The gamecock. (Columbia, S.C.) 1908-2006, April 15, 1970, Page Page 2, Image 2
]y
CARL
STIMPP
Associate
A seris reviWw af Caroina
policites cocerning "doub]
Jeopardy" is one of the campu
Mo0t Presging needs, particular
in light of recet actions against
student c1harged with criminm
offenses.
"Double jeopardy" meanj
simply, being punished twice fc
the same offense. It has long be
held by many respected perso
that a student involved in
criminal dispute should not I
subject to additional academ
punishment.
The "Statement of Stude
Rights and Freedoms Within t]
Academic Community," which ha
been approved by the Board
Trustees and is official policy,
clear:
"Students who violate the la
may incur penalties prescribed I
civil authorities, but institution
authority should never be use
merely to duplicate the function
general laws. Only when the i
stution's interests as an academ
community are distinct an
clearly involved should the speci
authority of the institution 1
asserted."
What this means, in short, is th
the University should leav
criminal matters to the cour
unless its academic interests ar
specifically concerned.
Lately, however, it seems ti
University is asserting its interes
into matters which strain th
definition. One student, Bre
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BurSey, has been the example of
numerous punitive efforts of the
administration: first, when not a
student, he was barred from the
campus; second, after gaining
readmittance, he was suspended
after being charged (not con
victed) with a criminal offense; he
was again admitted - but only to
attend clases - by the discipline
Is committee, at least some mem
e bers of which objected to high
s' handed administrative attempts to
ly unfairly get rid of Bursey; upon
a indictment (which is not con
k viction), Bursey was again
suspended.
This is a complicated story, but
C one fact emerges: a student has
m been bounced in and out in school
is without ever being convicted.
a This is called "presumption of
e guilt," and is un-American, as
ic everyone knows who remembers
the old saying, "you're innocent
lt until proven guilty."
i However, the University accepts
s "guilty until you prove yourself
of innocent." In fact, one trustee -
is Michael J. Mungo - has in
troduced a resolution calling for
w the suspension of any student
ly charged with a felony or major
al mismeanor.
d If trustees passed his resolution,
of the University would bind both
n- "double jeopardy" and
ic "presumption of guilt" into a
d highly questionable regulation.
al Even without the regulation, the
)e University may be on thin ethical
and legal grounds. Again, the
at statement of rights applies:
e "Pending action on the charges,
ts the status of a student should not
e be altered, or his right to be
present on the campus and to at
te tend classes suspended except
ts where the administration deter
Is mines such action is necessary for
tt his physical or emotional safety
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IING 11-5, 58
trdy?'
and well being, or for the safety of
students, faculty or University
property."
The intent of this is clear: the
University shouldn't harass a
student charged with crime unless
absolutely necessary.
Whether the University is
violating this statement is
questionable. So Is whether it is off
base in presuming guilt or sub
jecting students to double
jeopardy.
At any rate, there is enough
evidence to support an in
vestigation - by Student Govern
ment, the faculty, or the ad
ministration. We think
clarification of the University's
proceedings is called for.
Coliseum
manager
named
USC's personnel director Robert
B. Horning Jr. has been named
acting manager of Carolina
Coliseum.
Harold Brunton, vice president
for business affairs said Horning
will direct Coliseum activities until
a permanent director is named.
Former director Lee Herbert
resigned recently to accept
another position.
Horning, who will continue as
personnel director, joined the
University last year.
Our Man Ho
Let
By
ARTHUR
HOPPE.
Columnist
WASHINGTON, Aug. 14, 1972
(cq) - A White House spokesman
denied today that President Nixon
plans to send General Curtis
LeMay to law school.
The report cropped up following
the Senate's rejection of Mr.
Nixon's 17th candidate for the long
vacant Supreme Court seat.
The rejection of the candidate,
Antonius Prior of Tallahassee,
Fla., was a bitter blow to Attorney
General John Mitchell. Mitchell
had personally conducted a two
year investigation into every
waking hour of the candidate's life.
"This time," Mitchell had said,
"we are absolutely sure the can
didate owns no stock, thinks of all
men as brothers, has never made a
racist statement nor even an in
temperate remark in 30 years, and
can be counted on to maintain a
dignified silence while under at
tack."
In voting for rejection, however,
Senate opponents cited the doc
trine of separation of church and
state - Brother Antonius, as he is
known, being a Trappist monk.
White House hopes for Senate
approval had been higher than at
any time since 1970 when Mr.
Nixon nominated his third can
didate to the Supreme Court -
Sen. Strom Thurmond.
Political observers at the time
h ailed the Thurmond nomination
as a brilliant piece of Mr. Nixon's
Southern Strategy. Not only did the
P*resident thus finally pay off
Thurmond for his support in 1968,
but he consolidated Southern
backing against the gravest threat
h e faces in 1972 - Gov. George
Wallace.
C
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FrankI
(Ar The
2tradmarka Iicense.d be finiversaIp'Sier
"NO GEN
us non
Sen. Thurmond seemed ideal. He
was a Southerner, a strict con
structionist and he had legal ex
perience, having served as City
Attorney of Edgefield, S. C., in
1929. Moreover, his confirmation
was assured as a matter of
Senatorial courtesy.
Unfortunately, Sen. Thurmond
himself rejected the nomination.
"I've been fighting the Supreme
Court man and boy for 60 years,"
he said, "and I'm not about to go
over to the enemy."
After that, the White House
admitted, the selection grew more
difficult. Mr. Nixon took to calling
prospects personally. "HI, there,"
he would say. "I just want you to
H ow can
be this a
By RON LESLIE
Guest Columnist
As you walk through the
Carolina campus, a sample of
conversations quickly reveals the
diversity of student opinion on
Peace.
The only remarkable aspect of
this diversity is the degree of
acceptability war has attained
here. The United States is engaged
in an immoral war; a war In which
our devotion to honor is serving no
legal function. No international
treaty requires our presence in
Vietnam. to be there itself con
stitutes a violation of the United
Nation's Charter.
Arthur Goldberg, a former
Justice of the Supreme Court and
United States Delegate to the
United Nations, gives the United
Nation's Charter a position as an
internationally recognized legal
document. This charter has rules
requesting any party to an in
ternational problem to request
third party arbitration to settle
disputes.
ampus Night
wend
embinatios Plate
.10 v.lue
ceti.on to cashier we
IOM STREfET
Bidge)
... C. 0ee Frauk Nr Sem netas ?6.
TLEMEN, WE ZOV- THE
unate t
know that next to Haynsworth,
Carswell and Thurmond, I think
you're the greatest judge in the
country and .. . Hello? Hello?"
(Some feel that Brother An
tonius, who is of course under a
vow of silence, was nominated
simply because he couldn't say
"No!" His habit in recent weeks of
constantly shaking his head
vigorously from side to side,
however, was described by the
White House as "a nervous tic.")
In any event, experts agree Mr.
Nixon has now more than repaid
Sen. Thurmond by sending the
names of 13 other Southern. con
structionists to the Senate. None
was mediocre - the caliber of
unjust w
cceptable?
It clearly disavows war as a first
step in resolving international
disputes. We have, by our military
presence in Vietnam, violated the
supreme document of in
international law which has a
provision pertaining to in
ternational disputes.
If we refer to the present
leadership in Vietnam in order to
obtain a moral justification for the
war, we again find difficulties. The
present leadership of South
Vietnam is composed of those
persons who supported the French
in their efforts in the French-Indo
Chinese War.
They received the training in the
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The editor la chief is Jim wanaamaker.
Although The Gamecock Is published by the
University of south Carolina, the opiloes
published herein do not necessarily represent
those of the Unlversty, the student body or the
staff of the paper.
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candidates having deteriorated
since Judge Carswell.
But the President still faces the
problem of removing the threat
Governor Wallace poses to his re
election chances. He may well
have solved that problem,
however, with tonight's late an
nouncement from the White
House:
"The President will send to the
Senate tomorrow the name of a
true Southerner, a strict con
structionist and a distinguished
jurist who served as judge of the
Third Judicial District pf Al bama
from rge
t t98 9 0- aarge
a(opyright Chronicle Publishing Co 1970)
French Air Force; they should by
all moral rights assume the same
position in our hearts as those
valiant Americans who remained
Tories during the American
Revolution because of financial
considerations.
When asked his reasons why the
United States failed to support the
conclusion of the Geneva Con
vention of 1954. which called for
national Vietnamese elections in
1956. President Eisenhower said
that, in effect, we couldn't.
because the system of government
we favor would have lost.
These facts are pretty much
agreed upon, even by those who
support the war, so one question
remains, "How can anyone be so
morally bankrupt as to support
such a war?"
Injunctior
(Continued from Page 1)
College. They will be open from 9
a.m.-4i p.m.
Rierson said that the specific
Read paper
Dear Mr. Wannamak,er:
One of the first things I noticed
on Monday's editorial page was a
letter from Sen. Leppard headlined
"Drop academic requirements."
On reading the letter, I found he
meant only those requirements for
those running for office in student
government. I was disappointed.
Frankly, we should drop academic
requirements.
STEVE SKEL.TON
The University c
prese
"Blood, Sweat
8:00 p.m., May 8, at th
Coliseum. Tickets are $4.O0
bought by mail. check
201 Acemic.: Bui.dung UGi
Letter
Suspension
law unwise
/Dear Mr. Wnnamaker:
It has been brought to my at
tention that there is a measure
under consideration In the South
Carolina legislature that would
prohibit attendance in a state
supported college of anyone
convicted of a drug violation. (In
fact, within our university students
have been forced to drop out even
before being proven guilty In the
courts.)
The consideration of such a law
brings to mind one apparent
question: Just how much does the
state and the University of South
Carolina care about the welfare of
its youth? It would appear that the
state is more intent on the punish
inent of a crime than the
rehabilitation of the convicted one.
It is evident that our state Is
deviating drastically from the
principles founded by the first
colonists of America. This country
was established on the principle of
"second chance." Afterall, the
founding colonists were merely
European "rejects," who came to
the New World for a second
chance. Then the youthful USA
itself gave its citizens a third
chance by various acts which
allocated free property in the West
for those who had also failed in this
country.
Why then, I ask, does the state of
South Carolina take the reverse
course from that which made our
nation as great as it is, and why
doesn't the administration of the
University of South Carolina take a
stand against what is evidently a
deprivation of the basic rights of
its students?
Although the state seems to
ignore the welfare of Its youth by
proposing such "retarded and
paradoxical" laws, it seems that
President Jones would have some
consideration for his students.
It's high time the government
and residents of the state use a
little foresight, although it may
strain a muscle that our state
seldom uses. Expulsion from
college can not only ruin a
student's life, but will also deprive
the state of the well educated
citizens which it definitely lacks.
The administration of our
university. as well as the citizens
of the state. should begin to defend
its youth that is on the verge of
being deserted by both the school
and the state. How can the
university morally deprive its
students of an education because of
a few mistakes?
Legislation such as this can only
result in a wider generation gap, a
less educated populace, less
respect for the state laws, and
possible social turmoil. Our state
needs all of its youth educated -
not just a privileged portion.
Education may be the possession
of which no man can be robbed, but
it is also the right (not a privilege.
but a right) of every individual.
President Jones. wake up! You
should be creating intelligent
minds, not destroying them. It
should be apparent to every
mature individual that a few
youthful mistakes should not
destroy one's future livelihood.
Our future leaders should be
protected. At a time when South
Carolina should strive to educate
its citizens, it is taking several
giant steps backward. I am
horrified by the proposal of such a
law, and I am astounded that the
administration of our school has
not taken an adamant stand
against such unconstitutional,
unethical, and grossly mundane
law.
RKICK ID. HALTIZEG3AR
i lifted
instructions given should take care
of the procedural difficulties which
the elections ran into last
semester.
"There is no excuse for anybody
not knowing about the elections,"
Hierson said, "It will be well
publicized by us."
He noted that because of the
change of election, the mandatory
meeting required of candidates
will be April 22 and nominations
must be in by April 20.
Debates concerning the elections
have also moved up a week as a
result of the changes. The first
debate, in which candidates for
major offices will present them
selves will be April 23 and a debate
for runoff elections will be April 28
with the runoff election being April
29.
f Georgia IFC
~nts
& Tears,"
e University of Georgia
per person and may be
B are to be meiled to IFC,
L, Athens, Geoi 30601