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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (June 24, 1980)
The Battalion Serving the Texas A&M University community Tuesday, June 24, 1980 College Station, Texas USPS 045 360 Phone 845-2611 Federal judge dismisses portion of Zentgraf suit from the tournament, held last Friday- Sunday at Texas A&M, see page 5. Staff photo by Lee Roy Leschper Jr. by BECKY SWANSON Battalion Staff Portions of the sex discrimination suit filed by former cadet Melanie Zentgraf against Texas A&M University last year have been dismissed by U.S. District Judge Ross Sterling. In a memorandum filed June 4, Sterling ruled that monetary damages cannot be awarded in the case unless approved by the Legislature since the University is related so closely to the State of Texas as to be a part of the state. However, Zentgraf does have “cognizable” claims under the equal protection clause of the 14th Amendment of the U.S. Constitution, Sterling said. In the 18-page ruling. Sterling also said he would consider the University’s plea for exemption from Title IX. The University contends the Corps falls under an exemption granted organizations whose purpose is to train military personnel. Title IX is the federal government’s regulation prohibiting sex discrimination in institutions re ceiving federal funds. The class-action suit, filed by Zentgraf on behalf of herself and other female cadets at Texas A&M University, charges that Texas A&M University; Dr. Jarvis E. Miller, Texas A&M president; Dr. JohnJ. Koldus, vice president for student services; Col. James R. Woodall, commandant of the Corps and Robert J. Kamensky, then Corps commander, violated federal and state statutory and constitu tional provisions by excluding women from several Corps-affiliated organizations. The suit names the Ross Volunteers, Parsons’ Mounted Cavalry, the Aggie Band, Rudder’s Ran gers, the Fish Drill Team and the Brigade Color Guard as organizations women are excluded from. The suit also maintains “that Defendants have declined to implement non-discriminatory policies towards women and that Defendants have perpetu ated discriminatory practices and encouraged harassment of the female members of the Corps of Cadets.” The Justice Department originally would have had to defend Woodall in the suit, since he is a federal employee. However, in November 1979, the department arranged to have Woodall dropped as a defendant so that it would be free to intervene in the case on Zentgraf s behalf. Sterling ruled that the University was created by the State, is governed by appointees of the gov- Sterling also invalidated a Justice Department request to compel Texas A&M to require female undergraduates the opportunity to receive military training. ernor, and therefore the State is the party at in terest in the suit. The 11th Amendment to the Texas Constitution prohibits the award of monetary damages in federal court against the State or its agencies, unless the State has consented. Sterling said. Koldus said it was his understanding that Zent graf can still pursue monetary damages against the individual defendants, but negligence of constitu tional or statutory law would have to be proven. Sterling ruled that “to establish personal liabil ity, (a plaintiff) must demonstrate that the official in question knew or should have known that the ac tions taken in his official capacity would violate the Plaintiff’s constitutional rights, or that the action was taken with malicious intention to so deprive or inflict other injury.” The defense requested an exemption from Title IX under a federal statute which establishes an exemption for any educational institution with the primary purpose of training individuals for the military services of the United States. Sterling said, “The statute provides that in inst ances where an institution is composed of more than one school, college, or department, which are administratively separate units, each such unit is considered to be an educational institution. “To qualify for exemption ... the Corps of Cadets of Texas A&M University must meet the following prerequisites: (1) the Corps must qualify ... as an ‘educational institution’ within the University; and (2) the Corps must have the primary purpose of training individuals for the military services of the United States.” Sterling also invalidated a Justice Department request to compel the University to comply with a federal statute requiring that any “military col lege,” in order to maintain that designation, pro vide qualified female undergraduates the oppor tunity to receive military training. The judge said the statute in question conferred no powers upon the Justice Department. Sterling said although the statute requires en rollment of female cadets, the regulation only re quires non-discrimination “with respect to admis sion to the institution ... on the basis of race, color, or national origin,” providing “no basis for specific enforcement” with reference to sex. Sterling also said he interpreted a defendants’ motion as a request for partial summary judgment, and gave all parties an additional 45 days to submit all material pertinent to such a motion. hurchgoers believed ssault ‘anotherprogram United Press International iINGERFIELD — Dressed in com- ear and armed with four guns, former teacher Alvin Lee King III brought m" to the First Baptist Church, e he had sought character witnesses s incest trial, police say. is accused of killing five people and iding 10 others in the Sunday morning (on the congregation. King under surgery Monday at a Galveston hos- for a head wound: the last shot he came on the lawn of a fire station and lirected at his head, ng, 45, burst into the church auditor- Sunday morning, announced “this is [and opened fire with an AR-15 rifle, te said. Many of the worshipers first light King was part of skit to dramatize day’s sermon, similar to a program last when some of the church’s teen-agers ssed as Nazis and pretended to invade thurch. it King’s appearance was no act and a (ear-old woman and a 7-year-old girl ^killed before he could be wrestled out fe building. fece on the front lawn King pulled a taliber pistol, officers said, and killed men who had tried to subdue him. A person died hours later in a nearby ital, and 10 others were wounded in did outburst, which lasted less than a ite. ng then went across the street to a fire station and shot himself in the head. He was sent in stable condition to a Tyler hos pital, where his wound, a slight graze, did not require immediate surgery. Police Monday continued interviewing residents and King’s wife to learn more about his motives and determine where he obtained his arsenal. Dan Gilmore, a minister and music edu cation director at the church, said church officials had no explanation for King’s ac tions. However, Morris County Attorney Bill Porter said King, described by a former student as an atheist, had asked several members of First Baptist, the largest “...he had pulled a pistol and I started crawling for the stairs. ” church in the town of2,600, to testify in his behalf at his incest trial, scheduled to begin Monday in nearby Sulphur Springs. King, who once taught at Daingerfield High School, was indicted in October 1979 in a 1977 incest incident involving his daughter, who was then 18. “I had heard that he had approached several members of the congregation and asked them to testify,” Porter said. “I know of one incident specifically where the per son said they wouldn’t (testify). I don’t know if anyone had agreed to be a witness or not. ” King’s wife, Gretchen, said he tied her up and left the house Sunday about 9 a.m. without hurting her. He showed up at the church at 11:20 a.m., in the middle of the congregation’s second hymn, wearing Army fatigues, a helmet and a bulletproof vest. He las armed with an AR-15 with bayonet and scope, a bayonet-equipped M- 1, a .22-caliber pistol and a .38-caliber pistol. Church member Chris Hall, who had been in King’s math class about eight years ago, was seated in the back of the auditor ium, where King entered. “He opened the door with his gun and it made a loud noise when he did it,” Hall said. “Immediately he started firing. He got off about six shots before I could get a hold of the gun. “I wrestled him back to the lobby and got the gun (the rifle) from him but lost my balance and fell back,” Hall said. “I looked up and he had pulled a pistol and I started crawling for the stairs.” All three shots at Hall missed but two men who rushed to his aid were killed. “Last year the preacher was going to talk about communism and religion and before the sermon started, a bunch of men wear ing uniforms came bursting into the sanctu ary,” said Arthur Greaves. “So this time we just thought it was another program.” Western leaders produce nergy accord at summit United Press International 'ENICE, Italy — Western leaders agreed Monday on a new »to decrease dependency on oil over the next 10 years and Mop new sources of energy — including the nuclear field. TTiis strategy requires conserving oil and substantially increas- production and use of alternative energy sources,” the leaders ie United States, Canada, Japan, Britain, France, Italy and St Germany said in a joint declaration ending their two-day Qmit Die allied leaders, who canceled their final afternoon meeting Suse they finished their work early, expressed skepticism iday about a Soviet pledge to withdraw its troops from Afgha- tan. Resident Carter called the Soviet invasion “a profound atilt.” ds part of their new plan, the seven nations called for doubling J production by the early 1990s and expanding nuclear energy Auction, while indirectly calling on the United States and aada to increase domestic fuel prices to the world level. Hie allied leaders said the reduction of inflation “is our immedi- ! top priority,” even at the cost of increased unemployment and itical difficulties. Hieir joint declaration said boosting prices should be used erever possible as the best means of limiting demand for ! ergy. The economic message from this Venice summit is clear, ” the communique said. “The key to success in resolving the major economic challenges which the world faces is to achieve and maintain a balance between energy supply and demand at reason able levels and at tolerable prices.” “The 1970s were turbulent but the 1980s might be even more challenging,” Carter told reporters after the summit. “Our free doms are at risk.” The president, who was scheduled to leave today for Yugosla via, the next stop on his eight-day European trip, spoke of the world’s “enormous coal resources” which he said were six to eight times greater than its oil resources. Both he and others expressed confidence the energy-economic growth link could be severed. British Prime Minister Margaret Thatcher said the purpose of the new energy plan was “to reduce our dependence on oil and make ourselves less vulnerable to the acts of others.” Despite a summit document condemning diplomatic hostage taking, there was no specific mention of Iran or the 53 American hostages held there for 234 days. Conference sources said Carter wanted to avoid naming Iran because he preferred to keep the situation low key and because it was felt accusing Iran would weaken the hand of moderates there. The allied leaders also agreed not to build any oil-fired electrical plants save in “exceptional circumstances” and en couraged such existing facilities to switch to other fuels. They also pledged to speed up research for fuel-efficient vehi cles by increasing the price of gasoline, introducing new taxation policies and improving public transportation. A&M’s first grad Navasota man researches the life of Will Brown by DEBBIE NELSON Battalion Stall When William Harrison Brown be came the first titled graduate of the Agricultural and Mechanical College of Texas 100 years ago, he couldn’t have anticipated the Navasota mayor naming a day in his honor or his Victorian home sporting a Texas Historical Marker. In 1880, Brown was the first titled graduate of Texas A&M, Bob Pierson says, as he was the first student to com plete a full four-year degree program after the school’s 1876 opening. Pierson, who purchased Brown’s old home in December, has done extensive research on Will Brown and his 1884 residence. Currently Pierson is com pleting the paperwork for a Texas His torical Marker application. He hopes to have the marker granted by next year. Navasota Mayor Artie Fultz Davis signed a proclamation several weeks ago naming June 23 as “Will Brown Day,” in honor of the 100th anniversary of their former resident’s graduation from Texas A&M. Pierson, although not an Aggie him self, takes pride in researching his home’s former owner. Pierson talks of Brown as if they were close friends. After Brown graduated from Texas A&M, Pierson said, he obtained a law degree in St. Louis. Brown returned to his hometown to establish a law practice and later became the Navasota post master. Pierson said Brown, “a regimental sort,” was a well-known, unique, figure in Navasota. “He built his own coffin and stored it under his bed, ” Pierson said. “He really kept it under his bed and stored com in it. Later he moved it and stored it in the bam. “But he was buried in it when he died. Someone will probably make an Aggie joke out of that. ” Although no special events were scheduled in Navasota for Monday’s first “Will Brown Day,” Pierson said Brown had established a tradition of staging special events on his property. Pierson would like to see the tradition re-established. For example, every Fourth of July Brown invited the whole town to a pic nic. Parades began on Brown’s proper ty, proceeded downtown and ended back at the Brown house. Circuses in Navasota also were also set up on the Brown land. Several sources agree Brown was in deed the first graduate of Texas A&M. An 1879-1880 Texas A&M catalogue lists 1880 graduates, with Brown first, followed by the only other graduate in his class, Louis John Kopke. Both were civil engineering majors. The only ap parent reason Brown was the first graduate rather than Kopke was that Brown’s name was first alphabetically. However, Texas A&M history profes sor Dr. Henry Dethloff said he is “furth er than satisfied” Brown claims the title, ^ if only because his name appears first in several publications. Dethloff has writ ten a two-volume history of the Univer sity. Dethloff said both graduates gave commencement addresses to the appro ximately 500 cadets enrolled at Texas A&M at that time. Grades for the two graduates don’t exist, Denthloff said, to determine which of the two was the best student. The Association of Former Students has presented Pierson with a letter rec ognizing Brown as the first Texas A&M graduate. Brown was a founding mem ber of the association, also established on his graduation day. Pierson said Pam Puryear, a histo rian, is helping find information for the historical marker application. Puryear has helped obtain markers for several other Navasota buildings. Pierson began actively researching Brown’s history when the home was in the Navasota Nostalgia Tour last April. “I wasn’t happy with anything anyone told me, ” Pierson said. “I wanted to find it in black and white.” He has. Pierson has an original gra duation photograph of Brown in uni form, plus accounts from a Houston, newspaper and the Collegiate, the Texas A&M student newspaper. He is now looking for an original copy of Brown’s graduation program. Brown’s home looks relatively the same today as it did in 1884, except for a few modernizations like wiring, plumb ing and a few coats of paint. Pierson plans to remove the carpeting presently on the floors to reveal the original, wide- boarded hardwood floors underneath. The two-story Victorian home was given to Brown and his wife, Eliza Camp, as a wedding gift from her father, Malcolm Camp who “owned half of Navasota,” according to Pierson. Be cause of its all-white exterior and ging erbread trim, Camp called the structure “the wedding cake house.” r