THE UNIVERSITY DAILY KANSAN
PUBLISHED SINCE 1889 BY THE STUDENTS OF THE UNIVERSITY OF KANSAS
(USPS 650-640)
THURSDAY, FEBRUARY 23, 1989
Policeman faces 3 more charges
by Angela Clark Kansan staff writer
A KU police officer charged with possession of marijuana was arrested yesterday morning in Lawrence, charged with two felonies and a misdemeanor in connection with the case.
James Michael Hough was arrested in Douglas County at 12:02 a.m. yesterday on a warrant, according to the Douglas County jail log.
The warrant originated in the Osage County district attorney's office. It charges Hough with butt injury and aggravated intimidation of a witness.
Cheryl Stewart, Osage County district attorney, said that the arrest was related to a Feb. 8 charge of marijuana possession. The battery and intimidation charges stem from stress involved in the case, she said.
The battery is a misdemeanor, but the felonies of conspiracy and aggrated intimidation are punishable by up to five years each, Stewart said.
She said that Hough was transported to the Osage County Jail and was waiting for his bond hearing. He is being held on $30,000 bond.
Sgt. Schuyler Bailey, KU police spokesman, said, "We know of the new developments, and Hough is still suspended with pay from the force."
Hough had been an Osage County sheriff's deputy before joining the KU police force in April.
Hough and four other law enforcement officers were charged with marijuana possession Feb. 8. The next week, they stood mute in a Lyndon courtroom, and the judge entered a not guilty plea for them.
Two of the men. David C. Linton and Jeffrey W. Crocker, are Osage County sheriff's deputies. Ryan P. Smith is a Lyndon police officer and Jerald P. Schecher is a state game agent.
The trial for Hough's possession charge will begin April 5. Smith is scheduled to appear April 13; the other attorneys are scheduled to appear April 19.
Panel gets outline for Regents Center
Sampling home-grown sprouts are Tom Allison, Hutchinson senior, and Milene Fernandez, Kansas City, Kan., senior.
KU officials try alleviating doubts about the project
by Candy Niemann Kansan staff writer
TOPEKA — KU officials presented architectural plans for the new Regents Center to a legislative committee. The committee asked questions raged by legislators.
The presentation was requested by the Legislature's Joint Committee on Building Construction, which may meet for a session, for scheduling for the center as early as Monday.
memorandum he had seen on plans for additions to the center. The proposed additions are known as phase two construction. Webb said he had reservations about the possibility of the Board of Regents asking the Legislature for more construction money for the center in the future.
If the committee approves the plans, the proposal will go to the House Appropriations Committee to Institute Ways and Means Committees.
But Martin Rein, KU associate director of business affairs, said phase two plans had existed only in the early stages of the project and had been dropped.
The plans call for a building on 15 acres of land at 127th Street and Quivra Park in Overland Park. The building would serve as a center for the park.
VOL. 99, NO. 99
Gov. Mike Hayden has recommended that the Legislature appropriate $2 million for the center, with an additional $4 million being raised
Allen Wiechert, director of facilities planning, said, "We have no plans to build another campus."
However, 35 acres of land has been donated for the center; the building will cover 15 acres. Wiechert said the additional 20 acres would be open space, but could be used for additions in the future if there were a need.
State Rep, Darrel Webb, D-Wichita, expressed concern about a
State Rep. Phil Kline R-Overland Park, said, "I don't want to sound biased, but that is a pretty good price. I'm not trying to build a palace here."
The plans call for the Regents Center to be 52,700 square feet; each square foot would cost $77 to build.
"But there are no current phase two plans," he said.
But State Sen. Jerry Karr, D-Emporia, said he didn't think the project was that much of a bargain.
See PANEL, p. 2, col. 5
Taste test
Home-grown sprouts mixed with fresh fruit was one of several vegetarian dishes demonstrated by members of the Campus Vegetarian Society at a vegetarian cooking class last night at the Ecumenical Christian Ministries building. Other dishes included lentil soup and yogurt.
A variety of grains, seeds and beans can be used for sprouting, including lentil, wheat, cabbage and alfalfa. Wrapped in cheese-cloth or a T-shirt, they are soaked overnight in water, which causes expansion. In the morning, the water is drained and a nutritious snack is left.
Justices in favor of state
The Associated Press
WASHINGTON — The Supreme Court, ruling against a child who suffered brain damage from repeated beats by his father, said yesterday that states generally could not be sued even if they had negligently failed to shield people from abuse by others.
The 6.3 decision said public officials had no constitutional duty to protect those who were not in state custody. The court said that there was no legal recourse even in the "undeniably tragic" case where officials were aware of the beatings but did not intervene.
The court killed a lawsuit in behalf of Joshua DeShaney, a Wisconsin boy who since age 4 has been profoundly retarded and is expected to remain institutionalized for the rest of his life.
Child welfare officials and the state were sued by Joshua's mother, Melody DeShaney, on grounds $^\circ$ of murder of liberty without due process.
But Chief Justice William H. Rehquist, writing for the court, said, "Nothing in the language of the due process clause itself requires the state to protect the life, liberty and property of a person against invasion by private actors."
"Because the state had not constituted duty to protect Joshua against his father's violence, its failure to do so — though calamitous in simply does not constitute a violation of the due process clause," he said.
In an unusually emotional dissent, Justice Harry A. Blackmun exclaimed, "Poor Joshua! It is a sad commentary upon American life and constitutional principles," that this child, Joshua DeShaney, now is assigned to live out the remainder of his life profoundly retarded" and without an opportunity to sue the state.
Blackman accused the court of sterile formalism for failing to grant Joshua and his mother an opportunity to seek damages from the state.
Justices William J. Brennan and Thurgood Marshall also dissented.
Breman said, "My disagreement with the court arises from its failure to see that maction can be every bit as abusive of power as action, that oppression can result when a state executes a vital duty and then ignores it."
Rehquist rejected arguments that the state had a duty to protect Joshua because it had given him shelter once he was suspected of being abused.
Chapman wins three Grammys
The Associated Press
LOS ANGELES — Singer-songwriter Tracy Chapman, a shy newcomer to the recording industry, won three Grammy awards last night for her debut LP, and song stylist Bobby McFernan's "Don't Worry. Be Happy" won him best pop male vocal and song of the year.
Chapman won the award for best female pop vocalist for her No. 1 single "Fast Car," which tells of a high school dropout who supports her alcoholic father and wants to escape her misery via a fast car driven by her uncle, whom she also awarded awards for best new and best contemporary folk recording for her album "Tracy Chapman."
McFerrin, who performed at the ceremonies as "the Grammy Symphony Orchestra," had five nominations. He demonstrated his vocal protechines in accepting the award for the year's best song.
MeFerrin, already a Grammy veteran with five awards, was nominated for best song, record and pop male vocal for "Don't Worry. Be Happy." his No 1 single MeFerrin, who uses the name of the female body, also was nominated for best male jazz vocal performance for the song "Brothers."
The National Academy of Recording Arts and Sciences' award show had 76 categories.
Beer sales on Sundays
States surrounding Kansas each have different laws concerning the sale of cale malt beverages on Sundays from grocery stores. Kansas does not allow such sales. However, Kansas does allow residents to buy beer, wine and spirits by the drink on Sundays without any local regulation in Class A and Class B private clubs.
Nebraska law allows each establishment to make a determination on what products may be sold at what time. Options include beer only by the package in grocery stores, or beer and wine, or beer, wine and spirits.
How our neighbors sell it:
In Missouri cereal malt beverages are sold on Sundays by the package in grocery stores holding special licenses.
Colorado allows
the sale of cereal
malt beverages
for off-premiere
consumption
seven days a
week from 5
A.M. to midnight.
Source: Karnas Beer Wholesalers Assoc
Okihoma law provides for the sale of cereal malt beverages by the package for off-premise consumption seven days a week, 24 hours a day.
Dave Eames/KANSAN
Sunday 6-packs brewing
by Alan Morgan
Kansan staff writer
TOPEKA — Kansas may be able to buy beer from grocery and convenience stores on Sundays if a Senate bill is approved.
The Senate Federal and State Affairs Committee heard testimony yesterday concerning Sunday sales of beer to be taken home.
Kansas law allows the consumption of alcohol on Sunday in establishments that obtain at least 30 percent of their gross receipts from the sale of food. The new bill would allow customers to purchase 3.2 percent alcoholic beverages and take them from the premises.
the proposed bill would not apply to liquor stores. They could not open on Sundays.
Neal Whitaker, executive director of Kansas Beer Wholesalers Association, testified that the bill would give local governments in Kansas the authority to permit the sale of alcohols but would not make it mandatory.
"Only those areas of the state that want Sunday sales by the package of cereal malt beverages will have that right," Whitaker said. "What's wrong with allowing a customer the right to purchase a six-pack at his
See SENATE, p. 6, col. 5
bv Rias Mohamed
Liquor merchants want part of possible Sunday beer sales
Kansan staff writer
If the bill allowing Sunday beer sales by grocery and convenience stores is approved, retail liquor store owners would want the bill amended to include them, the president of a dealer dealers association said yesterday.
"We want to be treated equally."
"We are not petitioning the Legislature on our own to sell our products on Sundays. But if the Sunday beer sales bill comes out of the committee, then we will amend it so that we can sell our beer on Sunday," said Pat Oppitt, president of the Kansas Retail Liquor Dealers Association.
The new bill, if passed, would not allow liquor store owners to sell 3.2 percent beer on Sundays.
Joan Anderson, owner of Anderson Retail Liquor, 1906 Massachusetts St., said that grocery stores already sold a variety of merchandise and that they did not need the Sunday beer sales for their business.
"We want to be treated equally. The Senate Federal and State Assembly is celebrating yesterday concerning Sunday sales of beer to be taken home.
"They sell everything from videos to popper to Cokes, Anderson said "They have their fair share; they don't need our share.
"The whole thing is wrong and shouldn't be done. A lot of liquor store owners would be out of business if grocery stores get hold of our
The new bill, if passed, would not allow liquor store owners to sell 3.2 percent beer on Sundays.
Kenneth Keeter, director of advertising and public relations for Dillon Stores division of Kansas, said, "I really don't have the background of this legislation. We already sell beer, and I suppose Sunday is just an extension. It's not that we are derailing our new category of merchandise."
Grocery stores are committed to their customers to provide a variety of merchandise, and beer has to be a part of that. he said.
"our involvement in the issue is to provide that service or that convenience or that merchandise," he said.
Bob Carl, owner of Kwik Shop, 1714 W 23rd St., said that bear shop on Sundays would be minimal but that store would have an opportunity to buy bear on Sundays.
The liquor store owners have some valid points, he said, but there are pros and cons to everything.
Liquor store owners now sell beer under the Alcoholic Beverage Division rules, but grocery stores have not. The department oversees under local police department rules.
A bill that would allow grocery stores and convenience stores to sell 5.0 percent beer will be discussed today.