Page 8 THE BATTALION
WEDNESDAY, OCTOBER 22, 1980
Texas must teach illegal aliens Waitress saves
^ United Press International . _ at Lubbock General
clerk
m
United Press International
NEW ORLEANS — The 5th U. S.
Circuit Court of Appeals has
affirmed a lower court’s injunction
against the Tyler Independent
School District and says the state of
Texas cannot deny public education
to illegal aliens.
The federal appeals court said
Monday it had found that a section of
the Texas Education Code and a tui
tion policy adopted by the Tyler
School District denied aliens equal
protection under the law.
Despite the economic and social
Pay raise
given state
employees
INS sued
in asylum
of boy, 13
problems caused by their residence
in the United States, the 5th Circuit
Court ruled aliens were protected by
the Constitution.
“This court is acutely aware that
Texas is suffering from the local
effects of a national problem,” wrote
Judge Frank M. Johnson. “When na
tional immigration laws are not or
cannot be enforced, it is the states,
most particularly the border states,
that bear the heaviest burden.
tion to aid a state to solve its political
and social problems.”
Texas tried to limit public educa
tion to children who were within its
borders legally, and the Tyler School
District took the plan a step further
by charging $1,000 annual tuition for
each undocumented child.
“However, this court cannot sus
pend the operation of the Constitu-
A district court held that Section
21.031 of the Education Code and
the Tyler system’s policy violated the
equal protection clause of the 14th
Amendment.
The 5th Circuit Court upheld that
decision and rejected several argu
ments from attorneys for the state.
Attorneys contended educating
illegal aliens would deprive U.S.
citizens of their rights to education,
damage the state economically,
spread disease and encourage others
to sneak into this country.
The court said its responsibility
was limited to interpreting the Con
stitution and seeing its benefits were
distributed for the greatest good,
and did not include dealing with
fund distribution, educational policy
or public health.
United Press International
LUBBOCK — A waitress pulled
an unconscious night clerk from the
blazing lobby of a motel which sus
tained an estimated $100,000 dam
age in what an investigator says was
arson.
Denise Arnold, 23, was working in
a restaurant next door to the motel
Monday when she saw smoke and
pulled Edwin Brian Hoople of Lub
bock to safety, authorities said.
Hoople, 34, was the only person
injured in the early morning explo
sion and fire that gutted the motel
lobby. He was listed in fair condition
at Lubbock General Hospital with
bums on his head and the upper part
of his shoulders.
Officials reported a strong gaso-
line-like odor coming from an office
adjacent to the lobby. A 5-gallon
gasoline container was found inside
the small room where heavy damage
was evident. The container and li
quid found in it were taken to the
Department of Public Safety for
testing.
Before that, however, fire investi
gator Jim Vaughn said flatly: “It was a
set fire.”
Authorities said a phone W1
direct line to the motel ranzatf
restaurant about 2:20a.m. Aw J SA ULT
answered, but there was nore Ju^ttle 1
so she hung up.
^ American
It tang again and Ar| j
answered Agam there w* ^he is a
ly, so she tned calling the r, W | in(
could not get an answer. ^rdello.
Arnold then peered through, JK
window toward the motel andi •• A ll tho
thesmoke, police said. Sheranto Ucy-voii
3y on tnai
This wa
SAFEWAY
We Celebrate the Great
United Press International
AUSTIN — A legislative recom
mendation to raise state employees’
salaries by 24.3 percent during the
next two years, while less than had
been asked for, is still a good step
forward, says the director of the
Texas Public Employees Associa
tion.
“That should help employees who
serve the state to catch up some in
their losing race with the inflation
rate,” says TPEA director Gary
Hughes.
“Texas will benefit too, of course,
if its workers are properly and com
petitively compensated.”
The Legislative Budget Board, at
its meeting Saturday, approved a
budget draft that includes a 14.31
percent pay raise for fiscal 1982 and
an additional 8.73 percent in fiscal
1983, for a total 24.3 percent in
crease over current salaries.
In addition, the budget board
approved proposals to increase the
state’s contribution to employee in
surance programs.
Total cost of the proposed in
creases, which at this point are only
recommendations to the Legisla
ture, would be $964 million for the
next two budget years.
TPEA has requested an emergen
cy pay increase as soon as the Legisl
ature convenes in January and
Hughes said any emergency raise
granted probably would be deducted
from the 14.31 percent proposed by
the LBB for fiscal 1982.
Gov. Bill Clements has said he will
support an emergency pay raise of
3.4 percent when the Legislature
convenes but has declined to say how
large a total pay increase he will
back.
Texas teachers also aTe seeking
substantial pay increases during the
next legislative session.
The TPEA, which has 33,000
members, had requested pay raises
totaling 28.9 percent during the next
two years as the major part of its
legislative program for the 1981 ses
sion.
The LBB recommendation is the
starting point for House and Senate
budget writers, and the governor
will present separate budget recom
mendations to the Legislature within
a few weeks of the opening of the
s
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United Press International
CHICAGO — The parents of a
Soviet boy who ran away from home
and received political asylum rather
than return to the Ukraine with his
family, are suing the Immigration
and Naturalization Service for
$200,000.
Michael and Anna Polovchak filed
suit in federal court seeking a court
order revoking the political asylum
granted to their son, Walter, 13, last
summer because, they said, it
violated the parents’ right to due
process.
The boy, then 12, ran away from
home and filed an application for asy
lum July 17, about seven months af
ter he emigrated from the Soviet
Ukraine with his family. The youngs
ter said he did not want to return to
the Soviet Union with his parents,
who had decided to go back.
The INS granted him political asy
lum, and Cook County Juvenile
Court Judge Joseph C. Mooney
placed Walter with foster parents
pending final disposition of his case.
The judge will decide Nov. 5 who
will take custody of the teenager,
who visits his parents weekly.
An older sister, Natalie, 17, also is
seeking asylum, but her parents
have said she is old enough to make
her own decision.
The suit said the immigration ser
vice granted asylum without notify
ing Walter’s parents that he was
seeking it, even though the family’s
departure from Chicago was not im
minent.
Because of his age and emotional
and intellecutal development, Wal
ter was incapable of understanding
the issues raised by his request for
asylum, said the suit, which was filed
by the American Civil Liberties
Union.
The parents said Director Michael
Landon of the INS violated the fami
ly’s privacy and due process of law by
granting asylum.
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