Daily Nebraskan
Tuesday, July 8, 1986
New Digest
By The Associated Press
Page 2
Gramm-Miiadiinian 6 disabled9
Quick deficit reductions unconstitutional, court says
In Brief
WASHINGTON The Supreme Court
r.;i Monday si ruck down a key port ion of
;i law requiring a balanced budget by
r,,M. disabling the legislative machin
ery Congress assembled to attack spi
raling federal deficits.
By a 7-2 vote, the justices said the
central provision of the Gramm-Rudman
Act ordering automatic deficit re
ductions violates the constitution
ally required separation of powers be
tween the executive and legislative
branches.
The law's main supporters imme
diately said they would introduce legis
lation amending the act to conform
with the court's objections.
President Reagan said the decision
should not deter Congress from follow
ing t hrough with spending cuts to slash
budget deficit running in the range of
$200 billion a year.
In a written statement, Reagan said
the decision brings the focus of com
pliance with the law "back to where it
belongs: on the Congress."
Many say the absence of an auto
matic provision for cutting the budget
will leave Congress stalemated. Sup
porters of Gramm-Rudman say law
makers who voted for it will have a
tough time facing voters if they balk at
implementing budget cuts.
Concluding its 1985-86 term, the
court also:
O Ruled in a New York case that
states are free to close down for lengthy
periods of time adult bookstores found
to be public nuisances because of the
on-premises conduct of their customers.
O Agreed to decide whether
Georgia death sentences are meted out
in a racially discriminatory way. The
court's decision, expected sometime in
1987, could carry enormous impact for
the future of capital punishment, affec
ting the fates of hundreds of the more
than 1,600 death row inmates nation
wide. O Said it will decide whether
the Alabama state police must promote
one black trooper for every white pro
moted to raise the percentage of black
officers. The court, which last week
reaffirmed the principle of affirmative
action, will use the Alabama case for
further examination of special on-the-job
preferences.
The court also agreed to decide in a
California case whether a public em
ployer may promote a woman over a
more qualified man to help get women
into higher-ranking jobs.
Ferryboat Mandela restrictions lifted
attacker
Mils two
NEW YORK A homeless man
armed with a sword killed two people
and wounded nine others aboard a
Staten Island ferry Monday and told
police "God told him to do it," police
said.
Among the wounded were tourists in
the city for the rededication of the
Statue of Liberty. The attack began just
after t he ship, the Samuel I. Newhouse,
had gone past the statue shortly after
leaving Manhattan.
The attacker was subdued by a 55-year-old
retired police officer, Edward
del Pino, who was headed home from a
night securityjob, Richard Condon, the
first deputy police commissioner, said
at a news conference.
"It was bedlam," said del Pino.
"Everyone was running past me inco
herently screaming."
He said lie pushed past the panicked
people to where the man stood over a
woman and "to my horror, I see him
going up and down, lunging down
repeatedly with the sword."
"1 yelled 'Drop it!'" he said, and fired
a shot to get the man to drop the
weapon.
After that, del Pino said, he ordered
the man to sprawl across a seat and
warned him "If you move, you're dead."
Condon identified the suspect as
Juan Gonzales, 43, who told police he
had bought the weapon, a 24-inch
curved, thin blade with a two-inch fake
pearl handle, at a shop in Times
Square. He took it aboard the ferry
concealed in a wrapping of newspaper.
"He said God told him to do it,"
Condon said.
Gonzales described himself as "a
boat person who arrived in March
1977" from Cuba, Condon said.
JOHANNESBURG, South Africa -The
government said Monday it lifted
all restrictions against anti-apartheid
activist Winnie Mandela, but the press
was warned to be careful about quoting
her under national emergency regula
tions. Police reported that a 58-year-old
white man was shot to death in the Port
Elizabeth black township of Zwide
after dropping off black workers, the
141st person reported killed in politi
cal violence since the emergency was
declared June 12.
Also Monday, about 10,000 black
gold and diamond miners were on
strike or staging slowdowns to protest
the detention of union leaders under
the emergency declaration. The multi
racial Metal and Allied Workers Union
representing 50,000 workers said its
challenge of the state of emergency
would be heard in the Durban Supreme
Court on Tuesday.
The restrictions on Mrs. Mandela for
the past 20 years governed where she
could live and visit and to whom she
could speak. Her husband Nelson, an
NsljraMcan
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Charles Lieurance
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Daniel Shattil
Katherine Policky
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ALL MATERIAL COPYRIGHT 1986 DAILY NFBRASKAN
African National Congress leader, has
been in jail since 1964 serving a life
term for plotting sabotage.
Mrs. Mandela has openly defied many
of the restraints. She has had a series of
scuffles with security police since Jan
uary after she ignored her banishment
to the rural town of Brandfort and
moved to Soweto, Johannesburg's black
township.
Mrs. Mandela's name was missing
from a Government Gazette listing Fri
day of banned people. Those so sanc
tioned may not be quoted by the news
media and may not meet with more
than two people at a time.
Under the emergency regulations, no
one may be quoted saying anything
considered subversive or furthering the
aims of the African National Congress,
the main black guerrilla organization
fighting to overthrow the government
and end apartheid, the system under
which 5 million whites dominate 24
million voteless blacks.
Ninety-seven people remain on the
list of banned people.
Reagan administration
looks for Marcos role
in Philippine uprising
WASHINGTON The Reagan ad
ministration said Monday it wants to
find out whether deposed Philippine
President Ferdinand Marcos played a
role in the latest uprising against the
government of Corazon Aquino.
While rebuking supporters of Mar
cos for the rebellion over the weekend,
the White House did not immediately
make it clear whether the uprising
would jeopardize Marcos' stay in this
country.
Marcos was given safe haven in
Hawaii in late February, when his 20
year rule of the Philippines crumbled
and he was ousted by Mrs. Aquino fol
lowing a presidential election Marcos
had called.
Principal Deputy press secretary Lar
ry Speakes refused to say whether the
administration contemplated any rep
risals against the exiled Marcos
even if U.S. officials find that he
fomented the newest challenge to Mrs.
Aquino.
Bacteria found in Polar B'ars
GLEN VIEW, 111. Officials searching for the source of bacteria found
in ice cream bars that may have sickened more than 170 people in seven
states began dismantling a Kraft Inc. plant in Virginia on Monday.
"We're going to keep at it until we find the source," said Kraft
spokesman Paul Johnson from company headquarters in this Chicago
suburb. He said the company hopes to reopen the Richmond plant in 30 to
60 days.
People in seven states reported flu-like symptoms after eating Polar
B'ar ice cream bars. But none of those afflicted have tested positive for
listeriosis, a potentially fatal disease caused by the Listeria monocyto
genes bacteria that was found in ice cream bars at the plant.
The plant was closed Thursday after the Listeria bacteria were found in
Checkerberry flavor Polar B'ars, which had left the factory nearly a month
earlier. That day, Kraft working with the FDA recalled all Polar B'ars
that had been made at the plant as a precaution.
Polar B'ars made at Kraft plants in Framingham, Mass., and Hunting
ton, Ind., are not affected by the recall.
Gasoline most dangerous cargo
WASHINGTON Although nuclear material and hazardous waste get
the publicity, gasoline is the most dangerous cargo in the nation's
transportation system, congressional researchers said Monday.
Gasoline accounts for half of all hazardous material carried on the
higmvays, and its accidents result in "more deaths and damages than all
oth(f hazardous materials accidents combined," said a study by the
OCTi. ;e of Technology Assessment.
M ist gasoline truck traffic is within one state and not subject to direct
federal regulations. The average trip is only 28 mile3, in deliveries to
service stations, researches said.
There are 1,500 gasoline tanker truck spills reported each year to the
Transportation Department, which OTA believes to be fewer than actually
occur. -
The office estimated that there were 225 tanker rollovers and 88
resulting fatalities each year.
Accidents could be lessenedjn number and severity with a better tank
trailer design that has a lower center of gravity, the study said. It noted
that complications such as excessive width or too much empty weight has
prevented wide consideration of substitute designs proposed so far.
The department is studying regulations to improve performance of
tanks, including annual leak testing and stronger manhole covers.
Live skinning marks celebration
LUSK, Wyo. Lusk will mark its centennial later this month by
skinning a man alive for the first time in 20 years.
The skinning, complete with whooping Indians, will occur during a
re-enactment of the "Legend of Rawhide," a local production first per
formed in 1946 and later made into a full-length motion picture.
According to the celebration's organizers, the legend dates to the
mid-1800s when a wagon train headed for California passed through the
area.
"One trigger-happy youth, Clyde Pickett, kills an Indian Princess
because he's heard the horror stories of scalpings, massacres, and mutila
tions done by Indians and wants to retaliate," the organizers explain in a
press release.
"The Indians, formerly peaceful, are riled to white hatred for this
senseless killing and demand retribution. The whites do not want to give
up the guilty man for they learn that he will be skinned alive and burned.
"Clyde, being pragmatic even though impetuous, does not want to see
the people he has lived with in such danger. He gives himself up to the
circling hordes.
"Fear grips the wagon train and, in spite of their sympathies, they make
a terrified dash to Fort Laramie 40-miles away, leaving Clyde to his
horrible death at the foot of the range of foreboding blue-black buttes
later named Rawhide."
The drama was played each year from 194S until 1966, when it was
halted because of rising costs.
A Lesson on Language
Court gives public schools right to suspend foul-mouth students
WASHINGTON Saying public
schools have a duty to teach "the hab
its and manners of civility," the Su
preme Court on Monday gave school
administrators nationwide broad dis
ciplinary powers that include suspend
ing students who use vulgar language.
By a 7-2 vote, the court upheld the
1983 suspension of a Spanaway, Wash.,
high school senior for giving an assem
bly speech filled with crude sexual
allusions.
"Schools, as instruments of the state,
may determine that the essential les
sons of civil, mature conduct cannot be
conveyed in a school that tolerates
lewd, indecent or offensive speech and
conduct," Chief Justice Warren E. Burger
wTote for the court.
"Surely it is a highly appropriate
function of public school education to
prohibit the use of vulgar and offensive
terms in public discourse," Burger
said.
Matthew Fraser's one-minute speech
in support of a friend's candidacy for
student body vice president of Bethel
High School contained no dirty words,
but it caused a brief uproar among his
fellow students.
In the speech, Fraser described his
friend as "a man who is firm he's
firm in his pants. . .his character is
firm. . .a man who will go to the very
end, even the climax, for. each and
every one of you."
His friend won the election by a wide
margin.
Officials at the school in suburban
Tacoma suspended Fraser for three
days for violating a school rule banning
disruptive conduct. Now a student at
the University of California at Berkeley,
Fraser sued school officials. He was
forced to miss two days of school before
his suspension was lifted.
A federal judge, upheld by the Ninth
U.S. Circuit Court of Appeals, ruled
that Bethel High officials had violated
Fraser's free-speech rights by disci
plining him. School officials were or
dered to pay Fraser $278 in damages
and $12,750 in legal costs.
Monday's decision reversed the lower
court rulings.
"The American public school system
... must inculcate the habits and man
ners of civility as values in them
selves," Burger wrote. "The determina
tion of what manner of speech in the
classroom or in school assembly is
inappropriate properly rests with the
school board."
Burger was joined by Justices Byron
R. White, Lewis F. Powell, William H.
Rehnquist and Sandra Day O'Connor.
Justices William J. Brennan and
Harry A. Blackmun voted against Fraser
without joining Burger's opinion.
Justices Thurgood Marshall and John
Paul Stevens dissented.
Marshall said school officials failed
to prove that Fraser's speech was dis
ruptive. Stevens noted that when he was a
high school student the words uttered
by Clark Gable as the end of the movie
"Gone With the Wind" "Frankly, my
dear, I don't give a damn" shocked
the nation.
He said Fraser "was probably in a
better position to determine whether
an audience composed of 600 of his
contemporaries would be offended by
the use of a...sexual metaphor than is a
group of judges who are at least two
generations and 3,000 miles away from
the scene of the crime."
The Reagan administration had urged
the court to rule against Fraser, and
Secretary of Education William J. Ben
net praised Monday's ruling.