THE UNIVERSITY DAILY KANSAN VOL.101, NO.25 KANSAS STATE HISTORICAL SOCIETY TOPEKA, KS 66612 THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS ERIDAY, SEPTEMBER 28, 1990 NEWS:864-4810 Senate judiciary committee OKs Souter The Associated Press WASHINGTON — The Senate Judiciary Committee approved the nomination of New Hampshire judge David H. Souter to the Supreme Court yesterday with only one disqualification. The full Senate is expected to conform him, but not before the court begins its fall term on Monday. Democrats as well as Republicans can in the concession mail they thought President Bush's nom Bush's son inee was a brilliant legal scholar and a man of good temperament and integrity Only Edward M. Kennedy, D Mass, voted against him, saying he leared Souter would solidify a 5-4 civil rights anti, privacy major Howe Helff, a conservative Alabama Democrat whose opposition helped kill the 1987 Supreme Court nomination of Robert Bork, said he liked Souter's clearheaded approach and lack of an ideological agenda. Howard Metzenbaum, D Ohio, said: "My sense is that David Souter is a fair and open minded jurist who knows well the weight of the respon- sibilities which will be placed upon him." Bush hailed the committee action and repeated his request that the Senate act as quickly as possible to confirm Souter so be could be seated when the court begins its new session. However, officials and others close to the situation said a vote was unlikely before next week One factor was the Jewish holiday Yom Kippu which interrupted Congress' schedule Committee chairperson Joseph Biden, D-DeL, and other Democrats were loath to waive rules that give senators time before voting to review a committee's findings. Souter, 51, in a statement released in New Hampshire, thanked committee leaders and members for their courtesy and consideration. "I am gratified by their action. I await the decision of the full Senate." he said. Earlier, Tom Tatha, a former New Hampshire attorney general, said Souter heard of the panel's action on a radio in Ratha's law office. "To get this kind of overwhelming support makes us feel very good." Rath said, adding that Souter was soon on the way to New York soon as the White House approved it. The lopsided vote did not show the widespread unease on the committee caused by Souther's refusal to state that it was wrong to take critical issues before the court. "Judge Souter is not the sort of judge I would nominate if I were president, said biden, committee chairman and a supporter of abortion rights. Souter barely met his criteria, Biden said. But he said苏瑟 was the best he thought he could expect him. Bush, who opposes abortion rights. "Aspects of Judge Souter's testimony were of little comfort to legal conservatives including this senator," said Gordon Humphrey, K.N.H. in a statement released at the court on Wednesday. "I am confident that the president is entitled to considerable deference in his choice for the Supreme Court." Democrats who supported Souter expressed faith that he was as open-minded on women's rights and other issues that defended to be. Kennedy did not agree. "I hope I am wrong. But I fear I am "I hope I'm not wrong," said Metzenbaum, usually a Kennedy ally, in revealing his affirmative vote. right," Kennedy said. "The lesson of the past decade . . . is that we must vote our fears, not our hopes." Kennedy won't be quite so alone when the nomination comes before the full Senate. Five other Democrats had announced their opposition to the nomination by yesterday, mostly based on the abortion issue. Molly Yard, president of the National Organization for Women, attended yesterday's committee meeting and said afterward: "I tremble for the women of the United States." - weather parachute, launched Tuesday in New Mexico by the National Scientific Balloon Facility, landed yesterday in a field by K-7 and K-10 highways in Johnson County. Research balloon floats past Lawrence Rv Amv Zamierowski Kansan staff writer A research balloon that would cover 10 acres if laid flat landed yesterday morning in Johnson County after floating hundreds of miles from its launch spot in New Mexico. Richard McNulty, deputy meteorologist at the National Weather Service in Topeka, said the service received many calls from radio stations and people who had seen the shimmering rain. He said he thought the balloon could be seen from Emoria to Nebraska. "The balloon was made of translucent plastic," McNulty said. "When the sun was shining on it in the early morning hours, it was bright. The balloon was floating above the sphere with four tubes hanging off the bottom." the balcony, which was 1,000 feet in diameter, was released Tuesday night from Fort Sumner, N.M. It was launched by the National Security Facility, which is based in Seattle, Texas. Bob Howie of the National Scientific Balloon Facility piloted an aircraft that tracked the ballon. He said he had followed it from 2:30 a.m. yesterday, making stops in Salina and The balloon, which few south of Topena about 8.30 a.m., was traveling at 39 knots or 45 miles per hour. Howie said the balloon contained a scientific research package weighing about 1,500 pounds designed to measure atmospheric pressure and collect data in a 40-hour period before Howie was land the balloon Howie said he chose the field as a place to land the equipment because it was near high ground. From the plane, a radio-controlled mechanism caused the balloon to deflate and release the research package, which had a descent system of a disposable parachute. "Cut the cable, and down she comes," Howie said. "It came down as perfect as pie." A recovery team from the balloon facility picked up the parachutes. Scientists will spend the next couple of years analyzing the data from the flight. Howie said. The research package landed at 10:31 a.m. in a field two miles west of Kansas Highway 7 and a mile north of Kansas Highway 10. On its descent, its parachute became tangled in its hedge tree. The balloon landed 10 miles west of the package in a field about 10:15 a.m. The balloon reached a height of 132,000 feet, Howie said. It was filled with 28 million cubic feet of helium. There was no damage to the research equipment. The watch commander for the Johnson County Sheriff's Department said the department received a report that the balloon was descending. Four officers were sent to keep people a safe distance from the site until the recovery team arrived. The Associated Press contributed information to this story. Agency studies report KU could receive almost $1 billion for improvements By Carol Krekele Kansan staff writer The University of Kansas could receive almost $1 billion for building improvements under a proposal to establish a joint state legislative committee. According to a report released yesterday, the University would receive $999.1 million from the State Building Energy Conservation Program under a proposal that would allocate close to $4 billion for the maintenance and improvement of state buildings. The report was a project update from the Kansas Development Finance Authority to the legislative committee on State Building Construction. The program also would allocate approximately $1.3 billion for building upkeep at four other Board of Regents schools. Projects proposed for the Lawrence campus included variable air volume control for Watkins Memo. In addition, Robinson Center and Nichols Hall. Allen Bell, KDFA president, said the proposed systems improved dfr ventilation. The University of Kansas Medical Center would receive an estimated $378.2 million. If approved by the committee, the proposal would be considered in the 1991 session. Gay former student on both sides of issue By Monica Mendoza Kansan staff writer But one man, David Hardy, is sympathetic to all sides surrounding the issue. The controversy surrounding the ROTC's policy discriminating against homosexuals and the University of Illinois has left the campus divided Hardy is a former KU student. In 1978, he was awarded a four-year Army ROTC scholarship, which he kept for two years. He gave up the scholarship to pursue other interests. "I hadn't yet come to grips with who I was." Hardy said. who I was. Hardy said. When Hardy was a senior at K1! he realized that he was gay. "There were a number of reasons why I left ROTC," Hardy said. "But it wasn't tied directly to my sexual preference." During his years as a graduate student, he turned his energy to protesting for homosexual issues at a time when Gay and Lesbian Services of Kansas was not financed, supported by the University. Hardy is assistant director of the organizations and activities center. He doesn't answer policy questions in his policy that discriminates against "I was a radical student on this campus." Hardy said. homosexuals, but he doesn't want ROTC to be forced to leave campus. Hardy said that he could understand the ROTC policy and that he sympathized with the concern of the students, but he said that he had responsibilities as an administrator. "I don't regret being in BOTC." Hardy said "The leadership and training was outstanding. For some students, an BOTC scholarship is the only way to pay for school." Hardy attended the student protest Tuesday at the chancellor's home because he was asked to be there by GLSOK. Hardy said that students shouldn't give up on University administrators. He also was asked by the administration to represent the University at the protest. The protest reminded Hardy of what it meant to be a student demonstrator. "I was really there in my administrative position," Hardy said. determined to *torn it,* Hardy said. "I looked out there, and that used to be me." "I think some students thought the battle was over," Hardy said. See HARDY. p. 9 Pro-choice advocates rip Finney The Associated Press WICHTA — State Treasureur Joan Finney's views on abortion, rape and incest show she is not smart enough to show she is an pro-choice advocate said yesterday. Additional campaign coverage p.16 Peggy Jarman, one of the founders of the ProChoice Action league, said Finney's comments in Topeka on Wednesday were a disgrace to government, families, women and children. "She should not be governor unless she can change her attitude and increase her knowledge about basic fundamental rights of people to control their own lives," Jarman said at a news conference at the Wichita The league has endorsed incumbent Republican Gov. Mike Hayden, who is pro-choice. On Wednesday, Finney, the Democratic gubernatorial candidate, said she opposed abortion even in cases of rape and incest. She suggested improving economic opportunities for women as a solution to incest. In a statement issued by her cam "This matter is in the hands of the Kansas Legislature," she said. "The most the Legislature will enact is a limitation on third trimmer abortions and the use of fetal forceps. These I would sign as would our current governor." paign office yesterday, Finney said she was discussing her personal beliefs Wednesday. Finney owes many women in Kansas an apology because most rape and incest victims remain silent, Carol Konek, coordinator of Bipartisan Women For Choice, said at the Wichita news conference. "She is surrounded by women who grew up with terrible secrets," Konek said. "She hurts them with her ignorance. She condemns them with her simplistic indifference." Requiring women and girls to bear the children of rapists and relatives "is to join in a conspiracy with those who are not against violence against women," Konek said. "The issues of pay equity and incest have nothing to do with one another. As most people know, incest no knows social, cultural or economic boundaries," said the NOW statement. In Topeka, the Capitol City chapter of the National Organization for Women, which also has endorsed Hayden, issued a news release saying that the organization intends to stand women's issues even though she is a woman. Council seeks to open ROTC dialogue By Karen Park Kansan staff writer University Council voted yesterday to approve an amendment that would ask Chancellor Gene A. Budig to appoint a committee to confront discrimination against homosexuals in ROTC programs. The committee would try to open lines of communication between the Department of Defense and national associations that Budig has been working with to try to change policies or discriminate against homosexuals. The committee would meet with members of Kansas' congressional delegation and national associations, including the National Association of State Universities and Land Grant Colleges and the American Council on Education. The committee membership would be determined by University governance and the chancellor's office. According to the resolution, at least two Council members (equality) will be student member would serve on the committee. Elizabeth Banks, professor of classics, made the motion to amend that portion of the resolution. recommending that ROTC commissioning ceremonies be moved off campus. The council voted to amend a portion of the resolution that would have deferred its May 3 resolution Winter said he was confident the creator symms, reference librarian, said. "We have already recommended this to the chancellor and we are ready to defer what we have already done." The Council also heard comments about the Margin of Excellence from State Sen. Wint Winter Jr., R-Lawrence. Legislature would approve financing for the third year of the Margin during the coming session. The Margin of Excellence was 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. The Legislature financed the first two years, but not the third. Winter said that the Margin was not just a three-year program and that there had to be a continuing effort to improve higher education in the state.