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COLLEGE STATION, TEXAS THURSDAY, FEBRUARY 27, 1969
Telephone 845-2226
Texas House Measure Outlaws
Student Disruption Of Colleges
P Jaworski Suggests Remedies
For ‘Imbalance’ Of Justice
that
Head Yell Leader Bill Youngkin leads yells in the first yell practice of the year for the
newly-crowned Southwest Conference basketball champions in G. Rollie White Coliseum.
Standing in the background are four members of the team. (Photo by Mike Wright)
By DAVID MIDDLEBROOKE
"It can no longer be doubted
that criminal justice in this coun
try favors the accused. The rele
vant question today is, have the
odds become too high in the ac
cused’s favor?”
Leon Jaworski, a Houston law
yer, thus answered the question,
“does justice favor the accused?”
last night during a Great Issues
’ presentation in the ballroom of
e 3 the Memorial Student Center.
Jaworski is also former Presi
dent Johnson’s personal lawyer
:onsi: and the highest paid attorney in
(See Related Picture, Page 4)
die United States today. He
holds appointments to the Perma
nent Court of Arbitration at The
Hague and the President’s com-
issions on crime and violence,
n addition he served as chief
trials counsel at the Nuremburg
*ar trials.
"If the answer to the question
[concerning the odds) is in the
iffirmative, the next and more
iressing question,” he continued,
‘is what can be done to lessen
his imbalance of the scales of
ustice?”
“I would suggest at least three
remedial actions,” he said. “First,
W adequate opportunity should
be provided to the police for in
terrogation at the scene and at
the station. Second, the legiti-
nate place of voluntary confes
sions should be reestablished.
"Finally, we must allow for
-omment on the failure of the
accused to take the stand or to
submit to interrogation.”
As things stand, he noted,
lolice must warn the accused of
sis rights at the time of appre-
lension and cannot accept a vol-
intary confession unless the
sccused has had the advice of a
awyer.
During the trial, he added, the
srosecutor is not allowed to com
ment on the accused’s failure to
testify for himself, on the
grounds that if he cannot be com
piled to testify against himself,
comment could not be made on
sis failure to testify for himself.
Jaworski emphasized that the
recent rise in crime is an indirect,
not direct, result of recent Su-
ireme Court decisions. He feels
that a difference exists between
saying the Court causes crime and
saying it makes it more difficult
criminals to be apprehended and
punished.
He believes that Court decisions
have made the job of law en
forcement more difficult and tend
to discourage the average citizen
from becoming involved in bring
ing about better law enforcement.
Although not agreeing with
some of the decisions handed
down, he said he felt the court
was at all times attempting to
improve the accuracy and fairness
of truth-determining machinery.
He noted that the American
system of justice starts out in
favor of the accused. He is pre
sumed innocent until proven
guilty. To go free, the accused
must convince only one juror out
of 12 of his innocence; the prose
cution must prove to all 12 the
guilt of the accused.
After the trial, Jaworski added,
the scales are even more weighted
in favor of the accused. He has
the unlimited right to appeal,
with lawyer and court transcripts
supplied free if he cannot afford
them. The prosecution, however,
cannot appeal if it loses because
it would place the accused in
double jeopardy.
In addition, he has unlimited
right to petition the court to re
view his case and the validity of
his conviction, whereas the prose
cution cannot even seek convic
tion after the statute of limita
tions expires.
Jaworski was quick to explain
that he did not advocate eliminat
ing the odds in favor of the ac
cused entirely. He said that our
constitution was ratified only
upon the assurance that amend
ments protecting individual rights
would be added.
“You will note,” he observed,
“that each of the first ten amend
ments is a prohibition against
government action. Criminal jus
tice necessarily begins with a bias
in favor of the accused.”
Both praise and criticism of the
Supreme Court was dispensed by
Jaworski. He felt the Court deci
sions to provide lawyers for those
unable to afford one, and the pro
vision of lawyers in parole pro
ceedings, are among the most
significant advances of the last
ten years.
The lifting of the ban on evi
dence being used in court that
was found while searching for the
fruits or instrumentalities of the
crime was another step forward,
he felt, along with the upholding
of the stop-and-frisk laws. “Some
scholars suggest the Court will
itself overturn or modify some of
its prior decisions,” the attorney
said. “I think that the most
salutary way to change what the
Court says is to amend the con
stitution to make it conform to
the will of the people.
“At least,” he added, “the pro
posal of amendments would cre
ate discussion of the purposes of
rights such as the privilege
against self-incrimination. This,
I think, would be good for Amer
ica.
“One way in which you and I
can aid the cause of crime detec
tion and law enforcement,” he
concluded, “is to give the police
the wherewithal to solve and pre
vent crimes without the necessity
of relying on confessions.
“It will take more money,
manpower, and more investment
in the research and development
of crime detecting and solving
devices and systems.
By LEE JONES
AUSTIN (A*)—Reacting to what
several members said were fears
of impending campus disorders,
the Texas House rushed to pas
sage Wednesday a bill making
disruption of schools a crime.
The bill, heard and sent to a
House subcommittee less than 48
hours before, was catapulted out
of the committee in a quick meet
ing in a comer of the House
passage and was brought up for
immediate passage.
Senate action now is required.
“I think the House is ready
to take a stand and say to the
taxpayers of this state that we
will not condone the type of ac
tivity that has plagued campuses
around the nation. I submit that
passage of this bill will give
administrators and law enforce
ment authorities the opportunity
to quell this kind of disturbance,”
said Rep. Joe Shannon of Fort
Worth, the author.
ONE OF the two Negroes in
the House, Rep. Curtis Graves of
Houston, opposed the bill, saying
it might provoke what it seeks
to prevent.
This is the kind of legislation
that causes a backlash, the feared
violence that you have seen
around the nation ... if this
passes, I predict this type of
violence may come to our state,
and each of you will regret pass
ing it,” Graves said.
The vote for final passage was
135-12, sending the measure to
the Senate where quick action
also is expected.
SHANNON’S BILL provides
fines of $25-200 and/or jail terms
of 10 days to six months for
persons acting together who wil
fully engage in “disruptive ac
tivity” at public or private schools
or colleges.
“Disruptive activity” includes
obstructing doors or hallways,
seizing control of buildings, pre
venting or disrupting classes or
other authorized assemblies by
force or threat of violence, and
obstructing campus entrances.
Language outlawing disrup
tions by “loud or boisterous con
duct” was knocked out after sev
eral members said this was
ambiguous and could lead to
injustices.
AMENDMENTS added to the
bill would bar a student from
attending a state-financed or as
sisted school for two years if
convicted three times of violat
ing the bill and would deny state
loans to students convicted twice.
Another amendment guarantees
that students engaged in peaceful
forms of protest would not be
prosecuted.
Several members complained
about the bill’s being rushed out,
without copies being distributed
to all members so they could
follow the debate. House rules
were suspended, 113-32, to take
up the bill without printing and
without being placed on a calen
dar.
IN OTHER action, the Senate:
• Adopted a House resolution
inviting Atty. Gen. Crawford
Martin to address the legislature
March 3.
• Concurred in a minor House
amendment to a bill allowing the
Animal Health Commission to use
pesticides other than arsenic dip
in livestock tick eradication pro
grams. This bill goes to the
governor.
• Passed, 28-0, and sent to the
House a bill allowing vehicles
with “snow tires” to travel on
state highways if they cause no
damage.
• Approved, 28-0, a bill author
izing University of Texas Regents
to accept the Southern Pacific
Hospital in Houston for use by
the M. D. Anderson Hospital and
Tumor Institute. Last year the
institute proposed using the hos
pital to rehabilitate cancer pa
tients. The bill goes to the House.
• Refused to suspend rules and
consider a bill allowing criminal
indictments to allege more than
one offense.
• Passed a bill, sending it to
the House, that would allow Texas
residents to buy rifles, shotguns
and ammunition in neighboring
states.
Musgrove Notes
Rise In Drug Use
Sbisa, Duncan Halls List Hours
F or Meals For Military W eekend
Sbisa Hall’s main dining facili
ties will be temporarily changed
for the Combat Ball and Military
Ball scheduled Friday and Satur
day respectively, Dean James
Hannigan announced.
“Some civilian students will eat
their noon and evening meals in
Duncan Hall Friday,” said Han
nigan.
The noon meal — in modified
cafeteria style — will be served
at 11:14 a.m., 12:15 p.m., and
1:15 p.m. for some 1,800 civilian
board students.
Students involved are from
Hart, Law, Puryear, Mitchell,
Leggett, Milner, Walton, Hotard,
Keathley and IMcInnis dormitories.
Supper in Duncan will be at
5:15 for both cadets and 1,200
civilian students from Hughes,
Moses, Davis-Gary, Crocker,
Moore and Schumacker dormi
tories.
Hannigan added that all seven-
day civilian board students will
eat in Sbisa March 1 and 2. He
pointed out that the athletes
“generously consented” to eat in
Sbisa basement.
Meals will resume in Sbisa’s
main dining hall for supper Sun
day, Hannigan said.
By TONY HUDDLESTON
Battalion Staff Writer
Drug use is on the rise in both
the state’s city and rural areas,
noted State Rep. Burk Musgrove
at Wednesday’s Political Forum.
The U. S. Justice Department
estimated drug arrests have in
creased by 450 per cent in eight
years, he pointed out.
“A higher degree of drug abuse
is apparent in the big cities than
in rural areas, but it’s bad
enough in my district where a
large number of drugs was re
cently seized at Cisco Junior
College, the representative from
the Dallas-Fort Worth area noted.
“It seems the problem will con
tinue and we’ll never be able to
completely remove it,” Musgrove
added. “What is needed is a care
ful blending of flexibility, cau
tion, education, reasonable laws
and not over-reaction. We must
limit the source of supply and
provide a good rehabilitative ef
fort to minimize the number of
people involved in the drug abuse
problem.”
Musgrove has introduced legis
lation this year calling for stricter
penalties for persons illegally
selling and distributing drugs to
minors.
The Breckenridge native re
marked the effort was not “to
make paper criminals out of a
bunch of youngsters. We have to
get at the adults involving our
youth, who have neither the ma
turity nor knowledge to under
stand the consequences of drug
abuse.”
“It’s the person like the 45-
year-old woman who threw a ‘pot
party’ for a bunch of kids in one
of the state’s big cities that we
need to rap and rap hard,” Mus
grove vowed.
Legislation is not the complete
answer, the 26-year-old lawmaker
said. “Laws are only as strong
as the public will allow them
to be enforced,” he said.
But this will help the situation,
he said. “The State Board of
Drugs needs the authority to
temporarily classify drugs as
dangerous before they come on
the market.”
“Stronger laws are needed to
make it illegal for a person to
obtain drugs, not just get them.
The students, parents and citi
zens of this country must be
educated to the effects of drug
abuse.”
Law enforcement officials also
must be trained in better ways
of enforcing and understanding
the drug laws of our state.
He cited the fact that the De
partment of Public Safety had to
turn down one out of every four
cases, in which cities and coun
ties had asked for assistance in
drug cases due to a lack of per
sonnel. “A stepped-up effort is
needed in the DPS if we are to
successfully combat the fight
against drug abuse in our state,”
Musgrove said.
He also said that a responsible
press is needed if the abolition
of drugs is to be accomplished.
“The media quotes one doctor
who says LSD is not harmful but
there are 400 more who say it
is,” he pointed out.
“Five years ago, the average
(See MUSGROVE’ Page 4)
Senate To Meet
In Coke Building
The Student Senate will meet
at 7:30 p. m. tonight in the
faculty conference room on the
second floor of the Coke Build
ing, rather than in the library
conference room, as was orig
inally announced, according to
Senate President Bill Carter.
University National Bank
“On the side of Texas A&M.
—Adv.
8 Finalists Selected For Combat Cutie Contest
Applications Due
For Scholarships
For Law School
Applications of qualified pre
law students for a Tulane School
Law regional scholarship are
by March 15, announced the
'iniversity pre-law adviser.
Dr. J. M. Nance, History De
partment head, said any currently
enrolled senior or honor student
*ho will complete three years'
study by the time of contemplated
anrollment are eligible.
The regional scholarship offered
awiually to an A&M pre-law stu-
kiit by the New Orleans institu
tion covers tuition of about $1,340
4 year and is renewed annually.
Nance said minimum applica
tion requirements include a “B”
average and score of 500 on the
W School Admission Test. In
terested students should contact
^ance at 208 Nagle before March
Ml
DIANE ELAINE HOFF
By JANIE WALLACE
Battalion Staff Writer
The 1969 Combat Cutie will be
selected from eight finalists at
the Combat Ball during the Mili
tary Weekend, according to Ar
thur Stites, chairman of publicity.
The Combat Ball will start at
9 p.m. Friday in Sbisa Dining
Hall following the Southern
Methodist basketball game in G.
Rollie White Coliseum, according
to Arthur Stites, chairman of
publicty.
The Combat Cutie will be one
of these:
A freshman accounting major
at Baylor, Judy Ann Allen, is
from Temple. She has green eyes
and brown hair. Her escort is
Gerald DeCola.
Barbara Jo Babin, a brown
eyed brunette, is an elementary
education major at Stephen F.
Austin College. Her escort is
William T. Luikens and she is
from George West.
A GREEN-EYED blonde, Mar
tha Jane Duncan, is a junior at
W. B. Ray High School. She is
from Corpus Christi and her es
cort is Robert N. Connell.
A saleswoman in Beaumont,
Kay Hicks, has blue-green eyes
and brown hair. She is a graduate
of West Orange High School. Her
escort is Robert Turney.
Diane Elaine Hoff, a resident
of San Antonio, is a bank teller
at Citizen’s National Bank. She
has brown eyes and brown hair.
Her escort is David Reed.
A sophomore at Texas Wom
an’s University, Barbara Pauline
Showers, is a physical therapy
major. She has blue eyes and
brown hair. Her escort is James
Benson and she is from Altus
AFB, Okla.
A BLUE-EYED blonde, Lenora
Laura Stoffer, is a freshman dress
designing major at the University
of Houston. She is from Orange
and her escort is Johnny Dias.
Virginia Charlene Williams, a
sophomore at Sam Houston State
College majoring in home econom
ics, has blue eyes and brown hair.
She is from San Antonio and her
escort is Dennis G. Johnston.
The finalists were selected by
photograph elimination committee
consisting of two representatives
from each of the four classes.
The first Corps of Cadets re
view of 1968-69 will kick-off
activities of the Military Week
end which include two dances, the
Combat Ball Friday and the Mili
tary Ball Saturday.
The finalists are invited to a
coffee reception at the Birch
room in the Memorial Student
Center so that the judges can be
come better acquainted with the
girls.
Judges on the selection commit
tee are Joe Hely, Mike Bishop,
Lynn Irby, Harry Snowdy, Lynn
Odom, Tommy Little, and Stites.
After the SMU game,' the
Combat Ball will feature the
Clique from Houston. The theme
of the ball will be a “Midnight
Patrol in the DMZ”. Dress will
be class C. Girls can wear any
dress in keeping with the theme
or party dress, Stites said.
Tickets to the Combat Ball for
Air Force seniors are $1, sold in
room 123 in dorm 2. At the door
tickets are $2.
VIRGINIA WILLIAMS
Bryan Bailding & Loan
■mrog Association, Your Sav-
inga Center, since 1919.
BBfeL. —Adv.
m
w 'to i
LENORA LAURA STOFFER
KAY HICKS
BARBARA SHOWERS
JUDY ANN ALLEN
BARBARA JO BABIN
MARTHA JANE DUNCAN