THE UNIVERSITY DAILY KANSAN
PUBLISHED SINCE 1889 BY THE STUDENTS OF THE UNIVERSITY OF KANSAS
THURSDAY, APRIL 27,1989
(USPS 650-640)
VOL. 99, NO.139
Firefighters finish ventilating a mobile home fire
Trailer destroyed by fire; no one is hurt in the blaze
by a Kansan reporter
P18 Gasight Village is no longer a home, but a burned-out husk of a trailer
"I guess seven minutes is all it takes," said Rebecca Bryant, a firefighter who started last night about 6:30. Firefighters extinguished the
Janine Swiatkowski/KANSAN
blaze about 6:45
Fire officials said they were unsure yet of the cause of the fire or the estimate of the damage.
motorcycles responded to the fire at the trailer park. Pumper trucks had to provide water because the area had no fire hydrants.
No one was hurt in the blaze, said R.E. Fox, Lawrence police officer.
A Lawrence firefighter checks the air flow from a fan, used to direct the smoke out of the burned trailer.
"Of course we're worried," said Amy Grigsby, another neighbor who lived just a few trailers south on the street. That's scary on these streets. That's scary.
Four fire trucks, an ambulance two police cars and two police
Finance co-chair resigns to protest appointments
Kansan staff writer
bv Stan Diel
The old Student Senate left quietly, and the new entered with a bang last night at a joint session as B. Jake White's executive authority was challenged in his first act as student body president.
resigned in protest of the Senate's approval of two of the candidates.
During the meeting, a motion to close the proceeding to the public and the press was made and withdrawn, a two-hour floor fight ended with the approval of the committee heads, and Finance Committee co-chairman Paul Leader
The appointments of Christine Stanek, St. Charles, Mo., junior as Student Executive Council chairman; and Bill Moseley, Lawrence sophomore, as associated Students of Kansas chairman; and David O'Connor, opposition Both appointments were approved after the debate.
Leader said he thought the appointments were made as political favors.
"It is my firm belief that some of these appointments are politically
motivated and that the administration refused to consider the actual qualifications of some of the applicants." Leader said. "As a result, I cannot good conscience serve this particular administration."
James Muir, Overland Park graduate senator, agreed.
"Tonight I get the feeling that something is being hidden." Murr said. "I cannot make a decision on how to prove that, without knowing their qualifications."
mg user qualifications. Jeff Morris, student body vice president, denied the allegations.
"I take personal offense to the idea that this was a corruption promise
this was a campaign promise. . . Everyone who applied was qualified," he said.
Moseley and Stanek responded to the allegations, saying they were qualified.
The appointment of Carl Damon,
Prairie Village junior, as treasurer,
and Darin Brummett, Merriam
sophomore, as administrative assist-
ant, were overwhelmingly
approved.
Senate will not be a body that rubber stamps legislation. White said.
"I have been very successful in ASK," Moseley said. "If I didn't think I could do this job, I never would have applied."
White said that the debate concerning his appointments showed that accusations that Common Cause lacked diversity were not true.
In other business, Brook Menees,
former student body president, and
other former Senate officials
attended their final meeting and
commented on the successes and
failures of their Senate term.
Lucy dies in hospital at age 77
The Associated Press
LOS ANGELES — Lucille Ball, the zany redhead who reigned for more than 20 years as the queen of television comedy, died yesterday, a week after undergoing emergency heart surgery. She was 77.
The star of "I Love Lucy" and similar situation comedies that continue in syndication around the world died of cardiac arrest at Cedars-Sinai Medical Center, said hospital spokesman Ronald Wise.
auss Ball, who had a heart attack and throat surgery in 1988, under surgery at Cedars-Sinai to replace her aorta and aortic valve April 11 and have out of time even walking around the room in recent days.
Miss Ball and her late later husband, Cuban bandleader Desi Arnaz, starred from 1951 to 1957 as Lacy and Rickey Ricardo in "I Love Laura" (1964) and as the bandleader and William Frawley played their neighbors Frawley and Efuel Mertz.
The actress was last seen on television introducing the "Young Hollywood" production number with Bob Hope at the 61st Academy Awards ceremony. March 29, receiving a standing ovation. Looking svelte for her years in a fashionable slit skirt, she seemed to be in good health and laughed freely throughout a brief routine with Hope.
Miss Ball was born Aug. 6, 1911, in Jamestown, N.Y., the daughter of an electrician and a concert pianist.
Her ads for Chesterfield cigarettes caught the attention of Hollywood; and in 1983, she was off to California. As a blonde he loved them at Room Service," with Fred Astaire in "Follow the Fleet" and with Katharine Hepburn and Ginger Rogers in "Stage Door." In all, she appeared more than 75
In 1940, with her tresses the fiery trademark red, Miss Ball met Arnaz, a rumba star. They married within six months.
More than 10 million of the nation's 15 million television sets switched to "Luey," and some of her anties became comedy classics.
The show also revolutionized television sitcom production in the days before videotape. It was filmed in advance before a movie had been taken, three cameras instead of the traditional one used for motion pictures.
Senate OKs highway plan, but legislation fails in House
by John P. Milburn
Kansan staff writer
TOPEKA — House members last night voted 63
61 to send the comprehensive highway program
back to conference committee for a third time.
A few hours earlier, the Senate approved the $2.56 billion program 21-17. The new conference committee will have three days to put together an impromise before the 1989 session ends this week.
Passage of the bill received little vocal opposition in the Senate. Debate was limited to the issues of an increased sales tax and any increase in the sales tax 0.25 percent and would authorize $1.1 billion in bonds.
The only responsible way to put together a
program of this size is to do it with bonding," said State Sen. Rick Rich, D-Akansas City.
He said it was no longer possible for the state to have a pay-as-you-go program, which could be supported by user fees.
"We're shifting the burden to the little man," he said.
State Sen, Jack Steinerger, D-Kansas City, said fuel insurance tax increases will lower lower-incumbency rates.
Horace Edwards, secretary of transportation, emerged from the Senate optimistic that the House would pass the program. He remained optimistic about it, even though the public purpose for sending the bill back to committee.
'Of course, the Legislature must act in its
--wisdom," he said. "All things are possible, but it is not a good message."
house action began as one by one, members made their way to the podium to present their views on the bill.
v184 to the Rep. Debert Gross, D-Hays, said the Senate had inflated the bill to a position where the House either must pass it or go home with the job unfinished.
Gross said that dialogue must be kept open between them and that eventually something be worked out.
See LEGISLATORS, p. 6, col. 1
Lawyer protects minors from searches
by Steven Wolcott
A Lawrence attorney says he has developed a defense against what he calls illegal searches and seizures by law enforcement or under drinkers
Kansan staff writer
"Ive used the defense 15 to 20 times," said Donald Strole, the attorney. "Except for one time, the cases were dismissed before they went to trial."
He said the one exception was dismissed during the trial.
Stroke's defense hinges on whether a police officer's opinion of who looks younger than 21 is enough evidence to satisfy the suspicion of a crime requirement, which allows officers to detain suspects.
in most cases
A brief or motion is a written statement prepared by an attorney arguing a case in court. It contains
Stroke said that several factors led to the dismissals but that the brief he filed had probably influenced things in most cases. ...
Mark Knight, assistant district attorney, agreed with Strole that several factors led to a dismissal of an underage drinking case.
Knight said that many underage drinking citations were given and that it was possible that Strole's arguments had influenced some people to drink. He was aware of any cases where that had been the main reason for dismissal.
summary of the facts of the case, the pertinent laws and an argument of how the law applies to the facts supporting the attorney's position.
"There is no blanket answer yes or no in every single situation," Knight said. "It's a case-by-case analysis by the courts."
Stroke's client, Abbey J. Bernstein,
19. Winnella K., sophomore, was arrested and charged with being a minor in possession of alcohol on
In his latest case, Strole presented the pre-trial motion Monday.
According to Strole's brief, Bernstein had been at The Free State Brewery, 60 Massachusetts St., and was holding a glass of beer in her hand when she was approached by undercover Lawrence police officers Dan Ward and Susan Auer.
The officers asked Bernstein and another women if they had IDs. When both women said no, the officers confiscated the beer and took the women outside to the police car, where Bernstein was arrested. ID Bernstein she did not have ID and Auer frisked her. Bernstein did not have ID
Strole contends that the police officers' actions constituted an illegal search and seizure.
"When my client said she didn't have an ID, the officers should have stopped and not bothered her further." Strohe said. "The case law is clear that they can't proceed further without suspicion of a crime, which they don't have because they didn't have any evidence.
"When people ask me what to do
when someone confronts them and asks for an ID, I tell them to just leave the bar because they cannot be "forced to answer."
He said that according to Auer's report, the officers had approached the women because they appeared to be younger than 21.
His brief states that the officers did not have an objective reason why they thought Bernstein and the other woman were underage.
"There is nothing to distinguish my client from a person who is 21 than an officer's subjective opinion," Strole said. "Now if you had someone in there who was 10 to 15 years old, I think the court would say the officer
He cited the Supreme Court case of Terry v. Ohio, in which Chief Justice Earl Warren stated that the reasonableness of a search and seizure must be judged against an object, not, "an 'inarticulate bunch.'"
See PLAN, p. 6, col. 4
Supreme Court takes up Missouri abortion rules
The Associated Press
WASHINGTON — In a long-awaited courtroom showdown, abortion opponents led by the Bush administration yesterday urged the Supreme Court to overturn its landmark 1973 ruling in Roe v. Wade that women have a constitutional right to end their pregnancies.
the justices do not necessarily have to reconsider Roe v. Wade in resolving the Missouri dispute. They are expected to announce their ruling
Missouri Attorney General William Webster urged the court to restore the state's abortion regulations even if it does not reverse the broader
by jury.
Even if the court rules narrowly on the Missouri abortion regulations, the decision will be viewed as -
Outside, police arrested 27 abortion-rights activists among a noisy crowd of people demonstrating on both sides of the issue. Those arrested were charged with crossing a police line.
barometer of the current justices commitment to the 16-year-old ruling.
A federal appeals court, relying on Roe v. Wade, struck down five provisions of the Missouri law as unconstitutional.
The court said that states might interfere in the abortion decision during the second trimester only to protect the woman's health and may take steps to protect fetal life only in the third trimester. Recent question advances have called into question the cutoff points in the decision.
In Roe y. Wade, the court said that a woman's decision to have an abortion during the first three months of pregnancy must be left to her
in an attempt to sway the justices,
Americans in record numbers have been writing and telephoning the court. Tens of thousands of letters arrive each day, and the court's two switchboards have been so flooded with calls that a rarely used third board was activated.
Senate approves expansion of Kansas prisons, programs
Kansan staff writer
bv Rias Mohamed
TOPEKA — The Senate yesterday approved a $7.2 million proposal to expand prisons after supporters urged members to comply with a federal judge's order calling for an end to prison overcrowding.
The bill provides for a $88.7 million, 786-bed maximum-security prison and a $14.5 million hospital with 256 new beds for mentally ill inmates
The bill will go to a conference committee because the House on
April 1 approved a different proposal that allocated $11 million for expansion of existing prisons. The committee also approved plans to send seminars and three representatives.
The approval came after a debate during which Sen. Wint Winter Jr., R-Lawrence, referred to U.S. District Court Judge Richard Guest theSenior members to keep the court's mandate uppermost in mind.
See SENATE, p. 6, col. 4