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Sewing the students and the University community since 1893
Volume 98, Issue 33
Thursday, April 19, 1990
Chapel Hill, North Carolina
if (I 0 l W
Pro-Iranian group offers
freedom to one hostage
BEIRUT, Lebanon A pro-Iranian
group holding three American educa
tors hostage promised on Wednesday
to free one hostage within 48 hours as a
humanitarian gesture and said he would
carry a message for President Bush.
Reliable diplomatic sources in the
Syrian capital, Damascus, confirmed
an American would be freed in Damas
cus on Friday.
The group, Islamic Jihad for the
Liberation of Palestine, did not say
which of the three would be freed. Its
statement was accompanied by an in
stant photograph of Jesse Turner of
The group also holds Alann Steen
and Robert Polhill.
Kenya, Tanzania suffer
rising death toll in floods
NAIROBI, Kenya Heavy rain
and flooding killed more than 140
people in Kenya and Tanzania in recent
weeks, police said Wednesday.
In the latest deaths, seven people
died when their canoe capsized on Lake
Victoria during a tropical rainstorm,
and five drowned when their family car
was swept down a fast-flowing river
Saturday, police said.
The latest deaths raise to 44 the
number of Kenyans who have drowned
since the annual rainy season began six
In neighboring Tanzania, more than
100 people have drowned and 25,000
left homeless by floods in the last two
weeks, according to police in the capi
tal of Dar es Salaam.
Border Patrol accused of
abusing illicit immigrants
WASHINGTON A human rights
group said Wednesday that U.S. Border
Patrol agents had mistreated and even
killed Mexicans trying to illegally en
ter the United States.
But Border Patrol representatives
said the agents were defending them
selves along an increasingly violent
U.S.-Mexican border, where they faced
attack from bandits and aliens who
tried to force their way into the United
Violence along the border was the
subject of a hearing sponsored by the
House Foreign Affairs subcommittee
on human rights and international or
ganizations. "It is clear that something
is wrong on our borders," said Rep. Gus
Yatron, D-Pa., the subcommittee chair
man. Supreme Court rules on
taxes, right to privacy
WASHINGTON The Supreme
Court ruled that a federal judge may not
personally raise property taxes to pay
for school desegregation but can order
school officials to do so.
By a 9-0 vote, the court said U.S.
District Judge Russell Clark abused his
discretion when he personally imposed
a school district tax hike in Kansas
The court also ruled states may out
law all possession and viewing of child
pornography, even in private homes.
By a 6-3 vote, the court upheld an
Ohio law that makes it a crime to pos
sess child pornography.
From Associated Press reports
Miniature rain forest directs atten
tion to a vanishing global asset ....2
Fighting for night rights
Symbolic march aimed at reclaiming
women's safety 3
Local school helps NASA battle hot
rumors of toxic tomatoes. .........4
'Campus and city , 3
Features : 4
Sports i 5
Classified : 7
Man shapes himself through decisions that shape his environment. Rene Dubos
suit agatast stodemt
When Michael Berard decided to go
into the T-shirt printing business in the
summer of 1 987, he did not anticipate a
lawsuit from Anheuser-Busch Brew
ing Co. for trademark infringement.
The senior from Elizabeth City now
faces a potentially bankrupting court
case against his company. 'Theoreti
cally, I could lose everything," he said.
Berard came up with a design for the
T-shirt from one he had seen on campus
during the 1986-87 school year with
"This dorm is for You" printed on it, he
said. While living at the beach during
the summer, he finalized a design for a
T-shirt and consulted a patent, trade
mark and copyright specialist in Raleigh
who said his design was safe to print.
The T-shirt Berard designed featured
a drawing of a can printed in red and
blue that said, "Nags Head the King
of Beaches," a slogan similar to
Budweiser's. Other similarities in
cluded a single line on the back that
said "This Beach is for You."
The following spring, Berard formed
a company, Venture Inc., and started
making the shirts in large quantities.
He sold them to large retail stores in
Nags Head and Virginia Beach as a
kind of marketing test, he said.
"I thought it was all right to sell
them. I didn't hide anything. It was all
out in the open. It wasn't like bootleg
ging or anything."
The first batch of shirts sold well, he
said, so before the summer of 1989,
Berard sought out new places to sell
them. Wings, a chain store with more
than '25 locations along the East Coast
and a store in Myrtle Beach, was one
place that bought the T-shirts, he said.
No Co social issues
By KYLE YORK SPENCER
Harvey Gantt, a Democratic candi
date for. the U.S. Senate, told support
ers he would address a wide range of
social problems if elected and indi
cated support for increased spending
on education during a fund-raising
speech at the Horace Williams House
He said he felt "very welcome here
because I care about the same issues
(the residents) do."
Gantt, who served three terms as
Charlotte councilman and two terms as
Charlotte mayor, spoke to about 50
Chapel Hill residents. He was intro
duced by Chapel Hill Mayor Jonathan
Howes, who praised Gantt for his past
involvement in state politics and wished
him luck in the May 8 primary.
Gantt placed an emphasis on tradi
tional family values and the social is
sues plaguing the state.
"We are in a state that has some
problems. We are in a nation that has
some problems. I know because I've
talked to folks about this," he said.
Gantt said his major concerns were
drugs, the environment, the family and
By SHANNON 0'GRADY
The need for animal research to
continue progress in biomedical re
search was stressed in a symposium
sponsored by the Triangle and UNC
chapters of the Coalition for Animals
and Animal Research (CFAAR).
About 100 students and community
members gathered in Fetzer Gymna
sium Wednesday night for the sympo
sium, which featured speakers from
NCNB's McColl selected as
By VICTOR E. BLUE
This year's Commencement Day
speaker has several connections to the
Hugh McColl, chief executive offi
cer of North Carolina National Bank,
will deliver the address. He had planned
to attend Commencement before he
was asked to speak because his daugh
ter Jane is graduating from UNC this
His family has a long history of
graduates from UNC. McColl was a
1957 graduate. His father, a sister, two
Wings alone sold a large quantity of
shirts, Berard said, and at the end of the
summer he received a check from the
store for $27,000.
Payment on the check was stopped
soon after Berard received it, he said,
although he did not know why. Appar
ently, representatives from Anheuser
Busch came to the store, seized about
4,000 shirts and stopped payment on
the check without notifying Berard.
"For months I tried to find out why,"
he said. "I would call Wings and they
would give me the run-around. No one
would tell me anything."
Two months later, Berard's mother
received a phone call from people rep
resenting themselves as UPS (United
Postal Service) employees. When they
came to her office, they turned out to be
"Solving these problems might even
cost us all a little bit. But America will
be a stronger nation," he said.
He called for a change in the health
care structure and talked about strength
ening the household without stepping
on people's rights. He discussed the
need to educate the nation's children
better and the importance of effectively
competing with a united Europe in
business and trade.
Gantt said other leaders talked about
education but weren't willing to put the
money into it.
"I'm an activist," he said. "I won't be
fearful of terms like liberal. I think it's
time to address honestly the problems
in our nation."
Twice during his speech Gantt
compared himself with incumbent Sen.
Jesse Helms, a Republican. Gantt said
Helms had attempted to be the nation's
moral arbitrator, making judgments on
art and sexuality. In contrast, Gantt said
his aim was to address "real moral
crimes" including poverty and infant
"I'm so excited about challenging
Jesse Helms in the fall," he said.
See GANTT, page 9
UNC, Duke University and the organi
zation of the Incurable 111 for Animal
UNC professor Michela Gallagher
began the forum by distinguishing be
tween animal rights and animal wel
fare. "The goal of the animal rights
philosophy is to do away with all
Animal welfare activists support the
humane treatment of animals, Gallagher
said. "I am definitely an animal welfare
brothers and one son are also UNC
alumni. McColl's other son is a gradu
ate student in the business school.
. "I feel like we're a Carolina family.
We all love this school, and coming
home is important to me. I feel hon
ored, challenged, and I hope to do a
Greg Zeeman, senior class vice presi
dent, said he thought it was important
for the Commencement speaker to have
a connection to the University as well
as to the graduating class.
"There is a bond between him and
our class," Zeeman said. "You want
a U.S. Marshal, an Anheuser-Busch
lawyer and a private investigator, he
said. They proceeded to raid her office
and to seize 200 of the T-shirts, Berard
said. It was at this time that Berard
learned he was being sued by Anheuser-Busch
for trademark infringement.
Anheuser-Busch attorneys declined
comment Wednesday on their involve
ment in the case and on their policy
concerning trademark laws.
Because Venture is incorporated,
Berard has some protection.
"A corporation will shield sharehold
ers from liability," said Tom Hazen, a
professor in the UNC School of Law.
Berard said he was the corporation's
But Anheuser-Busch is trying to get
past the protection of the corporation in
order to sue the corporate directors,
Berard said. "A motion has been made
by the prosecution to pierce the corpo
Robert Reeves, Berard's lawyer,
said: "Our position is that the design
was intended to be an amusing parody
of several of Anheuser-Busch's slo
gans. A parody is defined as a clever
twist of a phrase that is intended to be
amusing or satirical.
"In order for a parody to be effective,
it must necessarily bring to mind the
slogan or the symbol being parodied.
Otherwise, it would not be an effective
Because more than 80 percent of the
shirts were sold in South Carolina, the
case against Berard will be tried in a
federal court in Florence, S.C.
Berard said he was optimistic about
his upcoming trial. "I will be happy
when it's over so I can get on with my
. y -3 f
s ' & i
. f v - .
Harvey Gantt campaigns at the
continued use of research animate
advocate, and I think most scientists
are. Scientists have conducted research
under sets of guidelines that show a
good deal of sensitivity of the welfare
Alan Willard, assistant professor of
physiology, followed Gallagher by
explaining how cell cultures are used in
research. He said the cells used in his
research came from young or fetal rats
and were kept alive by other animal
products such as serum.
someone who is more than just a name;
you want someone with a connection to
the class so the individual will be in
formed about what it's like to be a
student at UNC."
Senior class officials said they were
impressed with McColl's commitment
to his alma mater and his commitment
to the community. McColl is a member
of the UNC-Charlotte Board of Trus
tees and has been involved with UNC's
Bicentennial Steering Committee.
"Mr. McColl is a most fitting choice
because of his strong devotion. to his
alma mater," said Bobby Ferris, senior
Vimik for vice
resident ost 1
By JENNIFER DUNLAP
Following controversy over Stu
dent Body President Bill Hildebolt's
selection of Grant Vinik for student
body vice president (SB VP), Student
Congress approved Vinik Wednes
day by a vote of 22-0 with six absten
tions. Hildebolt had been criticized for
choosing third-ranked Vinik, a white
male, over first-ranked Mark Bibbs,
a black male, or second-ranked
Meridith Rentz, a white female.
Corey Cornwell (Dist. 17) said he
wanted to know why Hildebolt passed
over two minority candidates, when
he had promised during his cam
paign to bring diversity to student
Hildebolt said he was in the proc
ess of appointing several minorities
to positions in his administration.
"I don't feel that one appointment
a student government makes," he said.
"I chose Grant Vinik solely because
I felt he was the most qualified for the
position, not because I gave any
consideration to the race or gender of
any of the nominees."
Although race and gender are
usually considered when classifying
minorities, religious status can also
be a factor. Vinik, who is Jewish,
could be considered a minority, Hil
Vinik said he was very sensitive to
the concerns of other minorities on
campus. "I am a first-generation
immigrant and of Jewish descent. I
know how it feels to be discriminated
Horace Williams House Wednesday as
"The use of cultures very much in
volves the use of animal tissues and
products," he said. "Experiments in
cultures show what cells can do. Ex
periments in animals are necessary to
show what cells actually do."
The conservation of animal species
was introduced by Carel Van Schaik,
associate professor of biological an
thropology and anatomy at Duke Uni
versity. "Protection against extinction
is a basic right of every species."
......-.-.-.............--.......-.-... .v. . x .:.:-.-.-.. ....'.' . --. v
x, s ? ?
m ill i
Commencement Day 1990
class president. "He has consistently
been a leader as an alumnus in advanc
ing the goals of the University.
"He is the prototype of a new genera
tion of business people who have a
stronger sense of the public service
aspect of their business careers. He is a
man of great sensitivity and vision who
can turn those values into action."
Zeeman said: "McColl is a great
spokesman for the University. And by
being a leader in business we hope he'll
be an inspiration for graduating sen
iors. It's mutually flattering for both
the University and for McColl to speak
f ... .
"I have been a champion of
women's and minorities' causes since
my first day here. I can not stress how
strongly I feel about this issue."
Hildebolt said Vinik's extensive
experience in student government and
residence hall government were two
of his many credentials.
Todd Wyatt (Dist. 4) said he fa
vored Vinik's appointment. "He
(Vinik) has the ability to be diplo
matic and he has something the ex
ecutive branch of student government
lacks right now integrity."
Jiirgen Buchenau (Dist. 3) also said
Vinik should be approved because he
was qualified. "He (Vinik) was se-
See CONGRESS, page 9
Mayor Jonathan Howes listens
The primate center at Duke is work
ing to save animals from extinction,
Van Schaik said. "I would like to save
as many species as possible."
The final address was given by Steve
Carroll, executive director of iiFAR.
The biggest problem with the animal
rights movement is the lack of public
knowledge, he said. "Like nearly eve
rybody else, I have benefited from
See CfFAAR, page 9
at the most celebrated occasion that the
University holds each year."
The selection process for a Com
mencement speaker began last spring.
An informal poll was conducted to take
suggestions about a speaker, and about
60 names were listed, Ferris said. The
senior class did not establish a special
committee to come up with a name.'
"Over the summer we spent months
looking for a speaker who would best
match student opinion," Ferris said.
"During the school year we worked
See SENIOR, page 9