40 P» at re' Fo ing 1 Columns • Editorials • News Briefs Cbe Battalion Page 2 College Station, Texas Thursday, October 28, 1965 • Opinions • Cartoons Features Double Jeopardy CADET SLOUCH by Jim Earle Tim Lane Way back a semester or two ago I took a course that had something to do with law — or maybe it was just regulations. What ever it was, I remem ber distinctly a phrase — dou ble jeopardy. This concerned punishment for proven offenses, and the main idea was that no one should be punished twice for the same thing. And in this country, I am sure the instructor said, the individual is protected from such action by laws and regulations at every level of organized so ciety. Not at every level, sir. The college of liberal arts (and perhaps some of the other colleges) has a policy that says an instructor may, at his dis cretion, lower a student’s grade for “an excessive number” of unexcused absences. Like the old story of a gen eral’s wish being a lieutenant’s command, some departments, nameless departments of course, have formalized this policy and made it automatic. One department, for example, allows one cut per credit hour in the course; each cut above this limit lowers the semester grade one letter. For example, a student with seven cuts in a three hour course has had it, if the policy is en forced — no matter what he has learned. In theory, this is for his own good—he can’t learn very much if he doesn’t come to class. In actuality, he is getting it in the neck twice. If absences do prevent a student’s learning what he should in class, his grades will suffer accordingly— sufficient punishment. When the policy is applied, the student has his grades lowered a second time. But what if the student is not prevented by several ab sences from learning all he should ? What if his grade average (before application of the policy) is the highest in the class and his attendance is the poorest ? This happens—and. every time it does, and the policy is ap- plied, the policy’s avowed pur- pose of helping to protect the -* student from his own wayward- ness looks pretty thin. Call it double jeopardy, or don’t, at best this is a policy to intensify what happens as one of the natural results of lax attendance; at worst, it is a policy that unfairly penalizes students who are able to do the required amount of work in less time than their classmates; at base, it appears to be an easy, arbitrary substitute for upgrad ing the interest level of courses in order to maximize state funds apportioned partially by attend ance levels. A more worthwhile, more prac tical, and fairer policy might be one that provided for periodic automatic review of the qualifi cations of instructors and the content of courses in classes which have chronic records of absenteeism. 8 Constitutional Amendments “— not only was that a careless pass, but I asked for corn —not gravy!” By GLENN DROMGOOLE Battalion Editor The major provision of Amend ment No. 8 concerns automatic retirement of state court judges at age 75. The proposed amendment to Article XV, Section 1-a will be considered Nov. 2 along with nine other amendments to the Tex as Constitution. Basic provisions of the meas ure are: 1. Automatic retirement of district and appellate judges at age 75 or earlier, not under 70, as provided by law. 2. Creation of a State Judi cial Qualifications Commission of nine members to review state judges. 3. Removal of judges for “wilful or persistent conduct, which is clearly inconsistent with the proper performance of said duties or casts public discredit upon the judiciary or adminis tration of justice.” 4. Involuntary retirement of judges for disability seriously interfering with their perfor mance of duties. Arguments for the amendment include: 1. The provisions of this amendment fill a great need of the Texas judicial system and were sponsored by the State Bar, Texas Civil Judicial Council and the League of Women Voters. A substantial number of Texas judges have remained in office long after their capacity has been impaired by age or disabili ty. Their retirement will insure the state of a capable and alert judiciary. Services of a judge automatically retired will not be lost to the state if he still possesses the mental and physi cal alterness, as he may be as signed to special work where needed and at full pay. Private business generally requires re tirement at an even earlier age. 2. The present retirement law affords compensation for judges who are disabled, but does not require them to retire unless they choose to do so. A disabled or aged judge is often the last to realize that he should retire. more modern and efficient than present provisions but which do not take any power away from the legislature. 4. The proposal is similar to one adopted in California in 1960 which has worked efficiently in that state. Arguments against include: 1. Many great jurists have made history-making decisions after age 75. Age is a relative matter and it is not right to deprive Texans of an outstand ing judge nor the judge of his position because of age. 2. Article XV of the Consti tution already makes provision for the removal of judges for cause. This procedure should not be so simplified as to invite fre quent use without real justifi cation. The complexity of re moval is a safeguard to preser vation of a strong judicial sys tem. 3. The amendment establishes procedures for removal of judges for misconduct which are much 3. It is not wise to add need less clutter to a document which already contains more than 55,- 000 words. The proposal should be handled by statute rather than by constitutional amend ment. Sound Off Ketchikan, Alaska, is the wettest city in the continental United States, the National Geopraphic says. The South Alaskan settlement is inundated by 150 inches of rain annually. ....Editor, The Battalion: I want to congratulate you on your recent stand on the demon strations in protest of the Unit ed States policy in Viet Nam, and your support of the United States actions in Viet Nam. You, the students of A&M, when you take a stand for free dom have delivered a crushing blow against the Communist Party. Their propaganda is aimed at high school and college students. They want you to car ry out their dirty work. Your stand will boost the morale of our men in Viet Nam and those that go in the future will go knowing that some of us care. Keep up your good work and try to influence other college students to do the same. If I can be of any help, feel free to call or write. S. D. McDuffie, Commander First District, American Legion ★ ★ ★ Editor, The Battalion: May God bless each of you. Your spirit sounds like our class of ’45—20 years ago. At last good will triumph. What if in 1941 my husband at A&M and me at SMU had acted like these demonstrators today. Our own children which are near ing the age of you students would not be able to live as we do. Mrs. Arthur Brawner, Dallas P.S. Saw varsity’s horns off!! THE BATTALION Opinions expressed in The Battalion are those of the student ivriters only. The Battalion is a non tax-supported non profit, self-supporting educational enter prise edited and operated by students as a university and community neivspaper. [Mortimer's Notes | Members of the Student Publications Board are: Joe Buser, chairman ; Dr. David Bowers, College of Liberal Arts; Dr. Robert A. Clark, College of Geosciences ; Dr. Frank A. Mc Donald, College of Science: Dr. J. G. McGuire, College of Arts ; Dr. nk A. Mc Donald, College of Science: Dr. J. G. McGuire, College of Engineering; Dr. Robert S. Titus, College of Veterinary Medicine: and Dr. A. B. Wooten, College of Agriculture. Texas A&M is The Battalion, a student newspaper jblished in College Station, Texas daily except Saturda published in College Station, lexas daily except Saturday, Sunday, and Monday, and holiday periods, September through May, and once a week during summer school. once during The Associated Press is entitled exclusively to the use for republication of all news dispatches credited to it or not otherwise credited in the paper and local news of spontaneous origin published herein. Rights of republication of all other matter herein are also reserved. Second-Class postage paid at College Station, Texas. MEMBER The Associated Press, Texas Press Association Represented nationally by National Advertising Service, w York City, Chicago, Los Angeles and San Francisco. :epn Ne News contributions may be made by telephoning 846-6618 or 846-4910 or at the editorial office. Room 4, YMCA Building. For advertising or delivery call 846-6415. ar; $6.50 tax >ns per full Advertisii school Mail subscriptions are $3.50 per semester; $6 ear. All sales tax. Advertising rate fu The Battalion, Room 4, YMCA Building, College Station, Texas. $b pel year. All subscriptions subject to 2% -st. rate furnished on request. Address: EDITOR GLENN DROMGOOLE Managing 1 Editor Gerald Garcia Sports Editor Larry Jerden News Editor Tommy DeFrank Photographers Ham McQueen, Herky Killings worth, Gus De La Garza Amusements Writer Lani Presswood FOR THE RECORD: Word has reached here that Jan Peerce will scrap his usual routine when he comes to A&M Nov. 5. . . . He is going to concentrate more heavily on a selection of popular music rather than stick rigidly to an opera program. . . . And the Met Opera star will be on campus much earlier than most performers for Town Hall. . . . He’s scheduled to arrive more than a day in advance of his Town Hall booking. . . . It might not be such a bad program after all. . . . And a little “culture” wouldn’t hurt either. ... You’ll probably have to strain your ears Satur day night to hear the Aggie roar in Little Rock, for several reasons. . . . First of all, it’s mighty far to the Land of Opportunity, and not many students will have the opportunity to make the trip. . . . Secondly, those Hog fans yell pretty loud. . . . And third, the Baylor game might have dis illusioned some people. . . . So this is the weekend when many Aggies will set sail for the more metropolitan sections of the state. . . . 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