A/s benefits end with marriage
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WEDNESDAY; NOVEMBER 9, 1977
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I United Press International
WASHINGTON- The Supreme
urt Tuesday unanimously upheld
igress power to cut off Social Se-
ity payments to a disabled child
any other secondary beneficiary
marries someone not entitled
benefits.
For a long time, federal law
ivided that all secondary benefits
ise on marriage. But in 1958,
ingress changed the rules to
ide that marriage of disabled
y
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34.
children, widows, widowers and di
vorced wives to persons who them
selves were eligible for benefits
would not stop either income.
Otherwise the couple would have
no Social Security.
The opinion by Justice John Paul
Stevens reversed a decision by U.S
District Judge John Oliver of Kansas
City finding the amendment uncon
stitutional.
It came in a suit brought by John
crew publisher
me of conviction
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United Press International
Kansas city, Kansas—
rew magazine publisher Al Gold
in says he is convinced he will be
nvicted of 12 federal obscenity
arges by a jury which is expected
start deliberating bis case this
lek.
“I feel like Tve been invited to a
idling,” the New York publisher
id Monday. “These are not a jury
my peers. Not one of them had a
strami sandwich for lunch.
THE OBSCENITY TRIAL for
aldstein and his former associate
mes Buckley began Oct. 25. The
larges are related to 12 issues of
Tew and Smut — self-billed as tbe
odds dirtiest newsapaper —
were mailed to Kansas in
B<4.
Itis their second obscenity trial in
ansas. A guilty conviction re-
med by a Wichita jury in 1976 was
erturned because of prejudicial
atements made by the prosecutor
dosing arguments.
The Wichita trial cost me
!00,000 and this trial probably will'
ist about $250,000,” Goldstein
id “Even if I win. I’ve lost. ”
Dr. Walter Menninger, a
ychiatrist at the Menninger
oundation in Topeka, is expected
testify for the defense today. It
ill be the first time Menninger has
stifled in a criminal case.
AT THE TRIAL Monday, a lead-
ig psychologist told the court pho-
igraphs in an issue of Screw
lagazine might be considered ugly
offensive but none of them ap-
saled to the prurient interests of
le average person.
There are a good number of
eople who would be aroused by
lese pictures,” Dr. Waddell
omeroy told the court. “But the
\ direc-
:ommit-
le. Kis-
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lanced
be by
nfo-gathering cruise
aids satellite program
pictures would appeal to their erotic
interest in sex — not their prurient
interest. Prurient is appealing to
some sick, morbid or shameful
interest.
The San Francisco psychologist
and sexologist was one of the origi
nal partners of Dr. Alfred Kinsey
and conducted 8,000 interviews for
the Kinsey reports on human sexual
ity published in 1948 and 1953.
Defense attorney Herald P.
Fahringer showed Pomeroy and the
jury blown-up pages of one of the 12
issues of Smut and Screw that were
mailed to Kansas. Many of the pho
tographs depicted nudity, oral sex
and sexual intercourse.
“Does this photograph appeal to
the purient interests of the average
person,” Fahringer asked while
holding up a picture of a woman
strapped to a table.
“It might appeal to the prurient
interest of someone who is
sadomaochistically inclined, but the
average person is not sadomaochis
tically inclined, Pomeroy re
sponded.
FAHRINGER THEN showed
two pictures of persons urinating on
each other and asked the 63-year-
old psychologist if they appealed to
the morbid or shameful sexual
interests of the average person.
“For someone interested in what
is known as water sports or golden
showers — than this might appeal to
their prurient interests,” Pomeroy
said. “But those type represent less
than 1 percent of the population.
For the majority of people this type
of picture would be a complete
turn-off. It would disgust them.
Pomeroy defined the average
person as a heterosexual adult with a
high school education and a normal,
healthy sexual drive.
A team of Texas A&M University
ceanographers, working with sci-
ntists from around the world, has
ist returned from a cruise aboard
exas A&M’s research vessel R/V
lyre which was designed to aid
IASA in their Nimbus-G satellite
rogram.
The cruise occupied several sta-
ions from south of Galveston to the
)ry Tortugas in Florida across to
ie mouth of the Mississippi River
nd finally down to the Campeche
lanks north of the Yucatan Penin-
ula.
Dr. Sayed Z. El-Sayed was the
hief scientist on the NASA-
ponsored cruise. He said that the
irimary purpose of the “Coastal
-one Color Scanner Cruise” was to
(induct baseline experiments and
collect data regarding ocean color
md chlorophyll concentrations,
uspended sediments and tempera-
nre.
“The information that we accumu-
ated on the ship will be compared
nth observations made by NASA
lircraft during overflights of the R/V
Gyre and the NOAA ship Re-
iearcher,” El-Sayed said.
“We would like to find out if the
iurface data collected by ship can be
correctly correlated with the obser-
rations made from thousands of feet
overhead. If these readings agree, it
ollows that a satellite such as the
N'imbus-G could provide instan
taneous information about areas of
ocean high productivity, the Red
Tide’ phenomenon and the pollu
tion of coastal waters,' he said.
The Coastal Zone Color Scanner
a multi-spectral device designed
to study processes in coastal zones
by remote sensing of both color and
The Battalion
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(not pictured: Jane Kroll)
PROFESSIONAL
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1510 Holleman
College Station
693-1772
SEBRJNG
Jobst, disabled from birth by cere
bral palsy. Jobst had been supported
by his father, an insured wage-
earner.
When his father died, Jobst was
awarded child’s insurance benefits
at age 25. In 1970 he married some
one not eligible for payments. But
the woman was unable to support
them because she also had cerebral
palsy, and they later separated.
Jobst argued that the law dis
criminated against a disabled child
in his situation compared to a child
marrying another second benefi
ciary. Stevens found the classifica
tion much broader, since the law
applies to widows and others as well.
Stevens said general rules are es
sentia] if an undertaking as huge as
Social Security is to be administered
“with a modicum of efficiency, even
though such rules inevitably pro
duce seemingly arbitrary conse
quences in some individual cases.”
He said the general rule termina
ting secondary benefits upon mar
riage is unquestionably valid, and
the 1958 exceptions for marriages
between beneficiaries also are per
missible.
In the court s only other opinion
Tuesday, it ruled unanimously that
state court suits against a national
bank may be tried in any county
where the bank conducts business at
an authorized branch, and need not
be restricted to the location listed in
its federal charter.
temperature, El Sayed said. “It is
the first such sensor specifically de
voted to oceanographic mea
surements such as these.
The package was developed to
help the oceanographic community
determine if useful ocean color mea
surements could be achieved with
such sensing,” he said. “The CZCS
will be one of the seven sensors that
make up the payload of the
Nimbus-G which is scheduled for
launching in August 1978.”
Among national and international
organizations participating in this
cruise were: NOAA/NESS; NOA-
A/Pacific Marine Environmental
Lab, Seattle; NASA Ames Research
Center; Council of Scientific and
Industrial Research, South Africa;
and the European Association of
Scientists for Experiments in Pollu
tion.
Happy Cottage
[across from Lubijs]
is
Music Box World
A
Dozens of music boxes &
musical figurines to choose
from.
Also stereo albums of an
tique music boxes.
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3806-A OLD COLLEGE ROAD 846-5803
Next to Triangle Bowling Alley Open 10-6 Mon.-Sat.