See Story Page 3
116 American POWs Arrive in Philippines
Bv the Associated Press
North Vietnam released 116 American prisoners of war today, and the last of three hospital planes arrived 3:25 a.m., Lawrence time, at Clark Air Base in the Philippines to the cheers of several thousand American servicemen and their families.
The first plane touched down shortly after 2 a.m., and the men aboard walked down to the runway.
"We are honored at the opportunity to serve our country under difficult circumstances. . . God bless America," said the first POW out of the big hospital plane, Navy Capt. Jeremiah A. Denton Jr. of Virginia Beach, Va.
THE SECOND man out of the C141 was the first American flyer downed in North Vietnam, Navy Lt. Ondr. Everett Alvarez (Feb. 3) and Army Lt. David Augusto, Aug. 5, 1964, he was smiling broadly as he shook hands with Adm. Neel Gayler, the commander in chief of U.S. forces in the
The third man out was Navy Cmdr. Robert H. Shumaker of New Castle, Pa., who completed his eight year in captivity on Saturday.
The 40 FOwS filled off the first C141 and
wished blue hospital buses in about 10
minutes.
THREE OF the men were carried out on stretches through the rear of the plane. All the others walked down the ramp, most of them smiling. All of them saluted the color guard and shook hands with Adm. Gaynor and Ll. Gen. William G. Moore Jr., com- pleted of the 13th Air Force and senior officer of the Homecoming reception center.
One of the men limped as he walked from the plane. Another had his arm in a sling. But many of the thousands of spectators agreed that they seemed in surprisingly good shape considering the years they had spent in captivity.
MORE THAN 30 of the returning prisoner who died be will be ill due to an inferior from wounds.
One of the men held up a handkerchief-
like device in blue—"God Bless America and Nixon."
They were the first American prisoners freed since the Vietnam cease-fire agreement took effect two weeks ago.
An advance team that landed in the North
Vietnamese capital to handle the evacuation had reported earlier that the first prisoners out would be sick or wounded.
A C130 HERCULES transport arrived in the North Vietnamese capital at 5:29 a.m. 7:52 p.m. Sunday, Lawrence time, with an 18-man advance party of doctors and aviation technicians. It touched down minutes before the first hospital plane took off from Clark Air Base for Hanoi to begin evacuating 116 American prisoners.
THE NORTH Vietnamese had asked an advance party of Americans who arrived at Gia Lam earlier in the day to bring in the other two hospital planes at half-hour intervals instead of hourly as originally planned.
A spokesman said two groups of prisoners were aboard the plane by noon.
Three big C141 Starlifters accomplished the pickup in under three hours at Hanoi's Gate.
The first contingent of prisoners was to have totalled 115 men, but the North Vietnamese allowed the inclusion of Cmdr. Chu Van Dong and Col. Calf., because his mother is critically ill.
IN SOUTH Vietnam, 27 American prisoners of war will be freed this afternoon. Their release will follow the prolonged settlement of a dispute that prolonged their captivity for several hours, a South Vietnamese spokesman announced.
The South Vietnamese said the operation was scheduled to begin shortly after 1 p.m. Saigon time—midnight Sunday Lawrence time—but there was no firm time given when the American prisoners would actually be handed over by the Communists.
THE DISPUTE arose over the exchange of Vietnamese prisoners between the South Vietnamese and Viet Cong sides. The delay in the longest issuer earlier by the U.S. Embassy.
North Vietnamese and Viet Cong POWs who were to be handed over to the Communists balked at leaving for the exchange sites without first seeing a Communist representative, and the Viet Cong refused to release the Americans.
THE DISPUTE delayed the release of the Americans by more than four hours. But a South Vietnamese spokesman said that the 735 were flown to Pai Bhu for release just below the demilitarized zone, and another 735 were being flown to Loc Ninh, 75 miles north of Saigon, where the 27 Americans were to over along with some 700 South Vietnamese.
U. S. helicopters were already waiting at Loc Ninh to fly the Americans to Saigon, where they were transferred to a hospital plane that would be taken to Clark Air Force Base, in the Philippines.
THE U.S. Embassy issued a statement charging that the delay in the release of the Americans violated the Paris cease-fire agreement.
Lt. Col. Le Trung Hien, chief spokesman for the Saigon command, and communist prisoners at the Bien Hoa camp, 15 miles northeast of Saigon, had refused to be taken to Bien Hoa air base to be flown to Loc Ninh, 60 miles farther north, for their release.
HIEN SAID the Communist prisoners claimed they must meet with their military representatives before leaving for the airport.
He said Communist representatives of the four-party Joint Military Commission, the United States, North and South Vietnam, and Cong were trying to resolve the dispute.
The American prisoners had been scheduled for release to U.S. authorities at the time of the attack.
See 116 AMERICANS Next Page
Kansas Photo by CARL G. DAXAZ JR
Sen. Thomas Eagleton Answered Questions at a Reception . . . He said that in America today people were losing their voice in government
Executive Branch Flaved
By CATHY SHERMAN
Kansan Staff Writer
Sen. Thomas Eagleton, D-Mo., charged here Sunday that the U.S. executive branch had seriously disregarded Congress' war powers and he urged Congress to resist this executive encroachment on its constitutionally defined territory.
"Congress must be involved at the outset in the decisions that could lead our nation to war, not after our troops have been committed," Eagleton said in Hainbock Auditorium.
Revised Action Plan Issued
★★★
Kansan Staff Writer
By LINDA DOHERTY
Kensan Staff Writer
A revision of the Affirmative Action Plan contains noticeable changes. Juliet Shaffer.
KANSAS CITY (AP)—She has refused to get her hopes up in recent days, but the anxiety gave way to elation Sunday night when Mrs. Donna Culton learned her brother, Lt. Col. William H. Means Jr., was finally on his wav home.
Means, now of Sumptu, S.C., and son of Mrs. Auburn Meurs of suburban Overland Park, Kan, has been a prisoner of war in Vietnam for six years and seven months.
Overland Park Woman Shows Elation-at Last
He was among the first contengent of prisoners to leave Hanoi Sunday night.
Mrs. Culton had just expressed reservation
tions about “getting my hopes up” when he heard the news the airlift had been.
She believes once her younger brother returns to the United States it will be easy for her to win.
"Personally, I think he will be the same old brother of mine," she said proudly. "He's small and wiry and has a sense of humor and is resilient. He'll be fine."
Mrs. Culton said the family did not receive word from Means until March 1970, $3\frac{1}{2}$ years after the RB-46 he was piloting and shot down by a SAM missile on July 20, 1966.
No Candidates File For Top Student Slots
None has filed for the offices of body president and vice-president although several declaration of candidacy forms have been picked up from the Student Senate. In Storing Hall, Sublette sophmore and Student Election Committee chairman.
Hall said Saturday that he did not expect anyone to file until Wednesday the last day on which students can file for president and vice-president.
25 Registered For Elections
Approximately 25 people registered last week for the upcoming local elections, according to Douglas County Clerk Delbert Mathia.
The election is to select three members for the city commission and three for the school board.
The clerk's office will repair open for registration until 9 p.m. today and Tuesday. Those who have not yet registered have until Thursday to do so.
A candidate who has not been a member of the Senate must submit with his declaration that he will support his candidacy. The signatures must include each student's address and identification number. Hall said each candidate was checked by the Elections Committee.
Candidates for Student Senate offices must also pay $ 2 fee when they file their declarations. Class officer candidates must pay $ 10 fee for 50 students with their declarations and $ .
Candidates for these offices must file a joint declaration. If a candidate has been a member of the Student Senate he need only pay a $5 filing fee.
Ballots will be counted by computer. Hall said the Computation Center had estimated the cost of computer time at $300. Advertising is expected to cost about $85.
associate professor of psychology and chairman of the Affirmative Action board,
The filing deadline for Student Senate and class office candidates is Feb. 21.
Hall said a complete list of candidates for president and vice-president would be announced at the Student Senate meeting Wednesday night.
The elections will be March 14 and 15.
The revised version of the plan was released Friday.
"I think it's quite different. We've added quite a number of things, and a number of words have been changed and added to make it more specific." Shaffer said.
The greatest number of changes will be in administrative procedures, she said, but it is also important that the plan is a section requiring the University to work out a proposal for the Kansas Legislature requesting additional funds to support the Affirmative Action Program.
THE SECTION states that the request for funds would be made within 60 days from the date of adoption of the plan. The document also states that if funds are available, the policies would be fully implemented within 60 days.
Major Marts Close Today; Dollar Shaky
BONN, Germany (AP)—Major foreign exchange markets were closed today to give government leaders time to counter rampant speculation in the U.S. dollar.
A private emergency meeting of finance ministers from France, Britain, Germany and Italy was held late Sunday at the Paris home of French finance minister Valery Giscard d'Estamp. U.S. Treasury Undersecretary Paul Volcker joined the talks later.
There was no official word on what was discussed, but it was evident frantic efforts were being made to repair the monetary system. A hearing of U.S. dollars in the past two weeks.
West Germany, Britain, France, Italy and Japan ordered their foreign money markets closed. There were reports that a monetary conference would be held soon.
in a speech sponsored by the senior class.
About 400 persons attended the speech.
William Eberle, President Nixon's trade ambassador, was reported to have left Tokyo for Washington after warning the Japanese of possible unilateral U.S. actions that could charge, unless Tokyo helps American goods get free access to Japanese markets.
Pressure intensified on Japan to revalue its yen upward and take other steps. Washington wants within 90 days to help America get its trade balance out of the red.
"The time limitation was added at the suggestion of the Kansas Commission on Civil Rights," Shaffer said, "and we feel this strengthens the plan."
Shaffer said that some of the guidelines within the plan were already in operation throughout the University but that they did not provide guarantees to their effectiveness in the future.
"We didn't really worry about what was in effect now," she said.
"The plan was truly a cooperative effort by everyone on the board." Shaffer said, "No one person could have known about all the areas."
SHAFFER SAID she thought the revised plan would influence the Kansas Commission on Civil Rights, which currently is investigating complaints with a complaint charging sex discrimination. The complaint was filed by a group of University of Kansas Women's Center.
The major elements of the plan would affect the University on a long-term basis, she said, but they could become visible within the next year.
"We do suggest that the goals and timetable be set for next year's recruiting so that there should be a noticeable increase in the number of staff and minorities on the faculty," Shaffer said.
The biggest change resulting from adoption of the document at the University would be in the monitoring of hiring and retention policies, a director of Affirmative Action for Women.
Gilham said she thought most of the changes in the plan involved writing rather than reading.
"ONE THING that that's missing from this plan is a set of goals and a timetable," Gilham said. "We've had some faith that the Department of Health, Education and Welfare must to KU to establish the goals and timetable, since the goals must be added before final approval is given by the Chancellor."
"I don't think that the revised plan is all that different from the original," she said.
Emily Taylor, dean of women, said she taught the major change in the plan was in her early 20s.
nat different from the original," she said. Gilham said the plan was prohibitive because it was expressed in negative terms and Affirmative Action was a positive plan.
“Perhaps the most awesome responsibility assigned to Congress is that of deciding whether our nation goes to war. This power was abrogated in the years that preceded Vietnam in the face of overwhelming presidential initiative,” he said.
"We removed some philosophical phrases from the original and converted it to an English translation."
Eagleton said that the executive branch had also encroached on other constitutional rights.
Some serious examples, he said, were what he termed the unprecedented use of executive privilege, the impoundment by Congress and the need for Senate ratification.
EAGLETON BRIEFLY summarized a bill he introduced in the last session that would require specific authorization before military forces and send armed forces into a hostile situation.
He said the act would also grant the President authority to take emergency action to defend the United States or U.S. forces and citizens abroad, but only in three carefully defined emergency situations: an attack on the United States, an attack on U.S. military forces stationed abroad or the threat of threatened American citizens abroad.
If the President invokes any of these provisions, Engleton said, he would have to come to Congress immediately with ample justification for his action. His authority to act in an emergency would not extend beyond without congressional approval, he said.
THE ACT would allow Congress to decide whether to authorize hostilities before they occur. (The state of Louisiana is a contested one.)
in the difficult position of either ratifying or
rejecting presidentially initiated hostilities.
"The War Powers Bill would encourage the President to examine carefully with Congress any agreement that might indicate a future commitment to war," Eagleton said. "The President, knowing that the American public support, would be less willing to consult America without prior consultation with the representatives of the people."
He said that Congress should also assert its review powers by reaffirming or recommending rejection of existing treaties and commitments.
In a 45-minute question-and-answer session after his speech, Eagleton said presidential impoundment of funds might in turn lead to more spending priorities and budget ecology.
EAGLETON WARNED that if Congress continued its reluctance to use its constitutional power and if citizens remained unconcerned," then the Constitution of the United States will be compromised and the voice of American people may well not be heard."
He said that although senators had initiated law suits this year to force the President to spend money allocated by Congress, he thought the courts would be likely duck the problem. It's basically a fight between the President and Congress, he said.
**enacted, the War Powers (Bill) will also work to encourage the President and Congress to participate together in determent of insurgent or combat commitments should be." Earleston said.
Eagleton squelched rumors that he might run for the Presidency in 1978 but tabbed Sen. Edward Kennedy, D-Mass., as the probable Democratic candidate.
Budget Cuts Confuse Local Loan Situation
Domestic budget cuts proposed for next year by President Nikon could hamper Lawrence's N neighborhood Development Department (NDP), according to Mayor John Emick.
By CHUCK POTTER Kansan Staff Writer
Emick said Friday that federal loan money formerly available to persons participating in Phase 3 of the NDP may be cut off this year.
"I think we'll get our grant for the NDP, but it appears that loan money may not be possible."
"We're not expecting any cutback in the grants," Schaake said. "Hopefully, additional loan money will be available. If it is available, it will be less than needed."
Phase 3 of the NDP involves the renovation of houses in East Lawrence to bring them in line with Lawrence's Minimum Housing Code standards, Emick said. Each homeowner in the program is given a grant of up to $8,500 for home improvements.
If additional money is required to bring the house up to the standards, federal loan money at an interest rate of three per cent may be requested, he said.
Don Schanke, NDP director, said Friday that the city would apply within the next several weeks for approximately $395,000 in federal grant money for Phase 3.
Schaake said that he did not believe city
officials would make revenue sharing funds available for loan purposes under Phase 3.2.
"If federal wheels weren't available, we would have to go to local lending agents, in which case interest rates would be higher," Schaake said.
Ernick said city officials had not decided but费226,800 in revenue sharing funds for the new hospital.
"I can see that the government expects us to use revenue sharing money in areas where federal aid was available before, but he won't set any avenues for it, he said."
"Right now Lawrence is in financial limbo. We don't know whether the Legislature is going to extend our half-sales tax, so we don't know where we are."
The half-cent sales tax, adopted in 1971,
resulted in $450,000 in funds for the expansion and improvement of the police and
fire departments.
"Last year the legislature extended the sales tax through 1973, and right now we're trying to get it extended indefinitely. Buford (Bufford Watson, city manager) and Nancy (Nancy Hambleton, city commissioner) are in Topeka right now working on it.
"We're all trying every way in the world to get the sales tax extended." Emick said. "If it's cut off after this, we might have to raise the property tax levy eight mills to get the money we need for the fire and police departments."