thursday, October 11, 1979
daily nebraskan
page 8
Student Court . . .
Continued from Page 1
"TODD ADAMS FEELS there are still some un
resolved questions about the legitimacy of the payment
and the procedures used by the student court," Arm
strong explained.
He added that the check may be stopped for 48 hours
or more, depending on how long it takes to resolve the
questions. x
Because Armstrong stopped the check, Jackalone will
probably have to be paid after his visit to the campus,
Whiteacre said.
"He does not have the authority to do that," Gleason
said, discussing Armstrong's action on ASUN's check.
"From the bylaws it doesn't sound like he has the
authority to do it," ASUN President Bud Cuca said. "But
the issue is confused by the appeal clause in the Board of
Regents bylaws for speakers."
Cuca said that Armstrong told him the action was
taken as a substitute for the Council on Student Life,
which originally resolved appeal processes of the Student
Court but is now defunct.
As an acting judicial body, Armstrong is issuing a re
straining order on the check, Cuca said.
'The question is whether he fulfills the responsibility
of the Council on Student Life," Cuca said.
THE REGENTS BYLAWS state "The Vice Chancellor
for Student Affairs, in cooperation with the Vice Chancel
lor for Business and Finance, shall issue appropriate rules
and regulations to ensure the proper accountability of
such funds and shall have the authority to audit or have
audited these funds."
A guide that is given to student organization officers
by Gary Wilkinson, head of student banking, outlines
Wilkinson's authority-"The Business Officer of the Stu
dent Activities Financial Services office is authorized to
scrutinize all requests for expenditures and to approve or
reject vouchers. . ."
Wilkinson formally stopped the check.
Adams said he is appealing the decision for several
reasons, including that the ASUN Constitution does not
give ASUN authority to allocate non-student fee money,
as they would if Jackalone is paid from the miscellaneous
account. .
He said he thinks Appropriations Bill No. 10 is not
valid because it did not go through the Budget and Fees
Committee and the Executive Committee before it was
presented to the Senate. He added that is the proper
channel for bills coming out of committees.
"I don't feel the court interpreted the speakers guide
lines correctly," Adams said.
"I wasn't too happy that only two justices heard my
case, but four decided it," Adams added .
The four justices making the decision were Cruet
Justice Mike Brogan, Justices Dave Hartmann, Mary Fejfar
and Joe Nigro. Justices Mari Lane and Karen Langland
were absent and Gleason abstained due to conflict of in
terest in the case.
Simants...
Continued from Page 1
Schroeder also said testimony still to come from expert
witnesses would show that the daughter's death, com
bined with his family background, caused his mental state
the night of the murders.
Simants dropped out of school after eighth grade to
help support a large family, which included 10 children.
Another defense witness was Simants' eighth-grade
English teacher, Ethyl Beggs, who now lives in Friend.
Beggs described Simants as "probably less than average.
He was rather quiet and withdrawn."
When askea about his relationship with other students,
she said: "He was pretty well shunned by most of them."
Beggs also described Simants' general appearance in
eighth grade as "less than average." .
Kathryn Shannon, a friend of Simants' sister, said
Simants had jokingly threatened to kill her 15-month-old
son, Jason, the night the other murders took place.
Shannon and Simants' sister, Sandra Boggs, had taken
Simants to the Boggs' home, where he was living, from a
Sutherland tavern. As the two women were leaving the
house to return to the tavern, Shannon said she told
Boggs' eldest son, Butch, who was babysitting, to take
good care of Jason.
"Herb (Simants' nickname) said not to worry," she
testified. "He would kill him (Jason) and he wouldn't be
there when we got back."
Shannon said she brushed off the remark as a joke,
adding Simants' face was "blank" when he made the re
mark. "He was real good with Jason," she told the jury.
The child was uninjured.
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Bonfire is legal
for Homecoming
UNL students may participate in their first legal
ly permitted bonfire ot the year, tonight at 6 pjn.,
according to Dean of Students David DeCoster.
DeCoster said the homecoming parade will pre
cede the bonfire, which will be held near parking lot
12 between Mueller Tower and the Coliseum.
'The Bureau of Fire Prevention -Chief, Jerry
McGinn, said the homecoming bonfire is "tradition
al," and he wants students to attend the rally in the
"right spirit." , .
McGinn would not disclose the number of fire
fighters who will be present at the bonfire.
"We're not going to tolerate any pianos being
burned," he said. "The main thing is that we don't
want anyone hurt."
Arrests will be made if things get beyond control,
he said.
Last week an illegal bonfire at 15th and R Streets
created hazardous situations, McGinn said.
Ray Coffey said the site for the bonfire was given
careful consideration.
"It was the safest place we could find, she said.
The grassy site would noi-be damaged by heat
like an asphalt or concrete surface would, he said.
"We've done our best to cooperate and try to
help channel student's enthusiasm in safe ways," he
Coffey said the security personnel who will be at
the rally do not want to dampen any student
enthusiasm.
A dead elm tree located near the bonfire site will
be used for the fire.
"We won't leave anything burning except wood
ashes," he said. The wood ashes would be good for
the soil, he added.
University Police Capt. Robert Edmunds said
that he wants the students attending the bonfire to
have "a good time."
"I also hope that the sanctioned fire is the only
one. We don't want any strays," he added.
UNL police officer Tim Tolle, said there were no
problems during the homecoming bonfire last year.
Lincoln Police Chief Dean Leitner said that be
cause the bonfire is going to be held on university,
property, his officers will not be present, unless
UNL police request assistance.
"I don't anticipate any problems with this bon
fire," he said.
A.
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OB2
FRIDAY, OCTOBER 12, 0 p.m.
Pershing Auditorium
OCTO
POPS
and all that jazz
starring
JAY McSHANN
and his trio
end
The Lincoln Symphony
Robert Emils, conductor
Balcony Seating
3.50 edults $2 Children 12 end under
Tickets available at Pershing Box Office,
all Pershing outlets td et
Tho Lincoln Symphony Office,
1315 Sharp Ouiiding.
TH ATRIUM, (13th NJ