PAGE 2
THE DAILY NEBRASKAN
President
Bill Ckaloupka
, Q Ray Vavak, Jr.
" Bob Zucker
1st VP
Diane Theisen
r Richard Page
Randy Prier
2nd VP
3
Timothy
Greg Griffin
f"" Brent Skinner
PI Steve Tiwald
Amendment
Yes
X No
Vote no
One of the most Ignored aspects of the ASUN
campaign has been the senatorial apportionment
amendment. And by rights, it should be ignored.
The purpose of changing representation in
Senate is to make ASUN more responsive to the
students and have the Senate be a fair cross-section
of the campus.
By its nature, this is a complex subject:
representation will have to be by a hybrid of col
leges, living units and perhaps other divisions.
A piece-meal amendment is not the answer
to the problems of ASUN. Another, and hopefully
more successful, constitutional convention Is need
ed. Vote NO on the constitutional amendment to
day. Ed Icenogle
It's that time again. Carl
ZBavldson (you old timers
will remember him) called It
""'Me t's-pretend politics."
Election day Is near and, In
Response to all the Crib rats
who keep asking me how I'm
going to vote, here goes.
- The list of candidates is. to
put U mildly, generally
uninspiring. There are the
ever-present brownies, bent
on earning a red or black
abe and the epithet "student
eader." Then there are
those who. realizing that a
Zl hell of a lot of students are
fed up with college, promise
T- that if elected they will have
tlMjlr way and tear this
Z'. building down. '
FOR EXAMPLE, there
rrthe Student Independent
Party. Frustrated by their
own Impotence, SIPers have.
by Joining togeMier, found
!Tthe perfect weapon against
tho Greek machine,
Chaloupka's machine,
Zuckeri machine, the Rag
machine (oh, brother), and
- mkklk) class morality. It's
the Vexatious Arrogant
Vegetative Automatic K am
pler -VAVAK!
Having mounted bis rock
ing horse and mistaken It for
Pegasu3, Hay Vavak. the
piate of his people, ha
looked down at the campus
and found it wanting.
Everything' Irrelevant, le.,
"That does not compute," at
least according to Vavak's
opinions, the dogma of
SIP.
Vavak's ple-in-the-sky
promises sound great, even
thoueh the Unlverrity would
go broke implementing
them. (Rut, then, money Is
the hobgobblin of middle
class morality.) Randy
Prker, whose qua'ifieatioms
and sense of commitment
re unimpeachable, has said
that SIP is only trying to
berin moving towards these
reforms. Watch out for the
pick, Randy.
If SIP would stick to the
Greek system as a
acarvgoat, its true believers
irttfht at least lay claim to
J. Kincaid
Qy, 0(139 mm
consistency. But their most
vicious attacks are aimed at
non-SIPlan leftists and
reformers, especially Bob
Zucker's Electorate '69 Par
ty. Why not?
Zucker made the ballot
despite a sub-standard grade
average while a multitude of
other would-be student
leaders (guess from which
party 1) did not. Besides that,
Electorate '69 has neater
campaign buttons.
ELECTORATE '69 Is a far
more genuine populist
movement. Its more realistic
(and more relevant) pro
grams and impressive slate
of senate candidates merit
consideration. The sense of
direction displayed by Its
members Is more towards
reform than revenge or
suzerainty.
Unfortunately, the party
fails at the top of the ticket.
Bob Zucker's soul is in the
right place and his proposal
leave little to challenge, but
his past performances, in
both mouth and deed,
demonstrate tits Inability to
achieve much as ASUN
president.
By now it should be ob
vious that I'm voting for Rill
Ohaloupka. Old Straight Bill.
He engages his brain before
he puts hw mouth Into gear
He has few Illusions about
grandeur. When someone
(like me, for Instance)
disagrees with him, he can
carefully and lucidly explain
his position.
The substance of his plat
form yields little to those of
thp parties and he better
knows how to operate
towards a goal. As for those
of you who like to wag a
finger or a lip about airs
Irne, if It's going to come,
NO ASUN president will stop
It.
I'M PUNCHING SOME
Electorate candidates (yes.
even a couple of SIPs) hut
Chalouika ts the nod for
president as the can1id;ile
most like'v i.N'o guarantees)
to get something done.
(4
-ff ', p ' ' ' S jfj '
Student Court's
The majority of the ASUN
Student Court finds the
following:
(1) that Robert Zucker,
r presenting "Electorate
'69" is a proper plaintiff to
bring action agsinst the
ASUN Electoral Com.
mission, and, therefore, the
Court has jurisdiction in this
case under Article VII, Sec
tion 3, Paragraph B, of the
ASUN Constitution,
(2) that the plaintiff did not
adequately prove his allega
tions that (a) the actions of
the Electoral Commission
were clearly unconstitutional
under the circumstances- (b)
a conflict of Interests existed
arnon the members of the
Commission at the time the
election regulations were
formulated, and (c) the
Commission acted in an
arbitrary and capricious
manner in eliminating party
designation from the ballot
(number 6 of the Outline for
Election Regulations Spring
1969").
This court claims jur
isdiction in this case
und?r Art. VII, Section 3,
Paragraph B, 2, 4, and 5. We
hold that, because no rules
have been established bv the
ASUN Senate or the Elec
toral Commission with
regard to the status of cam
pus political parties as
organizations, the exact
status of "Electorate '69" Is
undetermined.
THE COURT feels that the
organizational status of
political parties is a political
question properly in the
province of the IOlslative
and Executive branches of
ASUN. The case was ac
cepted on the basis that
campus political parties
have been opera lag as more
or less recognized entities
for the past few vears.
In addition, the plaintiff
represented a group of
students who claimed to
have been injured in their
political activities by the
action of the Electoral Com
mission, acting as an organ
of ASUN.
The Court found in the
hearing of April 15, 1969 that
sufficient injury had been
done the plaintiff, because he
had relied to his detriment
upon "Electorate '69" being
listed on the ballot beside the
names of the party's can
didates, to warrant our
hearing the case.
Furthermore, we believed
that the constitutional and
Student Court has voted to
uphold the Electoral Commission
in deleting; party affiliation from
the ASUN ballot today. Here, in
the majority opinion, is why.
legal issues raised by the
plaintiff with regard to the
official actions of the Elec
toral Commission were
significant enough to con
sider. IN FINDING FOR the
defendants, the Court docs
not Intend to imply that it
either favors or disfavors
political parties In general or
any particular political party
in the current campaign. It
further does not mean to
Imply any judgement on the
merits of any candidate In
the current campaign. The
decision only upholds the
actions of the Electoral
Commission this semester
under the circumstances
which existed this
semester.
j,
. .. AND 50 1 URGE ALL PATRIOTIC rYlRiCMJ$ t HRP flfiltt CCfTHMSTi'l;
HEP ea EDUCATION CUT Of SCHOOLS m INK STHEft ITSELDMS
The question of the
lateness of the Electoral
Commission report con
taining the second semester
election regulations was
raised by the plaintiff. Arti
cle VI, Section 1- Paragraph
C of the ASUN Constitution
states: "Student members of
the (Electoral) Commission
snail be nominated before
the third full week of classes
of each semester of the
regular academic year . . ."
'parentheses and underlining
added). Article VI, Section 1,
Paragraph E, 4., states:
"The Electoral Commission
shall have power to: . . . 4.
Establish at the beginning of
each semester regulations
with the consent of the
Senate "
Because both paragraphs
must be taken into account,
the words "at the beginning"
In Paragraph E must be
construed to mean 'some
reasonable time after the
third week of each
semester.' This does not
necessarily mean th Court
will in the future find that
the Electoral Commission
has acted constitutionally if
it waits until the eighth week
of a 16Vi week semester to
submit its report and
regulations. It is only the
unique circumstances In this
case discussed below which
party decision
allows the Court to agree
that the eighth week was
reasonable this year.
IN THE INTEREST of
fairness to all candidates
and political parties, the
election regulations should
be presented to the Senate
and approved as near the
beginning of the semester
after the third week as due
consideration wiU allow. Not
only is such early presenta
tion in accordance with the
word and intent of the ASUN
Constitution, but it should
substantially reduce the
possibility of charges of
partisanship and
arbitrariness being brought
against the Electoral Com
mission in the future.
The Court holds that the
following circumstances ex
plain the lateness of the
Electoral Commission's
report this semester: (1) The
resignation of ASUN Presi
dent Craig Dreeszen, during
the first week of the current
semester, and the assump
tion of the Presidency by the
then first Vice-president,
Mike Naeve, (2) the inability
of the new executives to
contact the first semester
Electoral Commission
Director, who had tradi
tionally carried on his role
during the second semester,
(3) Uie subsequent resigna
tion of the first semester
Director, and (4) the ap
pointment of John
McCollister, who had had no
previous experience with the
Commission, as Electoral
Commission Director.
At CORDING TO t h e
testimony of Dr. Paul Byer
ly, faculty representative to
the Student Senate and
Electoral Commission
member, Mr. McCollister
began investigating h i I
responslblitles and carrying
out his official duties Im
mediately following his con-
IJfTt o o o
ifc, Oral) Wffijnnm
A.N.U.S. - U. of N., age
100, died Wednesday.
Survivors include Council
on Student Life, an improved
committee system, a student
President, and two
assistants. Services will be
held all day Wednesday.
According to many
A.N.U.S. candidates, student
government will be "fighting
for its existence" next year.
This Is absurd; why waste
the time? Why should an
organism fight for its ex
istence when for the four
years it has failed to even
justify its existence?
THE ONLY RELEVANT
constitutional amendment
that should be on the ballot
is one asking those students
voting, to decide whether
A.N.U.S. should be con
tinued, YES, or NO; with
every student not voting
being counted as a no vote.
There are certainly ways
other than a yearly contest
to see who can buy the most
votes with $40, and then to
try and voice student opi
nion. All this is going on the
same year the Council on
Student Life was established,
a step below the Regents. It
would seem more logical to
carry any appeal for action
to this new body rather than
to one that has not function
ed well for some years.
Any function A.N.U.S.
firmatlon by the Senate on
February 19. The election
regulations presented to the
Senate on May 19 were ar
rived at, according to
testimony of Mr. McCollister
and Dr. Byerly, after four
meetings of the Commission
marked by open discussion
with no exceptional
pressures from within or
from outside the Commission
for or against any particular
provisions.
The regulations were
adopted unanimously by the
Commission, and, as the
"statement of facts" in
dicates, were accepted by a
substantial margin by the
ASUN Student Senate on
March 26. Under these
circumstances, the Court
holds that the Electoral
Commission acted in a
reasonable manner in
performing its Constitutional
duties.
In addition, the Court finds
that the appointment of Mr.
McCollister was strictly
within tho word and Intent of
the Constitution. He was
"nominated" (see Art. VI.
Sect. 1, Par. C.) on February
10 or 11, according to the
sworn testimony of both Mr.
McCollister and Mr. Naeve,
even though he was not of
ficially confirmed by the
ASUN Senate until February
19. According to Webster's
New World Dictionary of the
American Language, College
Edition, to "nominate"
means "to name (a person)
as a candidate for election or
appointment: propose for
office." Mr. McCollister was
"nominated" within the
three week period specified
In the Constitution of ASUN.
The Court finds finally that
the Plaintiff did not ado
quately prove that the Co
defendant, Mr. McCollister,
or any of the other members
of the Electoral Commission
were in fact using thru
power in an arbitrary and
capricious manner in order
to hurt Mr. Zucker and
"Electorate '89"
politically.
ALTHOUGH MR.
McCOLLISTER admitted net
personally liking 'Mr. Zucker
or what he stands for'
(paraphrasing the defen
dant), no evidence was
presented or any testimony
given proving that he had
DAILY NEDRASKAN
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performs could be handled
by a committee that is
already established. AH my
proposed suicide of A.N.U.S.
would do would be to weed
out an unnecessary step. The
people for the committees
could then be chosen freni
among those responsible in
dividuals who truly desire to
achieve results.
THE WEDNESDAY
afternoon senate
meetings may be an en
joyable way for those with
nothing better to do to kill an
afternoon but it Is not an at
mosphere conclusive t o
campus improvement. To
quote Bob Zucker in Men
days Nebraskan "Much of
the business of ASUN is ver
bage which accomplishes
nothing."
So it is my belief, in light
of these facts, that any
liaison function the Senate
serves between the com.
mittees and the Council on
Student Life is unnecessary.
As for presenting the
various factions point of
view handle that like Hyde
Park let the intereste I
students come to a forum,
held weekly, and shout m
each other rather than hav
ing their senators do it for
them and losing the point in
the translation.
Just think, two Hyde Parks
in a row!!!
actively used his office
specifically to harm the
Plaintiff.
Dr. Byerly's testimony in
dicated that he felt tho
deliberations and decision ol
the Commission to exclude
reference to party affilia
tions from the ballot were
fair to everyone. 1'hc
unanimity of the Commission
decision and the
overwhelming consent of the
Senate further attest to this
belief on the part of those
making the decision.
Tradition could be used tu
uphold either the position for
party labels on the ballot or
the position against them
since both conditions h
existed during the time sinew
the formation of the present
Student Government I n
1965.
The decision to put party
labels on the ballot or not
has been made each year bv
the Electoral Commission,
with the consent of the
Senate. The status of parties
as organizations on thi
campus has yet to he
determined by any branch c(
the ASUN.
The Court was presented
with Insufficient evidenco
that the Electoral Com
mission and-or its Director
exercised their Constitu
tional powers in a definitely
arbitrary orcaprlcloui
manner, so as to harm the
plaintiff. Furthermore, no
conflict of Interests has been
proven by the Plaintiff on
whom the burden of proof
rests.
THE COURT ALSO finds
that the stretching of th
meaning of "at the beginning
of each semester" . . . (Ar.
VI. Sect.l. Par. E, 4.) by the
Electoral Commission to In
dicate the eighth week of the
semester was reasonable
only due to the very sperln!
facts Indicated in this
decision. Under different
circumstances, the Court
may in the future rule dif
ferently. The majority finds for the
Defendants and denies the
petition of the Plaintiff.
John Schrec klnger
Schaaf, Plester.
Wangsvick,
Associate Justices.
concurring
tM IwlMH (TIM
