THE UNIVERSITY DAILY KANSAN Wednesday February 17,1988 Published since 1889 by the students of the University of Kansas Vol. 98, No. 98 (USPS 650-640) Bush outruns Dole; Dukakis leads Democrats Kansas senator incensed by ads The Associated Press CONCORD, N.H. — George Bush got the victory he badly needed in New Hampshire's Republican presidential primary yesterday and proclaimed, "Reports of my death are greatly exaggerated." Bob Dole fumed over what he called campaign distortions and told Bush, "Quit lying about my record." "Thank you, New Hampshire," Bush said to the state that revived his presidential hopes. "On to the South, where we're going to rise again." Dole accused Bush's campaign of distorting his record in a flurry of late television commercials aired in New Hampshire. The Senate minority leader said the ads unfairly accused him of backing an oil import fee and trying to raise taxes. After complaining for much of the evening, he was asked if he had been wrong, and told a live interview with both men on NRC-TV. "Yeah, quit lying about my record," Dole said. "I'm not for raising anybody's axes, and he knows that; I'm not advocating a $10 oil import fee, and he knows that. But they oil on the ads all weekend." Dole also said he regretted not answering Bush more forcefully during the waning days of the New Hampshire campaign, saying he had been "too kind." Bush led with 38 percent to Dole's 29 percent, with all precinct reporting. The remaining three GOP candidates lagged far behind: New York Rep. Jack Kemp at 13 percent, former Delaware Gov. Pete du Pont at 10 percent and former television evangelist Pat Robertson at 10 percent. A sixth candidate, Alexander Haig, dropped out of the race Friday and registered less than 1 percent. Kemp asserted that he was in third place and sought to make that sound like a victory. "We won the contest for the conservative wing, and now we're going to contest for the whole nomination of the Republican Party," he said. Robertson looked ahead to primaries in the South, saying he had competed in Dole's backyard of Iowa and Bush's in New Hampshire. "Tomorrow morning, we go into the South, and they're going to be playing in my backyard," he said. Gephardt finishes ahead of Simon The Associated Press CONCORD, N.H. — Massachusetts Gov. Michael Dukakis claimed victory in the New Hampshire presidential primary yesterday, moving to the front of the Democratic field with the backing of his neighbors. See related story Rep. Richard Gephardt of Missouri, the winner last week in the Iowa caucuses, held onto the No. 2 spot, besting Sen. Paul Simon of Illinois for the second time in a row. "It's really a great victory in many ways," Dukakis said, "because these are the people who know me best and they had to test me, not as a neighbor, but as a presidential candidate. "It's just a terrific boost. Obviously, it's going to be very important as we go into the war." With 99 percent of the precincts reporting, Dukakis had 37 percent, Gephardt 20 percent and Simon 17 percent. Further back were Jesse Jackson at 8 percent, Sen. Albert Gore Jr. of Tennessee at 7 percent, former Arizona Gov. Bruce Babbitt at 5 percent and former Sen. Gary Hart of Colorado at 4 percent. Gephardt said, "About a week ago, they said we couldn't compete in New Hampshire." Now, he said, "It appears that we've got a Dukakis-Gephardt race in the rest of the country, but that could change." And the Missouri congressman said money was not a problem. "We're raising money at a good clip," he said. "We are going to be fine for Tuesday." That was not the case for Simon, whose campaign was already $500,000 in debt before the primary. "This is not helping," Simon said. "From the financial point of view, if I were 3 percentage points ahead instead of 3 points, I would make a huge difference in collecting money." Babbitt was next-to-last and Hart last, but both refused to end their campaigns. "This nomination was won in one week or 30 days, it's going to be a six-month campaign." Court hears arguments for charge of fetus homicide TOPEKA - A Sedgwick County prosecutor told the Kansas Supreme Court today that a "viable fetus" whose life can be sustained outside the womb can also be a homicide victim. The Associated Press Old common-law notions that a fetus is not a human being and, therefore, is not covered by the statutes relating to homicide have been rendered obsolete by advances in medicine, said Assistant District Attorney Deborah Wilkinson of Wichita. The Sedgwick district attorney's office appealed a decision by Judge Russell Cranner dropping aggravated motor-vehicle nomicide charges against Steven J. Trudell Rudell was charged with motor-vehicle homicide after the car he was driving struck a truck driven by Rickie Brixius on June 29, 1968. Brixius' wife, Patty, was 25 weeks pregnant, was thrown from the truck and sustained injuries to her stomach. Trudell's attorney told the Supreme Court that if the Legislature intended for fetuses to be covered under homicide statutes, it would have included them in the law but did not. Baby Brixius was stillborn July 2. The attending physician determined that if the boy had been born on the day of the accident, he would have survived. Wilkinson told the Supreme Court that common law regarding fetuses, upon which the trial judge based his decision to drop the charges, stems from the 17th century, when no determination could be made about whether a fetus was viable. "In 1988, it's very clear that doctors and scientists can make that distinction," she told the court. "Advances in medical knowledge made the old common-law rules obsolete." She also cited two states, South Carolina and Massachusetts, that have decided that viable unborn fetuses are covered by homicide statutes. The viability of a fetus would have to be See FETUS, p. 9, col. 1 Ships pulling out of gulf WASHINGTON — A top Pentagon official said yesterday that the United States was withdrawing some warships from escort and mine-clearing duties in the Persian Gulf, and expressed concern that Iraqi forces were engaging in dangerous maneuvers near U.S.海岸. Richard Armitage, assistant defense secretary for international security affairs, said the United States already had protested to Baghdad an incident over the weekend involving an Iraqi jet that fired a missile near a U.S. destroyer. The Associated Press He said the administration planned to send a team of military officials to Iraq later this week to discuss the matter further. In a wide-ranging briefing at the Pentagon, Armitage confirmed that the United States was now reducing the number of U.S. warships in the Persian Gulf and said the administration had no plans to offer military protection to U.S.-owned ships flying foreign flags. In Santa Barbara, Calif., White House spokesman Martin Fitzwater said, "This represents a fine-tuning of our position in the gulf and not a policy change that would be reflected in overall forces or in other countries' actions." The remarks by Armitage were the first by an administration insider reflecting official concern about Iraqi military operations near U.S. ships. The United States thought it had won Iraqi agreement last year, after the attack on the USS Stark, to keep jet fighters roughly 40 miles away from American warships. An Iraq fighter attacked the Stark in May 1987 in what Iraq has described as a case of mistaken identity. Thirty-seven sailors died in the attack. The assistant secretary also formally announced yesterday the withdrawal of some members of the board. KU adapts to a peak enrollment By Brenda Finnell Kansan staff writer A record spring enrollment at the University of Kansas is forcing many College of Liberal Arts and Sciences departments to face increased demands for courses. "I don't think we've ever had as wide spread a set of increases as we're seeing right now," said James Farris, dean dean of liberal arts and sciences. Twentieth-day enrollment figures released Monday showed that overall enrollment in the college increased last spring to 12,614 this semester. The increase has caused the college to offer additional sections of certain courses. Individual course options reflect these changes. Carothers said. He said there were some departments with relatively small increases in students, but few with significant decreases. Last spring, 396 students were enrolled in English 101. This spring, 431 are enrolled in the same course. The number of students in English 102 increased by 374 students since last spring. "We simply have more students," he said. "It's simply evident that students are going to have to be aware of better alternatives to courses when they make their schedules." Freshmen must enrol in the appropriate English course their first semester and remain enrolled in English until they complete English Haskell Springer, director of freshman and sophomore English, said that some students might not have been able to enroll in the class time they preferred but that the English department had managed to keep class sizes the same. Carothers said these increases were due in part to the new graduation requirements that began applying to this year's freshmen. "We're doing all right," Springer said. Carothers said individual departments were doing a good job of accommodating individual students, especially seniors who needed certain courses to graduate. Albert Cook, coordinator of English undergraduate studies, said that every effort was made to help seniors who needed core English courses to graduate. Cook said seniors who had difficulty getting courses usually did not pre-enroll, were disenrolled when their fees weren't paid or did not make enrollment arrangements See INCREASE, p. 9, col. 5 O'Connor says nominee scrutiny here to stay United States Supreme Court Justice Sandra Day O'Connor gives the 78th Landon Lecture at Kansas State University. Craiz Sands and Joe Wilkins III/KANSAN By James Buckman The days when nominees for the Supreme Court were shoo-ins for Senate confirmation could be over, Justice Sandra Day O'Connor said yesterday at Kansas State University. Kansan staff writer O'Connor, an associate justice on the court, told about 1,900 people during her Landon Lecture Series speech that the United States might have entered a new age in the selection process of Supreme Court justices. "I think we saw in the hearings for Judge Bork and for Judge Kennedy a very active Senate Judiciary Committee," she said. "It's clear that Senate involvement in the questioning of the nominee reached more intense levels in these most recent hearings than in the past." "Until relatively recently in the nation's history, it was not the practice of the Senate to ask any question at all of the nominees." she said. "I thought that when I had my hearing it was a painful experience. Looking back, it wasn't the same as it might have been," she said. O'Connor survived Senate hearings of her own and was sworn in on Sept. 25, 1981, as the first woman ever to sit on the Supreme Court. O'Connor said questions about the confirmation process originated in the Constitution. Article II, section 2 says that a president's nominee would be considered for appointment with the "advice and consent" of the Senate. "It is this clause which has been, at the forefront of public attention during the Senate hearing on Judge Bork's nomination, and subsequently Judge Kennedy's," O'Connor said. O'Connor said the confirmation process in those days was comparatively mild. "The history of this clause offers little guidance as to its proper construction; the meaning of its crucial phrase, 'advice and consent,' was never discussed," she said. Scott Scrogin, a Hutchinson senior at K-State, said, "It wasn't one of the better Landon Lectures I have heard. I think the students wanted to hear a little more about current issues. During a press conference and a question-answer session after her speech, O'Connor speaks on a variety of legal issues. But she refused to accept the current issues facing the court or case that might be heard by the court. O'Connor smiled when asked if she would ever consider a career in politics.