KANSAN University of Kansas Lawrence, Kansas Tuesday, October 28, 1980 Vol. 91, No.47 USPS 650-640 HOPE Award campaigns cause of controversy By DIANE SWANSON Staff Reporter Some HOPE Award finalists and students have expressed concern that the spirit of the awards has been hurt by increased campaigning in this year's selection process. Posters urging seniors to vote for certain professors have been placed on bulletin boards in numerous campus buildings, and ads have been in the University Daily Kansan persons' column. Final voting for the award will be tomorrow and Thursday. Mackeen, Great Bend senior and member of the HOPE Award Committee, said he was a graduate of the University of Michigan. He said the campaigning had become too professional and went against the intent of the HOPE Award, which was to recognize an outstanding professor, not the most popular or well-known. WILLIAM M. BALFOUR, professor of physiology and cell biology and a HOPE nominee, said he appreciated the efforts his team had made but did not agree with the active campaigning. "Students can talk among themselves, but campaigning shouldn't go as far as it has," he said. Balfour said he thought campaigns should have been kept more low key. Balfour has been endorsed in a Kansan personal advertisement. Don W. Green, professor of chemical and petroleum engineering and a HOPE nominee, said he thought there was more advertising this year, "But," he said, "I don't see that as all bad." He said professors who taught larger classes were more likely to win because they knew more students. Campaigning is one way for professors to smaller classes to become better known, he said. ALLAN J. CIGLER, associate professor of political science and a HOPE nominee, also said he thought there were more advertisements than advertisement Whether that is good or bad is debatable, he said. Nominee Loren Porter, assistant professor of business, said the campaigning could be good or bad. "I would feel uncomfortable running my own campaign," he said, "but if students want to let others know they think a professor is good, I don't see anything wrong with that." Bill Venable, Overland Park senior and HOPE Award Committee chairman, said he saw nothing wrong with the campaigning. Nominee Charles W. Chowins, assistant professor of journalism, said he thought the author was one of the world's most intelligent. "It's not the faculty members campaigning but students who are say ing, 'This teacher is really good,' " he said. He said that the awards always had been political in a sense, and that posters did nothing to undermine them. Carnie Nulton, Prairie Village senior and director of sports administration, said he said polio was with him at camp. "It's been a tough year for me." "If you like a teacher, you're free to publicize that. I don't think students are that influenced by it." But Nulton said he did not like the use of Student Senate allocations to pay for the advertising. He was referring to fliers put out by the Engineering Student Council supporting Don W. Green, which were paid for with money allocated to the council by the Senate. Mark Fouts, Anchorage, Alaska, senior and president of the council, said he was unaware until after signs had been posted that Senate Bill 79 would require its waivering to get a candidate's name on the ballot. Bren Abbott, Senate treasurer, said that when he authorized the $13 payment, he did not know exactly how the money was going to be spent. He said they would have to discontinue the flyers council they would have to discontinue the flyers. Fouts said the council members would reimburse the Senate. A group of students escapes from yesterday's rain while waiting inside the entrance to Bailey Hall for a bus. No rain is forecast for today, but the cold temperatures are expected to continue this week. University investments to stay in South Africa Rv ROSE SIMMONS Staff Reporter A meeting between the KU Committee on South Africa and the Kansas University Endowment Association staff Friday will not result in any change in the Association's divisive policy, Todd Seymour, president of the Endowment Association, said yesterday. "We are interested in learning about conditions in South Africa," he said, "but under fiduciary law, we cannot make investments from the standpoint of security and yield." Anita Chan, committee member, said Seymour had been given a detailed description of conditions in South Africa. She said the companies have taken steps that the Endowment Association invested in. aeymour said that even if the Endowment have little effect on the situation in South Africa. "If we invest $8 million in IBM, which has about 1 percent interest in South Africa," he said, "only $30,000 would be invested in South Africa. I don't think sell our interest in IBM would have much effect. If we sold, someone else would buy." SEYMOUR SAID most donors had not in- vented a plan and wanted the Endowment Association direct. Two donors, however, have said that they were concerned with the Association's policy on induction. Carl Leban, donor and associate professor of East Asian studies, called the policy dishonest. "The policy statement doesn't announce the risks of individual dis投资," he said. The policy on divestiture issued in March by the Endowment Association stated that each donor could request that his investments be reinvested into companies in South Africa. The policy further states: "This policy applies to donors . . . so requesting such divestments. This is a just and equitable policy . . . . . . IN A LETTER TO Seymour send in June, Leban said the policy suggested to the public that "limited fund-specific divestiture is an equitable alternative for donors whose consciences are troubled by support of the racist policy in South Africa." Leban said the dishonesty had occurred because the policy required different treatment and decision-making processes for individual investments and merged investments, which could result in less income for the individual investor. Funds entrusted to the Endowment Association are merged into one investment portfolio, Leban. Said money in the merged funds will be managed on the basis of how much each donor invested. Seymour said it was possible for an individual investment to be worse than a merged investment, but he said the divestiture policy was fair. "It allows donors to direct the investment of their funds." he said. "When a donor requests that his funds be taken out of a company, he said, "the donor is asking for money." Seymour said a donor who requested divestiture must tell the Association where his funds should be invested. He said that when a donor asked that his funds be divested, he ended the Endowments' fiduciary or trustee responsibility over the funds. LEBAN SAID THAT if donors assumed responsible involvement, they would end the Endowment Association. "If we tell the Endowment Association where want our funds invested," he said, "we would have to invest." Marjorie Newmark, association professor of biochemistry and an Endowment donor, said she was concerned about the Endowment's in- vestments in Africa. The fund was negotiating for the divestment of her funds. Education funding main subject during candidates' gathering By BILL VOGRIN Staff Reporter Education was the topic and funding the issue during a candidate forum last night in Eudora. About 80 people gathered in the Nottingham Primary School in Eudora to listen to five candidates and a candidate representative The Council. The event was sponsored by the Eudora Board of Education. State Sen. Arnold Berman, Democratic incumbent in the 2nd state Senatorial District, warned that there is "a crisis in education in the state." He also said he would work with in the coming sessions of the Legislature. Berman said the crisis was caused by declining enrollments and resulted in a problem for the Legislature concerning the amount of funding for schools. Two areas where I am concerned are in HIS OPPONENT, Jane Eldredge, a Republican, said she was concerned about the quality of education and the educational process. She also said it bothered her that state funding a education had not increased proportionately with the increase in student costs. funding and the level of education our children are receiving." Eldredge said. "The state budget has in recent years been cut, and it has been in office, but the portion for education has proportionately decreased." Also speaking at the forum were Dan Watkins and Jack Brand, chairman of the Larry Winn reelection committee. Winn and Watkins are ying for the 3rd U.S. Congressional District seat. Education is the argument that has been repeated throughout the campaign in the 2nd District. Berman expounds on the high level of funding and declares that Kansas ranks third in the nation in expenditures per person for education, while Eidredges says funding is insufficient. "Larry Winn's handing at the Tallgrass Prairie National Park proposal epitomized the way Winn has handled legislation in the House," she said. "The proposal after meeting stiff resistance to the bill. Watkins, a Democrat, said that his role as challenger necessitated bringing up Winn's "The park Winn promised was six times larger than ever proposed by National Parks Service." By Walker. See CANDIDATES page 5 Today will be mostly cloudy, windy and cold with a high of 41, according to the KU Weather Service. Winds will be gusty and from the northwest at 15 round skies will be clearing, with a hard freeze likely. Winds will be light and from the northwest. The low will be near 27. Tomorrow through Friday it will be clear to partly cloudy and cool, with highs in the 30s and lows in the 30s. City awaits drug paraphernalia ruling Bv DAN TORCHIA Staff Writer A Kansas Supreme Court ruling on an Overland Park ordinance restricting the sale of drug paraphernalia could have a direct impact on paraphernalia sales in Lawrence will be restricted. The Lawrence City Commission is waiting for the results of the court's decision, which will be announced in November. Arguments are to begin Thursday. The Overland Park ordinance prohibits the display and sale of paraphernalia to minors. Minors cannot have an open view of or access to books, magazines, games, clothes cannot be sold within 500 feet of a school. If the court decides in Overland Park's favor and upholds the ordinance, the commission will try to enact a similar ordinance for Lawrence. MAYOR ED CARTER said he started thinking about a Lawrence paraphernalia law last spring after reading an article about the Overland Park ordinance. In July, the department for a copy of the U.S. Department of Justice's model drug paraphernalia act. The model act is available to cities and states that are considering antiparaphernal legislation. It is broad enough for local governments can adapt it to their own standards. There now are no laws in Lawrence restricting the sale of paraphernalia. Commissioner Barkley Clark said he favored an anti-parasternal ordinance. "I think some kind of legislation is appropriate as long as it is carefully limited. You can become heavy-handed, and it could amount to censorship," he said. Clark said that if the Overland Park ordinance was found to be unconstitutional, the commission probably would not consider similar legislation for Lawrence. Carter said, however, that an unfavorable decision by the court would not alter the commission's stance. COMMISSIONER BOB Schumm said, "I am very much in favor of restricting the sale of paraphernalia to minors, and adults, they have been required by law for judgment. It is a controlled substance like alcohol." "If it is found unconstitutional, we will try to find out why it is and try to make it so it is constitutional," Carter said. "We won't automatically drop it." Schumm said there would be no difficulty passing such an ordinance because most of the commissioners favored it. He also said he had never heard of Lawrence merchants who sell paraphernalia. "I don't think we are looking for anything that restrictive." Schumann said. George Paley, owner of Bokonon Imports Ld and Potion Parlor, 12 E. Ehlst, said the court probably would declare the law unconstitutional because it was too vague. "A cigarette paper can be used for any kind of paper said." A pipe can be used for any number of times. "Our philosophy is that if it is illegal for minors to have accesses," he said. "It is illegal for minors to have accesses." DON FLESHEY, CHAIRMAN OF the DAKS Retail and Trade Cooperative, said the cooperative did not oppose a ban of paraphernalia sales to minors. The cooperative lobbed against the bill because the definitions of paraphernalia were too vague, Fleshey said. However, the cooperative was not opposed to a the cooperative was formed early this year by stores that sold paraphernalia and would be affected by a paraphernalia law that was passed in 1952 of Representatives last spring. Fleshley said. peraphernalia law that would clearly define what was illegal. we are trying to introduce a bill that would limit the sale of paraphernalia to minors." Fleshey said. "All our stores have restricted sales to minors. "There are many people who would want to close us down, but there are too many constitutional safeguards. Self-regulation is a challenge we want to show that we have good intentions." Fleshew would not say how many stores make up the cooperative. DRUG PARAPHERNIALIA has become a controversial issue in Kansas and throughout the country. After the sale of paraphernialia for $467 million, it has been least捷igten the industry in many communities. At odds are the paraphernalia industry, which says the issue concerns its constitutional rights, and community groups, which say the unrestricted sale of paraphernalia encourages drug use by minors. Adult users of paraphernalia, however, probably are not in danger of having their favorite bong or pipe outlawed. According to a report conducted by the National Institute on Drug Abuse, all state and local bills that have totally banned the sale of paraphernalia have been defeated or declared unconstitutional. State and local legislators throughout the country have found that although the restriction of paraphernalia sales to minors is not mandated, it is more than outright bans there are still problems. Two such cases have occurred in Kansas at the state and local levels. The first case is the Overland Park ordinance, which was passed on Sept. 10, 1979. After it was passed, a group of Overland Park merchants was given greater rights to the ordinance. After a district court upheld the ordinance, the Kansas Supreme Court agreed to hear the case. Anthony J. Cardarella, owner of Tiger's See PARAPHERNALIA page 3