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Page 4B THE BATTALION
MONDAY, JANUARY 19, 1981
Scientists hope to ‘MAP’
planets with computer
Justice shakes Texas
United Press International
PITTSBURGH — Astronomers this year plan to train sensitive
electronic instruments on nearby stars in an unprecedented effort to
probe the universe for worlds beyond the sun’s family of planets.
The recently-organized Extrasolar Planetary Foundation eventual
ly will examine more than 500 stars for evidence of systems similar to
the Earth and the eight other planets that rotate around the sun.
“As a fledgling space race, humanity stands once again at the edge of
a vast, new frontier, ” the foundation writes. “This time it is one that can
encompass all of our restlessness and curiousity, presenting endless
new worlds of the unexpected.”
Dr. George Gatewood, head of the University of Pittsburgh’s
Allegheny Observatory, will direct the first phase of the effort — this
summer’s examination of 50 nearby stars for evidence of planetary
systems.
“We see this thing as a very long-range venture,” said Gatewood.
“We see mankind eventually venturing to the stars. It won’t be soon,
but when he goes he’s going to to need a road map.”
To draw that map, Gatewood and his colleagues will use a Mul
tichannel Astrometric Photometer, or MAP, which is an electronic
instrument capable of receiving in one hour the same amount of
information it would take a conventional telescope a year to gather.
The MAP looks at a large field of stars and records how one star
moves relative to the others. Although the planets themselves would
be too faint to see, by measuring this relative movement from night to
night Gatewood believes the bodies will produce a recognizable pat
tern.
The only known planets are within the solar system, but Gatewood
said, “it’s conceivable that the universe is teeming with planetary
systems.”
He said the foundation will examine Barnard’s Star, the second
closest to the sun at a distance of six light years, because in 1961
astronomers found that it had a slight “wobble,” leading to speculation
it has has least one planet orbiting it.
The 50 stars Gatewood will examine next year are within 40 light
years, or 240 trillion miles, of the solar system.
He expects the MAP at Allegheny Observatory to detect any planets
the size of Jupiter or Saturn, and perhaps slightly smaller.
Districtjudge holds onto principles despite their unpopularity
United Press International
TYLER—Texas has been ordered
to improve conditions in the nation’s
largest prison system and to expand
bilingual public education. For
many, those orders came from an
unwelcome source: a federal judge in
a small East Texas town who has
been changing Texas’ ways for 12
years.
U.S. District Judge William
Wayne Justice, after a year-long,
non-jury trial of an 8-year-old inmate
lawsuit, issued a sweeping opinion
Dec. 12 finding Texas prisons guilty
of numerous violations of inmate
rights. A month later, after yet
another hearing in a 10-year-old de
segregation case, Justice called for
more Spanish-English bilingual edu
cation classes in the state’s public
schools.
In his emotional prison reform
opinion, Justice blasted overcrowd
ing, understaffing, poor protection of
inmates from each other, inadequate
medical care, unconstitutional disci
pline procedures and illegal interfer
ence with inmates seeking access to
courts. He said some prisons violate
the state fire code.
“These iniquitous and distressing
circumstances are prohibited by the
great constitutional principles that
no human being, regardless of how
disfavored by society, shall be sub
jected to cruel and unusual punish
ment or be deprived of the due pro
cess of law within the United States
of America,” Justice wrote.
In his bilingual education ruling,
he found that the existing average of
three years of bilingual training in
Texas schools is not sufficient to eli
minate the vestiges of racial, ethnic
and national origin discrimination.
Again he wrote with emotion:
“The tragic legacy of discrimination
will not be swept away in the course
of a day or a week or a single school
year. But these children deserve, at
the very least, an opportunity to
achieve a productive and fulfilling
place in American society. The more
quickly the ethnic injustices of the
past can be overcome, the sooner
this nation can face, as one people,
the challenges of the future.”
In both cases, lamenting the fai
lure of state government to meet
constitutional requirements volun
tarily, Justice gave lawyers for plain
tiffs and the State of Texas a deadfine
for proposing detailed solutions to
the problems cited in his opinions.
He gave lawyers for plaintiff in-
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mates, the defendant State of Texas
and the intervening Justice Depart
ment until Feb. 15 to draft specific
proposals to remedy unconstitution
al conditions in the state prisons.
Lawyers for plaintiff school children
have until March 9 to propose ways
to expand bilingualism in Texas
schools. Justice afterward will issue
his own instructions to the state.
In his Dec. 12 prison suit opinion,
Justice suggested his final order will
mandate major changes: expanded
use of parole and work release prog
rams to reduce prison populations;
the hiring of more guards and medic
al personnel; the breakup of existing
prisons into smaller administrative
units, and the reorientation of prison
construction programs away from
large rural prisons toward smaller,
more manageable urban and surbur-
ban facilities.
Although the inmates’ lawyer,
William B. Turner of San Francisco,
says the state could accomplish the
necessary changes for less, one esti
mate has put the cost of Justice’s ex
pected prison reforms as high as $3
bilfion — if his final order withstands
appeal.
In his bilingual education ruling,
Justice indicated he will order Texas
to offer more years of bilingual public
education. Plaintiffs want bilingual
training through high school. The
state, which has worried about the
cost and its inability to find bilingual
teachers, wants something less. Jus
tice will decide — again assuming he
is affirmed if there is an appeal.
Who is the man exercising this
enormous power?
Texans already knew Justice as the
judge who integrated many of their
schools, blocked clearcutting in
some East Texas national forests,
protected what he perceived to be
the rights of aliens, and otherwise
angered many of the state’s conser
vatives.
In many ways, he is a less famous
Texas version of Montgomery, Ala.,
federal judge Frank Johnson who,
before his elevation to the 5th U.S.
Circuit Court of Appeals, struck
down racial barriers and supervised
much of Alabama government, in
cluding the state’s prisons.
Justice is a descendant of Alabama
slaveholders driven to Texas by the
destruction of the Civil War. His
father, Will Justice, was a farm boy
and teacher who, after hard-won
part-time training, became a suc
cessful criminal defense lawyer and
less successful small-time politician.
Although probably a traditionalist
or at least passive to racial arrange
ments in his day, Will Justice and his
wife, Jackie May, were known for
their kindness and generosity — and
Will Justice developed early ties to
the populism that passed for liberal
ism in East Texas.
“My father and Wayne Justice s
father were very close friends, re
calls former Sen. Ralph Yarborough,
D-Texas. “My father was a very avid
supporter of Justice s father in all of
his campaigns. In turn, when I
started running for statewide office,
Wayne’s father made speeches for
Justice, a good high school stu
dent, began working in his father s
law office as a teenager, but the head
start did not prevent him from gra
duating in the bottom half of his Uni
versity of Texas law school class in
1942. He has told friends he prob
ably worked less because he knew he
had a job with his father.
After graduation, Justice joined
the Army and became a field artillery
lieutenant. He never saw combat.
He was en route to the Burma-India
theater when the atomic bombs were
dropped on Japan.
Justice went to work in his father’s
law office and served as part-time
city attorney in Athens. He was ac
tive in Yarborough’s senate cam
paigns, helped in Lyndon b. John
son’s 1948 campaign for the U.S.
Senate and was Henderson County
manager for John F. Kennedy and
Johnson in 1960. Kennedy rewarded
him in 1961 by appointing him U.S.
attorney in Tyler.
His service as chief federal pro
secutor in East Texas attracted little
notice. In 1968, Yarborough and
Johnson rewarded Justice again by
elevating him to federal district
judge. He soon stirred controversy
with rulings that forbade discrimina
tion against hippies, blacks and Mex-
ican-Americans.
Yarborough is proud of the
appointment: “He is fearless, consci
entious, a constitutionalist.”
Friendly lawyers, like Justice’s
former law clerk Hank Skelton,
praise him: “He’s a man who be
lieves very strongly in democratic
principles, in egalitarian principles.
He’s willing to make the hard deci
sions.”
Opposing lawyers, who ask to re
main anonymous, respect him: “I’ve
never failed to get a fair trial in his
court. While I do not agree with him
politically or philosophically, I still
say that he has integrity and tries to
do what he thinks is right. ”
State officials forced to acknow
ledge his sway sometimes are less
complimentary. Texas Department
of Corrections Director Jim Estelle,
commenting publicly on Justice’s
prison reform opinion, recently
lamented the lack of competence on
the federal bench.
Chief Justice Warren Burger
thought enough of Justice to make
him a member of the ethics panel for
the federal judiciary. He appears;
stickler for propriety. A Beaum*
law firm this Christmas sent Just®
case of liquor, a box of candy mj
some flowers. Astonished at the®
pertinence, he ordered it all ^
turned.
Justice has a reputation for stej
fairness softened by courtly courts
on the bench, but the courtesy so*
times is not returned. Resentmentj
his opinions sometimes causes i
neighbors to avoid pleasantries oi
the street. He speaks if spoken b
Justice has found friendships o:
the bench. Until Frank Johns#
elevation to the appeals court ps
some professional distance betwet
them. Justice considered Johnst
one of his best friends and some®
he especially enjoyed telephoning#
seeing at professional meetings.
Justice also likes reporters and®
joys talking to them for background
though not for quotation or attrit
tion. He forbids his secretary or cu
rent law clerks to be quoted. Her#
fers interviewers to other ffiendsi#
quotable material.
Justice is sensitive to social sli[
his wife has suffered in Tyler, Sk
Justice has her hair done by fedenl
job-training students at Barra
Beauty School because other beauS
cians have refused her in the past
Mrs. Justice — perhaps a bit mort
serene about it all because thronp
her family she owns some EastTeia
oil property (it occasionally fora
Justice to withdraw from cases)-
suspects a decade of unfriendlines!
has thawed enough that she
use a regular beautician, but, asd
Christmas, she had not yet triedit
The Justices recently sold
spacious two-story house which ra
once the heart of a threat. The Tea
legislature threatened to build art-
form school next door to the housen
retaliation for one of his decisions
They are living in an apartment
until a new home is finished. Hit
judge, whose $61,000-plus salm
allows some luxury, has not disclose:
its cost. It is smaller than the ol
house but is rising in an expensivt
neighborhood.
Justice’s 43-county responsihite
means moving his court from TyB
to Sherman to Paris and back to Tyler
over the course of a year.
His unfulfilled ambition istobes
federal appellate judge. He likestk
scholarly research and opinion writ
ing of the appellate bench.
He has told friends he pr
missed his chance in the lastroundd
appointment? by President Carter
With his liberal reputation,
likely will not be promoted by
incoming Reagan Administration
Even if a liberal Democrat
the White House in 1984, Jusfc
figures he will be too old.
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