Che Battalion
Vol. 68 No. 14
College Station, Texas
Wednesday, September 25, 1974
Review of illegal
session to be held
Emergency council meeting
called to deal with utilities
The Brazos Valley Development closed session to discuss only per-
Council will hold a meeting Oct. 3 sonnel matters, pending litigation
to reconsider decisions made in to which the body is a part, or the
closed session at last month’s meet- acquiring of land or real property,
ing. Three firms submitted proposals
In executive session the council during the session: Southwest Re
heard proposals from firms in- search Institute of San Antonio,
terested in conducting an evalua- South/West Planning Associates of
tion of local emergency medical ser- Bryan and Alexander Grant and
vices. Company of Dallas.
County Judge William R. Vance, District Judge William Davis,
legal council to the BVDC, told The chairman of the BVDC executive
Battalion the closed session violated committee, said the firms have been
the Texas Open Meetings Law. sent a letter explaining the error and
The open meetings law allows asking them to resubmit their prop-
governmental bodies to meet in osals in the open session.
By STEVE GRAY
Staff Writer
College Station City Council,
meeting in an emergency session
Tuesday afternoon, voted unanim
ously to give Mayor O. M. Holt au
thority to release any claim the city
may have in a blanket utility ease
ment covering a two-acre tract at
Eastgate.
The tract, located between Pop
lar and Live Oak Streets off High
way 6, is being purchased by Build
ing Consultants 2, Inc. The land is
owned by Tommy Arhopulos of
Wellborn.
The emergency meeting was cal
led when a representative for
Arhopulos asked where the ease
ments were located on the tract at
the council’s regular meeting Mon
day night. The matter was held until
Tuesday afternoon so that the coun
cil could study the locations on a
Rocky ’s view of Nixon
‘Acceptance indicates guilt’
WASHINGTON (AP)—Vice
President-designate Nelson A.
Rockefeller said today that former
President Richard M. Nixon’s ac
ceptance of a presidential pardon
^ was in his view “tantamount to ad
mitting guilt.
| Rockefeller made the comment as
his vice presidential confirmation
hearings before the Senate Rules
Committee went through a second
day.
All indications were that the
panel would overwhelmingly ap
prove the former New York gover
nor for the nation’s vacant No. 2
post. »
He backed off slightly from his
insistence Monday that the Rock
efeller family’s economic power was
a myth.
Under questioning by Sen.
Robert C. Byrd, D-W.Va., he con
ceded that Rockefeller wealth did
involve a potential influence on the
world’s and nation’s economy.
On the pardon, Rockefeller re
peated his earlier support of Ford’s
action as “the right thing at the right
time,” considering all the circums
tances.
In summing up the climax of the
events of the past two years. Rock
efeller said: “The President ac
cepted a pardon which, in my opin
ion, is tantamount to admitting
guilt.”
On Monday, at the opening of
hearings before the Senate Rules
and Administration Committee on
his nomination to be vice president.
Rockefeller said the widespread be
lief that his family can control the
economy through interlocking per
sonal, institutional and corporate
fortunes is myth.
As the second day of hearings
began Rockefeller was asked re
peatedly by Sen. Robert Byrd,
D-W.Va., if he would be able as vice
president or president to separate
the interests of big business from
those of the nation.
“Yes, sir, no problem,’’ the
former New York governor replied.
As the hearing began, committee
Chairman Howard W. Cannon,
D-Nev., chastised the nation’s
three television networks for not
carrying the hearings live.
Cannon said the networks were
doing the public a disservice by not
giving the hearings more attention
and broader coverage.
Mutscher bribery
conviction upheld
AUSTIN, Tex. (AP) — The con
victions of former House Speaker
Gus Mutscher and two associates on
charges of conspiring to accept a
bribe were upheld unanimously
Tuesday by the Texas Court of
Criminal Appeals.
Mutscher’s lawyer, Frank
Maloney, said a decision would be
made soon on whether to appeal to
the federal courts.
Indicted three years ago Monday,
Mutscher, former Rep. Tommy
Shannon of Fort Worth and
Mutscher aide Rush McGinty drew
five-year probated sentences on the
Ides of March, 1972, after convic
tion by an Abilene jury.
The state charged them with ag
reeing to accept bribes in the form
of loans from the Sharpstown State
Bank of Houston promoter Frank
Sharp in 1969.
The money was used to buy stock
in National Bankers Life Insurance
Co., which was controlled by Sharp.
In exchange for loans, the state
alleged, the defendants worked for
the passage of two banking bills
Sharp wanted.
The bills passed but were later
vetoed by Gov. Preston Smith.
The defendants sold NBL stock
the day after the bills passed for
twice the over-the-counter price.
The buyer was a Jesuit priest who
was a friend of Sharp.
The Mutscher trial was the most
widely publicized event growing
out of a series of scandals that rocked
state government two years ago.
The turnover in the House mem
bership was more than half.
Musicians cancel
TAMU concert
for second time
hoggins and Messina cancelled
an appearance at A&M for the
second year in a row.
The group lost a horn player and
felt it could not give,a quality show,
said Doug Thorpe, chairman of
Town Hall.
An alternative group was
discussed for the Oct. 18 date at the
MSC Directorate meeting Monday.
Directorate members decided to try
to get Guess Who, but no definite
plans have been made.
Thorpe said that refunds will be
available for those who have
ordered tickets.
Senate Republican Leader Hugh
Scott voiced a similar criticism on
Monday.
Byrd turned the questioning to
last winter’s energy crisis and Rock
efeller said he does not believe the
nation’s oil companies willfully
created a petroleum shortage last
year as part of a conspiracy to raise
their prices.
“In my opinion if the United
States last year had not had si* or 12
major oil companies producing or
distributing oil around the world
this country would have faced a
major disaster,’’ Rockefeller said.
Rockefeller presented a short
statement clarifying the financial
situation of Rockefeller Center in
New York City.
He said the center’s net worth as
of Dec. 31, 1973, was $123 million,
most of which is accounted for by its
ownership of buildings.
He said the at-cost value of sec
urities held by the center amounts
to about $13.9 million.
Rockefeller underwent question
ing on Monday about matters rang
ing from his personal and family fi
nances to his approval of New York’s
controversial abortion reform law.
plat.
Pat Cooper, vice president and
secretary for the corporation, ap
peared before the council Tuesday
and asked if the easements had been
located.
He said the exact locations were
needed before any construction
could begin after the land was
purchased.
“There is a blanket easement lo
cated across the entire tract of land,
which means the city has the right to
place utilities anywhere it wants to
on the easement. We were trying to
get the specific locations from which
the utilities were crossing from,”
Cooper said. ,
The Bryan Rural Electrification
Administration (REA) has owned
the easement since 1939. A water
and sewer line runs parallel to the
tract along Live Oak Street. A
power line easement also runs along
Highway 6 in front of the tract.
Cooper told the council he knew
nothing about the easement until
Tuesday.
“Once we purchase the property
we will grant the city an easement
for the water and sewer line that
already exists,’’ Cooper said.
He also said a future easement
will be granted to the city for a storm
sewer running from Poplar Street to
Highway 6.
City Manager North Bardell said
Cooper did not know of the water
and sewer easement because it was
never recorded.
“We cannot find any record of an
easement where that sewer line is
located. Apparently, in 1947 there
was a water line and a sanitary sewer
line installed along Live Oak Street.
We had to actually dig up the line in
three places to make sure it actually
existed,” Bardell said.
Bardell said the new owners of
the tract will grant the easements as
soon as possible.
“The property transfer will prob
ably take place as soon as the city of
Bryan releases their blanket ease
ment,” Bardell said.
NEW SHELVING for the library will help alleviate the problem
of new materials having no place to be displayed. These are the
beginning of $70,000 worth of new shelving. (Photo courtesy of
University Information)
County park plans stalled
Action on grant application awaited
By ROSEMARY TRAVERSO
Staff Writer
Preparation for the Brazos
County Park is at a standstill be
cause of uncertainty over financial
aid from the Economic Develop
ment Administration (EDA).
Application for a grant was made
to the EDA on Sept. 9 by Brazos
County. The park site consists of 50
Today
“Reform” legislation in 1973
curbed the speaker’s power and im
posed financial disclosure require
ments on state officials.
The defendants attacked the con
victions on three main grounds: in
sufficiency of the evidence, legisla
tive immunity and vagueness of the
bribery statute. All three of these
might be used in any appeal to fed
eral courts.
The state failed to ask Sharp if
there was a conspiracy. This was a
strong circumstance showing Sharp
would have said no and therefore
that no conspiracy existed, the de
fense said.
The high court’s 34-page opinion,
written by Judge W. A. Morrison,
said there was an important distinc
tion between this case and one re
lied upon by the defense. The in
dictment in this case carefully av
oided naming Sharp as a co
conspirator, Morrison said.
“Under this indictment, the state
was required to prove only that an
agreement among the appellants
defendants had been made,” the
judge said.
The speech and debate clause of
the U. S. Constitution does not
apply to state legislators, Morrison
said, and legislative immunity
granted in the Texas Constitution
does not shield illegal conduct.
On the vagueness point, Morri
son quoted from the defense brief:
“The ultimate question to be resol
ved is: ‘Does the title of the bill give
fair notice of its contents?’ ”
“We answer this question,” Mor
rison said, “with a resounding ‘Yes.’
“When the appellants accepted
their positions of trust they were
charged with the knowledge that
the law prohibited them from cer
tain types of conduct. A part of this
prohibited conduct was that they
might not enter into an agreement
to assist in the passage of legislation
in exchange fora reward,” Morrison
said.
The judge said the bribery statute
clearly warned “anyone of ordinary
intelligence that the kind of conduct
embarked on by appellants would
constitute an offense.”
Mutscher’s wife, Donna, Miss
America of 1964, stood by him
throughout the 1972 trial. Last
June, she filed for a divorce. He
reportedly is in the cattle and real
estate business in his home town of
Brenham.
Today in the Batt
Music review . . . .p.
UT president . . . .p.
Big Thicket p.
Weather
Mostly cloudy with inter
mittent rain Wednesday.
Northeasterly winds 12-17
mph. High 72°. Becoming
partly cloudy and warmer
Thursday with a high of
80°. Low tonite 60°.
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acres just east of the Highway 6 by
pass and south of the proposed
Briarcrest Drive East extension.
Plans for development of the
county’s first park were initiated by
the County Commissioners Court
in June. A planning grant for the
park has been obtained from the
EDA through the Brazos Valley
Development Council.
County Judge William R. Vance
and County Commissioner Walter
Wilcox, coordinator of the project.
agreed that no definite plans can be
made until the EDA decision is
known.
“The EDA decision will mean
two things,” Vance said. “It will tell
the amount of bond needed and
whether we can afford the park or
will have to do it in stages.”
The maximum grant rate in the
Brazos area is 50 percent of the total
cost of the project, said Jan Miller,
EDA spokesman. The cost is esti
mated at $1.5 million.
“We need to know where all the
money will come from before we ask
the people to vote on it, ” Vance said
Thursday. “There will be no way to
get a bond issue in the 45 days be
fore the November elections.”
According to Miller, the EDA
should reach a decision within a
month. The Brazos County Park is
only one of the many applications,
totaling $135 million, presently
under EDA consideration.
ACLU blasts ‘bribe’ system
on basis of denial of rights
Dual interest
By MARY RUSSO
Staff Writer
A sophisticated bribe system to
modify human behavior has come
under fire by the American Civil
Liberties Union (ACLU) on the
basis of denial of basic human rights.
The ACLU charges certain prog
rams run under the token economy
system with making basic human
living impossible under the im
posed conditions.
B.F. Skinner, Harvard be-
havioralist, first forwarded the idea.
Token economies were used in
* * *
Prof feels conflict
A basic conflict of interests is
bothering John Kagel, Brazos
county ACLU president. He has re
cently become aware of the possible
illegality of research in the field of
behavior modification and token
economies.
Kagel is a member of the
Economics Department and has
done experiments on behavioral
economics.
While doing research, Kagel
studied the effects of inflation on a
closed economy run on the token
system. The subjects were patients
in the Central Islip State Mental
Hospital in New York.
“These patients laid in their beds
Assault, theft
unable to do anything for them
selves. The token economy worked
in getting them moving again,”
Kagel said.
The tokens were awarded to the
patients as they got up and around.
Initially the patients worked for to
kens to purchase their meals. As the
patient’s skills improved they
worked for greater numbers of to
kens.
The experiment made the tokens
worth less when buying luxury
items, said Kagel. “This became a
basic denial of rights for some pa
tients who were unable to keep up
with the rising inflation of the
goods,” he added.
A good deal of research money is
tied up in behavior modification and
Kagel stated that one doctor he
worked with at Islip feels
threatened.
“But the situation should be
threatening to them. If people are
messing around with someone’s
legal and moral rights, even their
jobs should be jeopardised,” said
Kagel.
As a member of the ACLU, per
sonal rights are basic to him, Kagel
says. With the challenges ACLU is
making on behavior modification,
Kagel’s choice of experimentation is
going to be much tougher in the
future.
mental hospitals with great success
to “cure” extremely apathetic and
dependent patients. The system has
since been used in prisons, schools
and homes for juvenile deliquents.
In hospital situations, food was
taken away until the patient con
formed to medically prescribed
manners. Keeping himself clean,
being well-mannered and various
“socially acceptable” actions were
the immediately rewarded be
haviors. As treatment continued
such things as doing odd jobs and
learning to read were rewarded
with tokens.
With the tokens, the patients
were allowed to buy extra food, out
side passes, rent for a dormitory
room and other desirable goods.
When token economies moved
into other fields, such as prisons,
taking food away became a conflict
of basic riehts.
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The Virginia ACLU was the first
to challenge the program in a
prison.
“They are incarcerated and they
should have a choice about what
happens to them. They have the
ability to make the choice and
should be given the right to make
it,” said local ACLU president John
Kagel.
The Virginia ACLU has sued to
take federal monies away from the
Virginia program.
“The ACLU has really gone off
half-baked on this issue,” said Al
bert Casey, behavior modification
specialist with the Psychology De
partment.
“Professionals use only the most
humane standards and methods,
and professionals are involved in the
Virginian program. I wish the
ACLU would do their homework,”
Casey said.
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Sparky to have court date
EXAGGERATED PERHAPS, but it gets the idea across. These
cartoons demonstrate the questions raised by the ACLU about
some token economy experiments. The experiments are used
both to rehabilitate and for research. (Art by James Rawson)
Malcolm “Sparky” Hardee will go
to court today on two charges of as
sault and one charge of theft.
The College Station, a night club,
filed charges against Hardee over an
incident that occurred July 24 when
some circulars were distributed
contending that the club treats its
people better than Sparky’s, owned
by Hardee.
“I had a little fight over this with
John Morris and Carl Khuen,” Har
dee said.
Morris said, “Sparky came over to
the place and apologized and I have
decided to drop all charges.”
Morris said Tuesday, “That will
be made official in court today.”
Hardee will still have to face a
theft charge, stemming from an un
related incident.
Cullen Mancuso, owner ol
U-RENT-M at 1904 Texas Ave., has
filed charges against Hardee alleg
ing the theft of a $90 paint spray
gun.
Hardee explained, “During my
political campaign in April I hired a
sign painter to make some posters. I
did not know he rented the gun and
he never asked me if he could. If he
had, I would have known then.”
Hardee was arrested for not re
turning the gun or paying for it in
August. He was released on $1,50C
bond.