South by southwest
The University Daily
Softball and men's tennis teams go south for spring competition. See stories on page 9.
KANSAN
Sunny, warm High, 57. Low, 35. Details on page 3.
Vol. 95, No. 111 (USPS 650-640)
Published since 1889 by students of the University of Kansas
Friday, March 8, 1985
Attempt to dismiss lineman from team obstructed by veto
By CECILIA MILLS Staff Reporter
William Easley, student body president, yesterday blocked an attempt by the Student Senate to have football player Roderick Timmons dismissed from the team.
Early yesterday morning, the Senate approved a bill increasing students' financial support of women's 's and non-revenue sports, but amended the bill to require that the department provide scholarships for scholarship and team membership before the department could benefit from the increase.
Easley approved the bill but veted the amendment. He said he hoped the amendment would be reintroduced in the Senate as a separate bill.
Timmons, a defensive lineman, was convicted in July of a misdemeanor charge of sexual battery after an incident last March at Jayhawker Towers.
THE APPROVED BILL increases the fees students pay to support all sports except
football and men's basketball. The fee, which will increase from $4.50 to $6.50 for the 1985-86 school year, is paid by students each semester with their tuition.
The bill still must be approved by David Ambler, vice chancellor for academic affairs, Chancellor Gene A. Budig and the Board of Regents before it can be enacted.
Easley said he vetoed the amendment because the Board of Regents would have ignored the amended version and because, in line with the department's set policy within the Athletic Department,
John Lechliter/KANSAN
"Mr. Timmons should not be tried twice." Essex said, "It is the Athletic Department's decision."
"We can state our opinion, and the petition will be received. Hopefully the petition will be regretted."
DENNIS HIGHBERGER. College of Liberal Arts and Sciences senator, said yesterday that having the amendment attached to the financing bill would have put clout into
Eleven-month-old James Ryan and his mother Lois, of Kansas City Mo., enjoy the warm weather as they sit on the base of the Jayhawk statue in front of Strong Hall. The two were waiting for James' father, John, to return from Strong Hall yesterday afternoon.
See VETO, p. 5, col.1
State panel hears criticisms of ticket policy
By MICHAEL TOTTY
Staff Reporter
TOPEKA — Basketball season ticket holders should not have to make large contributions to keep preferred seats at university athletic events, a Lawrence man yesterday told the Kansas Senate Education Committee.
"I am well aware of the competitive nature of big time university athletics and the massive financial needs of these programs," said Harold Riehm, 2135 New Hampshire St. What does it take to determine what constitutes fairness in the ability of these programs to Kansas citizens.
Riehm, who is executive director of the Kansas Association of Osteopathic Medicine, testified in favor of a bill that would prohibit athletic programs at Board of Regents schools from requiring contributions from buyers of season tickets.
THE PANEL referred the bill to an interim committee for further study. The Legislative
Educational Planning Committee is expected to examine the bill after the Legislature
No action then would be taken on the measure until next session.
Riehm's testimony was in response to a policy by the University of Kansas Athletic Corporation that would give priority seating for athletes. The Fund, which finances athletic scholarships.
KU's policy would not fall under the scope of the proposed legislation, however, because it does not make contributions mandatory for season ticket purchases.
Bob Frederick, Williams Fund director, said it never had been KUAC policy to require contributions from season ticket holders.
HOWEVER, BASKETBALL season ticket holders received a letter last November that said this season probably would be the last they could keep their seats in the area recently set aside for Williams Fund contributors without a donation to the fund.
"The interest in Larry Brown's Jayhawks
has dramatically increased the demand for priority locations" ,the letter said.
Fund members buying season tickets for the first time are expected to contribute between $750 and $,500 to the fund, on the location of the seats, the letter said.
It was signed by Frederick and Athletic Director Monte Johnson.
Frederick said that this policy was tentative and that a final decision probably would not be reached until after basketball season.
Riehm said that, although the required contribution was not KU's policy now, he had not done so.
"THIS SITUATION prevalent for quality of seating," Riehm said. "The next step, and one that I suggest will be here next year, is to introduce contributions for any purchase of season tickets."
"Were a policy instituted to grant new season ticket holders only to donors, we might well have a situation in which Kansas residents were denied access to Aller Field.
House while out-of-state persons were awarded season tickets based on the number of points earned.
Frederick said, "We in the Athletic Corporation at the University of Kansas have been concerned about trying to fund our program through private contributions and help go to the state. Then the state turns around and tries to cut those contributions."
State Sen. Wint Winter Jr., R-Lawrence said he had received several letters about the
WINTER SAID HE thought the legislation was a symptom of commercialization of college sports. But it would not be appropriate to interfere with university policy, he said.
Stan Kapil, Regents executive director,
said KUAC's policy was a means of raising private funds for a program that was largely self-supporting.
Kopik said he could understand how the athletic program would try to raise money through his efforts.
Culture Farms gets break from cease and desist order
By MICHELLE WORRALL
Staff Reporter
Culture Farms Inc., a local company accused of promoting a pyramid scheme, won a reprieve yesterday when the Shawnee County District Court judge temporarily blocked a cease and desist order issued Wednesday by the state.
Judge James Buchele granted a request by Culture Farms, 2220 Delaware St., and Activator Supply Co. Inc. of Las Vegas for a restrained restraining order against the state.
The two companies challenged the state on the grounds that John Wurth, securities commissioner, made an insufficient showing to justify usify the temporary cease and dissist order.
The order, issued against Culture Farms and eight other companies scattered across the country, was released by the State of Texas.
unregistered securities, operated as pyramid-Ponzi schemes and made numerous misrepresentations.
PYRAMID-PONZI SCHEMES, which violate the Kansas Consumer Protection Act, use funds from new investors to pay returns to previous investors. They demand an endless pool of new investors and do not sell profitable products.
The companies, which Wurth had been selling securities in the form of activator kits and contracts to grow and sell milk and cheese bacteria cultures for Culture Farms, were ordered to stop promoting the kits as devices to sell investment contracts.
Larry Christ, general counsel for the securities commissioner, said the commission had followed the proper procedure for issuing the cease and desist order.
He said the commission could issue cease and desist orders without holding a public hearing or notifying the companies through the State Securities Act. The act, he said, had
not been challenged before in Kansas or other states.
"WE ACTED THE WAY we did because we used the Constitution so through the Legislature," Christ said.
But Buchele said a public hearing was required before the commission could issue a rule.
"I don't want to get into a debate with Mr. Clair," he said. "My order requires a hearing."
Buchie required the companies in question to post bond in the amount of the sales made so far to Kansas residents. The money was raised by the bond of the hearing, which is not scheduled yet.
"To put it simply, the money isn't going anywhere." Buchele said
Christ said the securities commission planned to meet today with the attorney general's office to map out a strategy to fight the restraining order.
can issue a permanent cease and desist order, file criminal action through the attorney general's office or a district attorney's office, file a request for an injunction with the court or challenge the temporary restraining order.
The state has several plans of action: It
Attorney General Robert Stephan initiated the investigation of Culture Farms five weeks before.
Culture Farms buys harvested cultures from consumers who grow the bacteria in their homes with activator kits bought from Activator Supply.
Activator Supply sells the kits to the consumers at a minimum cost of $350. Culture Farms, which employs about 120 people, buys the bacteria from the consumers and resells it to Cleopatra's Secret, a Renov, Nev., cosmetic company.
Budig says Farrakhan should talk
By NANCY STOETZER Staff Reporter
Louis Farakran, controversial leader of the Nation of Islam, should be allowed to speak on campus later this month, regard- ing his views in his views may be Changeller Gene A. Budiu
In a prepared statement, Budig said, "Freedom of speech is a fundamental right. I would encourage all student leaders to work with the students on the principles of free speech are maintained."
The Student Senate early yesterday morning approved a bill allocating $3,600 for Farrakhan to appear March 28 in Hoch Auditorium as part of the Black Student Movement. The series is in conjunction with Alpha Week, sponsored by Alpha Phi Alpha fraternity.
Atlanta Mayor Andrew Young and Emmanuel Cleaver, Kansas City, Mo., city councilman, also will speak as part of Alpha Week. The Senate allotted $800 to partially cover expenses by Young and Cleaver $3,900 for Farrakhan's appearance and $800 for security.
WILLIAM EASLEY, student body president, has until March 18 to veto the bill. He said yesterday that he wouldn't decide whether to veto it until he received more feedback from students, faculty and the community.
If Easley vetoes the bill, the Senate could override his decision with a two-thirds majority vote.
"People may misconstrue my signature as an endorsement. It's not my place to endorse it."
If he doesn't veto the bill, Easley said, he will not sign it. The bill would be approved automatically if Easley did not sign it.
Melissa Miller, vice president of Hillel, a campus Jewish school, said that she didn't oppose Farrakhan's appearance but that she thought it should be supported by student money.
"As a student I find it upsetting that they're bringing to campus someone who has attacked my religion," she said. "It's important to open forum on campus, 'but this is my dollar.'"
MILLER SAID SHE expected campus protests when Farrakhan spoke.
David Gottlieb, professor of law and member of the Lawrence Jewish community, said he thought Farrakhan had a right to speak on campus.
"But we want positive protest, non-violent protest," she said. "We should be the Jewish students who protest." she said.
"I'd go to court to preserve his right to speak here, but that's not the question," he said.
"I haven't heard anyone explain what he has to offer the University community," he said.
James Young, president of Alpha Phi Alpha, said Farrakhar's appearance would coincide with the theme of Alpha Week. The event could gain economic and political power.
He said pairs representing black political leaders would speak during Alabama's
"We're not here to promote racism. We're here to fight it." he said.
Man is critical but stable after transplant operation
Farrakhan is scheduled to appear with a four-member panel. At least one of the panel members would be selected by a Jewish organization, Young said.
The panel would represent a variety of views, and each member would ask Farrakhan four prepared questions. Farrakhan will review the questions before the forum begins.
By United Press International
TUCSON, Ariz. — An auto mechanic, who survived for 11 hours on an unauthorized artificial heart built by a dentist, fought for his life in extremely critical condition yesterday after undergoing a second human heart transplant.
Creighton remained unconscious after undergoing a failed human heart transplant which was temporarily remedied by the implant of an air-driven mechanical heart operated by the FDA. Eleven hours later, doctors placed a second human heart in his body.
Doctors at the University of Arizona Medical Center said yesterday that Thomas Creighton, 33, was in critical, but stable condition.
Surgeons said they used the unapproved mechanical heart in a desperate effort to save the life of the financially troubled, divorced father of two.
"A MEDICAL emergency takes priority over federal regulations," said Alethia Caldwell, the hospital's chief executive officer.
A university spokesman quoted Copeland as saying the complications were "a direct result of the length of time that the patient spent on the heart-lung machine" Wednesdays, with the implant of the artificial device and later, the second transplanted human heart.
Jack Copeland, head of the transplant team, said Creighton was suffering from several serious post-surgery complications, and most of the problems caused in part by fluids in his lungs.
Creighton's identity, earlier withheld at the request of the family, was released by the hospital yesterday at a news conference. Officials had earlier said the recipient was 32 and from Tucson, but later refused to verify his town of residence.
OFFICIALS SAID Creighton had been treated at the hospital for heart problems since May 1984. Those problems included a heart attack, chest disease and damage to a large portion of his left arm.
It was also announced that the state would pay for the two transplants, but that it had
See HEART, p. 5, col. 1
Mike Gaines, KU biology professor, holds back his two make the acquaintance of a golden retriever. Gaines said Shropshire Mastiffs and his English sheepdog as they try to that he breeds the showdowns.