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October 6, 1987_University of Nebraska-Lincoln Vol. 87 No. 29
Student pleads
guilty in shooting
By Anne Mohri
Staff Reporter
A University of Nebraska-Lincoln
student pleaded guilty Monday in
Lancaster County Court to a pellet
gun shooting Thursday at UNL.
Albert L. White, a junior, was
charged with second-degree assault.
UNL police arrested White Satur
day at 10 p.m. at the Harper
Schramm-Smith residence hall com
plex in connection with a shooting in
the complex courtyard, said Lt. Ken
Cauble of the UNL Police Depart
ment.
White allegedly shot out of a win
dow from the sixth floor of Harper
Hall and hit UNL student Kevin Bar
tels in the left shoulder.
White became a suspect after UNL
police received information from
students and staff in the residence hall
complex.
County Attorney Jan Sharp de
cided that White’s alleged act was a
Class 4 penalty. Through this deci
sion, White faces up to five years in
prison and a $10,000 fine.
The pellet gun White allegedly
used belonged to someone else.
Cauble was unable to release the
name of the owner of the gun because
the person also may be involved.
Cauble said the owner’s name was
withheld pending a decision from the
county attorney.
White said he did not shoot to hit
anyone in particular.
“I didn’t know him. It was just a
joke,” While said before Monday’s
arraignment.
White’s court date is Oct. 13.
Bartels was treated and released
from Lincoln General Hospital
Thursday. He said his shoulder is
sore, but won’t require surgery. He
said doctors plan to leave the pellet in
his shoulder.
Doug Carroll/Daily Nebraskan 1
They're coming around . . .
Hajo Drees, center, rides near the front of the pack In the Alpha XI Delta/Nebraska Racing Team Classic Bicycle
race at Southeast Community College Sunday.
Drees, a University of Nebraska-Lincoln graduate student who won the I, II, III category race for the second year in e
row, was born in HanoveV, Germany, and is now a teaching assistant for German 101. Drees races for the Cycle Kart
Racing team of Tulsa, Okla.
Proceeds from the race go to the American Lung Association and ALS (Lou Gehrig’s disease).
Bork delay could cause legal tangles
By Mary Nell Westbrook
Staff Reporter
The U.S. Supreme Court could get
hung on split decisions until a ninth
justice is appointed, said Nebraska
Supreme Court Justice Thomas Sha
nahan.
The Supreme Court began hearing
cases Monday even though it is shy
one justice because of the continuing
controversy over nominee Robert
Bork.
The Senate Judiciary Committee
will vote on Bork’s nomination to
day.
“The court certainly has a me
chanical defect,” Shanahan said,
because the court might be split on a
decision with a 4-4 vote. In that case,
lower courts’ decisions would stand.
“It’s not so much an action by the
Supreme Court,” he said, because
without a majority decision, the court
can’t overturn any decisions.
Some cases might '*0 through the
incomplete court and come back on
appeal, he said.
“In the past, when a justice was
sick, cases were pul on the docket and
the others were treading water until
the ninth returned,” he said.
Some cases may not get the benefit
of a decision on merit if the court
comes up a 4-4 vole. The lower court
decision will have to stand, Shanahan
said.
“It will definitely be interesting to
see what happens,” he said.
John Gruhl, a University of Ne
braska-Lincoln professor of political
science, said this could pose prob
lems with more important cases. The
court may choose to hold on to these
cases until there isa full court, he said.
Some of the cases scheduled to
come before the court include the
constitutionality of a New Jersey
momcnt-of-silcnce law that some say
is a ruse to allow prayer in public
‘It will definitely
be interesting to
see what
happens/
— Shanahan
schools.
Gruhl said another important case
will involve parental permission fora
minor’s abortion. The case before the
court will involve an Illinois law that
requires a 24-hour waiting period for
minors to receive permission from
their parents or get a judicial waiver.
A freedom-of-press issue will be
decided on whether the First Amend
ment allows high-school newspapers
to run articles about pregnancy and
divorce.
Another major issue is the death
sentence for children. An appeal by
William Wayne Thompson of Okla
homa is coming before the court for a
murder he committed when he was
15.
But politics may prevail on the
bench. Some conservatives may want
to postpone major decisions while
they wait for conservative Bork to be
confirmed, Gruh! said.
On the other hand, he said, the
liberals may want to push the cases
through before the Senate confirma
tion.
Voting will be the biggest problem
for the justices, he said, because “it
will be real unsatisfying to have a 4
4 vote.” Then it’s not a clear prece
dent, he said.
In 1975, Supreme Court Justice
William Douglas had a stroke and
remained on the court for 11 months
after, Gruhl said. He was on so much
medication that he couldn’t stay
awake during court and wasn’t sharp,
he said.
In that case, the court held some of
the more important cases over if a
split decision appeared likely, Gruhl
said.
Even if Bork is confirmed, he will
have missed out on the opening argu
ments and won’t be able to make a
decision, he said.
“Problems will come up no matter
what happens, at least for a few
cases,” Gruhl said.
Senators debate options to improve faculty salaries
By James M. Lillis
Senior Reporter
While Nebraska senators in appro
priations and revenue committees
agree there will be no extra money for
faculty salaries at the University of
Nebraska next year, they disagree on
what to do about it.
Some senators say the state could
raise taxes in order to raise revenue
for faculty salaries, but others say the
university should cut back on pro
grams and faculty and use that money
to raise faculty salaries.
Appropriations Committee Chair
man Sen. Jerome Warner of Wavcrly
recently said the only way to increase
revenue would be to raise tax rales.
Revenue Chairman Sen. Vard
Johnson of Omaha disagreed. He said
Nebraska taxpayers should not pay
additional taxes to raise revenue for
academics at NU.
“First, there should be a little less
despair on the part of academics,”
Johnson said.
He said the Legislature increased
the budget by 7 percent this year, as
opposed to 3 percent in previous
years.
Johnson also suggested that the
university needs to close more pro
grams. He said there has been a 30
percent decline in agriculture-pro
gram enrollment, but the numbers of
teachers in that area have remained
constant.
Sen. Shirley Marsh of Lincoln said
she didn’t think streamlining faculty
members will solve the problem.
“You can only go so far, then you
start chopping bone,” said Marsh, an
Appropriations Committee member.
Johnson said raising tuition would
be another solution to the problem.
‘‘The university’s tuition is lower
than those of its peer group,” Johnson
said. “Take the law-school tuition.
It’s 60 percent lower (than law col
leges at peer universities).”
Johnson said he would support
raising taxes for Gov. Kay Orr’s $4
million plan to improve research at
NU.
“I would rather put my money
there than pay for increases in aca
demics,” Johnson said.
“That comes down to what you
believe to be the backbone of the
university,” said Sen. Scott Moore of
Stromsburg.
Moore, an Appropriations Com
mittee member, said he thinks faculty
salary money could be raised by rcim
posing the old food sales lax which
was removed in 1983.
See SALARY on 6
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