Show guns Group fires off weekend exhibit Inside. p. 6 The University Daily KANSAN COOL High 42. Low 20 Details on p. 2 Published since 1889 by students of the University of Kansas Vol. 94, No. 84 (USPS 650-640) Tuesday morning, January 24, 1984 Swenson plans appeal to stop second election By CINDY HOLM Staff Reporter The controversy over November's disputed student body presidential election could surface again when Priority candidate Scott Swenson this week an appeal against the procedures in gilbert. Swenson announced yesterday that he would in the appeal in hopes of overturning the decision. Acting on an appeal by the Momentum Coalition against the Elections Review Board, the University of Kansas Judicial Board in Washington, D.C., Chancellor Gene A Budig order a new election. The board described the November election as "fraught with inconsistencies and ambiguities." BUDIG CALLED FOR the election on Jan. 5, and a special elections committee has proposed Feb. 29 and March 1 as the election dates. The Student Senate must approve the recommendation. Charles Lawnhor, Kansas City, Kan. senior, who filed Momentum's appeal on behalf of presidential candidate Kevin Walker, said Momentum had asked the board to declare Walker the winner of the election or to call for a convention that would include Momentum on the ballot. In his appeal, Swenson said he would also object to the board's ruling in behalf of Kevin Walker, because Walker was not enrolled at the time of the appeal. Swenson said that if the board had made Walker student body president, it would have violated Student Senate rules that require the president to be a student. According to the office of student records, no students not enrolled from Nov 23 to the end of the semester. Walker yesterday declined to comment on Swenson's possible appeal. "A STUDENT WHO HAS not paid his fees should not be allowed to receive the benefits of the University Saipan service." Swenson also said the board had failed to follow correct procedures when making the decision. He said only four out of the required five members were present at the hearing, and only one out of two students on the board were present. Doug Whitman, chairman of the Judicial Board, said that all five members had been notified of the meeting, but only four members had attended. However, he said that nothing in the Judicial Board's rules prohibited four members from taking action. Whitman also said he did not know whether the *Industrial Board* would grant *Syonen*'s appeal. "If someone was to appeal, I would check the rules." he said. Swenson said his appeal also would object to the board meeting during final week. The board member hadn't been able to attend. THE KU SENATE CODE forbids scheduling any event requiring the participation of students in the course. Because of finals, Swenson said, Julie Menge, chairman of the Elections Review Board, could be in trouble. The code allows each party in the dispute to represent himself or be represented. Meese anticipates no battles in his confirmation hearings By United Press International MONTECITO, Calif. — Edwin Meese III, an outspoken conservative on civil and civil liberties issues, said yesterday that he did not think the state had the right to generally turn into a partisan political battle. "I just don't think the senators are going to want to play politics with a Cabinet appointment." Meese told reporters before making a speech to a University of Southern California alumni group. I think traditionally, historically, it hasn't been the case. AT LEAST ONE Republican on the Senate Judiciary Committee said he expected the hearings to become heated. Sen. Charles Mathias, R-Md., predicted that the proceedings would touch off "a bitter debate on antitrust, civil rights and privacy issues." But other leading Republicans welcomed Meese's appointment, "It is too early to say if he will have trouble winning the committee's endorsement, Mathias said. "He certainly will have to satisfy the committee on these issues." notified Congress that he was naming Meese to replace Attorney General William French Smith. Senate Judiciary Committee Chairman Strom Thurmond of South Carolina said he would hold confirmation hearings quickly, possibly within two weeks, once President Reagan officially "IN MY JUDGMENT, he will make an excellent attorney general." Thurmond said. He predicted that the Senate would follow tradition by appointing a liberal seat selection, "unless politics are played with it." Sen. Howard Baker of Tennessee, the Senate Reporter, said that he will certainly correct the Messe nomination. Meese declined to say what his priorities would be at the helm of the Justice Department, saying he would wait to discuss that after the confirmation hearing. Meese disagreed with liberal criticism of his stance on civil rights, saying he had "a long record of being very much in support of civil rights and very much in support of human rights, and that's something I would certainly want to continue." "I THINK THE PRESIDENT himself seeks out a wide range of voices," Meese said. "I know he will not allow conservative voices, or for that reason, to be excluded from him. So I'm not worried." Meese said he was not that concerned his absence in the White House would cut back on her campaign. Dee Anderson/KANSAN The J.C. Penney Co. Store, 830 Massachusetts St., will soon be vacant. J.C. Penney officials yesterday announced that the store would move into the former Montgomery Wards Co. building at 23rd Street and Ousdahl Road by July. J.C. Penney Co. finds new home on 23rd Street Commissioner says redevelopment plans may be causing move By SHARON BODIN Staff Reporter The company does not plan to move the store back down town, said Gerald Kaiser, Kansas City city manager. The Lawrence J.C. Penney Co. store, which had been considered as one of several department stores for a proposed downtown mall, will move from downtown to 23rd and Ousdahl streets, a district spokesman for the company said yesterday. "If we had planned to become part of a downtown development, we would not have agreed to lease the facility that we will be moving into," he said. Miles added that J.C. Penney did not plan to have two stores in Lawrence in the next 10 years because of the size of the market area, which is growing rapidly and moving into a downtown mail during that time. THE STORE WILL RELOCATE in the former Montgomery Ward & Co. building, Montgomery Ward vacated the building in January 1983, according to city records. Some city officials and an architect involved in the downtown project played down the effect of the move on development plans. However, one city commissioner said the move might have been related to the Lawrence City Commission's change in downtown developers. commissioner Nancy Shontz said. "It's been my understanding that the Dallas office is very busy." She said that J.C. Penney had been interested in two previous downtown plans, created by Jacobs Vissoni Jacobs, Cleveland, and Sizeler Real Co. Inc., Kenner, La. "Maybe they don't like the Town Center plan," she said. THE NEW STORE WILL be 80 percent larger than the present one in total square feet. The increased market opportunity will add about 60 new jobs. Mayor David Longhurst said that if J.C. Penney or any other store was seriously going to consider locating in the downtown development area, he would call the national office, not the district or local office. Commissioner Mike Amyx echoed Longhurst's comments. He also said that he had suggested this summer that the city do whatever it could to keep J.C. Penney downtown. The downtown plan does not hinge on J.C. Penney's moving into a mall. Commissioner Ernest Angio pointed out that there were still many other department stores in the city. HE ALSO SAID THAT although he had not seen the lease that J.C. Penney had signed for the new location, J.C. Penney probably could still get out of the lease if it wanted. See PENNEY, p. 5, col. 1 Policy alters state access to KU forms State to track debts with Social Security numbers of students By GRETCHEN DAY Staff Reporter The state has requested Social Security numbers to track down students delinquent on their loans and to identify those who illegally collect unemployment benefits. The numbers would also be used to find students who owe state taxes or any other money to the By fall the Kansas Department of Administration will have access to some students' Social Security numbers on admissions forms for collecting money owed to the state. Traditionally Social Security numbers on admissions forms have been used strictly for administrative purposes within the University of Kansas. But because of an agreement formalized last week by the Board of Regents and the Department of Administration, Social Security numbers will be disclosed at the agency's request. ON ADMISSIONS FORMS, a disclaimer will state that Social Security numbers may be disclosed to the state and that compliance is voluntary, according to guidelines approved last week by a Regents committee The entire Board did not act on the request and was not required to. Nuclear cargo of 'White See SECURITY, p. 5, col. 3 By MATT DeGALAN Staff Reporter Two or three times a year a white train with machine gun turrets and grenade-toting guards leaves the Pantex Corp. plant in Amarillo, Texas. It begins a four-day, cross-country journey to a Trident nuclear submarine base in Poulsoh, Wash. On board, a local anti-nuclear protester says, at least 100 nuclear warheads will be deployed. Local anti-nuclear protesters expect the local government to pass through Topka again in the next month. Last August the 'White Train' passed through Tooneka unofficed. A FEDERAL OFFICIAL refused to confirm that the train would go through the capital, but several Lawrence protesters said they expected the man because it was overdue on its regular打印. Bob McCarty, public affairs officer for the Department of Energy in Albuquerque, N.M., said information about the train's route was classified. John Linscheid, a member of the Lawrence Coalition for Peace and Justice, said members of his group would line the tracks and meet the high signs and banners if it passed through Kansas. McCarty said, "If anyone was to interfere with the progress of the train it would be serious." Clark H. Coan, a coalition member, said some protesters might lie on the tracks as an act of civil disobedience. He said about 50 people had signed up to protest and were waiting for word that the train had left Amarillo. we want to tell people that nuclear bombs are passing through their state and that under the Reagan administration more and more are being made." Coan said. THE TRAIN WILL probably pass through Topeka, Linscheid said, where it will be transferred from Sante Fe rails to those of the Union Pacific. If railroad officials foresee trouble, Linscheid said they might re-route the train through a state highway. Sante Fe and Union Pacific officials acknowledged the train's existence but said they didn't know when the train would come. They directed Department of Justice officials in Amarillo. A Pantex official, who refused to identify himself, said that he didn't know when the train would leave and that the information was The coalition is one of many groups along the route that plans to protest the train, Linscheid said. Ground Zero Center for Non-Violent Action, a nuclear-freeze group based just outside the Bangor Naval Base in Poulso, is organizing the protests. classified. He also refused to say whether Pantex made the warheads. LINSCHIEID SAID THE 'White Train' had passed through Colorado until protesters there convinced company officials to direct the warheads through Kansas. "They think it's safer here and easier to get away with," said Linchstein, who is also pastor of the Episcopal Church. The Bangor Naval Base in Washington state is where the warheads are installed on Poseidon missiles, said Jim Douglass, one of the founders of Ground Zero. Tip led EPA to chemical leaks, KU official says By TODD NELSON An anonymous phone call led to the Environmental Protection Agency investigation at the University of Kansas last year that turned up evidence of a toxic chemical that violated federal toxic chemical guidelines. Staff Reporter "It was not a random inspection," Tom Anderson, director of facilities operations, said recently in recapping the 11-month problem that eventually cost the University nearly $100.000. At least 10 of the transformers were leaking the toxic chemical when the EPA made its inspection, said Don Beem, assistant director of refrigeration and electrical systems. Anderson said the EPA investigator who found the violations had told him that the investigation stemmed from an anonymous complaint to the regional office in Kansas City, Mo. ACCORDING TO EPA records, violations of federal toxic waste guidelines at the University included improper storage of several transformers that were leaking poly-chlorinated PCBs PCBs, which are used to insulate transformers, can cause severe skin irritation and are suspected of causing cancer. The chemical's danger depends on its concentration. The University recently completed the 1-month cleanup and is now in compliance with BI. Anderson said that the Regents paid $80,000 for the cleanup and a $10,000 fine imposed THE VIOLATIONS OCCURRED because KU employees who maintained the transformers didn't clearly understand EPA rules, Anderson said. "It was a matter of ignorance of the law." Anderson said. "We were not aware of how "We would have had it all taken care of eventually." Anderson said. severe it was until it was brought to our attention." Before the EPA citation, Anderson said, the University did begin to correct the problem. Facilities operations workers began to move leaking transformers from storage sites across the University to the West Campus storage area, he said. At the time of the inspection, facilities operations had planned to dispose of the leaking transformers. George Traiger, associate professor of pharmacology and toxicology, said that the government was concerned with contamination in the environment there was no good way to remove them. THE POTENTIAL EFFECTS for people exposed to PCBs are difficult to predict, Traigner said, because they depend upon the length of exposure and the concentration. An EPA official said last week that although the violations at the University did not create a crisis, the violations could not have been allowed to continue. Marvin Frye, the official and a toxic substance coordinator who prepared the EPA complaint against the University, speculated that the presence of PCBs was probably not a health risk for KU students because they would have had little contact with the PCBs on campus. Anyone working near the West Campus storage area might have faced an increased potential for risk because more PCBs were present in that area. Freed said. The soil in the storage area was contaminated with 5,200 parts per million of PCBs, he said. TRAGER SAID THAT the presence of FCBS in the soil planted so did not necessarily pose a health threat. See EPA, p. 5, col. 3