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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Nov. 30, 1988)
ve! Texas A&M The Battalion response to Hal about The Bat- Sherrill-Gec I he felt Sherrill lly hope that lie it ion solely on has shown I vhich should be ring that heisa prints the facts, ic facts and hott acts. It seemed ady condemned I program. The 1 their opinions least less slanted irons staled that “innocent until util confession.” £ innocent until a was all about, s should know >nal rights, mirage the stu- herrill and the ■n proven guilty ernal investiga- orning News or 1 happens to be gretfully let him t piece of char- Wednesday, November 30, 1988 College Station, Texas USPS 045360 12 Pages ies agged for i relay’s football rgue with n in the face of lack Scott :ious on the ave suffered a riticism of I’m sure he is layer, but the id in criticism of 10 ;h” yell. This veruse of that maroon- e, and I love dieve that arrant the use ne with every e make king, roughing nlike conduct, linst us iorse laugh. > just yell keep the horse wrds in length. Thi >r style and length, or’s intent. Each sification, address Getting a closer look Photo by Kathy Haveman Danise Simpson, a senior landscape architecture major, looks at stained glass at the arts and crafts fair at Rudder Fountain Tuesday afternoon. Stained glass was just one of the many crafts available at the fair. Gorbachev pledges to accept limits on presidential power MOSCOW (AP) — President Mik hail S. Gorbachev bowed to criticism of his constitutional reforms Tues day, saying he will accept tighter lim its on presidential power and try to accommodate republics clamoring for more autonomy. Gorbachev, acknowledging the political give-and-take forming in the freer atmosphere he has fos tered, told the Supreme Soviet, or parliament: “Our own socialist system of ‘checks and balances’ is taking shape in this country, designed to protect society from any violations of social ist legality at the highest state level.” The Supreme Soviet is consid ering during its three-day session a package of almost 120 articles of leg islation first published five weeks ago that Gorbachev says are the first major step toward a political system based on law, not central dictate. But the draft laws faced stiff crit icism that they actually stengthen the presidency, which Gorbachev as sumed on Oct. 1, against the legis lature, and strengthen Moscow’s power against that of the 15 Soviet republics. The unprecedented criticism of the proposed legislation was high lighted by the Estonian republic’s Nov. 16 “declaration of sovereignty” over all internal affairs and demand to review all new Soviet legislation. Several Supreme Soviet deputies, in cluding two top officials from the Baltic republics, registered dissatis faction T uesday with elements of the reform. Arnold Ruutel, the Estonian pres ident, told reporters that Supreme Soviet deputies only received copies of the amended proposals on Tues day. They have not been published. But Gorbachev, detailing some of the changes to the 1,500 Supreme Soviet members, said, “It is obvious that some of the provisions of the bills were not formulated precisely enough and cuased quite a few crit ical remarks in the course of dis cussions.” “The draft now gives the U.S.S.R. Supreme Soviet the right to repeal decrees and decisions by its Presid ium, and orders by the Supreme So viet president,” Gorbachev said. That was implied in the Soviet Constitution, which requires Su preme Soviet confirmation of direc tives of the Presidium, the highest executive body on which Gorbachev serves as chairman. Gorbachev’s reforms call for the formation next year of a Congress of People’s Deputies, a 2,250-member legislative body that will include rep resentation from the Communist Party, trade and creative unions, and social organizations as well as geo graphical legislative districts. The Congress will choose a smaller Su preme Soviet, which is to become more active. Judge refuses to drop 2 charges against North WASHINGTON (AP) — The judge in the Iran-Contra case on Tuesday upheld two of the central charges against Oliver L. North but dismissed the third count. U.S. District Judge Gerhard A. Gesell refused to dismiss the two charges of conspiracy to defraud the government and theft of govern ment property against the former National Security Council aide that arose from the diversion of U.S.- Iran arms-sale proceeds to the Nica raguan rebels. “The indictment clearly alleges a conspiracy, which involved conceal ing the very existence of the profits of the enterprise from the start and hiding from Congress information relating to the conspirators’ assis tance for the Contras,” Gesell said. “Its purpose depended on deceit from the start, and acts of conceal ment were actually part of the com mission of the substantive crime,” the judge said of North’s contention the conspiracy count was invalid be cause it alleged more than one crimi nal conspiracy. But Gesell dismissed a wire fraud charge, saying it “is, in many ways, a cumulative count” that would only create “substantial confusion in the minds of the jurors.” All three charges also were filed against North’s co-defendants: for mer national security adviser John M. Poindexter and arms dealers Al bert Hakim and retired Air Force Maj. Gen. Richard V. Secord. Gesell’s dismissal of the wire fraud count suggests that charge may also be dropped against the other de fendants, who are scheduled to be tried separately. The judge refused to dismiss six charges that North lied to congres sional committees that investigated whether he and other members of the National Security Council staff were covertly providing military aid to the Contras in violation of the law. So far, Gesell has ruled on 34 of North’s 37 pre-trial motions. He has dismissed only two of the 16 original counts against North, including a charge that the retired Marine lieu tenant colonel obstructed an FBI probe of the installation of a security fence around his Great Falls, Va. home. lements honors Rudder with marker in France AUSTIN (AP) — Gov. Bill Clements laced a historical marker in France honor- g James Earl Rudder, who served as a ast president of Texas A&M. Historically, the marker symbolizes Rud- er’s involvement in World War II. Rudder :d a regiment of U.S. Army Rangers in the Day invasion of the beaches in Nor- landy, France. After World War II, Rudder was elected exas land commissioner. Locally, he is bet- :r known as having served as president of r N Texas A&M University and the Texas A&M University System. Rudder was born in Eden in Concho County in 1910. He died in 1970, and later received such honors as having A&M’s Rudder Tower named in the honor of his name and life. Clements was accompanied Tuesday by French officials during the marker dedica tion ceremonies, according to a news re lease. The governor made several comments “The marker will stand as a lasting tribute to Rudder’s her oism and the bravery of the 225 men he led into battle during the second World War. ” — Gov. Bill Clements about Rudder, including calling him, a great American-, a great Texan and a great soldier. Clements said Rudder received the honor to pay tribute to his patriotism and life. “The marker will stand as a lasting trib ute to Rudder’s heroism and the bravery of the 225 men he led into battle during the second World War,” Clements said. Clements said Rudder’s other honors served to exemplify why the marker was such a deserved tribute. During the service of the war Rudder is honored for, he and his soldiers fought for 212 days before being relieved. Ninety of the menRudder led survived the mission. Clements ended his 19-day stay in Spain and France, where he met with government and business officials and discussed ways to increase trade and cultural ties between their countries and Texas. S police officer: Having good times does not justify irresponsible drinking By Richard Tijerina Staff Writer to take up white and fisheries >re in a Philadelphi) a lake at the same d hockey, t even fight its waf t sports pages. In way to Find outjnst t. Theboxscoresin it the print is so re feeling that n g- out into the open re it belongs. I Being charged with driving while poxicated can make one both socia- and financially libel, and the price ne ends up paying is not worth the one may have while being runk, according to College Station lolice Lt. Bob Price. Price, who works with drug and i r t ti B c °hol education in the College Sta- oackattneendot on school systems> and A&:M stu _ ent attorney Trip Walter were the ecial speakers at an Alcohol and te Law Presentation Tuesday night p BACCHUS, the Boost Alcohol onsciousness Concerning the |ealth of University Students. The presentation hoped to in- Irm students of the processes in- plved in a DWI arrest and the con- squences that arise from it. | Price said the whole process of taking a DWI arrest is a lengthy rocess, which includes the field so- riety test and the breath test at the olice department. The whole prec is can last longer than an hour, and ■WI suspects are always videotaped Bhile taking the alcohol breath test 4 the police station. I “The officer will look for the ■river who is driving slower than prmal, that (is) trying to be cau- jous,” he said. “Alcohol is a depres- Int, and it slows down your reaction pie. They’ll be hitting curbs, medi- crossing stripes. These are the |iings we look for.” Price said these indications are Irong enough to merit enough Erobable cause to pull a car over. (Police officers concentrate DWI ■forts on Thursday, Friday and Sat- ■day nights, and Price said it is not hard to spot a drunk driver. I “We have a DWI task force that pav officers time and a half their ■armal salaries to go out and look fc DWI,” he said. “They concen- ■ate on the weekends. Thursday Rght is usually the big night. Once you’ve seen a couple of them, DWI’s ai :easy to spot.” ■ If the field officers feel the driver '■has failed the field sobriety test, the suspect will be taken to the police de- f§artment to take an alcohol breath test. A person is legally intoxicated if he scores a .10 on the test, meaning that ten percent of their blood con tent is alcohol. Officers will read the suspect his Miranda rights and ad minister the test after 15 minutes. Refusal to take the alcohol breath test or a blood alcohol test may result in a suspension of the suspect’s driv er’s license for 90 days. Walter said it is possible to appeal the suspension in court. “You have 20 days from the time you receive the letter from the DPS telling you your license is suspended to appeal that suspension,” Walter said. “The sole issue of that hearing is whether or not the officer had probable cause to stop the individual for DWI.” Walter said the individual has no control over being videotaped at the station, but he does have the right to do nothing at all. However, he said this would only result in the suspen sion of the driver’s license. Walter said the consequences of refusing to take the breath or blood tests would include the loss of the driver’s license, but that sometimes it can be a necessary step to fight the offense in court. “In my mind when I think about not submitting to the breath or blood test, and I know this is a hard determination to make, I think you’d have to be in the mind set that you want to contest this all the way,” he said. “If you refuse these things and later on you want to plea bar gain with the county attorney, my opinion is you won’t get a very good deal out of the plea bargain as you would if you had submitted to the tests.” Walter and Price both said that al though state law does not hold the host of a party responsible for any deaths or damages that come from someone he served alcohol, it can happen, particularly since laws are present in other states that do hold the host responsible. Such laws, they said, could be used as precedents in a Texas court of law to prosecute the host. Price said the fun someone can have while under the influence of al cohol is in no way equal to the prices they can pay if arrested for DWL Shuttle buses will be running for last game By Timothy J. Hammons Staff Writer Outer route shuttle buses will offer free shuttle service to cam pus for the Alabama football game starting at 3 p.m. Thurs day. The buses will continue to run until one hour after the game. During the game, one bus will run on each shuttle route. Bus Operations Manager Doug Williams said the unusual circum- Students debate resolution on drugs By Sharon Maberry Staff Writer Texas A&M students have strong opinions both for and against a reso lution to suspend constitutional rights to combat illegal drugs. About 300 students were on hand Tuesday in the MSG for a debate about the resolution. The debate was pre sented by the Texas A&M Debate Society. Ellen Hetherington, a junior speech communications major, ar gued for the resolution by uphold ing that the United States Constitu tion is flexible because its framers could not have foreseen modern day situations such as extensive drug abuse. “The reason there is no clause in the Constitution regarding this issue is because in 1787 there was no drug problem,” Hetherington said. “We need a change of current policy to combat illegal drugs. Just Say No’ is just not working. We need to suspend the rights of everyone encouraging illegal drugs. “How long will we infringe on the rights of innocent people to protect the rights of the guilty?” she asked. “Our rights cease when they infringe on the rights of others. Hetherington said America’s drug problem can be curbed by suspend ing the rights of drug sellers and us ers. Monique Daniel, a freshman phi losophy major, argued that approv ing the resolution would eventually jeopardize everyone’s rights by a snowball effect. “If this resolution is passed, every right and liberty we have may be threatened,” Daniel said. “There is no limitation to its bounds and it will go beyond our control. If we take away the rights of one, the rights of all are threatened. “The constitutional rights of the United States are guaranteed to all; not just to the innocent, but to the guilty as well. My opponent seems to feel that the rights of the guilty are not as important as those of the in nocent. We in the United States are innocent until proven guilty. How do we determine who’s innocent and who’s guilty if we take away constitu tional rights?” Daniel said the drug problem is being successfully fought by current policies on local, regional and na tional levels. Elected officials will not condone the selling or using of drugs. Congress has created a Cab inet-level position solely to solve the drug problem. Also, illegal search and seizure policies are not sup ported by Congress, she said. “If we solve the problem on an in dividual level, as the national pro grams are doing, by starting with the education of children, the problem will be solved without taking away constitutional rights because without demand, the supply will disappear,” Daniel said. “The Constitution protects us in every facet of our being. Are we will ing to allow this to be threatened?” Heaied reactions trom the audi ence followed the two speakers, both for and against the resolution. One student said that acceptance of the resolution would go against the country’s basic judicial premise of in nocence until proof of guilt and would result in an “Orwellian” so ciety with a Big Brother controlling individuals’ rights. Another argued for the resolution by saying that there will always be a demand for addictive drugs in the United States as long as they are available. Another student arguing against the resolution put the issue on a more personal basis. “Let’s say you’ve been studying for finals for two days and on your way home you’re pulled over by a cop who sees your red eyes and de cides you’re on drugs,” he said. “He hauls you to jail and doesn’t let you make a phone call, and he can keep you there for 24 to 48 hours. I don’t want a policeman to be my judge, jury and executioner." Another student argued that the focus should be more on preventing access to drugs rather than how to punish those sellers or users who are caught. stances of the game make the ex tra shuttle service necessary. “People will still be in class and parking lots will be full,” Williams said. “Many people will expect to park at Kyle Field, but will not be able to. After 6 p.m., all routes will stop only on Throckmorton Street by the University president’s house and on Jersey Street by the For mer Students Center. Between 3 p.m. and 6 p.m., students may board the shuttles at the Throck morton or Jersey stops or the reg ular bus stops. Bus passes will not be required to ride the shuttle, Williams said. “I’m optimistic about this ven ture because there is no cost to anyone,” Williams said. “We had tremendous use during bonfire. Hopefully this crowd will be more orderly.” If weather’s OK Hurricane Bowl will be played Weather permitting, kickoff for the Hurricane Bowl the re scheduled game between Texas A&M and ate University of Ala bama — WiB be at 7:38 p.m. Thursday at Kyle Field. . The Corps of Cadets will step off from the band hall for march- in at 5:40 p.m. During the pre game ceremonies, skydivers from Aggies Over Texas will land at the 50-yard line with the game ball. Official Yett practice will be held at Kyle Field tonight at 7 p.m, A H Hurricane Bair will fol low at 8 p.m. at the Hall of Fame.