University Daily Kansan
Thursday, August 24. 1972
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Cohabitation Rule Loosely Enforced
ay CONNIE PARISH
Kansas Staff Writer
The so-called sex revolution has not changed a law in Lawrence that makes it illegal to marry under law, not married to women.
So reads City Ordinance 14-602,
under Article 6, which relates
offenses against morals and
decency.
LI. Vernon Harrell of the administrative division of the Lawrence Police Dept. said they didn't really attempt to strict enforce this city ordinance, since the law provides such a large number of people.
BUT UNDER Kansas Statute 25-118 those persons convicted of unlawful cohabitation shall be considered guilty of a misdemeanor and fixed not less than 30 days imprisoned in county jail not less than 30 days or more than 6 months or both.
Other city ordinances dealing with offenses against morals and decency include those for bidding
prostitution and streetwalking and lewd conduct.
Streetwalking by a woman for the purpose of inducing or encouraging the purposes of prostitution are expressly prohibited by Ordinaria.
Likewise advertising her means of livelihood on public grounds or buildings is against the law.
WHILE AT first glance it seems to seek or exeec sex with someone. The ordinance states that every male person found in the company of any female street walker shall himself be deemed guilty of adultery.
One wouldn't have to resort to streetwalking to break this ordinance, however. Any type of sexual intercourse or sexual intercourse, other immoral purposes or any sexual perversions fall under its jurisdiction.
People engaging in "lewd or lascivious conduct" in public are
also violating a city ordinance (14-618). Obviously, it is open to individual interpretation as to what constitutes such conduct, Harrell said. According to the law, a person who sexually unchate or intimates sexual desire or imagination or tending to moral lossiness.
No city ordinances specifically prohibit such offenses as adultery and homosexuality, but there are Kansas Statutes which deal with
HOMOSEXUALITY would fall under K.S.A. 21-907 Crime statute states, "Every person who shall be convicted of the crime against mankind or with host, shall be punished by confinement and hard labor not exceeding 10 years."
The Lawrence Police Department does not employ anyone for the specific purpose of catching violators of this law, Harrell said.
"Statistics in most cities show
that homosexuals are not often accused of homosexuality, Harrell explained, and the police are more interested in arresting criminals who tend to dowardTouch
If a homosexual was assaulted
an embarrassed adult whom he
had sexually touched should
sexuality would still have the
protection of the law, Harrell
UNTIL THE homosexual act is actually committed, the person is not guilty of a crime," he explained.
However, the person assaulted would have to sign a complaint and appear in court against his assailant, and this might discourage some persons from being such a crime. Harrell noted.
"But I don't think we have many problems of this nature in Lawrence." he said.
University Law Prof Sending Legal Textbooks to Prisoners
By JIM GALVIN Kansan Staff Writer
Jonathan M. Lander's, professor of law, has been helping inmates of a New York prison by sending them old law textbooks.
The project began about 18 months ago, Landers said, when his wife noticed an article in the newspaper concerning prison conditions.
Landers explained, "The first page of the second section of the Times always features a human interest story of some sort.
"One morning my wife showed me an article she had been reading which told of the conditions in the Manhattan House of Dealing with crime. The story there was an address where interested readers could send
materials which the inmates could use."
Landers had a special interest in the story, since he was from Brooklyn, for WORK and his wife decided to collect old books and shipped them away. A few days later he re-entered the institution, thanks from Herman W. Herman W. Landers, the institution, and the project going by putting up a note on the Law School bulletin board, asking students to help in the cause.
Green had explained that the institution was receiving no funds for the library, and that in order to get like Landers were its only hope.
To date, Landers estimated that 100 books had been donated. The price of new law taxes start at $12 or $13 with
many books costing much more
nany books costing much more. In his most recent letter to Landers, Green explained how he books were being used.
"I would like you to know that a man looking up a point of law, pertaining to his own case, might find something pertaining to him or the person or condition of the mind, while incarcerated, is vital." Green wrote.
If the police set up a situation to intentionally catch someone, they could have committed homosexual, the lieutenant said, they would have committed entrapment, which the lawyer would probably use as a way out of the situation.
Landers said that besides possibly offering a precedent to their own cases, the books could give the inmates "a sense of security and stability going on around them. They might also have legal problems not related to the reason they are in prison. Landers cited divorce and financial problems as instances where they might be true.
K. S.A. 21-908 expressly prohibits adultery, indecency and lewd cohabitation. It states that women must be married to every man and woman (one or both of whom are married and not to each other) who shall lewdly and lasciously engage in sex with them and every person married or unmarried who shall be guilty of open gross lewdness or lascious behavior or of any open and lascious engagement, grossly scandalous, shall upon conviction be adjudged guilty of a misdeemer and be imprisoned in the county jail not over 6 months by a fine not over $300 or both."
Despite the fact that many of the sexually-oriented laws and ordinances no longer seem appropriate in the swinging seventies, it may be a while one of them are changed.
"Probably before the laws can change, there will have to be test cases," Harrell explained.
Kansan Photo by STEVE CRAIG
Other new courses are provided by the constitutional rights of private legal accounting, a business related course, legal philosophy course.
Dickinson also said the Law School would have more space in addition of new portable classroon between Green and Dyche hills.
The trailers give the school an additional seminar room, with seating and ample placement and admissions offices and two offices for student rooms.
Instructors Head Changes at Law
The Law School will run on the same schedule as the rest of the University, Dickinson said.
New courses and instructors are the major changes in the Law School this semester.
Professor Works on Jury Guides
Earl B. Schurtz, professor of law, prepares instructions
According to Martin B. Dickinson, Jr., dean of the Law School, the School will have five new instructors.
Webster Golden, who attended KU before going to Virginia Law School, is an Iola native with a Master's degree in Law, a Grant, a Yale graduate, will be teaching a new course in Indian law this spring. Edwin Hecker, a Wayne State graduate, is coming to California from Fred Lovitch, a graduate of Pennsylvania University, will come from Philadelphia and McGraw-Hill, Moore, a Harvard graduate, will come from San Francisco.
One of the new courses being offered is education law. This course will cover the controversial topics as busing, integration and rights of students.
KU is one of the 45 members of the Association of American Universities, which awards 80 per cent of the doctoral degrees.
Shurtz has served on the Committee of Pattern Instruction since its conception in 1864. The committee is one of the committees are judges.
Earl B. Shurtz, KU professor of law, is one of the committee preparing guidelines for inquiries into Kansas criminal and civil cases.
Law Prof to Assist Juries
The committee was appointed by the Kansas District Judges and complains that jury instructions from trial judges were often too complicated, to technical, and too lengthy to be easily inter-
Shurt's said the judges wanted restrictions that would be brief, accurate and unslanted, but capable of promoting uniformity
THE first volume of "Pattern Instructions for Kansas" (PIK) was published in 1966. It dealt with civil cases and according to the preface, differed from past instructions, which were designed to satisfy appellate courts rather than to inform juries."
The second PIK volume,
published in January 2016,
guidebook of instructions for
criminal cases, published under
the sponsorship of the Kansas
Shurts said this volume will be distributed free of charge to judges, county attorneys and lawyers acting for indigent defendants. The second volume was published in conjunction with the new Kensington code which was adopted in 1969 and became effective in July
The book explained that Kansas did not originate the project. The authors used similar publications from Illinois, Minnesota, Ohio, Minnesota, Iowa, Missouri and Wisconsin as examples.
SHURT2, who maintained his full teaching load at KU while working in a guide, said the objective was to encourage uniformity in jury instruction to eliminate many inaccuracies. He also helped help the layman comprehend the law by providing understanding and unbiased statements.
Although Kansas law does not require judges to use or refer to the PIL volumes Shurtz feels that the courts should receive, serving as "simple and received."
understandable models."
Other members of the committee who are now working to update the 1868 civil PIK are James McGregor, Pittsburg, Supreme Court Justice David Prager, Topeka, Judge Alex Hotchkiss, Lyndon, Judge Hubert W. Walton, Lokal, Judge Albert Fletcher, Jr. Clunion Branty, Judge Bryant, Wichita, and Judge Frederick Woleyslage, Lionsel.
Shirt said the volume could result in the Kansas Legislature's updating and removal of some old laws.
The committee is a continuous thing, he said, meeting regularly to update past volumes.
The committee began meetings July 19 in Overland Park to start work on a supplement to the 1966 civil volume.