The Battalion. (College Station, Tex.) 1893-current, July 05, 2000, Image 7

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    Wednesday, JulySj
noN
Continued fromM
hey announced the 1
anted crying and celetd
ildn't believe the
armona said. "Imma
e putting together
to send to news agi
he world."
Is of state around thewJ
ded Fox's victory andc
esident Ernesto
of a smooth transitiel
is a sign of progress!
democracy.
;n Guerra, a senior sp
lication major withC-|
Democracy Watch's
ice that night and
out it, the horns honl
wd's screaming fromt
re constantly in the]
as exhilarating to know
had just taken
said.
■ of the visiting stui
o taken by the poli
of the Mexican people
ned the panistas in cell
Mexico City as wel
raca. "I'll never forgel
d AYa Ganamos! that Ik
y a thousand times
navaca)," said Aaron Big
'00.
a Divine, a senior
studies major studyinj
saw clear differences
?s toward politics
acy in Mexico and
States.
lost everyone in the ce
ted (almost 70 pera
us," Divine said. "Then
xcitement in the airsj
ere during the elections
g
TAMU study abroad oi
red both the students
City, who are particip;
’R Mexico City program
ermediate Spanish pn
la.
fednesday, July 5,2000
Page 7
THE BATTALION
attle over the beach
\ettlers descendants claim South Padre profits, but without sales records, their case is moot
CAYLA
CARR
xplorers never
thought South
Padre Island would
lecome a hot spot for col
lege students and the
argest tourist attraction
Texas. The 61,000-acre
South Texas island, settled
tyand named after Mexi-
tan priest Padre Nicolas Balli in the 18th cen-
iry, was inhabited by Balli's descendants un-
i!1938. That year, a young New York
ittorney named Gilbert Kerlin purchased the
Island from Balli descendants.
For hundreds of years. South Padre has
;rown steadily without any public controver-
ty.However, in 1993, the Balli descendants
[hallanged Kerlin's claim to the island and to
ucrative mineral rights revenue.
Unfortunately for the Ballis, there is no
lasting record of the sale. Also, the descen-
lants claim records proving they were sup-
msed to get any mineral profits obtained
rom South Padre Island exist but, the
records' existence is doubtful. Despite the
|ack of records, the lawsuit has accumulated
>ver500 plaintiffs of Balli blood before the
state court of Texas. Testimonies have target-
id jury sympathy with stories about the fami
ly's life on the island and its broken dreams.
Tile the Ballis' case is one of vanished
lopes and forgotten promises, it is just anoth-
;r hopeless crusade. Indians, Jews, Africans
ind other Mexican settlers have tried in vain
to reclaim land that was once rightfully theirs,
wthermore, many of these groups were
forced to give up their land, but the Ballis
legally sold theirs. There is little or no proof of
the Ballis' claim to mineral rights, and like
wise, there is little chance that the plaintiffs
will win.
Since the sale. South Padre's reputation and
profits have grown. Now Balli descendants
have come along and want what revenues they
feel is owed to them. The success of the island
has increased since 1938, and the island contin
ues to be a major tourist spot throughout the
year, especially during spring break.
Sixty years ago, Gilbert Kerlin took a risk
and invested in a little-known island. While
descendants claim that past injustices give
them the right to profits, they nonetheless
will be hard pressed to prove it. If this lawsuit
is won, it likely will open the floodgates for
similar lawsuits by natives who lost their
land and now want compensation. But with
out records, familyies like the Ballis are not
owed anything more.
The Treaty of Guadalupe Hidalgo signed
in 1848 after the Mexican-American War stat
ed that all property in Texas owned by Mexi
can citizens remained in their hands if they
chose to stay in the United States. The 1848
treaty was signed to protect Mexican
landowners from white settlers, so in 1938 the
Ballis were not forced to give it up. If the Bal
lis and other property owners chose to sell
this land, then that was their choice and they
must live with the consequences.
Kerlin got lucky and made a good deal.
People today still manipulate one another out
of assets. It is not seen only in the business
world but, it is the way of the world. Howev
er, Kerlin did not take South Padre Island
from the Balli family without consent. Kerlin
stumbled upon success, and Balli descen
dants should live with their mistake. A busi
ness deal is like a game of poker — some get
a straight flush, others get a full house, and
some win with nothing more than a bluff. Life
is a gamble — everyone is given a chance,
but knowledge and a willingness to take risks
win the hand.
Cayla Carr is a junior
speech communication major.
★
B A. L Li X ,
-J
>
ty Garza, project manage
s construction in the fa!
\g and construction oft
e community cente-U
imately 17,500 squafe
new center will be tie*
i for the University apa#
g offices, as well ad
ting department, whicl
:ly located in the
g on campus,
ea said the center will in!
dry room facility, mail!
study rooms and a iff
area with pool tables
nnis.
testing facilities will i
quest a second samplebeia
i as possible so that we css
really going on."
amount of a druginasaif
ined by separating the4
re rest of the sample and
ring that amount with aC
meter,
ch drug is dissolved into"'
e sample is composed of
■ the conditions of the sa£
ie particular drug can'
" Zaun said,
method can be compa
mponents of salad dressinj
he bottom of the jar
ig is cooled in a refrigerate!
maples, the acidity is alter!
particular drug settlesoul
? onto an organic plate,
t plate is analyzed usingai
ameter, which sends a be-
irough the plate and
he light leaving the plate;
e its composition,
as methodology is
fective," Zaun said. "Ontk
hat any mistake happens,!
Iways a clerical error that 1 --
fixed."
Miranda rights crucial for justice,
mistaken-prone college students
B
LUKE
McMAHAN
WORLDCOM
W i rel esi
nice • Roaming
Call Forwarding
>ming Minute
ctivation
Brazos Hall, across fr° r
ng lot from Chicken Oil
i. & Fri., 10 a.m. - 7 p.fl
to change without notice. Requires acth#
y^T"\ efore we ask you any questions,
you must understand your
rights: You have the right to re
main silent. Anything you say can be used
against you in court. You have the right to
talk to a lawyer for advice...."
No, this is not an episode of "NYPD
Blue." It is an abbreviated version of the Mi
randa warnings that law enforcement offi
cials are required by law to read to suspects before interroga
tions begin. Since 1966, this warning has been justly
entrenched in law and popular culture. As a safeguard against
unrelenting police interrogation that can sometimes border on
coercion, the Miranda rights of citizens have been
viewed by many as an integral right.
This right was in danger of be
ing overruled June 26 when the
Supreme Court announced its judg
ment on Miranda. The case focused on a
law passed by Congress in 1968 that al
lowed voluntary confessions to be used
at trial, even when defendants have not
been read their rights.
The law has never been enforced, but
it was cited last year when an appeals
court ruled that it superceded Miran
da. In a resounding rejection of the ap
pellate court's decision, the Supreme
Court Justices ruled 7-2 in favor of re
taining Miranda's current status. In doing
so, the Supreme Court took a firm stand for
protecting the integrity of the Constitution,
as well as protecting the citizens the docu
ment is meant to govern.
The Miranda ruling of more than three
decades ago is based on a principle already
stated in the Constitution. Said William
Renquist, who gave the majority opinion,
"Protecting suspects from self-incrimina
tion is integral to American law and life."
The debate revolved around whether the
Miranda warnings were backed by the Con
stitution's Fifth Amendment privilege
against compelled self-incrimination —
and thus could not be reversed by
Congress — or were merely guide- €
lines suggested by the 1966 court to
protect that guarantee.
A seemingly trivial difference, but not so when one con
siders the consequences of the latter ruling.
The implications for college students would be signifi
cant. Harmless infractions by students could become serious
offenses under badgering and coercive techniques used by
police. Without the Miranda requirements police would have
a field day on Northgate taking advantage of scared and
oblivious students. While a particular student might be
Changing majors no cause for worry
T
guilty of a minor offense, the absence of the right to remain
silent could wrongly lead to a more serious conviction. Be
ing in the presence of alcohol could immediately constitute
possession for minors. A reveler letting out a good laugh
could be deemed publicly intoxicated. The list could go on.
Local defense attorney Earl Gray echoed the sentiments
of the Supreme Court when he said/T am very concerned
that Miranda was even challenged. The absence of a Mi
randa warning would give law enforcement an unfair ad
vantage during the interrogation process. College students
who are out of their realm would be very susceptible to in
timidating tactics during the interrogation process. Also,
one only has to look at some statistics on the population in
prison to realize that many of them are indigent people
with a weak grasp on the English language. Informing
these people of their rights is the least that law enforce
ment can do."
Many journalists and legal analysts following
the trial expressed shock that the usually pro-law
enforcement William Renquist had endorsed a
decision so identified with the liberal court led
by Earl Warren three decades ago. It is
truly unfortunate that such a monu
mental decision could be seen by
many as politically motivated.
Support for retaining the Miran
da requirements of police officers is
not an indicator of a liberal agenda.
Its support should be out of a gen
uine concern to preserve the dignity of
law enforcement in this nation.
There must be safeguards protecting
citizens from abuse of power within the
system. The police must be policed.
Without Miranda, interrogations could
become settings where police surround
suspects using bully tactics to draw
partial confessions. The law would be
much easier if justice were black and
white, guilty or not guilty. However, the
area is often gray. The preservation of
the Miranda ruling is a tool to balance
the power within the system. The goal is
to arrive at the truth with a particular .
case's framework — a goal that
seems to have been forgotten.
Abandoning the Miranda
warnings would unfairly put the ball in law
enforcement's court and lend itself to arbitrary arrests and
more wrongfully prosecuted cases. In a perfect world where
the integrity of the police never was challenged, the Miran
da warnings would not be needed. However, the case for re
taining these warnings continues to be made.
JESSICA
CRUTCHER
increasing
amount of
pressure on
college-bound
high school
students to
map out the entire course of their
lives prior to high school gradua
tion. For example, the Houston
Chronicle recently ran a column on
Tyshia Barrett, a graduate of
Houston's St. Agnes Academy.
Barrett began exploring career op
tions while she was still in high
school, partly because she wanted
to avoid changing majors several
times while in college. While ad
mirable, this line of reasoning
could set up a student for stress
and failure in college.
Students whose high school
education focused on a specific ca
reer may be better prepared for
certain aspects of college, but they
also are closing their eyes to a
world of options. While planning
for the future, college-bound stu
dents should leave themselves
open to other options when
choosing classes and majors. In
terests and skills are bound to
change between high school and
college, no matter how unlikely
high school students may think it.
Being strong in one subject in high
school does not necessarily mean
a student will be good at that
same subject in college.
Sadly, the freedom of choice is
often not given to the students.
Pressure from parents, relatives
and teachers frequently overrides
students' own decisions. Parents
should not force their children to
make concrete life choices too
soon, or make them feel that only
one career is right for them. Not
having a say in selecting their ma
jor only increases the trauma
many students experience when
they find themselves on their own
for the first time and free to ex
plore their own interests.
Likewise, incoming freshmen
need to realize that changing ma
jors is not the end of the world.
All too often students arrive at,
college and realize they hate their
majors, and through the semes
ters the unhappiness with their
majors does not get any better. If
a student dislikes his or her class
es freshman year, imagine the ha
tred for them one will feel when
the classes become increasingly
more complicated and time con
suming. The best answer is if a
student is having serious second
thoughts about his or her de
clared major, he or she should
consider switching majors as
soon as possible. If the student
does not know which major to
choose, the Career Center in the
Koldus Student Services Building
and each department's academic
advisers are excellent resources.
In addition, it is often a good
idea to take basic core curriculum
clashes throughout freshman year
to avoid earning credits for a cer
tain major that will not count for
anything else. There are few
things more stress-inducing than
losing half one's hours to a change
of major because the classes did
not transfer.
There is nothing wrong with
entering college with a declared
major; thinking ahead is a sign of
maturity. However, encouraging
high school students to attend
specialized high schools, or take
major-specific classes (which of
ten will not transfer if they
change majors) their freshman
year is unfair. These students will
be stuck with a limited view of re
ality because they have never
been given a chance to explore all
their options.
There are many elements es- ,
sential to a successful college ca
reer. Above all, students should
not let their parents choose majors
for them, and should not hesitate
to make necessary changes if they
do not like their major. Interests *
and skills change between high
school and college, and just be
cause students do not desire the
same career anymore does not
make students failures. It makes
them human.
Jessica Crutcher is a junior
journalism major.
JEFF SMITH/The Battalion
UE WU- (PWMEHT CM
THE COURT DECISION TO AL^^Tk|^
Luke McMahan is a senior industrial engineering major.