University to appeal
by GARY SEACREST
Nebraskan Staff Writer
The University is planning to
appeal a recent lower court
decision allowing out-of-state
students to qualify for lower
resident tuition rates. But the
full impact of the decision will
not be known until the case is
reviewed by the State Supreme
Court.
Lancaster District Court
Judge Herbert A. Ronin last
week ruled unconstitutional a
section of a law which provides
that persons who come to the
state for the purpose of going to
college cannot become legal
residents of the state so long as
they are students.
However, die decision does
not effect the legality of non
resident tuition. Ronin also left
standing the portion of the Jaw
which requires four months
residency to qualify for the
lower resident tuition.
WEDNESDAY, DECEMBER 2, 1970
Movement moves
into protest, change
by DAVE BRINK
Nebraskan Staff Writer
The recently formed Free
Speech Movement is moving
into war protest and cultural
change.
The new student group was
organized se eral weeks ago to
protest the Regents' handling
of the Mlcheal Davis case. A
spokesman for the group, Mike
Barret, said similar action
would probably be taken If
Steve Roznura is not rehired.
The Movement organized a
march to tLe State Selective
Service office on November 24
to protest tht bombing of North
Vietnam. The group of about 20
people carried a statement for
Colonel Lee Liggett, the Direc
tor of the State Selective
Service. Liggett was not in the
office but Barret read the
statement to Deputy Director
Edwin Scott, who agreed to
give it to Liggett.
The statement called resum
ed .bombing an indication of
"the expansion of America's
war effort." It said the Nixon
administration may be seeking
a military victory in Viet
nam. "The war in Indochina has
again been escalated by Presi
dent Nixon." Barret read,
"which exposes his 'peace'
strategy as a cruel hoax."
Referring to the Selective
Service at part of "the VS.
military machine' the state
meat asked the Nebraska office
to examine Its part la sending
"peaceful Nebraskans" to
war.
Scott listened politely during
the reading and then accepted
a copy of the statement. He
reminded thle group that the
Selective Service was only an
administrative agency and did
not set war policy.
Before Roam's decision, in
order to meet the four month
residency requirement a stu
dent had to drop out of school
for four months.
Currently the non-resident
tuition costs $479 compared to
the $229 for resident tuition.
About ten percent of the
students on the Lincoln cam
puses pay non-resident tui
tion. Ronin's ruling applies only in
his courtroom. The State
Constitution provides that only
the State Supreme Court can
hold an act unconstitutional for
the entire state.
University Attorney Charles
E. Oldfather said Tuesday that
the University will appeal the
decision Immediately.
However, he added the
Supreme Court will probably
not consider the case for three
to four months.
Oldfather would not comment
The crowd, including
demonstrates, reporters, and
plainclothesrnen, then departed
without incident.
Barret reported the group
was "fairly happy" with the
demonstration. He said more
people could have been
gathered for the march but
added, "I doabt that we would
have wanted a larger group."
It was feaied that a large
crowd might lead to trouble.
Last spring IS people were ar
rested during a protest at the
Selective Service offices.
Commenting on the unsuc
cessful raid to free Americans
imprisoned In North Vietnam,
Barret said "The way to get
Turn to page 8
Kcrmit
Wagner:
by MICK MORIARTY
Nebraskan Staff Writer
(Editor's Note: This Is the
fourth of four Interviews with
newly elected members to the
Board of Regents.)
Only one of the four newly
elected members of the Board
of Regents has said that he is
not qualified to say whether or
not the Lincoln campus needs a
homophilo course.
He Is regent-elect Kcrmit
Wagner of Schuyler. All of the
other newly-elected regents art
either In favor of abolishing the
course or moving It to the
University of Nebraska
Medical School In Omaha.
"The directive should come
from Dean Wlttsoa (Dean of
the University medical school)
as to whether or not there Is a
need for the course, Wagner
aid.
"I have nothing against the
on how many years back the
University will have to go in
refunding students if the
decision is upheld.
It has beer speculated that if
the Supreme Court upholds the
decision, NU's tuition structure
could be seriously undermined
University Djectorof Business
and Finance Miles Tom
meraasen said Tuesday that
probably only a small number
of students will be affected if
Ronin's decision is upheld.
He added that a Supreme
Court ruling Invalidating all
non-resident tuitions would cost
the Lincoln Campus about $1
million a year. But he said it
was doubtful the Supreme
Court would invalidate the
legality of non-resident tui
tion. It has also been speculated
that Nebraska could become an
economic oasis for out-of-state
LINCOLN, NEBRASKA
hi A'' kO'I A .g
uii'lii ii 1 11 iN 1 1 ' n hVi-jWI"" ii 'rn H"i ' n i -''""r ' t i - i i
Brave students face blustery tvinter weather.
-No comment at this time
course, but I will go along with
the recommendation of Dean
Wittson," he added.
Wagner said that his direc
tive from the voters concerns
University spending. "I'm not
against education, but I think
we have to be reasonable about
the budget," Wagner said. He
added that by being reasonable
he means the budget has to be
cut
The 62-year-old Schuyler
grain dealer said he believes
poor timing and handling of the
budget made It sound worse
than It actually Is. "The budget
was presented at a very Inop
portune time," Wagner said.
He also said that as a result of
the poor timing by ad
ministrators, newly elected
stata legislators will be
"pinching hard at the
University's budget
In the area of conduct,
tuition
students as the result of the
District Court's ruling.
The decision could make it
possible for some students to
gain residency according to
John E. Aronson, director of
admissions. But he noted not
all out-of-state students could
apply for resident tuition under
Renin's decision since the
students have to show intention
of making Nebraska their
permanent residence.
The District Court decision is
the result of a suit filed against
the University by Raymond S.
Thompson III, who graduated
from the University Law
College in June, 1970.
Thompson's petition asked for
a refund of tuition since
September, 1967, because dur
ing his attendance he was a
resident of the state tor
purposes of paying taxes,
Wagner said that he is pleased
to see that the University
faculty took the initiative to
clearly define a new code of
conduct
"We need the same thing
from the student body,"
Wagner said. "When the rules
are clearly defined to
everybody, Including the
residents of the state, the
Regents will be able to enforce
those rules," Wagner said.
"We. all believe in academic
freedom, but we must also
recognize that academic
freedom has Its boundaries,"
he said.
Wagner said he feels the
same way about the question of
tenure. "Tenure is alright as
long as It Is not used as a
sanctuary by Irresponsible
people."
On Regent meetings Wagmr
said that he is In favor of hav
ing them open to the public.
railing
voting, Selective Service
records, application for loans
and political work.
Ronin ruled Thompson was
lawfully charged non-resident
tuition from September, 1967, to
January, 1968, since he had not
resided in Nebraska for four
months. Then the Judge ruled
that for the balance of his at
tendance, Thompson was in
validly charged non-resident
rather than resident tuition.
He awarded Thompson a
judgment against the
University Board of Regents in
the amount of $1,374 the dif
ference between non-resident
and resident tuition paid by
Thompson from January, 1968,
to June, 1970.
Ronin said the law was un
constitutional in part because it
violated equal protections and
due process clauses in the state
and federal constitutions.
VOL- 94, NO. 40
"Students and press should
always be welcome. But we
won't tolerate disruptions and
demonstrations at the
meetings," Wagner said.
Wagner said that he did not
want to comment on the
Stephen Rozman case before he
assumes office and has all the
facts available to him.
(The Spelts Commission
Report on University
disturbances last spring called
Stephen Rozman's actions
during the time "highly inap
propriate for a teacher."
Rozman is an assistant pro
fessor of political science at the
University.)
Conflict of interests charges
have been made about Wagner
because of his position as a
trustee at Midland College In
Fremont Wagner said he
served as a trustee at Midland
for three terms, but no longer
holds the Midland post
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