North Carolina Newspapers is powered by Chronam.
6The Daily Tar HeelFriday. September ,10, 1982
Ruling challenges state laws
0th year of editorial freedom
John Drescher. Editor
ANN PETERS, Managing Editor
KERRY DEROCHIMruir Editor
RACHEL PERRY, University Editor
ALAN CHAPPLE, City Editor
JIM VJVdUH, State and National Editor
Linda Robertson, Swa Ei&r
KEN MlNGIS, Associate Editor
Susan Hudson, Fatum Editor
LEAH T ALLEY, Arts Editor
Teresa Curry, w tend Edit
AL STEELE, Photography Editor
Joseph Berryhill, Laura Seifert, News Editors
Despite all their bitching and griping about living just above the pover
ty line, UNC faculty members are not doing too badly. Full professors at
UNC earned an average salary of $41,500 in 1981-82, the highest average
professors' salary in North Carolina and one of the highest average
salaries in the nation.
That's not to say, however, that full professors here are overpaid. In
order to compete with the Harvards, Yales and Dukes, the University
needs to pay competitive salaries to attract and keep the best professors in
Chapel Hill. That is why it comes as troubling news that the University is
starting to feel the effects of legislative action that is limiting the salaries
of UNC professors.
This year, as part of its budget-cutting efforts, the Legislature froze the
salaries of state employees, including faculty members in the UNC
system. That move was regrettable, but understandable. In order to
balance the budget, which is required by North Carolina law, the
legislature was forced to hold down spending.
The Legislature, however, took further action than was necessary
and now is damaging all colleges in the UNC system. In an attempt to
further limit the salaries of professors, the lawmakers barred the use of
non-state funds by UNC officials to boost faculty salaries. A primary
reason why professors' salaries at UNC are high is because of en
dowments, contracts and grants from private benefactors and the federal -government.
Now the Legislature is saying that the University cannot use
these funds to raise professors' salaries.
The Legislature's reasoning defies logic. Apparently, in a fit of stub
bornness, the lawmakers decided it would be unfair for college teachers
to get any kind of a payraise, regardless of who is paying for it. But the
reason professors' salaries were held steady was because of a tight state
budget, not because professors were overpaid. The Legislature should
jump on the opportunity to raise professors' salaries without spending
state money, not shy away from it.
The restriction of non-state funds can only hurt higher education in
North Carolina. When the Legislature meets again in January, it should
repeal the ban on the non-state funding of faculty salaries and give the
University the chance to remain competitive with the best colleges in the
Sorry Kelvin. We hear you're pretty good. But we"ll never see you
play. We'll still be trying to get block tickets.
See Kelvin, there's a different block ticket distribution policy this year.
They say it's new and improved. They say it's guaranteed: No more
distribution problems, no more group imposters, and it!s easier to
understand: , ;
Theyfumbledi . .. . .
NoW We have to fill out rosters and we're not even playing. Ticket of
ficials say it's to prevent students from signing up under one group and
then turning around and signing up under another group's name.
But you don't have to sign the roster to get a ticket. So enforcement
could be as difficult as kicking a 60-yard field goal against the wind.
The roster, complete with listed members, but not those who might be
getting tickets, has to be turned in eight days before the game. For the
Vanderbilt game, that is today at noon.
Maximum block size is 100. Only 50 can sign up. Groups can pick up
tickets for double the number of those listed on the roster. They have to
pick up 60 percent. We think that means if 10 people sign up, 20 can get
tickets and 12 have to. If not, too bad. The group's benched for the rest
of the season. .
Well, Kelvin, you'll soon be pounding the Kenan field turf. We'll be
pounding our pocket calculators. You'll be scrambling for the football in
a swarm of 6-foot-9, 350-pound tackles. We'll be scrambling for our
When the crowd chants U. . .N. . .C. .., we'll chant
X us in
But don't worry number 44. (You are still number 44, aren't you?)
We'll cheer you in our minds. Maybe we'll stand outside the Kenan
Stadium fence and listen to the roaring crowd. Maybe we'll buy shiny
new programs and dream of the good oP days when it was easy to get
tickets to see you and Amos play.
Or maybe we'll just punt.
By CHIP WILSON
Peter Duro, a part-time minister from Columbia, sim
ply wanted to educate his children at home. A Pente
costal, he determined that neither the Tyrrell County
public schools nor a nearby Christian academy pro
moted the religious principles he wanted his children to
So he filed suit in U.S. District Court early this year,
contending that North Carolina's compulsory attendance
law that requires all children under 16 to enroll in school
was unconstitutional. Last month, Judge Franklin T.
Dupree ruled in Duro's favor. But, he said the ruling
would apply only to Duro.
In the hearing, Duro's attorney, George Daly, said
Duro's biblically-based belief in the parent's duty to edu
cate his child was sincere. But Dupree's ruling didn't
center on the question of religious liberty. Instead, the
judge ruled the state shouldn't require children to attend
school when it made no real effort to ensure that non
public schools provide students with an adequate edu
cation. "If the state makes no attempt to maintain minimum
standards in non-public schools," Dupree wrote, "then
its requirement that school be attended amounts to emp
"The court feels compelled to make this decision, des
pite its lack of sympathy with Duro's religious beliefs
and its lack of sympathy with the state's abandonment
of supervision over non-public education."
Dupree referred to a law the Legislature passed in
1979 stripping the State Board of Education of its au-
LETTERS TO THE EDITOR
thority to force non-public schools to, comply with its
standards for teacher certification and competency
testing. ; '
The General Assembly's action resulted from a suit
then pending in the state Court of Appeals. The suit con
tended the state violated the First Amendment rights of
Christian schools by threatening to close down any not
meeting state standards.
Superior Court Judge Donald Smith had previously
ruled against the ministers who brought the suit. They
appealed. The day before the Court of Appeals was
scheduled to hear arguments in the case, the legislators
passed the statute.
Although they agreed with Dupree's assessment of the
state's laxity in regulating non-public schools, the North
Carolina Association of Educators and the State Board
of Education assailed his ruling in the Duro case. The
board voted earlier this month to appeal. .''
"We think the ruling was shocking," said Glenn
Keever, the NCAE's assistant executive director. "It
means innocent children will suffer, because parents
can't begin to take on the responsibility of educating
children in our technological society."
Despite the fact Dupree ruled his decision would af
fect only Duro, Keever said it could set the precedent for
other cases involving the state's compulsory attendance
law two of which are under consideration in state
"The judge opened a Pandora's Box," Keever said.
"Now every person with strong religious beliefs could go
to court and challenge the law by citing this case."
Peter Duro admitted that much. He said he knew of
other people with similar beliefs who had awaited the
ruling before pulling their children out of school. ?
There probably won't be a mass movement toward
home schools, but Dupree's ruling could start a dan
gerous trend. By ruling in favor of Duro, he pointed but
the inconsistencies in the state's educational guidelines.
Without concrete regulations, he said, any attempt by
the state to get students to come to school is empty coer
But, for now, coercion is all the state has to ensure its
students are getting at least some kind of instruction.
The decision in Duro's favor probably resulted from the
fact he is a college graduate who used to teach public
school in New York. Many more people are less quali
fied to instruct their children, yet they could lay claim to
the same religious beliefs and challenge the attendance
The NCAE's Keever was correct in saying Dupree's
decision could mark a dangerous legal precedent. A
federal judge cannot rule on such a controversial subject
and expect it to affect only one family.
For that reason, the board of education was correct in
appealing his decision. It is hoped the state will win.
Whether or not it does, officials will remain bound by
the policy of allowing non-public schools to set their own
The only real solution to the dilemma posed by
Dupree would come if the General Assembly reinstituted
the state's regulation of non-public schools.
Chip Wilson, a senior journalism and political' science
major from Gastonia, is editorial assistant for The Daily
Foreign students oppose health plan
To the editor:
As a group of UNC foreign students,
we would like to express our strong op
position to the University's discrirninatory
. policy of mandatory Blue .CrossBlue
Shield insurance for international
According to UNC International
Center Director Jill Bulthius in "Foreign
students in health insurance bind" (D7H,
Sept. 2, 1982), the health insurance plan
is "recommended." This is an ambiguous
and confusing euphemism because not
only are foreign students required to pur- v
chase this plan prior to registering, but
they are also prevented from exercising
freedom of choice, judgment and respon
sibility in purchasing any U.S. health plan
which is either cheaper or offers better
For a public state university to require
its students to do business with a private
insurance company in this way is mono
' polistic; for to single out non-U.S. stu
dents for obligatory health insurance
plans is discriminatory. '
This policy has caused unnecessary
bureaucratic complications for many of
us enrolled in graduate programs. We
have neither the time nor the resources to
take the legal action recommended to us
by Student Legal Services.
Two particularly regrettable effects of
this policy are: first, foreign students are
required to purchase a 12-month
coverage when they, in some cases, will
only be remaining in the United States for
nine months; secondly, many difficulties
have been encountered ' by students
holding plans sold by non-U.S. com
panies. "The director of the International
Center does not have the time to acquaint
herself with all the different companies,"
(DTH, Sept. 2). In one case this has con
tributed to the decision of one foreign stu
dent to drop out of school.
, We hope that the freedom of choice in
this matter will be restored to us arid that
Vice Chancellor for Student Affairs
Donald ; A. Boulton, will take the
necessary steps to end this discriminatory
and unjust situation.
and 15 other UNC foreign students from
I Great Britain, South Africa,-Spain,
France, Puerto Rico, Italy, Cuba and
Q; Why djdvrf -fhe sfvrfen-r crc -fhe read "?
-f kYs is -the CtaptfK rvtfcwt -v
far ol sertovs v
90 oft to collie.
CLtd yef rrj;o.
No more buns
To the editor:
Maybe you thought the idea of a man
abusing a woman iri such a novel manner
was front page news; maybe the word
"buns" fit the headline space
better, . . . but whatever the rationale
behind printing "Ga. Man Gets 20 Years
for Biting Female Buns" (DTH, Sept. 9),
it is not enough to warrant its appearance
on an otherwise newsworthy page.
The word "buns" is an immature,
derogatory term that helps perpetuate the
notion of a woman's anatomy existing en
tirely for the pleasure of another's whims
such as assault. Presenting this article
in a certain humorous light only serves the
trivialize the offense. -
The sad part of the appearance of this
article is that you probably don't know
you offended anyone. .The infuriating
part is that you will likely choose to re
" .??? ;; v ;-;
To the editor:
You might title this letter a "Short
course in how a Resident Assistant can
really screw over someone he doesn't
like." Naturally, none of what follows is
actually an accusation against anybody,
nor would I dream of suggesting that it
actually happened. It just serves as an
Step number 1: After your resident has
signed his checkout form, just for fun add
a couple of things to it that he will get
charged for. The nice thing is, nobody
can prove you didn't! And even if
somehow he can prove something is
wrong, it really doesn't make any dif
ference. The dorm damage forms are
usually not filed until August, so no mat
ter what, , those charges will keep him
from getting his schedule until he stands
in line in Bynum for two hours!
Step number 2: Here's another neat lit
tle trick. Suite damage isn't assessed until
after all the residents leave, so go wild!
Write down that trash was everywhere,
and assess those people for some bucks!
And what happens if someone comes back
next year and complains? The only proof
is your notes! You're in the clear!
Fortunately, no R.A. at Carolina
would dream of doing something like this.
It sure is a good thing, since that's all the
residents have to protect them.
The Daily Tar Heel welcomes letters
to the editor and contributions of col
umns to the editorial pages. All. con
tributions should be typed, triple spac
ed on a 60-space line and are subject
Column writers should include their
.majors, and hometowns. Each letter
should include the writer's name, ad
dress and phone number. Unsigned
letters will not be printed.
wiss police rescue hostages, arrest gunmen
By SCOTT BOLEJACK
After a bloodless 12-minute raid,
Swiss anti-terrorist police rescued five
hostages and arrested four gunmen in,
the Polish embassy Thursday.
Four Polish gunmen Monday seized
control of the embassy in Bern,
In Thursday's raid, about "20
policemen wearing gas masks and bullet
proof vests stormed into the building
after blowing in the front door with a
remote controlled stun bomb hidden in
a food container.
"I'm overjoyed to be freed," said em
bassy press attache, Stefan Piwowar.
"Although I am very tired, none of us
came to any harm." '
THE WEEK IN REVIEW
Begin said Israel could not possibly
accept a plan which would take away
parts of the West Bank, endanger the
lives of Jews and put Palestinians in con
trol of land so near Israel's border.
Arab leaders, attending a summit in
Fez, Morocco, said they will' accept
Reagan's plan only if Israel recognizes
the PLO and agrees to a Palestinian
state incorporating east Jerusalem.
Israeli officials have rejected such
plans before, and obviously are not will
ing to consider them now; But while
Israel refuses to give ground, there are
signs that Arab leaders are willing to
During a session on Wednesday, Arab
leaders were approaching a consensus
on a mutual offer of recognition be
tween Israel and the Arab states. At the
same time, Syrian leader Hafez Assad
asked Arab leaders to revoke the 1976
mandate which placed Syrian troops in
Lebanon. Withdrawal of Syrian troops
from Lebanon is a condition Israel has
set for withdrawal of its own troops.
IRS still afloat
About 19,000 Internal Revenue Ser
vice employees will not be furloughed
thanks to two Senate Republican com
mittee chairmen who reluctantly agreed
Switzerland, taking hostages and
threatening to blow up the building if
their demands to end martial law in
Poland and free prisoners were not met.
Since then, the gunmen released eight
people. One of those held " hostage
managed to escape Wednesday, by
climbing down a ladder from the second
floor window with the aid of Swiss
The terrorists set 4 a.m. EDT on
Wednesday as the deadline, but extend
ed that by 54 hours in order to give
Polish authorities more time.
Swiss authorities refused to agree to
the demands. And in Warsaw, the
foreign ministry gave its permission for
Swiss police to move into the embassy.
Polish officials also asked permission to
send a special anti-terrorist group to
Switzerland to help end the siege. But
Swiss authorities turned down the offer
and similar offers from other countries
as well. .
Middle East '
Speaking to a Parliament session on
Wednesday, Israeli Prime Minister
Menachem Begin said there was no way
Israel would accept President Reagan's
plan for peace in the Middle East.
The plan, which calls for Israeli
recognition of the Palestine Liberation
Organization and a future Palestinian
state on the West Bank and Gaza Strip,
is supported by the opposition Labor
Party which has grown increasingly
critical of Begin. .
While Begin spoke, several hundred
members of "Peace Now," a group
funded by army officers, demonstrated
outside the Parliament building carry
ing signs which read "No to settlements"
and "No more war."
Prior to Begin's speech, Israeli
warp lanes destroyed a battery of Syrian
anti-aircraft missies in eastern Lebanon,
where Israeli and Syrian forces are
gathered for a possible confrontation.
r'j- ft i .
1 Jl ' 'CU-te
Tuesday to a transfer of Treasury
The move to keep the IRS employees
on the job was instigated by President
Reagan's , veto of a $14.2 billion sup
plemental appropriations bill, which
Reagan said was just another example of
reckless governmental spending.'
The two senators, James B. Abdnor,
R-S.D., and Mark O. Hatfield, R-Ore.,
were pressured into the transfer after
two House Democratic chairmen ap
proved the transfer earlier in the day.
Treasury Secretary Donald Regaiv
also deserves some of the credit. He
spent a good part of the day on the
telephone trying to persuade the two
senators to change their minds.
The Raleigh City Council, at the re
quest of area blacks, voted to ask the
FBI to investigate last week's fatal
shooting of a black man by a white
The investigation will concern the
shooting death of Phil S. McLean , by
police officer Lynn C. Howard.
McLean, who had a history of mental
problems, was shot six times. Police, of
ficials said McLean had threatened
Howard with a knife.
The FBI, which can only , investigate
violations of federal law, will seek to
determine if the shooting was a violation
of the federal Civil Rights Act.
A North Carolina Gvil Rights group
asked a federal appeals court this week
to appoint a special prosecutor to in
vestigate the 1979 confrontation be-.
tween the Communist Workers Party
and the Ku Klux Klan and American
Nazis in Greensboro.
Members of the Greensboro Civil
Rights Litigation Fund want a special
prosecutor to investigate charges that
federal officials supervised undercover
agents involved in the clash which left
five CWP members dead.
President Reagan presented the na
tion's highest civilian honor to U.S.
special enjoy Philip C. Habib for his
"skillful diplomacy and tireless activity"
in bringing about a lasting cease-fire in
Reagan awarded the 62-year-old
Habib the Presidential Medal of
Freedom, saying Habib's work to
negotiate a cease-fire was "one of the
unique feats of diplomacy in modern
Scott Bolejack, a senior journalism
and religion major from Germanton, is
editorial assistant of The Daily Tar