THE UNIVERSITY DAILY KANSAN Vol. 99, No. 71 (USPS 650-640) PUBLISHED SINCE 1880 BY THE STUDENTS OF THE UNIVERSITY OF KANSAS Thursday December 8,1988 Earthquake compels Gorbachev to return The Associated Press MOSCOW — President Mikailh S. Gorbachev cut short his summit trip to New York and planned to return to Moscow yesterday because of the quake, Foreign Minister Edward A. Shevardnadze told a news conference in New York. the strongest earthquake to hit the Soviet Caucasus in 80 years devastated the region on Wednesday, and officials said thousands of people were killed as buildings collapsed in Garbache, who had been scheduled to visit Cuba and London before returning home, called the earthquake a grave tragedy. The U.S. Geological Survey said it registered 6.9 on the Richter schale. Edward A. Shevardnadze said the earthquake hit Armenia, Azerbaijan and his native Georgia far south of Moscow near the Iranian and Turkish borders. He said the epicenter was in northernakhachan, a city of 200,000 people the media reports said was badly damaged. The foreign minister said Premier Nikolai Ryzhikov had fled to the Armenian capital of Yerevan to take charge of relief operations An Armenian Interior Ministry statement early afternoon on Yerevan Radio said cars, apparently carrying residents from stricken towns, were causing congestion on road- "As a result of the earthquake, a grave situation has arisen in the republic," the statement said. linking Yerevan with Lemnakan and Kirovakan and hampering relief efforts. Armenia was the hardest hit area in the Caucasus. "Preliminary data indicate that in the Armenian republic, thousands of people have died." Shewardnadez said, "and of course I cannot give you a more accurate figure for obvious reasons, there being also a lot of disruption. "It's a most grave misfortune, it's a terrible tragedy not only for the Armenian people, but for all the peoples of the Soviet "Despite the fact that all emergency meauses are being taken . . Mr. Gorbachev believes when the people are suffering, he has to be there, he has to lead the efforts." Union. Armenia and the neighboring republic of Azerbaijan have been wracked by ethnic strife that has led to the virtual declaration of martial law in the region. Gennady Gerasimov, the Foreign Ministry spokesman, said in New York, "A small A scientist at the seismic station in Yerevan, who would not identify himself, said he visited the disaster area and estimated the death toll probably would run into the thou- village has practically disappeared from the face of the earth. But he did not identify it. The quake killed at least four people and caused extensive damage in eastern Turkey. The Geological Survey in Golden, Colo., said the quake, centered south of the Georgian capital of Tbilisi, occurred at 1:41 a.m. and registered 6.9 on the Richter scale. A quake of that magnitude can cause widespread, heavy damage. Preserving the Past the temblor, followed by a moderate afterschock measuring 5.8 on the Richter scale, struck a mountain region in the Soviet Please see GORBACHEV, p. 8, col. 3 Safety of on-campus toxic waste questioned By Jeremy Kohn Kansan staff writer KU's toxic waste would be safer in the University's old nuclear reactor bay than in its current West Campus building. The university is an environmental officer and yesterday Steve Cater, environmental health and safety officer, said the trailer currently met minimum safety requirements. However, the threat of potential accidents and damage would be diminished if the storage site were moved to the old nuclear reactor bay in Burt Hall. Teacher in Burk Hall. Burt Hall is south of Learned Hall on 15th Street. Cater said a wide variety of wastes — produced by the chemistry department, facilities operations and departments involved with photography — were stored inside the trailer and outside in barrels. "It (the trailer) isn't really designed to contain waste if we spilled something," Cater said. "I think the best solution would be to build in the nuclear reactor bay." KU's office of facilities planning is formulating a plan for converting the reactor bay into a hazardous waste storage area, said Ben Friesen, director of the office of research, health and safety. Cater said the reactor bay could be converted into a waste storage site by adding a fire-door, improving its ventilation and installing a system that would smother a fire with a firefighting gas. An extra layer of concrete, with raised edges, could be poured on the floor to contain spills. The trailer has none of those features. Also, if the storage site were in Burt, Cater could call immediately for emergency help if an accident there. There is no telephone in the trailer. Daily monitoring of the waste would be easier, Cater said, because his office is also in Burt. He currently checks the West Campus site weekly. "In the reactor bay) you've got a situation where if you do have a spill, you can deal with it," he said. Cater began his job in fall 1986 and said he recommended to the chancellor's office then and last year that the reactor bay be considered as a new waste storage site. He said $4,000 a year for improving waste control for improving waste control. No more than 11 barres of photographic fixer, paint and high pressure liquid solvent solutions are stained out before the solution is applied so that the solvent solutions Please see TRAILER, p. 6, col. 6 Homes in the 600 block of Kentucky Street. Past and future conflict for property owners By Janell Good Kansan staff writer Kansan staff writer Preservation of Lawrence's historic sites has some residents worried that the past may hamper progress into the future. The dispute is over whether designating a site or building as historic infringes on private property owners' rights. tion Schneider, a Lawrence resident involved in historic preservation, said the controversy already had been decided by a Supreme Court case more than 10 years ago. A site or building is designated as historic because of architectural structure, historic character, or function. "In 1971, the Supreme Court decided that historical preservation was constitutional." Schneider said. "As long as the property owner was allowed a reasonable return on his real estate investment or use of the property, the government could intervene for historical purposes." Still, many people contest government intervention and battle in courtrooms across the country, he said. Recently, an unhappy Lawrence property owner has taken his case Arly Allen, owner of Allen Press, 1041 New Hampshire St., is suing the city for the right to tear down an old church at 1040 New Hampshire called the Lawrence Baptist Temple. The congregation hasn't been able to use the church in more than a year, Allen said. Allen purchased the church in 1976 to expand business. But state law protects building The church itself isn't a historic building, but it is within a historic environment. A state ordinance protects the environment of a historic site or building within 500 feet of the structure. Allen's church lies within that distance of the Douglas County Courthouse, 11th and Massachusetts streets. Allen said in one way, the argument against preservation was economical because preservation could hinder the progress of business. "The people of Lawrence don't want to change the look of the downtown area, which sometimes limits the owners of businesses." Allen said. "Any law passed that restricts property ownership in a town where there are times when it is justifiable. But the past shouldn't rule the future." Allen said the church had no economic value. Despite fire violations, a deteriorating roof and Allen's recommendation to Please see PRESERVE, p. 6, col.1 Judge restricts coverage of William hearing By Jay A. Cohen and Cindy Harper Kansan staff writers Reporters were barred from an evidence suppression hearing yesterday unless they agreed not to publish information that was ruled inadmissible in Douglas County District Court by Judge James Paddock Court by judge S. Hertel. The hearing, which continues today, concerns alleged statements made by John William, a transient facing first-degree murder charges in the death of a 9-year-old Lawrence boy. Richard Settlemore's mutated body was found floating in the Kansas River on July 14, according to court records. rudock, who said he had never closed a hearing, said. "If these statements are disseminated to the public, they could be very prejudicial." He said he had examined the alternatives, such as changing the location of the trial and rigorously screening jurors, but concluded that none would protect the defendant. The University Daily Kansan, the Wichita Eagle Beacon, KTKA Television in Topeka and the Kansas City Times did not accept the injections and were barred from the court room. Ed Collier Jr. William's attorney, filed a motion to close the hearing late Tuesday afternoon, saying that reports of the testimony could influence potential jurors. Reporters representing the Lawrence Journal-World, KLWN Radio, Sunflower Cablevision and the Topeka Capital-Journal agreed to the judge's restrictions. The Capital-Journal later withdrew from the agreement. Lawyers for the World Co. which owns the Journal-World and Sunflower Cablevision, and for the Topkea Capital-Journal argued against the ruling by Mr. Topkea and said they intended to challenge the decision. was not scheduled immediately following the hearing, there was no 'clear and present danger' to the fairness of the trial, as required by the Kansas Supreme Court to close a The court should use other means to ensure a fair trial, the lawyers said. key intention to challenge the lawyers argued that because the trial Colliser, noting that the trial might last as long as two weeks, said that jurors might confuse evidence presented in court with news reports. report. "I'm not convinced jurors would be able to recall what they heard in court and what they read in the press," he said. Jm Flory, Douglas County District Attorney, said that closing the hearing was not justified because of the time before the actual trial would take place. William's preliminary hearing is scheduled for Dec. 28. A trial must begin within 90 days of a hearing. Bob Nordyke, managing editor of the Journal-World, which accepted the judge's conditions, said, "We were left with the choice that no one is in there to find out what is going on. We thought it was better to report at some level than not at all. Nothing we did takes away from the fact that we opposed hearings." According to the motion filed by Collister, the hearing concerned a number of alleged statements William made to law enforcement officers. Collister said in the motion that the statements were inadmissible for the trial because they were made involuntarily. Testifying at the hearing yesterday were Lawrence police detectives Dave Davis and Jim Haller and Douglas County Sheriff's captain Marilyn Malson. Flory said that several witnesses would testify today. The closed portion of yesterday's hearing lasted about five hours. KU anticipates m For first year, KU got 83 percent of request By David Stewart Kansan staff writer As the first semester of the Margin of Excellence ends, KU officials are beginning to inspect the teeth of its $3.3 million gift horse. needs The Margin is the Board of Regents plan to increase financing of its institutions. KU received $3.3 million from the first year of the plan or 83 percent of its original request. The money provided $1.7 million for faculty salaries and $1.6 million to $ 3.3 million annual money hasn't been enough to satisfy the University's immediate needs. The 17 percent difference between money received and KU's original request changed some plans, said a lawyer for ice chancellor for academic affairs. improve University programs. Because some programs needed full financing, others had to be cut more than 17 percent, he said. Brinkman used library acquisitions as an "We could not do all the things we've planned." Brinkman said. "Some you can't do at all." "To cut those back 17 percent would force large cancellations of About the Margin of Excellence: The Margin is the Board of Regents three-year plan to bring total financing of its institutions to 95 percent of their peer schools and to bring faculty salaries to 100 percent of their peers. In June 1987, the Regents approved the Margin, which was expected to bring $47,439,679 over to the seven Regents schools. During the 1988 session, the Kansas Legislature approved the journals and periodicals," he said "So you have to fund that at 100 percent. That causes other programs to be funded at less than 83 percent." Brinkman said that the biggest loser in the deal was the University's first year of the Margin at 83 percent financing for fiscal year 1989, which began in July. KU received $3.3 million: $1.7 million for faculty salaries and $1.6 million for mission-related enhancements. The sources of revenue for the Margin were the state general fund, increased tuition at the Regents schools and hospital revenues from the University of Kansas Medical Center. "Our needs are much more than what we've gotten," he said. intended purchase of scientific and research equipment. Please see YEAR 1, p. 5, col. 1 of Excellence Officials, teachers seek $3.3 million next year "I think the feeling on campus is that. 'It was nice once, but what have you done for us lately?'” said Judith Ramaley, executive vice chancellor. By Mark Fagan Kansan staff writer Although the first year of the Margin of Excellence has pumped an additional $3.3 million into the University of Kansas, KU administrators are not stopping there. Years two and three still lay ahead. The Margin is the Board of Regents plan to increase state financing of its seven schools. The University of Kansas is trying to build on the margins first year by requesting $3.5 million in Margin money from the Kansas Legislature for fiscal year 1990, which begins July 1. The Margin is designed to boost KU back up to the level of its five peer schools. "We're not talking about building any excellence yet," said Sid Shapiro, chairman of the University Planning and Resources Committee. "We're talking about recovering from the catastrophic effects of the addition of hundreds of students to the University." Please see YEAR 2, p. 5, col. 1