University Daily Kansan
Monday, Sept. 28, 1970
7
Goldberg Decision Expected Soon
A decision is expected early this week on the appealed case brought by Sam Goldberg against the University of Kansas athletic department.
John Hampton, Lawrence law student and chairman of the Appellate Division of the KU Judiciary, said Saturday that the three-man Appellate Division would meet Monday to consider the case.
Last Friday the Appellate Division heard the appeal by the athletic department of a decision by a special three-man panel last June ordering Sam Goldberg to be reinstated on the track team. The athletic department refused to comply and is appealing the decision.
The two-hour hearing was closed to the public at the request of the athletic department.
Contempt charges filed by Goldberg against the athletic department for failing to comply with the order to reinstate him have been stayed pending the appeal outcome. The athletic department is contending that the three-man panel last June did not have the power to hand down such a decision.
Goldberg said Saturday that he was appealing that ruling to the athletic department. He said that one of the option slips for determining grades last semester to reach the athletic department.
A statement released by Wade Stinson, KU athletic director, last June termed the decision "null and void," because such a ruling was not within the judiciary's jurisdiction. If the appeal is decided in favor of the athletic department, there would be no basis for Goldberg's contempt charge.
A further complication was added to the case last Friday when Charles O'Neal, athletic department counselor, said that Goldberg was academically ineligible.
"I received an F in the course when I should have gotten a D which would have made me eligible." Goldberg said. He said that he also went to summer school in California last summer.
I actually engine dirty and I want to see if O'Neal was unavailable for further comment.
Last week the athletic department filed a summary dismissal of all proceedings. Richard Cole, chairman of the Hearing Division of the KU Judiciary, appointed George Coggins, associate professor of law, to hear the case.
Coggins refused to comment or to disclose the date and place for the hearing.
Goldberg said that the case had turned into one having great political implications for the freedom of the college athlete. He added that if his case ever made it through the maze of conferences and closed hearings to an open trial, Jack Scott would be in Lawrence to testify in his behalf.
Scott is a contributing editor of Ramparts magazine and a very outspoken critic of "pure" college athletes.
Two KU law students, Tom Ashton of Lawrence, and Richard Wetzler of Marysville, are representing Goldberg. Doug Weaver is the attorney for the athletic department.
The members of the Appellate Division in addition to Hampton are Robert C. Casad, professor of law, and David Culp, assistant professor of law.
Commission Concludes Kent Deaths Unjustified
WASHINGTON (UPI) — A member of the President's Commission on Campus Unrest said Sunday it had concluded the killing of six student demonstrators last May at Kent State University and Jackson State College "was completely unjustified."
The commission, which gave President Nixon a report Saturday on the general problem of campus unrest and what could be done about it, will issue separate reports this week on its investigation of the Kent State and Jackson State tragedies.
But Joseph Rhodes Jr., a junior fellow at Harvard and, at 22, the youngest of the commission's 10 members, said "we found that on both cases the use of deadly force that was used was completely unjustified."
Rhodes, a Negro, is the man Vice-President Spiro. Agnew tried to have taken off the commission on grounds that he allegedly had prejudged both incidents, which now are under investigation by grand juries.
Rhodes spelled out the commission's findings during an appearance on NBC-TV's "Meet the Press" program with former Pennsylvania Gov. William Scranton, head of the commission, and New Haven Police Chief James Ahern, another member of it.
Of Jackson, Miss., where two students were slain when police fired on a women's dormitory, Rhodes said:
"We found people in law enforcement . . . who demonstrated a remarkable, incredible lack of concern for the human life of black people . . . who regarded the black people of Mississippi
At Kent State in Ohio, where four students died after Ohio National Guardsmen opened fire on a crowd of antiwar demonstrators protesting the U.S. move into Cambodia, Rhodes said the commission heard contradictory testimony.
as fair game for their missiles, for their weapons and acted in seemingly totally unprofessional ways, given the circumstances . . ."
"But the thing that I think was clear was that we found students who felt that . . . their campus had been invaded by the National Guard," he said. "The National Guard was an extension of the American military . . . carrying on its operation in Cambodia."
WASHINGTON (UPI) — A showdown comes in the Senate Tuesday in the battle to abolish the Electoral College and substitute direct popular election of Presidents.
But the outlook for mustering a two-thirds majority vote required to break the antichange filibuster was dim.
The effort fell short by six votes, 54 to 36, in the first attempt and Senate absenteeism clouds the prospect for success in the second attempt to impose cloture.
Senators from rural and southern states, fearing diminishing influence in presidential elections, have prevented a vote since Sept. 7 on the House-passed constitutional amendment to replace the Electoral College and replace it with the direct popular election of Presidents and vice presidents.
The amendment provides for a runoff in the event no presidential candidates wins 40 per cent of the votes in the first round.
Outlook for Popular Vote Dim
Senate Democratic leader Mike Mansfield said over the weekend that if the Senate still refused
Stop in Today 1404 W.23rd.
to limit the debate on Tuesday he would consult with his Republican counterpart, Sen. Hugh Scott and the amendment's chief Senate proponent, Sen. Birch Bayh, D-Ind.
Among other things, he was the first to delineate isothermal lines and to discover the decrease in the earth's magnetic field from the poles to the equator.
If they find some prospect for success on a third attempt to limit debate, Mansfield said, he will let the debate continue. But if the outlook is for a third defeat, Mansfield and Scott will try to convince Bayh to stand aside and let the Senate turn to other matters.
this Congress for the constitutional amendment. The proposal picked up broad support in 1968 when it appeared that George C. Wallace's candidacy could throw the presidential election into the House of Representatives.
That would end the fight in
There was fear at the time that neither President Nixon nor Hubert H. Humphrey would win a majority in the Electoral College, enabling Wallace to choose the next president by bargaining away his electors in a deal with Humphrey or Nixon.
SPENCER RIDING ACADEMY
"400 ACRES OF RIDING AREA — OPEN YEAR AROUND"
ALL RIDING & HAYRACK RIDES ARE ON THESE 400 ACRES
During his brief visit to the United States in 1804, he recognized the ambition and potential of the country but protested against slavery.
- RIDING HORSES
After 1796, he traveled extensively and took his research to the field. One of the currents off the west coast of South America was named after him because of his studies there. He developed scientific instruments and laid the foundation of physical geography and geophysics.
The Watson exhibit is displayed on a series of 50 connected panels prepared by the Institute for Foreign Relations in Stuttgart and distributed by the German embassy in St. Louis, Mo.
- RIDING HORSES
- HAYRACK RIDES
- HAYRACK RIDES
- SLEIGH RIDES
The early part of his career was concerned with scientific research, technical inventions and social reform.
An exhibit featuring Alexander von Humboldt, German naturalist and traveler, opens Monday in the basement of Watson Library.
- CARTS & PONIES FOR KIDDIE PARTIES & SPECIAL
(Pulled By Large Nurses)
- PORTABLE PONY RING
Exhibit Features Works of Famous German Naturalist
- CARTYS & FONIES FOR
  KIDDIE PARTIES & SPECIAL
  OCCASIONS
Historical sources claim that von Humboldt was, after Napoleon, the most famous man in Europe in the first part of the nineteenth century. According to Goethe, "His knowledge and vigor of mind are without peer. And furthermore, I have never met anyone of such versatility."
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