The daily Nebraskan. ([Lincoln, Neb.) 1901-current, April 04, 1979, Image 1
n Wednesday, aprll 4, 1979 llncoln, nebraska vol. 102 no. 104 Without newly-elected president, Legality of appointing senate questioned ivi anenau By Shelley Smith Because the possibility of committing unconstitutional action, ASUN President Ken Marienau asked the Student Court Tuesday night for an opinion on the legality of appointing the new senate to night without its new president. The new president has not been elected yet because of the failure of the preferent ial ballot-system used in the ASUN election two weeks ago. A runoff election is tentatively schedul ed for April 1 1 between two candidates be cause neither candidate met the NU Board of Regents requirement that executive officers be elected by a majority vote. The Student Court's decision will be announced sometime today. Marienau originally had decided that the new senate and first and second vice presi dents would take office as planned tonight. Alternative action He said it was his general understanding that, as the current president, he would stay in office until a new president is elect ed. However, ASUN advisor Jane Baack said she was not sure Marienau had the- power to "make thar kind or understanding " state the president's term shall be the "same as that of an elected member of the senate," which is one year. Bob Gleason, who is chairman of the Government Liaison Committee but acting as a student, asked the court to restrain the senate from appointing its new members. Gleason argued that the spring election is not over because the president has not been elected, and therefore rules pertaining to the end of the election are not valid. He asked the court to require ASUN to appoint the new senate when a president was elected saying it is the only way to obey the constitution. "Future actions of the ASUN senate would be tainted because the appointment would be unconstitutional," he said. First vice president Marienau's petition claims that restrain ing the senate from taking office tonight would mean the .entire senate and the1 executives would serve a term longer than one year, and would leave the new senate with only three meetings until the end of the semester. One part in Marienau's petition mentions the possibility of the first vice president becoming president. It states that a clause in the constitution specifies the first vice president's power as succeeding to the presidency "in the event of the vacating of that office." However, it also reads: "In case the president of the association shall become unable to fulfill his duties by reason of dis qualification, disability, death, or impeach ment and conviction, the first vice presi dent of the association shall , assume the powers and duties of the office and serve for the remainder of the original term." Marienau's tltiohv JoVvtjfe r Student Court states there are alternative actions open to the senate but urged the court to allow the current president to remain in office until a speaker of the senate could be selected. Although this might not occur .until April 11, Marienau said it would' allow the first vice president-elect to assume the duties of the president. The speaker would then take over as first vice f president. Advantages of this proposal, according to Marienau, would be having a president constantly in office, as well as having three executive officers working simultaneously. Stay appointments However, Marienau serving temporarily still would violate constitutional rules that Kit VK . in ' jm",n -,..-- " ' li en -J . Photo by Marie BUIingttey Andy Granetelli: Your track is ready. We tuned the engine, rotated the tires, checked the anti-freeze, counted all 3000 SIP stickers and found your Chevy to be in good condition except for the oil which was so thick we couldn't get the dip stick out to check it. We think it's good for at least one more cruise around the block. Survey shows marijuana favored for glaucoma patients By Randy Essex Results of a survey released by Neligh Sen. John DeCamp Monday may add fuel to an amendment he, will introduce that would allow doctors to prescribe marijuana for glaucoma and chemotherapy patients in in Nebraska. Hie survey, conducted by Omaha poll ster Joe B. Williams, shows an overwhelm ing majority of the 1,040 Neb risk tns surveyed, regardless of age, sex, education, political affiliation or occupation, favor the move. . - ' ; .', - - Don Fiedler, state coordinator for the National Organization for-the Reform of Marijuana Laws, said that although 83 per, cent of those surveyed favor the plan, he still is concerned that the Legislature wiH not allow therapeutic uie. .-.:.. . '';""The."iesulU of the survey are rach a-' strong statement , and recent medical docu '. mentation is so clear, that the only result of i delay would be a legislative denial to ; people ' who need, marijuana to . stabilize their cet:it or restore; to 'them the dignity cf net navir.j extended periods cf nausea (as a result of cheraothercpy treat mcnti), Fiedler til J. ' ; Lledical ttstbj has shown that marl- juna use rtduces prtsrjrs on ths Inner eye of auccma sufTertrs and relieves nausea that results from chemotherapy treatments of cancer. DeCamp will introduce an amendment to LB382 allowing Nebraska to become the fifth state permitting therapeutic use of marijuana; LB382 was introduced by Omaha Sen. Patrick Venditte to allow pre scribed use of Laetrile by cancer patients. Venditte has been an advocate of stiller penalties for marijuana and has stated his opposition to the inclusion of marijuana in his bill;r 'z- . DeCamp said hh intention in introduc ing IhebSl u based on its belief in fredrn of choice for patients in unusual situations; He said the amendment should net be con-, fused with the legalization of marijuana, - DeCamp said he has two purposes in attempting to amend LB382. First, he said, there are Nebraskans desiring the use of both Laetrile and marijuana in treatment of their diseases, . : ; Second, vhe said, -if - the : Laetrile bi3 passed oripaaUy. written, it would not' have placed the proper stringent control necesry for both Laetrile and marijuana.? . Tne survey, released by DsCamp's office add of those men and women under 30, 87 percent responded aflirmativtry. In the 30 to 44 ase group, 82 percent were in favor, and 87 percent of those between 45 and 59 Joined uis nujsrity.V . -Ti t i , . Only slightly fewer people over 60 favored the idea, with 77 percent in favor. In the section of the survey breaking down the respondents by education, 80 percent of those have not completed high school and 87 percent of those through college were in favor. Ornaha citizens were 90 percent in . favor; Lincolnites, 84 percent, and 80 per N cent of those in the rest of the state favor ed the plan. Fiedler said the high percentage of approval in Omaha was significant because 7; that i$: where the plan has received the most publicity. :;The" lowest percentage of approval shown in the survey breakdown was 69 percent,' among farmers and ranchers. J. Although the survey results indicate support for the plan, sentiment in the Legislature - fa unpredictable, a DeCamp aidesdd. ' "1 . Dan Meyer said all four possible opinions exist. Some senators oppose LB3S2 in any of its proposed forms, while others support the inclusion of both 1 Laetrile and marijuanae Meyer saU.Some, Itka Venditte; want Laetrile in and maxi-: Vjuana kept cut. O&as want it the other, way, Meyer said. C Hemirigford Sen. Sam CuHan said he would - vote for DcCampi - amendment "mostly for the purposes of killing it." Cullan, chairman of the Public Health and Welfare Committee, which heard the Laetrile bill, said he would like to clutter the bill with several amendments in order to kill it. He said Laetrile is a matter for federal control, and is one of the few subjects that is not within the states jurisdictions. But marijuana probably is within that power, Cullan said. If the DeCamp amendment is success fully attached to the bill, Cullan said he would urge that it be given a public hearing to get expert testimony. Sari about that: Woman recounts her experiences as an exchanse stu dent in India. . . ; .pages 13 and 14 If youNre got ; thS time: Expert' panelist wi3 tell you which is the king of beers . w . . .pso 1 6 Talk h cherpt Everyone's cot en ; opinion about the outcome of this . year's bsscbdlnees... k . xzzz 13