THE UNIVERSITY DAILY KANSAN
VOL. 100, NO. 20 (USPS 650-640)
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
FRIDAY SEPT. 22, 1989
ADVERTISING: 861-4358
NEWS:864-4810
Underage drinkers protected Ruling restricts police searches
By Stacy Smith Kansan staff writer
Lawrence police officers can no longer approach individuals in bars whom they suspect to be underage or in other offenses, look young, a judge ruled Wednesday.
Douglas County District Court Judge Jean Shepherd ruled to suppress evidence in the Kansas vs. Abby Bernstein case, involving a KU student who was charged with underage drinking last spring.
Shepherd also said that the officers failed to advise Bernstein of her rights when she was questioned and properly seized Bernstein's beverage.
Shepherd wrote in her decision that Lawrence police officers did not have reasonable suspicion that Bernstein, Winnetka, Ill., junior, was underage and therefore involved in criminal activity at the time they approached her. Shepherd wrote that an officer's view of who looked young was subjective and dependent upon that officer's perspective.
Bernstein's attorney, Donald Strole, said that he was happy with the judge's decision but that he expected the Douglas County district attorney's office to appeal the case. Until this ruling is overturned, how-
Hurricane's deadly storm surge
See UNDERAGE, p. 6
PAUL SOUTAR / Knight-Ridder Tribune New
Hurricane Hugo jolts South Carolina coast
135 mph winds snap power lines, flood roads
The Associated Press
CHARLESTON, S.C. — Hurricane Hugo pummed South Carolina with winds exceeding 100 mph yesterday, knocking out power to the entire city of Charleston and flooding streets as thousands of people fled inland on jammed highways.
No injuries were immediately reported, although a wood frame house in Charleston collapsed on an unknown number of people. Efforts to rescue them were hampered by the storm, authorities said.
"This is a disaster staring us right in the eye," Mayor Joseph P. Riley Jr. said from his City Hall command post in Charleston, where the hurricane downed power and telephone lines, snapped trees and caused utility transformers to explode.
The hurricane apparently knocked out power to the entire city, said Lt. K.D. Kennerly, a state police spokesman.
with hurricane-force winds but largely skirted the neighboring states of North Carolina and Georgia. Tropical storm-force winds of 40-45 mph were felt as far south as Savannah, Ga. Wind gusts of 50-60 mph were reported in North Carolina, causing scattered power outages. Winds up to 65 mph were reported in Myrtle Beach, 200 miles north.
Hugo knifed into South Carolina
Winds are termed hurricane force when they reach 74 mph.
Hurricane-force winds first hit the coast by 8:15 p.m. CDT, and about three hours later the eye of the storm passed over the Isle of Palms just east of Charleston, said Bob Sheets, director of the National Hurricane Center in Coral Gables, Fla.
The eye was about 10 miles across and top winds were at 135 mph. Hugo was expected to turn gradually to the north, causing severe flooding as it moved up the East Coast, particularly in the Appalachians.
A weakened version of the storm was expected to reach southwestern
Virginia within 24 hours and bluster through the mid-Atlantic states in the following 48 hours, the hurricane center said.
As Hugo neared the coast, roads from Hilton Head to Myrtle Beach, 26 miles north, were nearly empty, as women boarded-up resort towns themselves.
American Red Cross relief efforts were buckling under the number of evacuees, said Brian Ruberry, a law enforcement officer in Vannah, Ga., who appealed for help.
At 1 a.m. CDT, Hugo's center was about 25 miles north-northwest of Charleston, near latitude 33.3 degrees north and longitude 80.1 degrees west, forecasters said. The hurricane's speed had picked up to 25 mph from 22 mph earlier.
Near its center, Hugo's maximum winds slowed to 100 mph, down from 135 mph earlier in the day. North and South Carolina can expect tornadoes linked to Hugo for the next two days, according to the hurricane center.
The Associated Press
Bush sends troops to St. Croix to control rioting
WASHINGTON — U.S. troops landed yesterday on hurricane-damaged St. Croix in the U.S. Virgin Islands and found "chaos and near anarchy," a top Pentagon official said yesterday, but a spokesman for the White House later
said that the situation was improving.
"The troops are having an obvious impact in controlling the looting and other lawlessness associated with the destruction," said Marlin Fitzwater, White House spokesman. "It is impossible to say at this point how long they will have to be there."
"The local officials, of course, are still in charge of law enforcement there. Our purpose is to help out in an interim and temporary way until the local law enforcement can handle the problem.
will be guided by their feelings about when they're in control and when they can handle the situation."
"We stay in close contact with the police authorities on the islands and the governor and
The first group of military personnel laneed at 6:40 a.m. CDT on the island, and moved
Plan seeks tobacco tax for Margin
By Kate Lee Kansan staff writer
State Sen. Dick Bond, R-Overland Park, has developed a plan to increase taxes on cigarettes and other tobacco items to finance the third year of the Margin of Excellence.
The proposed plan calls for a tax increase of five cents per pack on cigarettes and a 5 percent increase for other tobacco products. It would raise about $16.7 million during the next 18 months, he estimated.
Chancellor Gene A. Budig said that it was not the University's role to be the first to understand but that he was encouraged by Bond's continued support of the Marrin.
The Margin of Excellence is the Board of Regents three-year plan to bring the total financing of its seven institutions to 95 percent of their peer schools and to bring faculty salaries to 100 percent of their peers.
"Anytime they want to tax, they tax cigarettes," he said. "If think it's bad when they keep taxing cigarettes for everything. They don't tax alcohol as much as cigarettes."
Bond said that there were many places to look for taxes for financing, but that a cigarette and tobacco tax made sense.
The increase would bring the tax on a pack of cigarettes to 28 cents.
See TROOPS. D. 6
"First priority is funding the Marin."
Bob Carl, owner of Kwik Shop, 1714 W. 23rd, said that the store would simply pass the tax on to its customers.
Financing for the Margin will be difficult to find when the legislature convenes in January, he said.
"I don't think an increase in income, in sales or in property taxes will be gotten easily this year," Bond said. "I'm just floating this idea. This is something we might be able to get through.
"He has been an outspoken and active advocate of Kansas," he said.
KU band tunes up for a winning season
"People are always saying how they'll quit when the price gets so high, but they keep on buying," he said.
Carl said that most people probably would not pay much attention to the increase.
Bond said that he had not been in Topeka since he made the proposal, but that he had received several phone calls from people in the eastern part of the state expressing support for it. He said he expected to hear from those in the west next week when he would be in Topeka.
By Holly Lawton Kansan staff writer
Robert Foster, director of the Marching Jayhawks, stood on a ladder at Memorial Stadium and talked to "his family."
"Have fun! Turn the audience on their ear! Rock 'n' roll, down and dirty!" he sang through a microphone to nearly 250 band members.
Foster, known as "Uncle Bob" to band members, was gearing them up yesterday for their next performance. The band will play at KU's first away game of the season tomorrow at Baylor University in Waco, Texas.
"There's a pride factor involved," Foster said. "We want to represent ourselves and the University well. The students are really serious about representing KU with quality and class."
Mark Robel, Overland Park freshman and snare drum player, agreed. He said that band members were under a lot of pressure for the Baylor game.
Some of the band's recognition stems from the Sudler Award, which the Marching Jayhawks received last year for their consistency in producing outstanding bands. Band directors elect the winner.
"We're going to get a lot of exposure, and we want to do well," he said.
"We work so well together because everyone's so positive all the time," said Ken Green, New Windsor, N.Y., graduate student and band staff member. "There are lots of long-term friendships.
"You bet I did," he said proudly. Other band members are equally enthusiastic about being in the KU band.
Did Foster vote for his band as the deserving winner?
There's no question that it's a family deal here."
The band members may be close because of the time they spend together. They practice at least two hours a day, four times a week for two hours credit. Most are not music majors.
"But it's worth it," said Steve Kolbe, Omaha, Neb. sophomore and drum major. "It's really amazing that this many people stay with it, because it gets really hot and humid out on here the field. That shows some dedication."
Despite long hours, extra rehearsals and constant memorization of music, the morale of the band remains high.
"Fans and alumni really go on of their way to support the band," green said. "His neat to know people, a good friend — one of the tops in the country."
Jenny Haile, Lawrence sophomore and quadrum player, said the band members got satisfaction from every game.
"We start all over again with new music at the beginning of each week, and it's so great after working all week to have it down and sound good on Saturdays," she said.
Robel said the crowd response made the work worthwhile.
"There is a certain respect people have for the band here that you don't get in high school," he said.
"There is a big emphasis on schoolwork here," she said. "They understand when we have special needs. It helps take the pressure off."
Haile said although being in the band was time consuming, it didn't interfere with other activities.
But even when frustration hits, the family feeling kicks in, Halle said.
Kristen Myers, Edmond, Okla.. freshman. waila on her trumpet.
The Marching Jayhawks' trumpet section lines up in a formation. Band members rehearse new routines and music each week. Kent Gilbert/KANBA
The Associated Press
Judge awards wife custody of 7 embryos
They are going to force me to break a father against my wishes "he said.
Mary Sue Davis said that the earliest she would try to get pregnant would be January.
MARYVILLE, Tenn. — A woman fighting for control of seven frozen embryos in an unprecedented divorce case was awarded temporary custody yesterday by a judge that said it begins at conception and that the woman should be allowed to carry the embryos to term.
Blount County Circuit Judge W. Dale Young, ruling in favor of Mary Sue Davis against her estranged husband, Junior Lewis Davis, declared that their embryos were children, not property.
"I'm thrilled. It's definitely what I wanted," Mary Sue Davis told a news conference in Titusville, Fla., where she now lives.
Junior Davis said he would appeal in the state court system and possibly beyond.
"I'm waiting to see about the appeal. Then, hopefully after that, try to have a child," she said. "I could try at any time, but I have to recover from all of this and then consider starting the program."
Charles Clifford, Junior Davis' attorney, said that he would ask the court to prevent Mary Sue Davis from implanting the embryos until appeals are settled.
Clifford said the ruling could conflict with the Supreme Court's landmark Roe vs. Wade decision, which allowed women to have abortions. Janet Mayfield, the attorney who will handle Davis' appeal, said the decision could also conflict with state laws on property interests and anatomical gifts.
The case grew out of the decade-old technology of test-tube babies, or in vitro fertilization. The Davies became embroiled in the dispute after they were unable to have children and turned to in vitro fertilization.
The couple produced nine embryos in December, guided by I. Ray King, a physician at a Knoxville clinic. Two were implanted in Mary Sue Davis and developed. The others were put in cold rooms. The parents until Davis sued for divorce in February.
During testimony in August, Junior Davis, 31, said he would feel "raped of my reproductive rights" if Mary Sue Davis were allowed to implant the embryos without his consent.