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Coyrts debate returning-
By CRYSTAL BERNSTEIN
Courts in California and New York
have not yet decided what to do with
Eddie Hatcher and Timothy Jacobs,
two Tuscarora Indians who took 20
hostages at a Lumberton newspaper
office last February.
A federal court hearing was held
Monday in California to determine
whether Hatcher will be brought back
to North Carolina and tried on the
federal charge of unlawful flight or
turned over to state authorities in
California, said Barry Nakell, UNC
law professor and one of Hatcher's
attorneys. Hatcher will go back to
From Associated Press reports
WASHINGTON The Supreme
Court, establishing guidelines to test
for drug and alcohol abuse in the
American workplace, on Tuesday
approved mandatory tests for some
workers entrusted with public safety
or who are in sensitive government
, The justices, voting 7-2, upheld
federal regulations forcing railroad
Prom Associated Press reports
WASHINGTON House Demo
crats worked Tuesday on a counter
proposal to President Bush's demand
for a training wage as part of any
increase in the minimum wage,
drafting a provision that falls far short
of what the White House insists is
its last offer.
The White House, in a signal to
Capitol Hill the day before the
planned start of House debate on a
minimum-wage bill, declared the
president has enough support to
sustain a veto if the Democratic
controlled Congress sends Bush a
measure he cannot accept.
The House is expected to take up
the bill on Wednesday and Thursday,
and Republicans plan to offer Bush's
"proposal during the amendment
phase of the work. Just how many
other amendments would be allowed
was the subject of a House Rules
Committee meeting Tuesday.
The Democratic version would
allow employers to paya submini
mum wage for just 30 days compared
with the six-month period in the Bush
It also has a much narrower scope,
allowing employers to pay the train-
ing wage only to newly hired people
who have held a job for less than 30
days in the previous 12 months.
Bush's proposed training wage of
$3.35 an hour would apply to any
worker hired by an employer for the
first time regardless of prior exper-
ience with other companies.
' Democratic sponsors of the House
bill, which would raise the minimum
wage to $4.65 per hour by 1992,
i j .t- . - . '
seinea on me parameters oi a training
wage proposal Tuesday after several
days of discussions, according to the
aides of several congressman involved
in the talks.
" Rep. Austin Murphy, D-Pa., plans
to offer the proposals during consid
eration of amendments to the mea
' sure, the aides said.
Murphy's proposal, barring any
1ast-minute changes, would establish
atraining wage of $3.35 an hour for
1990, when the House bill would
- increase the minimum wage from its
current level, also $3.35, to $3.85.
In subsequent years the training
wage would be 85 percent of the
minimum wage, which under provi
sions of the House bill as .it now
Stands would rise to $4.05 on Jan.
1, 1991, and then to $4.65 on Jan.
Bush has informed Congress that
. he would sign legislation raising the
-minimum wage to $4.25 an hour by
;. 1992, but that he would not support
a higher amount and that his support
for the more modest proposal hinges
on the six-month training provision.
Democrats have conceded pri
. vately that they may have to give up
more on the issue of a training wage
in later negotiations with the White
. On Tuesday, Labor Secretary
Elizabeth Dole presented Bush with
a letter signed by 35 Republican
senators who promised to side with
him if he vetoed legislation because
it increased the minimum higher than
$4.25 or did not have a training wage
provision acceptable to the president.
'' If that support holds up, Demo
crats will be unable to override the
veto in the Senate.
The sponsor of the House bill, Rep
.. Augustus Hawkins, D-Calif., has
agreed to adding a training -wage
despite his longstanding opposition
- to such proposals.
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court on March 27.
Hatcher was placed in custody of
the FBI after he attempted to attain
political asylum at the Soviet
Embassy in San Francisco last week,
said Ronald Ruby, one of Hatcher's
attorneys in New York.
Jacobs is in custody in New York
with an appeal pending on the ruling
of a N.Y. judge to extradite him to
North Carolina. A hearing was held
Monday to determine whether he
should be released on bond, Nakell
N.Y. officials had given Jacobs a
temporary stay of extradition that
ett guidelines for d
workers involved in accidents to
undergo blood and urine tests. By a
separate 5-4 vote, the court ruled that
the U.S. Customs Service can order
urine tests for employees seeking
drug-enforcement jobs or positions
that require they carry firearms.
The court ordered further lower
court hearings to determine whether
the Customs Service rules also should
apply to workers with access to
While the two cases do not deal
with random drug testing, the court
gave government officials and regu
lators broad powers to require tests
for workers in sensitive jobs.
Bush administration officials
hailed the rulings. Union officials
who had challenged the mandatory
tests said they were disappointed, but
some expressed hope that the impact
would be limited.
Justice Anthony Kennedy, writing
for the court in both cases, said such
tests do not violate workers' privacy
rights even though they may be
conducted without a court warrant
or suspicion that an individual is
Located in the
expired Monday, said Lewis Pitts, an
attorney representing Jacobs.
Pitts and his colleagues submitted
papers to prolong the stay, believing
a N.Y. magistrate made an error in
deciding to release him to N.C.
officials. Pitts is affiliated with the
Christie Institute South in Carrboro.
Jacobs' request for an extradition
stay in New York was denied Tues
day. He now must return to North
Carolina to be tried on the kidnap
ping charges, said Alan Gregory,, a
staff attorney for the Christie Institute
Attorneys have filed a civil rights
lawsuit to have the kidnapping
using drugs or alcohol.
While the rulings do not directly
affect most private employment, they
will likely encourage private employ
ers who impose, or plan to impose,
If anything, there is less protection
for workers in private jobs because
the Constitution's guarantees of
privacy generally only restrict actions
by government officials.
Tuesday's rulings directly affect
other drug and alcohol testing pro
grams conducted by federal, state and
local governments. For example, they
could be used to support testing of
police and firefighters.
In the railway workers case,
Kennedy said, "The government
interest in testing without a showing
of individual suspicion is compelling.
Employees subject to the tests dis
charge duties fraught with such risks
of injury to others that even a
momentary lapse of attention can
have disastrous consequences."
In the companion case, Kennedy
said waging a war on drugs demands
that Customs workers in key jobs be
best place for used textbooks
charges dismissed, in hopes his case
will not have to be tried in North
"We submitted evidence in testi
mony demonstrating that Timothy
Jacobs' life would be in jeopardy if
he were sent back to North Carolina,"
Pitts said. Jacobs' life would be
endangered because he has accused
Robeson County sheriff Hubert
Stone and his son of involvement with
drug traffickers, he said.
The problems between officials and
minorities in Robeson County need
to be exposed, Pitts'said. "That would
turn the light on.
fit and immune to bribes or
"The Customs Service is our
nation's first line of defense against
one of the greatest problems affecting
the health and welfare of our pop
ulation," he said. "The government
has a compelling interest in ensuring
that front-line interdiction personnel
are physically fit and have unim
peachable integrity and judgment."
Justice Thurgood Marshall, in a
dissenting opinion in the railway
workers case, said the court was
to momentary public
majority's acceptance of
blood and urine testing
that the first, and worst.
casualty of the war on drugs will be
the precious liberties of our citizens,"
Attorney General Dick Thorn
burgh hailed the decisions.
"What the Supreme Court tells the
American people today is that federal
officials have been acting properly in
pressing our fight for a drug-free
federal workplace," he said.
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of North Carolina at Chapel Hill
of the Carolina Campus
The Daily Tar
"The easiest way to turn that light
off would be to kill Timothy Jacobs,
and that's what we're afraid would
Both Hatcher and Jacobs were
acquitted in October on federal
charges of conspiracy to take hos
tages, possession of unregistered
firearms and several other charges.
They were later indicted on state
charges of 14 counts of second-degree
From Associated Press reports
Fletcher, who reluctantly agreed
to become head of NASA just
after the Challenger accident in
1986, announced Tuesday that he
is resigning effective next month.
Fletcher, 69, submitted his
resignation to President Bush and
said he would leave the National
Aeronautics and Space Adminis
tration April 8.
"It has been a pleasure to serve
you, both in your capacity as vice
president and in recent weeks as
president," Fletcher said in his
letter of resignation. "I look
forward to an eminently successful
Fletcher first served as NASA
administrator from April 1971 to
May 1977. In May 1986, after the
January Challenger accident in
which seven astronauts were
killed, then-President Reagan
asked Fletcher to return to the job
until the shuttle program was
Fletcher said at the time that
he was taking the job reluctantly,
but that he felt an obligation.
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Heel Wednesday, March 22, 19893
tp - 'N.C
The maximum punishment for
each count is 30 years in prison,
Hatcher, 31, and Jacobs, 20, took
over the office of The Robesonian
newspaper on Feb. 1, 1988, and
demanded to speak to Gov. Jim
Martin about acts of injustice toward
blacks and Indians by Robeson
He supervised the long effort of
NASA to redesign the flawed
rocket engine that caused the
Challenger accident and helped to
develop a new management sys
tem that puts a .greater emphasis
on quality control and safety for
the shuttle program.
The space shuttle returned to
flight last year, and the third post
Challenger flight was successfully
concluded on Saturday. Fletcher
said Tuesday he now feels he can
"safely place the leadership of
NASA in another's hands."
Following the Discovery launch
last week, Fletcher told reporters
that he wanted to retire and that
President Bush had not named a
Fletcher said then that White
House officials told him a new
NASA chief would be selected
soon, but he added that such
promises had been made before
and not fulfilled.
With a total of nine years,
spread over two tenures, Fletcher
has been administrator of NASA
longer than any other person.
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