thursday, november 6, 1980
lincoln, nebraska vol. 105, no. 54
Simmons re-elected; Payne will replace Raun
By Jim In tic! is
Nebraska voters Tuesday returned in
cumbent Robert Simmons to the NU
Board of Regents and elected Kearney
furniture businessman John Payne to re
place the retiring Robert Raun as the 7th
District regent.
In the 6th District, Simmons received
33,6X0 votes to his opponent James
Zimmerman's 31,627. In the 7th District
race Payne got 38,71 1 votes to 35,821 for
his opponent Don Blank, McCook mayor
and dentist.
Payne said the fact that he was from the
more populous Buffalo County might have
made the difference in the race. Blank
agreed and said that Payne got 3,000
more votes in Kearney, which gave him the
edge.
Payne also spent more money on the
campaign and used more advertising, which
Blank said, could have made the difference
in the race.
"He (Payne) spent more in the primary
than the other three candidates put to
gether," Blank said.
Payne said he needed to spend the
money to overcome the advantage Blank
had in name recognition. Blank was widely
known because of his unsuccessful 1974
bid for the Republican nomination for the
3rd District House of Representatives seat,
Payne said.
Both Payne and Blank said there was
not much difference between them on the
issues. Both had said that Nil's request
for an 18 percent budget increase was too
high.
"Payne did hammer away on the fact
that there is already two doctors on the
board and that he felt there is a need for
a businessman to be on it," Blank said.
Payne said lie will work to maintain
NU's high standards in a way that is "more
efficient."
In the 7th District, Simmons won be
cause he spent more on the campaign
and because he was better known in the
area, Zimmerman said.
"This was my first tune out of the
blocks and we came close. But it boiled
down to how much each of us was willing
to spend," Zimmerman said.
Simmons said he and Zimmerman
agreed on most of the issues, including the
idea that NU needs to reduce expenses, but
that his knowledge of the university made
the difference.
Both Zimmerman and Simmons are
Scottsbluff attorneys.
Zimmerman said he got "a lot of posi
tive feedback" from his campaign. He
said many people feel Simmons has not
been effective as a regent.
"His ideas arc right but his methods are
wrong," Zimmerman said.
Simmons said he will continue to work
to improve the university and will try to
implement some of the items in the
regents' five-year plan.
Daily Nebraskan photo
Where Nebraska children once learned the three R's, a boarded-up country schoolhouse remains with only
a cornfield for a friend.
Police investigate
Westhrook thefts
Either football Saturdays are bad luck for University
Police or somebody has decided to make theft a profes
sional occupation.
Westbrook Music Building was broken into again
during the Missouri-Nebraska game Saturday, and police
suspect that more than one person was involved.
As in other recent cases, entry apparently was gained
with a key, police said. Accoiding to Cpl. Ron Lundy, the
building was secured and all inner doors were locked when
he checked before the game.
This narrows down the suspects, Lundy said, because
police assume that the offender has a key. However, he
said, there could be several ways a person could have ob
tained a key.
All of Saturday's thefts took place in room 130, be
tween 1 and 4:45 p.m. and a total of SI 90 in personal
property and cash was stolen.
One victim lost a jacket valued at $15, while another
lost $25 in cash. Another student reported a square gold
pocket watch, valued at $45, and $10 in cash missing.
A fourth victim reported a brown suede coat and sunglass
es missing. They were valued at $95.
Another incident that took place during the game in
volved two men from Missouri. They were seen pouring
Coca-Cola over several items at a Big Red concession stand
in the southwest corner of Memorial Stadium. Damage to
Big Red merchandise was valued at $211.
Police were notified and the owners of the merchandise
said they would not press charges if reimbursements were
made.
The two men agreed to pay the money and the case
was dropped.
Paraphernalia game aims to show law's defects
By Patti Gallagher
"What Is Paraphernalia; What Isn't?"
is the name, and picking out pipes is the
game. The game and its name are part of a
contest beginning Monday at Jeffs Pipe
Shop. 227 N. 1 1 St.
Ow ner and operator Jeff Ferber said the
contest is to illustrate the vaugeness and
unconstitutionality of a Nebraska law, for
merly LB991. The law, nicknamed the
Bong Bill, is designed to prohibit the sale
of any apparatus used with controlled sub
stances. Ferber and other pipe shop owners from
Lincoln and Omaha will appear in 8th Cir
cuit Court of Appeals Nov. 14 against the
state. They will attempt to prove, as in
former litigation, the law is unconstitution
al. The case was heard earlier this year in
Federal District Court, Ferber said, where
the law was upheld. During that case, how
ever, the phrase "reasonably should know"
was struck from the bill.
The phrase was meant to define intent
of use when purchasing pipes, according to
Ferber.
January decision
He said a decision on the case is not ex
pected until after Jan. 1 . If the owners lose
they will bring the case to the U.S.
Supreme Court. If the state loses, Ferber
said he expects it also will continue to the
Supreme Court.
Jeffs Pipe Shop, and other shops that
may or may not sell paraphernalia, can
legally operate until a decision is reached
because the law is enjoined while its con
stitutionality is being tested, he said.
Ferber said that during the federal court
trial, a narcotics agent was shown several
pipes and asked if they were paraphernalia
or tobacco pipes.
He identified all as paraphernalia, but
"none came from so-called head ihops,"
Ferber said.
The agent was also asked to smell the
resin screen on the pipes to determine their
use. He said all smelled of marijuana, while
actually each had been used with either
tobacco or nothing, Ferber said.
Impossible to enforce
Ferbtr said the law presently is impos
sible to enforce because of its wording. It
has several "intent factors" within it,
attempting to define a pipe as parapher
nalia by the intent of its use.
Ferber said he will use some of those
'intent factors" in the "pick the para
phernalia" contest.
Comments heard or stated by buyers or
sellers of pipes indicating their use is one
intent factor, Ferber said. A statement
such as "this is a real neat hash pipe"
would be sufficient evidence of intended
use of the pipe, Ferber said.
He said if someone were to walk into his
shop today and clearly state that the pipe
he or she wished to purchase was intended
for use with a controlled substance, he
would not do anything.
But if the law were in effect, he said he
probably would enforce the statement in
tent clause, and refuse a sale.
Regulatory bill
Ferber said that when the bill first came
out, he supported it. At that time it was
a regulatory bill that prohibited persons
18-years-old and younger from purchasing
suspected paraphernalia.
Eighteen-year-olds should be prohibited
from using controlled substances, just as
they are prohibited from tobacco and
alcohol use, he said. But adults should have
a choice to purchase smoking materials of
their preference, he said.
Jeffs Pipe Shop has been open "a
couple of weeks" Ferber said, filling the
space vacated by Dirt Cheap Pipe Shop at
the end of August. Dirt Cheap moved out
for personal reasons, and because they
were tired of legal hassles, he said.
The "What is Paraphernalia; What
Isn't?" contest will run through Nov. 17.
Contestants need only stop at Ferber's
shop, and identify which of the five or six
pipes displayed are paraphernalia. Ferber
said a prize has not yet been determined.
Thursday
Czech Chucked: UNL now will offer Czech
language every other year rather than
every year Page 2
A Gift for the Bizarre: A little bit of skin,
the avant-grade and New York City keeps
local giftshop Footlights going . . . Page 8
Records can be misleading: Kansas State's
2-6 record belies the team's
strength Page 10