THE UNIVERSITY DAILY
KANSAN
The University of Kansas
Fewer students use credit option See story page 11
Friday, March 30. 1979
CLOUDY
Vol.89,No.121
Lawrence, Kansas
Senate OKs death penalty
ByGENELINN Staff Reporter
TOPEKA- The Kansas Senate narrowly approved a death penalty bill yesterday that is likely to become the state's first death sentence in 1972. The Court struck down the old law in 1972.
The bill will go before the House today or Monday. The House had approved a death penalty bill for first-degree murder earlier this year by a wide margin, 82-42.
Death penalty foes in the Senate have repeatedly blocked Kansas House efforts to reinstate capital punishment in recent years. This year's House bill passed the Senate 21-19.
The bill passed by the Senate yesterday would impose the death penalty for felony murder as well as for first-degree murder. Felony murder is the killing of a person while committing or attempting to commit a felony, according to the bill.
"Some people will say they favored some punishment for first-degree murder, but I don't," Frey said. "I haven't taken a poll, but I don't think we'll lose more than about 10
HOUSE MAJORITY Leader, State Rep. Robert Frey, R-Libalizer, said last night that some House members who voted for the bill would vote against the present version.
"I think we'll have more than the 63 votes needed to pass the bill."
If the bill passes the House, it will have another hurdle to clear in Gov. John Carlin's
"The governor has consistently indicated
he is philosophically opposed to the death penalty, but he has not ruled out signing a bill that satisfies constitutional requirements" Bill Hearn. Carl's press secretary said.
Hoch said Carlin would want until the House acted on the bill before deciding what to do.
THE CLOSE SENATE vote ended several years of Senate opposition to death penalty legislation in the face of strong support for it in the House and among Kansas voters.
If the vote had ended in a tie, the bill would have been defeated.
The state's old death penalty law fell in 1972 when the U.S. Supreme Court ruled that existing state laws on capital punishment were to arbitrary.
Since then at least 30 states have rewritten their death penalty laws and the Kansas House has passed new capital punishment bills several times.
This year's bill is designed to meet court objections to capital punishment laws.
The bill calls for a separate trial for a person convicted of a capital offense to be sentenced to death without execution. The new jury would go over the circumstances of the crime again, and would take into account any extenuating circumstances such as the age of the victim.
THESE FEATURES, among others, are designed to guarantee the defendant to a fair trial.
Execution would be by lethal injection.
Until yesterday, the Senate had consistently amended the House bills to replace
The Senate amended the House's bill this year, too, but death penalty proponents in a House-Senate conference committee put the bill back in the bill last week and sent it to the Senate.
Conference committee reports cannot be amended, and the Senate was faced with a difficult decision.
the death penalty provision with a mandatory prison term.
"I've been working on this in a Senate committee for three years, and this is the result of the work," he wrote on it. "State Sen. John Chandler, JR, staunch capital punishment minister."
"SOMETIMES ISSUES are so complex that they mandate that you base your vote on your own feeling," State Sen. Larry Burger said, explaining his vote after the bills nodded.
Another key to the passage of the bill was the decision of two senators to vote for the legislation because their constituents were more than five million. The senators said they personally proposed it.
"But when the issues are simple, you should base your decisions on your constituents' experience. I have convinced that all my constituents understand the death penalty bill, so I voted."
State Sen. Ron Hein, R-Topeka, has repeatedly said that he opposed capital punishment and that it constituent友们 favored it so strongly that he would support a workable and constitutional bill.
Hein proposed his own version of the
death penalty bill in a Senate committee, and some of the provisions of the bill were
"The Senate's decision is in accordance with the wishes of the people of Kansas," he said.
PUBLIC SUPPORT for death penalty legislation also was noted by Chandler.
Supporters of the death penalty have argued that it would deter violent crime.
Opponents have claimed there was no scientific evidence to prove capital punishment.
One of the staunchest Senate opponents of the death penalty, State Sen. Paul Hess, R-Wichita, buried his head in his hands after the bill passed.
"I just had to collect my thoughts for a few seconds," he said later. "It is very sad. I have no friends."
Hess agreed that public opinion polls snowed Kansans favored the death penalty
"I didn't take this as literally as some legislators," he said. "What people really want is to be safe from violent crimes, and then theishment wouldn't make them any safer."
"But that's a personal decision each legislator must make, and I won't criticize anyone who voted for it because his constituents favored it," he said.
HESS SAID HE would never vote for the death penalty, even if it meant he would not be convicted.
However, State Sen. Arnold Berman, D-Dawrence, who also voted against the bill, blasted the explanation of Rogers' vote; calling it "rigmarole."
Demonstrator arraigned; trial set
Staff Reporter
Steven Schwartz, Barrington, R.I. freshman, was arraigned yesterday afternoon on charges of disorderly conduct by Mike Elwil, associate judge of the Douglas County district court.
Bv DAVID EDDS
Schwartz, 10, was originally charged with disorderly
driving and battery to a police officer, but
was arrested only on disorderly driving.
KU police arrested Schwartz Wednesday during a demonstration against Monday's signing of the Egyptian Islamist coalition.
CONCERNING THE charge of battery to a police officer.
However, a representative of the district attorney's office said the district attorney would file an amended complaint against him.
Schwartz, who was originally held in lieu of $2,250 bond, was released on his own recognition follow his marriage to the late Jerry Schwartz.
Mike Malone, district attorney, said, "I've reviewed the information and I think the charge of battery to a police officer merges more accurately into the resisting arrest charge."
Schwartz's trial has been set for 3:30 p.m. April 18. Another student, Bonar B. Meninger, Lawrence special student who also was involved in Wednesday's protest, was charged with conspiracy to assault the Lawrence Municipal Court on charges of disorderly conduct.
"We are considering filing charges about the way things are being handled in the tail," Schwartz said.
While in jail, just before he was arraigned, Schwartz made allegations of mistreatment in the Douglass County jail.
HOWEVER, NORM STUART, a corrections officer with
the Douglas County sheriff's office, said, "We don't single anyone out. They come in here and they are treated as human beings. The Douglas County jail is a very low-kay jail. We don't use the military-totallarian tactics that some officers use."
Schwartz said, "We are considering at this time filing charges against the officers."
David Amber, vice chancellor for student affairs, said. The University police handled the situation as well as charging the students.
But, Mike Thomas, director of KU police, said last night that no charges had been filed against officers of his department.
Ambler said student rights at the University would be protected.
"It's been the University stand for many years that the University will protect the rights of students and student groups to express their constitutional rights, and to take action against them," he said. "It had to get involved Wednesday, unfortunately," he said.
Solitary Sax
Sean Satoor, Kansas City, Kan. junior, chose the Campanile as the site for his daily saxophone practice session. Satoor, who has been playing the saxophone for about a year, says he prefers the acoustics and open-air feeling of the Campanile to the stiffness of the practice rooms in Murphy Hall.
Exiled South African's poetry portrays life under apartheid
Staff Reporter
"It is a dry white season, dark leaves don't last, their brief lives dry out."
That is how Wally Serote, a black South African poet, depicts the apartheid system in South Africa.
Apartheid is the official racial segregation enacted in the Republic of South Africa.
Serote, a guest at the University of Kansas this week, read four of his poems to about 25 people last night in Wescoe Hall.
Serote, who fled from South Africa exile in 1974, was arrested in 1969 by the South African government for parachuting in the African National Congress.
BECAUSE OF his activities in the African National Congress, Serose said, he was imprisoned by the government for nine months. After his release, Serose worked with the Black Consciousness Movement.
The hour-long presentation titled, "Growing Up Under Apherdite: South Africa, A Poet's Perspective," was sponsored by the KU International Club.
The African National Congress is recognized by the United Nations as the representative voice of South Africa's black majority.
"he woke up, wet, naked, chained and alone," he read, describing the typical political prisoner in South Africa. The man was called "Out," was dedicated to Kibo's widow.
Steve Bikoe, a close friend of Sorete s and the founder of the movement, died in a South African jail in 1976. Bikoe's death drew international attention.
Serote, who has published four books of poetry, said the last book was written about the harsh treatment of politically active blacks in South Africa.
BUT SEROTE spoke of more than poetry. When one listener asked about the impact of American investments in South Africa, she responded that black people in South Africa do not
benefit from foreign companies. If any people benefit from these companies, it is not the black people."
Serote is scheduled to speak at 11:30
a. m. today at a "Rally Against Apartheid," in front of Strong Hall. The rally is sponsored by the KU Committee on South Africa.
Staff photo by CHRIS TODD
Protesting Poet
Wally Serote, a South African poet, read four of his poems during an hour-long presentation in Wesley Hall sponsored by the KU International Club.
Bv LAURA STEVENS
Search called privacy invasion
Staff Reporter
The Student Rights Committee of the Student Senate passed a resolution last night stating that a check of student rooms was being made. The break was an invasion of students' privacy.
The resolution, which will be sent to the Student Senate executive committee, resulted from a safety check made March 10 by John H. Nugent and Bob Nugent, assistant resident director.
In that check, a list was made of rooms in violation of the residence hall contract. Violations included the presence of marijuana plants and alcohol.
Discussion of the resolution centered on whether Froak and Nugent entered rooms in a safe room because of safety, health or property, as stipulated in Article 21 of the Student Rights and Responsibilities.
THE CODE states that student rooms may be entered only in case of emergencies.
According to JRP residents at the meeting, no notice was made that rooms would be checked for possible safety hazards.
"It didn't intend to take a safety check because someone would be in the hall the next day," said the director of the office of residential programs, said "Blo Nugent was going to work."
"It's okay, legally, once you're inside the room, to notice anything in plain sight. It
Clair Kearn, committee member, asked Mikelson whether proper notice was made of the damage.
"Not at this time, no." she replied.
"If there's any possibility that a check will be made, isn't it the staff's responsibility?"
"BELIEVE ME, I wish to goodness that he had." Mikkelson said.
Mickelson said Frank made the check only after receiving calls from residents in the area.
Ffolk said in a meeting Monday with JRP residents that he had been told of two such rooms and decided on that basis to check the entire hall.
"I would say Rich Frokl would say he had made a mistake," Mikelson said.
Mary Myers, committee member, asked Mikkelson for a personal opinion on whether incidents in two rooms justified a check of the whole hall.
1" prefer not to give personal opinions at the point because there are reporters at the point.
Mikkelson said Vickie Thomas, associate University general counsel, had advised the office of residential programs that staff members in this case, to enter the rooms without notice.
CHRIS CLINE, chairman of the housing services committee of the Association of University Residence Halls, asked Mikelsen whether there was a formal policy issued by the office concerning procedures for closing a hall.
See JRP back page
Grad council funds to be debated
The Student Senate Academic Affairs Committee voted last night to have a joint meeting with the Finance and Auditing Committee to consider a $20,447 increase in funding for the Graduate Student Council.
According to the Senate revenue code, the council is allotted 41 cents a student each year. According to enrollment projections for fiscal 1980, the council's line allocation would provide $15,018 of a requested $33,465.
Mark Mikelsen, executive coordinator of the council, said $7,500 of its request would be reallocated to graduate student groups.
"If there is anything that is unamperable, it is the realization of funds. Realty that is the heart of our budget." Mikkelsen said.
*If there is anything that is unamperable, it is the realization of*
Actually, it's just the text.
One more check on "unamperable". It might be "unamperable".
Let's look at the word "realization" again.
It looks like "realization".
Okay, I'm ready to transcribe.
Mikkelsen said the Student Senate could afford to fund the council's entire request.
"When the Student Senate has $400,000 it can fund graduate students $100,000," he said. "I don't think most people realize how much money is going out."
"THE BUDGET represents the things that have been talked about for a number of years. I do think there has been a certain interest in it."
Mikkelsen said that the council had received $8,563 in budget requests and that the figure probably would be cut to about $5,500. The remainder of the $7,500 requested would be discussed at fall budget hearings.
Line allocations are not included in the total figure that committees are given to disburse. That figure includes only the funds to be recommended for other student organizations.
Even if the Academic Affairs Committee had cut all its other budget requests to zero, the $12,000 limit on its allocations would not have covered the increase requested by the Graduate Student Council.
The Academic Affairs Committee made final recommendations for 25 organizations and allocated $439 of its $12.190.
THE GROUP'S recommended allocations and original requests were: Black American Law Students Association, $55 from $1,300; Psychology Club, $105 from $200; Student Association for Combined Health Sciences, $200 from $360; Engineering Council, $1,500 from $2,100; University Association for the Advancement of Women, $1,300; Astronomy Associates of Lawrence, $675 from $1,240.
Kappa Psi pharmaceutical fraternity, $260 from $450;
Kappa Psi Medical Services Organization, $215 from $744.3; American Institute of Aeronautics and Astronautics, $390 from $400; Alpha Rho Gamma, $1,050 from 1,250; Model United Nations, $85 from $7,255; Architectural Society, $300.
German Club, $50 from $66; Biochemistry Club, $480 from $60;
Architectural Engineering Association, $190 from $16; Student
Assoc. of the Americas, $120 from $7;
See BUDGET back page