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2The Daily Tar Heo! Wednesday, September 9, 1987
N.C. SmpFeme Comrt decides Martin lawsioite
By MICHAEL JORDAN
The state Supreme Court ruled
against Gov. Jim Martin on one of
two highly publicized lawsuits against
the state last Thursday and granted
him a partial victory in the other.
In the first lawsuit, Martin con
tested a 1985 law which gave the chief
justice of the Supreme Court, rather
than the governor, the authority to
appoint the director of the State
Office of Administrative Hearings.
Martin said the law violated the
separation of powers clause of the
state constitution, said John Sim
mons, administrative deputy to the
Simmons said court records show
the justices disagreed with Martin by
a 5-1 vote. Chief Justice Jim Exum
abstained from the vote.
Dissenting from the majority
opinion, Associate Justice Harry
Martin wrote that the judicial branch
had stepped into the sphere of
Court partiers to participate in recycling program
By LEIGH ANN MCDONALD
Recycling used aluminum cans,
glass bottles and newspapers prevents
these materials from being buried in
the Chapel Hill landfill and saves
energy needed to make new materials.
"If something can be used again,
why bury it? said Blair Pollock,
Chapel Hill recycling coordinator.
Participation in the Chapel Hill
recycling program appears to be
increasing since the town began the
By MEG CRADDOCK
As far as most educators are
concerned, television and education
mix about as well as oil and water
but public broadcasters in Ken
tucky want to change that opinion.
The recently revised "GED on TV"
is a program aimed at helping adults
pass the General Educational Devel
opment test, the national high school
'Tie program, started by Kentucky
jcational Television, consists of 43
grams covering reading, writing,
d arithmetic, said Sid Webb,
president of KET. The programs
resemble documentaries rather than
typical school lessons, he said.
The N.C. Center for Public Tel
"By placing the yoke of this
appointive power upon the chief
justice, the judicial branch has been
cast adrift upon uncharted waters
amid the rocky shoals of political
influence," he wrote. "The genius of
the doctrine of separation of powers
is to prevent such result."
The second decision involved three
Simmons said the court deter
mined that the Council of State
overstepped its authority in 1985
when it ordered the Department of
the Administration to keep the
Lumberton branch of the Employ
ment Security Commission in the
same location rather than accepting
bids for a new location.
The Council of State is composed
of 10 North Carolina officials who
are elected on a statewide basis. It
is responsible for determining which
bids to accept for location of govern
In the second ruling the court said
the state attorney general, not the
program last May, Pollock said.
"The town collected 26 tons of
newspaper, 7.5 tons of glass and 700
pounds of aluminum during the
month of August," he said.
The town is planning a fall campus
collection program with football
Saturday collections made at frater
nity parties, Pollock said. Collection
bins will be placed at the parties with
people standing by to ensure that the
glass and aluminum trash is separ
ated, he said.
helps adults pass exam
evision has been using the "GED on
TV" program for the past year and
plans to continue using it in the
future, said Paul Vandergrift, director
of educative services.
The rights to the program for the
next five years cost less than $30,000
and are snared by the Center and the
N.C. Community College system.
In North Carolina, educators use
the programs in conjunction with
adult education programs in com
munity colleges, Vandergrift said.
Information about the programs is
broadcast on public television sta
tions, and the actual programs are
used in community college courses,
"The programs are used as supple
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of 1 0
governor, represents the state in legal
matters, Simmons said.
This decision means the attorney
general not only represents the state
in legal issues, but also determines the
state's legal position. He said Martin
does not agree.
The court agreed in the third ruling
that the governor can employ outside
counsel to represent his case in court
when he and the attorney general
Martin would not comment on the
decisions until he had fully reviewed
them and consulted his legal advisers,
said Tim Pittman, the governor's
The results were basically what the
attorney general had expected, Sim
mons said. But the partial victory the
court awarded Martin was not as
large as it seemed, he said.
Despite the court having refused
to make a decision on whether the
governor could veto the Council of
State, a power Martin had claimed,
Simmons said the wording of the
Bottles and jars donated to the
town must be empty and separated
by color, and the only paper source
accepted is untied newspaper, Pol
"We can only accept aluminum
beverage cans no pie plates or
other aluminum products," Pollock
said. "Aluminum cans are recycled by
aluminum can makers."
Boy Scout Troop 39 accepts all
kinds of paper, such as magazines,
ments to the existing classroom
structure, Vandergrift said.
Since its implementation in 1972,
the GED program has raised high
school graduation rates dramatically.
The number of Kentucky residents
passing the GED since 1972 has risen
by 30 percent, Webb said.
One of the best aspects of the
program is that people can tune in
only to the shows emphasizing the
skills they need, Webb said.
"The programs help people where
they are weak and tell them whether
they are ready for the test," he said.
"GED on TV" has been offered free
of charge to public television stations
in other states for the past year, Webb
said. The offer will end in September.
decision showed the court disagreed
with the governor.
"It was very implicit in saying the
governor had only one vote in the
Council of State," he said. "The
language of the opinion implied that
the governor is a member of the
Council of State and as such has only
John Hunter, assistant legal coun
sel to the governor, said he disagreed
with Simmons assessment of the
decision's wording but declined to
comment on the decision.
Hunter said Martin filed the two
suits in early 1986.
Simmons said the decision that the
Council of State had overstepped its
authority was based on statutory law
rather than constitutional law.
Because it is statutory law, the
legislature could merely change it to
circumvent the governor.
Pittman said he expects the gov
ernor to respond to Simmons state
ments by next week.
computer paper and cardboard, said
troopmaster Jim Mackorell.
The Scouts have been collecting
recyclable material as a community
service project since 1973 because the
landfill is filling up, Mackorell said.
Recycling aluminum also saves 98
percent of the energy used to make
new aluminum, recycling glass saves
88 percent and recycling paper saves
68 percent, he said.
The troop operates a shed next to
the animal shelter on Municipal
Drive where people can deposit their
recyclable garbage day and night.
"We also pay 30 cents a pound for
aluminum products on Saturdays
from 9 a.m. until 12 noon," Mackorell
The recycling programs have not
made a profit for the town or the
Boy Scouts, according to Pollock and
"A good way to put it is we are
doing our civic duty," Pollock said.
The town has seven dump sites for
recyclable waste: the Orange County
Public Works Yard on Highway 86,
Cedar Falls Park on Weaver Dairy
Road, Umstead Park on Umstead
Drive, Shogun Restaurant on Hamil
ton Drive, the Chapel Hill Recreation
Office on Plant Road and Plantation
Plaza Shopping Center at the inter
section of Highway 54 West and the
Highway 54 Bypass.
CANDIDATES. . .AND MAY
Persian Gulf cease-fire ends
as Iraqi planes attack ships
From Associated Press reports
. MANAMA, Bahrain Iraq
said its warplanes attacked two
ships Tuesday night near Iran's
Kharg Island oil terminal, ending
a brief lull in the Persian Gulf
tanker war before a U.N. peace
mission to the region.
The official Iraqi News Agency
said two "large maritime targets,"
which usually mean tankers, were
hit at 9 p.m. east of Kharg. It did
not identify the vessels and there
was no independent confirmation
of attacks near the terminal in the
Iraq's announcement raised to
25 the number of ships reported
hit since Aug. 29 by either Iran
or Iraq, which have been at war
since September 1980.
Before the latest round, there
was a six-week period after pas
sage of a U.N. cease-fire resolution
during which few raids on com
mercial shipping occurred and
Iran increased its oil exports by
about 20 percent.
In its report of the raids Tues
day, the Iraqi agency quoted a
military spokesman in Baghdad as
saying: "Iraq will continue its
attacks against Iran until the
Iranian regime accepts to live with
the people of the region in peace
and puts an end to the war
according to U.N. Security Coun
cil Resolution 598." The resolution
was passed July 20.
Mudslide disaster in Venezuela
Civilian volunteers joined troops
and civil units Tuesday in the
search for survivors of a 10-foot-deep
tide of mud that swept
hundreds of cars off a mountain
No official casualty figures have
been released. Unofficial reports
said there were 150 known dead
in the mudslide and floods, 250
missing, 1,000 people injured and
The mudslide roared down the
mountain Sunday after torrential
rains wiped out three miles of the
Army helicopters carried food
and medical supplies to the
An army officer involved in the
rescue effort predicted there were
many more dead to be found.
EE -THE P1ESIDENTIAL
Friday, September 11
Dean E. Smith Center,
University of North Carolina at
Democrats, 9:30 to 11:30 am
Republicans, 1:30 to 3:30 pm
Almost everybody, including:
Joseph Biden, Jr.
G o vernor James G . Martin;
former Governor James B.
Hunt, Jr.; television
commentator Judy Woodruff;
and New York Times editor
Free. Advance tickets can be
picked up at the Smith Center
Ticket Office, other Triangle
universities, and all Intimate
Bookshops. For more
information, call the Smith
Center at (919) 962-2296.
September 11th and rate the slate!
News in Brief
Aides didn't tell Bush
WASHINGTON Aides to
Vice President George Bush
received a stream of clues indicat
ing Lt. Col. Oliver North was
"chairman of the board" of a secret
effort to resupply contra rebels in
Nicaragua, but they never told
Bush, according to depositions
and documents made public
The vice president was not told
of allegations that a group of
corrupt profiteers with unsavory
connections was overcharging the
contras for weapons and supplies
because the information was not
certain, said Army Col. Samuel
An April 30, 1986 memo written
by Bush's aides tied him to former
CIA agent Felix Rodriguez, iden
tifying him as a counterinsurgency
expert visiting from El Salvador
who would brief Bush "on the
status of the war in El Salvador
and resupply of the contras."
Bush, the front-runner for the
1988 Republican presidential
nomination, has said he was not
aware of private efforts to arm the
Nicaraguan rebels at a time Con
gress had banned U.S. assistance.
Watson and Bush's national
security adviser told investigating
committees last May and June
that it was a mystery to them how
the words got into the document,
which was made public Tuesday.
Superpowers discuss emigration
WASHINGTON The Uni
ted States and the Soviet Union
are discussing an overhaul of
Soviet emigration rules to make
them "less arbitrary," Secretary of
State George Shultz said Tuesday.
The superpowers are looking
for procedures to make emigration
more humane and understanda
ble, Shultz said.
He and other State Department
officials welcomed reports from
Moscow that mathematician Iosif
Begun and a handful of other
Jewish dissidents would be
granted exit visas.
Referring to a possible U.S.
Soviet summit, Shultz said, "peo
ple all ascribe it to the imminence
of a meeting of some kind."
Pete du Pont