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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Oct. 15, 1980)
Page 10 THE BATTALION WEDNESDAY, OCTOBER 15, 1980 School order opposed United Press Internationa] BROWNSVILLE — Attorneys who are members of a Hispanic rights advocacy group said Tuesday a federal judge lacked the jurisdiction to issue a temporary res training order preventing children of undocumented aliens from enrolling in Brownsville public schools. The attorneys, members of Texas Rural Legal Aid Inc., said they were considering filing a motion to dis miss the overcrowded school district’s request for relief from enrolling additional non-citizen children. A 10-day restraining order was granted Friday by U.S. District Judge Filemon Vela of Brownsville and took effect Monday, halting enrollment of non-citizen children in the district’s 33 schools. The order was to remain in effect until next Tuesday, when a hearing is scheduled to decide if a permanent injunction stopping the flow of alien children will be granted. Linda Yanez, a Texas Rural Legal Aid attorney in Brownsville, and Peter Schey of Washington D.C., who led the fight for non-citizen children to attend Texas public schools, said they may file a motion to dismiss the Brownsville district’s request for permanent relief. Yanez said family members of children who were refused emrollment Monday approached her seeking recourse. PRECISION HAIR DESIGNS FOR MEN AND WOMEN CALL 696-3003 WOODSTONE CENTER (Hwy. 30) We use and recommend mEDKEN “Our strongest position and dilemma is that Vela didn’t have jurisdiction to issue the order,” Yanez said. “There are so many reasons why the court acted improperly that it’s hard to know where to begin to explain those reasons,” Schey said. “The court was totally unaware of even the most basic rules of federal procedure which govern the issuance of injunctions, and the lawsuit entirely failed to establish a ground for jurisdiction in the federal court at Brownsvil le,” Schey said. Vela issued the order at the request of Brownsville school attorney Tony Martinex, after the school tried unseccessfully to have U.S. Supreme Court Justice Lewis Powell stay the order of U.S. Judge Woodrow Seals of Houston that struck down a 1975 law prohibiting use of state funds for education of illegal alien children. Powell, who earlier had reinstated the Houston judge’s order after the U.S. 5th Circuit Court of Appeals in New Orleans overturned it, left an option by saying the Brownsville district could apply to an “appropriate district court” for relief. School attorney Martinez said Monday he believed the Brownsville federal court was an “appropriate dis trict court.” “We thought Brownsville had the jurisdiction and venue,” Martinez said. “Powell didn’t tell us we had to go back to that particular district court (Houston).” Schey said if the Brownsville district had filed for the injunction in Houston, it might have avoided opposition in court next Tuesday. “If the matter had been taken before Judge Woodrow Seals in Houston,” the Washington attorney said, “then I believe the merits of the controversy could be resolved without the rather obvious procedural problems.” Brownsville officials — saying none of the 557 chil dren of illegal aliens already enrolled in the system will be removed from classes — contended that the flow of non-citizen children is endangering the quality of edu cation. Get your Xerox copies ON THE DOUBLE at Northgate, above Farmer’s Market Inexpensive, High-Quality Copies On Our Xerox 9400 FREE COLLATING in most cases. We specialize in REPORTS and DISSERTATIONS. Also: Self-service copying, typing, binding, resume writing, editing, translating. ONE STOP service for reports and dissertations. ON THE DOUBLE 331 University 846-3755 Open M-F, 7 a.m.-lO p.m. Sat., 9-6 V Burglars: Beware of boa’s bite United Press International EL PASO, Texas — Pet-loving burglars either have a hungry 6-foot boa constrictor on their hands, or else the slithery reptile is by now ad-libbing in its quest for food, the owner said Tuesday. Thieves broke into the William Sullivan home last week while the family was out of town and took a number of items, including the 8- year-old snake. “But its feeding time is right about now, and when it gets hungry, it bites. I’m afraid if it bites whoever has it, that will be the end of it, ” she said. Governor clout _? to be voted on This is Part Two of a nine-part series on nine proposed amendmc the state constitution being presented to Texas voters on A'ovi United Press International AUSTIN — A Texas governor may appoint members tostatels and commissions, but may not remove them if they perform poo! governor also must prepare a recommended budget for the stair does not have the authority to revise the budget written and app by the Legislature. Proposed constitutional amendments being submitted to Tea ters Nov. 4 would give the governor the power to removehisapj tees from office and increase the chief executive s budget execs authority. Gov. Bill Clements strongly supports both the proposals, joc list of governors extending back into the 1950s who haveadc giving the Texas chief executive budget execution authorit) “I recommend that all nine of those (proposed amendmei approved, but I feel more strongly about some than I doabc others,” Clements said. A B' Election! Here’s A&M: ?SKEE The Texi and Trap Sunday £ send sevt “I am especially interested in the budget execution authorih: H(»n osition No. 5). If I had to name a number one priority, thatwoub s h I think it is a very important amendment.” |Hj| e If the amendment is approved, the Legislature could author HI® even governor to reduce the appropriations of a state agency, transfer! college . from one agency to another, or to limit expenditures foranvpi.tr on 1 program. Th( s consist of Currently, Texas governors have authority only to vetoou p erson s } appropriations written by the Legislature and cannot redr; and one appropriation. wQnly c The proposed amendment requires that any changes madefe ^^j^ governor in the state appropriation bill be approved by a 1« execution committee composed of the governor, l* eutenant 8 0VE: ' mem } )er speaker of the House and the chairmen and vice chairmen oftheB: w -' Appropriations Committee and Senate Finance Committee, tQ ^ The governor and other backers of the amendment contend! first i long-range solution to controlling govei nment spending. Oppos There argue the governor already has sufficient power with his vetoes soft drin the Legislature has done an adequate job of writing the budge d a y For controlling expenditures. 845-7762 MEN’i McM Voll the Unive en’s acti GEOLOGISTS GEOPHYSICISTS CAN YOU INTERPRET YOUR FUTURE? Marathon Oil Company’s Domestic Ex- ploration recruiters will be on your cam pus October 29, 30 & 31 to assist you in interpreting your career potential. A career in Geology or Geophysics with Marathon can provide you opportunities for professional growth, recognition, and responsi bility at our office. Office locations in: Anchorage, Alaska Midland, Texas Denver, Colorado Houston, Texas Lafayette, Louisiana Casper, Wyoming If you will be completing a BS or an MS in Geophysics or MS in Geology during this aca demic year, our recruiters would like to talk with you on October 29, 30 and 31 about a career in Domestic Exploration with Marathon. AA\ Marathon MARATHON j f Oil Company An Equal Opportunity Employer .atA&Yi*!. There’s a spirit in fhe woods! Come shop with the spirit of excitement at Woodstone Commerce Center. Find the un usual ... the extraordinary ... the remarkable. Woodstone Commerce Center has lots of spe cialty stores so you can shop with pizzazz. And Woodstone is a natural meeting place with restaurants, shaded walks and luscious courtyards. Come spend the day with the spirit in the woods. The spirit of good things at Woodstone Commerce Center. - y \ F L WOODSTONE commerce center Watch For "THE HOBBlf Coming October 21 8 P.M. Rudder Theater Tickets Available at MSC Box Office Pleai