xt79cn6z0856 https://exploreuk.uky.edu/dips/xt79cn6z0856/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 1974-11-22 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, November 22, 1974 text The Kentucky Kernel, November 22, 1974 1974 1974-11-22 2020 true xt79cn6z0856 section xt79cn6z0856 VOL wa No. 76 K

Friday, November 22. 1974

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EN TUCKY

21‘

an independent student newspaper

should be able to put on. The actors presented a
dramatice reading of works by Sylvia Plath.

entitled "(‘auldron of Morning".

in the

(‘lassroom Building Wednesday. The program is
an effort for the actors to introduce drama in a

new and unusual setting—in this

e la ss roo m.

(‘88? a

Depends on coal strike outcome

University may receive state aid to cover inflation;

By “ALLY llIXSON
Kernel Staff Writer

The University‘s chances of receiving
financial aid from the state for in-
flationary increases in the operating
budget hinge on the current coal strike,
according to James 0. King, Kentucky
commissioner of finance and ad-
ministration.

“We would hesitate to make allocations
to state agencies until there is a set-
tlement." King said. if the strike by
members of the United Mine Workers
lingers on for three or four months he said
there “would be no allocations except for
emergencies."

AFTER A recent study. the Kentucky
Council on Public Higher Education
recommended an inflationary increase of
$992,000 for the University system. George
Ruschell. assistant vice president for
business affairs, said the University will
lose an estimated $849,000 because of in-
creased prices of coal, gas and oil.
Rusehell said that figure is based on an
average winter and the hope that energy
conservation measures will cut $200,000
from operating expenses.

There could be a 12-14 per cent reduction
in the use of fuel by turning thermostats
back to 68 degrees and turning lights off
when not in use, according to James
Wessels. director of the Physical Plant
l)i‘ n,

rs and bumper stickers have been
(i ted as part of a University
program to reduce energy use. Wessels
said the program is now in full swing.

KING SAID a prolonged UMW strike
would cut state revenues to the extent that

they would not be able to supplement state
agencies. “A coal strike drastically af<
feels the economy and the collection of
taxes It will have a deteriorating effect if
it continues," King said.

Loss of the severance tax placed on coal
is blamed for the decrease in state
revenue. King said. “The loss of the
severance tax is reaping more than we

estimated." he said.
Many sta te agencies and institutions will

use stockpiled coal during the strike. King

3%"
5::

~.;

said some state revenue losses will be
recovered when the strike ends and the
agencies replenish their stockpiles. The
University currently has 3,000 tons of
stockpiled coal.

IF THE University cannot obtain
financial support from the state, the rising
utility costs woould be covered through
President Otis A. Singletary‘s contingency
fund, according to Don Clapp. assistant to
the president.

“The fund is for

used primarily

infringement?
University administrators fear federal government may
take an active role in legislating university policies

By BRUCE WINGES
Assistant Managing Editor

There is a fear among university
administrators thoughout the country that
the federal government may be taking an
active role in setting university policies.
according to Dr. Robert Zumwinkle. vice
president for student affairs.

Zumwinkle attended the student affair's
section of the National Association of State
Universities and Land Grant Colleges‘
convention last Monday and Tuesday in
Washington, DC. There are 120 member
institutions of higher education in the
organization.

ZUMWINKIJC SAID a majority of the
student affairs representatives think Con-
gress may have set a “dangerous prece‘
dent“ in determining university policies
by passing the Buckley Amendment.

Introduced by Sen. James L. Buckley
(R. -N.Y.i, the amendment to the Educa-

tion Act of 1965 became effective Nov. 19.

The amendment gives college students
and high school students over age 18 the
right to view all records kept on them by
their educational institutions. Buckley has
said he plans to offer an amendment to his
amendment which will guarentee the
confidentiality to student records prior to
Sept. 20, 1974.

"IN GENERAL. 1 think students will
feel two main thrusts of the Buckley
Amendment.“ Zumwinkle said. “It will
insure that student records will not be
given to unauthorized third parties and
that students can have access to their own
recordsf‘

Although students may applaud this. the
heart of the matter is that Congress has
established a precedent regarding student
records. Zumwinkle said. “What‘s to stop
a more conservative Congress next year.
or 10 years from now. from passing a

21 University of Kentucky

Lexington, Ky. 40506

Student Senate
to sponsor gay

students' dance

By Sl'SAN JONES
Kernel Staff Writer

After a heated debate, the Student
Senate Thursday night decided to sponsor
a dance for gay students.

(.‘arey Junkin. a member of the UK Gay
Coalition. said the purpose of the proposed
dance is to bring about gay solidarity and
provide a way for gay students to get
together.

“HETEROSEXL'AI. PEOPLE have in—
numerable options to get together and
have fun." said Junkin. “Gays don't."

Since the Gay (‘oalition is not a
registered student organization it cannot
reserve space in the Student Center. Gay
people have been denied recognition by the
University repeatedly as a registered
student organization.

Student Government (SC-i President
David Mucci favored sponsorship of the
dance even though he felt such an action
would casue problems.

('ontinued on page 16

emergency measures." said Clapp. The
contingency fund was buedgeted at
3863.400 for this year.

There is currently about $780000 left in
the fund after major expenditures of
$22,000 to establish Victor Gaines in the
office of employe counselor and 315.000 for
women‘s athletics. Clapp said. A
paperback book collectinon in King
library . teaching fellowships and graduate
student orientation are other expenditures
from the contingency fund this year.

supressive policy regarding student re—
cords?“ ‘

Zumwinkle said another example of the
federal government determining universi-
ty policy is the proposed guidelines for the
Department of Health. Education and
Welfare‘s (HEW) Title 9 which deals with

sexual discrimination.
ONE OF THE proposed guidelines may

prevent university-supported fraternities
and sorities from discriminating accord—
ing to sex. Zumwinkle said.

Another guideline would demand sexual
integration in intramural sports. he said.
"i don‘t think there‘s been a compelling
need in intramural sports for integration."
Zumwinkle said

The emphasis should be upon an equality
of treatment between men‘s and women‘s
sports. according to Zumwinkle. and this
should be decided by individual universi—
ties rather than on a natonal level.

('ontinued on page Hi

 

   
    
   
 
   
    
    
     
  
 
 
 
 
 
 
   
    
  
   
  
   
   
   
   
  
   
   
  

Editoreinctiiet, Linea Carries
Managing editor. Ron Mitchell
Assonate editor. Nancy Duty
Editorial page editor. Dan Ciutcner

 

Features editor. Larry Mead
Arts editor, Greg Hotelich
Sports editor. JIM Manon:
Photography editor Ed Gerald

YSA advertisement ban
is unnecessary hassle

The refusalby the Dean of Student's
office to allow the Free University's
“Introduction to Socialism" class to
display posters advertising Thursday
night‘s meeting, at which an off-
campus speaker madea presentation,
was an unnecessary and harassing
tactic.

Assistant Dean of Students Frank
Harris was technically correct in
telling Young Socialist Alliance
tYSAbmember and Free U class
coordinator Russell Pelle to remove
the advertisements. However, such
technicalities do not always follow
logic or common sense. According to
University rules, only registered
organizations are permitted to post
advertisements for meetings.

The technicality is that YSA is not
a registered student organization, nor
is the Free U class.

The whole hassle could have been
avoided. Harris said Pelle could have
asked the Free U coordinating
body to endorse and post the ad-
vertisements. This method would be
allowable because Free U is a
registered student organization.

Letters to the editor

One wonders why the Dean of
Students office even bothered to
concern itself with the matter, con—
sidering the triviality of the issue.

Even if the Dean of Students office
thought the matter important, why
not take a more constructive ap
proach, like simply informing the
Free U that their endorsement was
needed on the advertisements?

Surely that would have been a less
abrasive approach and just as ef-
fective in solving the problem. It also
would have conveyed a more
benevolent attitude from the Dean of
Student's office toward the students
involved.

In the long run it is the University,
particularly the Dean of Students
office, that loses by the forced
removal of these advertisements.
Such actions only reinforce the feeling
that one must“play games“ with
administrators in order to circumvent
the irritating red tape.

What was needed in this case was
not so much a rewriting of rules as a
restructuring of attitudes.

Reality of confinement

Recently (Nov. 8-9, Special edition), the
Kernel carried an article on the Federal
Correction Institution (FCI) on Leestown
Pike. Several points in the article caught
my attention.

The photo caption “Stone walls do not a
prison make..." misses the point. The
surroundings do not make the prison —the
‘ individual‘s state of mind does. In talking
to the residents at FCI it is clear to me that
the pretty “campus“ does not distort the
reality of comfinement.

attempt to normalize the environment,
although sexual contact is taboo. That‘s
normal?! Did your reporter question
that? Your reporter concludes the article
with "The program at FCI makes every
effort to meet the needs of its residents."
Did she ask the residents that question?

This article praises surface reforms
while ignoring the absurdities of American
prisons and the “justice" they represent
It admirably serves the purposes of the
justice establishment. and makes real

     

editorials

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change all the more difficult.

The article seems to miss the point on
other issues. Warden Grossman describes
the joint presence of men and women as an

Rick Deitch man
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General Brown draws fire from civilian bosses

By NICHOLAS VON HOFFMAN

WASHINGTON — President Ford has personally
dressed down General George Brown. the chairman of the
Joint Chiefs of Staff, for that officer‘s remarks about “the
Jewish influence in this country.” Heretofore our military
leaders have secured their place in history by locutions
such as, “You may fire when ready. Gridley." ‘xeneral
Brown broke new ground by telling a Duke University
audience. “They own. you know. the banks, the
newspapers. Just look at where the Jewish money is. "

BROWN’S civilian bosses issued the expected
statements of disassociation, profuse With expressions
like “illconsidered‘ and “unfortunate." Their censorious
adjectives were followed by other words affirming their
confidence in the ‘nan‘s ability to carry out the duties of
our highest military assignment.

The General's speech. so reminiscent of the leprous
words used by people who talk about the “Protocols of
Zion," has made life more difficult for those who oppose
American Middle East policy. The General has given
substance to the contention that anyone who does so is an
antiSemite. Whether or not he is one, and only he in his
heart knows that, he has shown himself to be such an inept

political tactician that you have to wonder how good he is -

at his war games.

NEVERTHELESS. the problem he was alluding to in

his thick-tnngued "ray IS both serious and one that we‘ve

experienced befme. It arises when one group has such
extraordinary affection and sentiment for another
country that anattempt is made to guide US. policy in the
second country s favor. (In this instance the group con-
sists of some but by no means all, American Jews plus a
sizeable number of non-Jews who agree with them.)

This isn‘t new. Many, but again not necessarily the
majority of German-Americans. lobbied and agitated on
behalf of a pro—German policy before the First and Second
World Wars. Some segments of the Irish population here
politicked for an anti-English policy during the years
when Ireland was fighting to free herself from British
rule. In the case of the Japanese-Americans in World War
II, the rest of the country falsely accused them of a secret
allegiance with the land of their ancestry and clapped
them into concentration camps. In more recent years,
Americans of eastern European origin have used their
political influence to try and forestall what we now call
detente. Today Cuban-Americans do likewise in regard to
our policy toward their former homeland. Certain black
groups feel just as strongly about our playing tootsie with
nations like Rhodesia and South Africa.

All of this is inevitable in a nation where most of come
from someplace else. Nevertheless, policies that may
favor our former homelands, or foreign nations some of us
may have special attachments for, can also contravene
the American national interest.

THAT'S THE CASE with the United States and Israel.

We‘ve paid too dearly for alienating the Arab world thcsc
past 25 years Moreover. the future cost to both America
and Israel will be yet higher if we continue to give 'l‘cl
Aviy a blank check for arms and munitions without using
that leverage to demand a more accommodating
bargaining position on tho part of our allies.

Beyond humanitarian objections to the constant armed
violations of Lebanese sovereignty (there have been no
less than .307 sinc' 1968 by Arab reckoning. and the
Lebanese remain incapable of evicting their Plat).
hermit crab visit'vrsi. we also run the risk of getting
ourselves trapped in another no~win situation. The way
they‘re going, the Israelis stand a good chance of winning
every war against ther neighbors and still destroying
themselves through attrition, exhaustion and bankruptmfi
The recent riots against the government‘s new austerity
program by the poorer part of the population underscore
the fact thatthe Israeli economy, which is little more than
growmg oranges and digging potash, can‘t hold up.

Even after turning itself into a kind of new, theocratic
Sparta, Israel is going to need furiously large amounts of
aid from us in perpetuity. But the debate on why and
whether we should provide it is more one-sided here than
it IS in Israel, and if the opponents to present poliCieS grow
yet more timorous and shut up altogether. General Brown
can take credit for the ensuing, damaging silence.

 

Nicholas Von Hoffman is a c

olu ‘ - .
Syndicate mnlSi for King Features

  

opinions from

inside and outside the university community

comment

Client a" but forgotten
by 'sociaI revolutionaries'

By LANE HARVEY

After reading the recent harangue against the
present state of legal education and the legal
profession written by Barbara Sutherland and Dick
Burr, I feel compelled to reply.

I would begin by pointing out to Miss Sutherland
and Mr. Burr that the purpose of the legal
profession is not to promote “social, political, and
economic change.“ Under the constitution of the
United States that task is left to the legislative
branch of government. Rather the purpose of the
legal profession, according to the profession's
ethical code, is to provide to the individual client
knowledge and advice about the legal system and,
where necessary. advocacy in court. The
paramount responsibility of the attorney is to
represent the client. l'nfortunately. in Miss
Sutherlands and Mr, Burr's scheme of things the
cause ofthe individual client is too often submerged
in the “social, political. and economic" cause of the
attorney. The attorney‘s fetish for perpetual social
change is so dominant that the client is all but
forgotten.

\llss‘ Sl'TIIEItI.A.\‘I) and Mr. Burr are also
highly critical of the contingent fee system whereby
an attorney collects a percentage of the amount he
wins for the client. This system. is, in many
respects. truly a “poor man‘s key to the court
house “ Many. many cases which should be
litigated never would be it the client had to pay the
attorney his usual hourly rate. But under the con-
tingent fee system the attomey collects only if he
wins ’l‘rue in a given case this may come to a rather
sizable tee But what about the cases the attorney
Ioses'.‘ I submit that the contingent fee system might
be characterized by some of our social-minded
colleagues as “loss distribution.“ One might also
wonder how many of these cases would ever be tried
if a percentage of the recovery awarded to the
VICIIIII didn‘t goto "line the collective pockets of the
legal profession." Is this "serving only the
prosperous and powerful"" I submit not.

Next let us examine those “not too altruistic
young men" in the third year class who feel that a
law school should train attorneys to serve the needs
of their clients. I am proud to say that I am one of

them. As anyone acquainted with the legal
profession knows, workmen’s compensation is an
important area in the practice of law in Kentucky.
Therefore it is a subject area to which students
should have the opportunity to be exposed in order
to be able to competently serve the large number of
clients who have claims in the area. As for Miss
Sutherland’s and Mr. Burr’s claim that “there is
nothing herculean" involved in handling a comp
claim, I challenge them to read the comp statute
(KRS 342) and do the necessary medical research,
before making such a statement.

It has never been asserted that social legislation
has no place in the law school curriculum. The point
in issue is whether the priorities of the ad—
ministration of the law school are correct when they
seek to de-emphasize those areas of the law
curriculum which are of high utility in this state and
are in great demand by a large number of students
in favor of comses of questionable utility, much less
in demand.

FINALLY. Mr. Burr and Miss Sutherland assert
that the present movement in the law school to
maintain practical "bread and butter" courses in
the curriculum instead of the so-called “enrich-
ment' ‘ courses is led by “the conservative branch of
the third year class."

One need only look at the 175 students signing the
petitions which were presented to the dean in favor
of maintaining the “bread and butter“ courses. An
examinations of these petitions will reveal that
support came from a cross section of the second and
third year students _, male and female. liberal and
conservative. Clearly their contention is untenable
in the face of these petitions. These petitions render
equally untenable their assertion that a “growing
iiumber"of law students are in favor of the trend of
replacing practical courses with “enrichment
courses.“

[submit that the purpose of a state supported law
school is to train attorneys to meet the needs of the
people of this state. not to train social
revolutionaries. That is why courses such as work
man‘s comp should be taught if the choice is either
that or “social legislation."

 

Lane Harvey is a third year law student.

Legal skills can be adopted
for counseling rich or poor

  

THE KENTUCKY KERNEL, Friday. November 22. 1974—3

 

 

By l{.\.\'l).\l.l. T. BEN I‘LEY

The two images constructed in
the comment of Nov. 20. written
by Sutherland and Burr. are the
predatory contingent fee-
grabbers and the selfless bene-
factors of the poor. Neither
stereotype is an accurate des—
cription of Sutherland and Burr
or the author of this comment.

A law school should train
professional legal counselors to
deal with the law as it is
practiced today, with appropri-
ate emphasis on trends in the
law. The discipline and legal
skills required in law school are
easily adapted to counseling and
litigating for the rich or the poor.
Basic course coverage of the vast
body of the law requires most of
our time in the three year
program.

OPTIONAL third year course
offerings should be of practical
importance to the law student ——
Workmen's Compensation and
Insurance Law are such courses.
Poverty Law is of peripheral
importance to the law student.

I would rejoice at employing
more poverty lawyers, but em-
ployment opportunities are limit-
ed in federal programs, state
public defender programs and

 

the like. Any lawyer can be
sympathetic to the legitimate
needs of any client if simple
economics so allow.

I would suggest that many of

the students have enrolled in the
law school because employment
is bleak in sociology, political
science, philosophy and social
welfare — even for Sutherland
and Burr.

TH E LAW SCHOOL cannot
teach Sutherland and Burr how to

initiate fundamental economic

and political changes — let them
cease dreaming and talking of
change. and test their ideas
outside the shelter of the class-
room!

Randall T. Bentley is a third
year law student.

Correction

A comment in yesterday's
Kernel (Student Senate. what if
they gave a meeting...) in-

correctly stated that the ap—
pointment of SC Finance
Director Jim Metry was

unanimously approved. Senator-
at-large (llenn Stith voted
against the appointment

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l—THE KENTUCKY KERNEL. Friday. November 22. I974
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Agriculture Science Center North
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news briefs

 

Senate follows House
in overridinq vetoes

\t'.\SlII2\'(l’l‘tt.\ iAl’l — The Senate. as the House did the day
before. overrode two of President Ford's vetoes Thursday.

The Senate tirst overrode Ford's veto of a bill to give greater
public access to government documents under the Freedom of
Information .»\ct The vote was 5:3 to 27. or three more than the two
thirds required.

The Senate vote enacted this measure into law.

Within muiutes. it then overrode Ford on a $85l-million. three»
vear vocational rehabilitation bill The Senate vote was 90 to l. Sen.
l’i'illiam Scott. I{‘\'it.. cast the lone dissenting vote.

There is some doubt abou the status of the bill. however. because
the President contends it was pocket vetoed during the recent
congressional recess Democrats said they would take the ad»
ministration to court if it does not carry out this measure.

The House had approved the vocational bill override by a 398-?
vote and the Freedom of Information bill 371 to 3!.

Greyhound negotiators
seek end to strike

l’llt)l~2\l.\. .\ri/ i.-\l’i -— \egotiators St‘('klll(., to end the strike
against Greyhound Lines. Inc _ niet into the early hours ’lhursday.
then went into separate meetings to work out differences on more
than a dozen issues. a source close to the talks said

The major stumbling blocks in the contract dispute still centered
on mone}. the sourci- said

Both sides were to meet again later in the day

Bargaining sessions resumed Wednesday night after a federal
mediator said sufficient progress had been made to Justify con-
tinuousbargaining sessions The strike began Monday. idling 16.000
employes

Members of the .r\malgam.'ited 'l'ransit l'nion's negotiating team
had broken off talks earlier \t'ednesdav to prepare a coun
terproposal to a “L w (il‘t‘)lltillll(l contract offer

Rockefeller explains pardon
of state Republican official

\I‘ASIIING’I‘UN i.-\l'v — former New York (Em Nelson .-\
Rockefeller testified 'l‘hnrsday that when he pardoned a )illlt‘d
former state Republican official for health reasons. he was not told
that someof the medical reports might not have been true

“I was satisfied his life was in danger." Rockefeller testified at
opening Rouse hearings on his nomination to be vice president

Rockefeller said he pardoned former state (itll’ (‘hairman l.
Judson Morhouse in 197”. who had been jailed in connection with a
bribery attempt. after seeing doctors‘ affidavits that his life was in
danger.

When Judiciary Committee chairman Peter W Rodino. I)-N.J..
asked a long series of questions on Rockefeller's knowledge of how
the affidavits were secured and whether all of them were accurate
Rockefeller said he would supply detailed answers in writing.

Later. Rep. Robert McClory. R-Ill., asked Rockefeller simply
whether he had any knowledge that some of the affidavits saying
Morhouse's life was in danger in jail might not have been true.

Rockefeller replied: “I have no knowledge of that.“

A survey by the Associated Press found only five senators in

clined to vote against Rockefeller‘s confirmation. 79 for it and it;
uncommitted.

State committee votes to file

biII changing implied consent Iaw

FRANKFORT (AP) — The Interim Legisrauve Judiciary
Committee voted Thursday to prefile a bill which would modify
Kentucky‘s implied consent law.

That act now calls for automatic revocation of the license of a
driver who refuses to take a test for drunkenness after being
stopped by an officer.

The amended version would require the state to give the motorist
notice of a hearing if he wishes one before his license can be
suspended.

The implied consent act already has been challenged in US.
District Court at Lexington. which has declared invalid the part
which provides for revocation without a hearing.

However. the state Transportation Department, which appealed

the decision. has indicated it will continue to operate under the
current version until a final ruling.

 

 

 

 

 

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 campus

_._________
Certain Med Center employes

will not receive overtime pay

By (EINNY EDWARDS

Assistant Managing Editor

University hospital employes
.- excluding professional,
technical, administrative and
supervisory personnel — will not
be paid time and one-half for
working more than 40 hours in a
seven day period, according to

Judge ’1‘. Calton, hospital ad-
ministrator.

The Kentucky attorney
general‘s opinion regarding

overtime pay for certain Medical
(‘enter employes will take affect
immediately.

IN midlictober the attorney
general's office received a
request from John V liarsie,
special counsel to l'niVersity of
Kentucky. for an opinion con~
ceriung the inconsistent federal
and state statutes dealing with
minimum wages and overtime.
[tame had been asked by ("alton
to make the request

liarsie received the opinion
Monday which states, “The state
statute. House Bill 477. which is
more restrictive and more
beneficial to the employe takes
effect despite the fact that the
Federal Fair Labor Standards
Act authorizes a hospital em»
ploye to receive overtime
payments only after 80 hours of
work in a 14—day period."

The opinion also states that the
state law is more beneficial to
hospital workers since overtime
could he recovered after they had
worked more than 40 hours in one
week, instead of working 80 hours
in two weeks.

"IIOl’SI‘Z BILL 177 will affect
almost 900 lTniversity hospital
employes,” (‘alton said. “Based
on an analysis of two recent two
week pay periods, the cost of
implementing the 40 hour
restriction could amount to
$215,000 annually."

in order to contain health care
costs. revisions in Work schedules
and use of more part-time per-
sonnel Will have to be explored.
t'alton said For example. part-

time people can replace fulltime
people as openings become
available.

Base wages of existing per-
sonnel will not be reduced.

RESCHEDULING will be done
by specific hospital departments
which affect people in food
services, housekeeping, office
and clerical work. Also affected
will be nurses aides and practical
nurses.

“It is extremely difficult to
schedule when