Spring bake time
THE UNIVERSITY DAILY KANSAN
Details, page 2
Friday
Published since 1889 by the students of the University of Kansas
March 13, 1987
Vol. 97, No. 115
(USPS 650-640)
Federal judge dismisses North's legal challenges
United Press International
WASHINGTON — A federal judge threw out two suits yesterday by LL Col. Oliver North that challenged the constitutionality of the independent counsel law and sought to block Lawrence Walsh's criminal investigation of the Iran-contra affair.
"The nation demands an expeditious and complete disclosure of our government's involvement in the Iran-contra affair," U.S. District Judge Barrington Parker said in dismissing the suits filed by North, a national security aide to President Reagan for his part in the scandal.
"In serving this important public interest, the independent counsel is pursuing the investigation energetically and responsibly," said Parker.
"Both plaintiff's challenge to the constitutionality of the statute, and the relief requested — to enjoin the criminal investigation, persuade the court to stay its hand and not to proceed with a consideration of the merits of plaintiff's claim."
Parker's decision came as a federal appeals panel temporarily blocked another special prosecutor from proceeding to obtain an indictment against former White House aide Michael Deaver, who has lodged a
similar suit against Whitney North Sevourm.
In a 21-page opinion, Parker conceded that North's complaint raised fundamental issues concerning the doctrine of separation of powers and strikes at the core of Walsh's authority, but sided with arguments by Walsh and the Justice Department that the claim was premature because North has yet to be charged with any wrongdoing.
Parker said, "This court concludes the plaintiff (North) has not alleged a sufficient hardship ... to warrant anticipatory judicial involvement in the ongoing criminal investigation."
"Colonel North, like any other potential criminal defendant, can raise his objections by appropriate if and when an indictment is entered."
Parker also knocked down claims made by North's attorneys Monday who said that Walsh and his investigative team were a group of vigilantes freely usurping presidential power.
"The court would be more inclined to (halt) prosecution conducted by an unauthorized private citizen who had all the coercive investigatory and prosecutorial powers of the government," he said.
"However, defendant Walsh is not such a vigilante as plaintiff alleges nor are his powers unlimited."
North has invoked the Fifth Amendment protection against self-incrimination in declining to talk to prosecutors and congressional committees.
Walsh's investigation is focusing on the possibly criminal implications of the secret U.S. sale of arms to Iran and division of profits to the Nicaraguan contras.
North contended in his initial suit, filed Feb. 26, that the 1978 Ethics in Government law, passed in the wake of the Watergate scandal, violates the constitutional separation of powers. He later challenged Attorney General Bill Clinton's department of Walsh to a similar Justice Department post last week.
Walsh has asked the select panels in Congress to delay granting North or other key figures immunity from prosecution in exchange for their汗腺.
Walsh said last night through a spokeswoman, "We welcome the prompt determination of the court that the investigation of independent counsel continue without interruption."
Fred Sadowski/KANSAN
Getting a jump on break
Cheryl Hanly, Shawnee sophomore, packs her car in preparation for a week of sun and fun in Galveston, Texas Hanly was in front of Hashinger Hall yesterday.
Hayden signs bill enacting lottery, seeks director
By JOHN BUZBEE
Staff writer
TOPEKA — Kansas will have a lottery.
After last year's legislative debate over a constitutional amendment to permit a lottery, after voters' overwhelming approval of the amendment in November and after legislative debate this session over enactment, Gov. Mike Hayden yesterday signed the lottery into law.
"We finally got 'er done," he said,
smiling.
Hayden wants the lottery to start by September or October. Before then, he must appoint a lottery commission and director to run the show.
When the lottery does begin, Hayden said, it will make about $30
million a year for the state. And with that much money involved, he wants people to run the lottery who will give it a squeaky-clean image.
"I'm going to be looking for people that have that reputation, people I can trust," he said at a press conference after signing the billary lot.
State Sen. Edward Reilly Jr., R-Leavenworth, was one of the legislative leaders present for the bill's signing. He was nearly giddy after the Senate approved the bill last week
"It's a reformation in Kansas with the lottery bill," he said.
Reilly, chairman of the Senate committee that worked on the bill, said he wanted to play the lottery himself.
"The senator from Leavenworth is going to be buying a ticket every week," he said.
But state representatives Jessie Branson and Betty Jo Charlton, both Lawrence Democrats who opposed the lottery, won't be playing.
"I think it would look pretty funny if I bought a ticket and happened to see him."
Branson said, "I don't think it's a very good investment. The odds are so slim that I'd rather put that money in a more deserving project."
Years ago, Charilton said, she learned a lesson about gambling after she blew a week's wages on a slot machine.
Since, she said, "I may have put someone else's money into a slot
machine, maybe my husband's, but not my own."
State Rep. John Solbach, D-Lawrence, and State Sen. Wint Winter Jr., R-Lawrence, voted for the lottery. Winter last week that the lottery would help fund higher education.
"I think it will be helpful for a while," he said. "I will help, particularly the kinds of programs in the industries that we're trying to fund."
Lottery profits will go toward prisons, county reappraisals and economic development, which could include university research projects. But State Sen. Fred Kerr, R-Pratt, who voted against the bill, said last week that the lottery wouldn't help
the state's economy.
People will spend money on the lottery that they otherwise would have spent in Kansas businesses, he said.
"Those business persons will be hurt," and state programs that receive lottery profits may be hurt later, he said.
Winter agreed that the lottery had the potential to hurt programs it would help initially.
"We shouldn't be lulled into the notion that we can reduce general fund expenditures for the basic mission of higher education," he said. "We're going to have to be very careful not to let the lottery compromise state funding."
Safety no child's play for researcher
Dennis Embry, a research associate at the KU Bureau of Child Research, shows off "George Snugglebear," who helps him teach children not to play in the street. Embry has developed a "Safe Playing" program that he hopes local families will use.
Staff writer
By TODD COHEN
The horror of it all. The screech of tires. A child's brief scream. And a red rubber ball bouncing away.
Streets are not supposed to be playgrounds, but young children at play often wander into the street and play in front of them. The potential for tragedy is high.
The problem, a KU child researcher says, is that parents can't watch their children all the time, and teaching kids to stay out of the street isn't easy. Warnings or spankings actually can have the opposite effect.
The researcher, Dennis Emby, has developed "Safe Playing," a program to teach children through positive reinforcement to play safely. He says it works, and he wants to use it, for the first time in the United States, in Lawrence.
"The care of children is not just a "parental responsibility. The care of children is a community responsibility." Embry said yesterday. "It's physically impossible for parents to meet their children 100 percent of the time."
His program consists of a picture book that parents read with their children, who learn to play safely while parents learn to teach using praise. Embry said. He also hopes to recruit older children to be "safe helpers."
Embry wants to distribute books to area day care centers and to the 2,000 Lawrence school children at a cost of $20,000, which he said was the price of one traffic light.
Lawrence City Commissioner Howard Hill said yesterday that he would ask the commission at Tuesday's meeting to contribute $1,600. The commission and the city Traffic Safety Commission already have endorsed the program.
"We spend a lot of money on traffic safety. Why shouldn't we put a modest amount in a program that obviously saves lives?" Hill said.
Emphy has not asked the city for money and has begun a private fundraising drive. People or businesses that use Emphy's program's book (prt $160, Emphy said).
His research. conducted in
Lawrence and New Zealand, discovered that children go into a street two to 10 times an hour while playing. Embry said.
Vera Pierce, research analyst at the Kansas Office of Traffic Safety, said that in Lawrence in the first nine months of 1986, three children, between 5 and 9, were struck by cars and injured, though none died.
"We know they play six to 10 times safer as a consequence of the program," he said.
Embry's research on the safety program began in 1978 while he worked on his doctorate at KU.
"A child ran out in front of me," he said. "I rolled down the window and yelled and screamed at the little brat.
"But he had a little wry smile on his lips."
Embry began observing children at play and researching ways to
New Zealand was interested because it has the highest rate of accidents involving children, Embry said. His program was started in three cities, and New Zealand television broadcast a prime-time documentary on the program.
teach them. His work attracted the attention of the New Zealand government, and in 1883, he and his wife, Lynn, who is also a KU child researcher, moved to New Zealand to continue their work there.
Embry said he had always had an interest in children.
He and his wife have no children. But that has allowed them to observe children from a distance and discover patterns in playing habits, he said.
"Little kids make me go gooey inside. I like them." he said.
"With the work we do, perhaps our
work to work with other people's
children."
College eliminates fall remedial courses in English and math
By PAUL SCHRAG
Staff writer
Students with serious deficiencies in English and math skills will have to begin their KU studies in the fall by taking courses that may be over their heads.
The most basic courses in the departments of mathematics and English, which help bring underprepared students up to basic college skills, will not be offered in the fall.
Basic Writing Skills and Introductory Algebra have been canceled, said Robert Linechner, dean of liberal arts and sciences. He said the need of Liberal Arts and Sciences needed to spend its money on other things.
"When you have enrollment increases like we have, it seems counterproductive to me to divert resources to remediation when other needs will go unmet," Lineberry said Wednesday.
Lineberry recommended the cancellations last month, after consulting with the departments of English and mathematics. He recently appointed a task force to study the future of the college's third remedial class. Intermediate Algebra.
"In the long run, we hope to phase down all remedial education in the college." Lineberry said.
About 100 students enroll in Introductory Algebra each year, about 150 take Basic Writing Skills and about 2,000 take Intermediate Algebra.
The college's budget problems, caused in part by an enrollment increase of about 1,100 students last fall, forced the college to re-evaluate whether it should continue to try to accommodate students who need the most basic remedial instruction.
"KU shouldn't be required to educate everybody, no matter what their level of preparation," said Haskell Springer, director of freshman and sophomore English. "The message
needs to be gotten out that KU can't deal with all the students who need special help."
But Michael Johnson, chairman of English, said the University's open admissions policy meant that the University had an obligation to all students.
"I believe strongly that in an open admissions university you need to help students, as much as you can, grow into the standards of the university," he said. "Ideally, we should do it. But we can't afford it right now."
Johnson said that Basic Writing Skills had been canceled for an indefinite period, but that he hoped it could be offered again.
He said the course met the needs of not only inadequately prepared freshmen, but also students who weren't native speakers of English or who were taking college classes many years after completing high school.
Charles Himmelberg, chairman of mathematics, said he supported the decision to drop Introductory Algebra, which he said was an eighth- or ninth-level course.
"We've basically offered the entire high school curriculum, but we decided that it's too much to go all the way back to that," he said. "It's better to spend the money on the better-prepared students."
Lineberry said the college was working intimately with high schools in the state to improve the quality of students who came to the University.
He said the college sent a newsletter to all high school students and offered them free education.
"We hope that in the long run, the caliber of math education in the high schools will improve." Lineberry works with the high schools on this.
Bush set to speak at forum
Staff writer
By JENNIFER WYRICK
Vice President George Bush will be one of three keynote speakers to visit the University of Kansas in late July for a nationwide conference for talented minority youth.
Susan Taylor, editor of Essence magazine, and Thomas J. Peters, co-author of "In Search of Excel," will speak at the event, which will be July 30 to Aug. 2.
The conference's theme will be "Futures," said a spokesman at the Chicago offices of INROADS, the organization that will sponsor the conference. The theme will emphasize the importance of understanding the past and the present when making choices for future success.
Bush will give the opening address at the general session July 31, speaking on global issues that will affect students in the future.
In addition to the general sessions, students will participate in small group workshops and discussions focused on individual success strategies. hands-on problem solving and simulations of actual situations.
Doris Danielson, public relations spokesman for INROADS, said yesterday that 2,500 participants were expected to attend the conference, which takes place every four years as part of the INROADS curriculum.
See BUSH, p. 6, col. 3
INSIDE
First step
Kansas basketball coach Larry Brown and the Jayhawks take the first step in the NCAA tournament this afternoon when Kansas plays Houston in Atlanta. See story page
Band aid
The University of Kansas' band program is in financial trouble, and the students now have to share some of the instruments because the department can't afford to buy any more. See story page 3.