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Serving the students and the University community since 1893
Volume 98, Issue 77
Wednesday, October 10, 19S3
Chapel Hill, North Carolina
Fee Mke pr ipedl to. t cpoose to cunts
JUL iL Jul
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sparks Arab wrath
NICOSIA, Cyprus Much of the
Arab world bitterly condemned the
killing of 19 Palestinians in Jerusalem
by Israeli forces, and some extremists
vowed Tuesday to exact vengeance
against Israel and the United States.
The killings at Jerusalem's Temple
Mount sacred to both Islam and
Judaism could drag Israel into the
Persian Gulf dispute at a time when it
has been trying to avoid just that.
Middle East experts in Jordan ex
pressed concern that Monday's deaths
might trigger terrorist acts which could
be interpreted as Iraqi-sponsored and
bring the U.S.-led multinational force
and Iraq closer to war.
Palestinian terrorist Abul Abbas
threatened to retaliate unless the United
States cuts its strategic ties with Israel.
President Saddam Hussein of Iraq said
the deaths brought Israel closer to "the
Iraq called for U.N. action, while the
radical Moslem Brotherhood in Jordan
called for a Jihad, or Holy War, to
liberate Palestinian land.
House to investigate
bank's loans to Iraq
WASHINGTON Despite a request
from Attorney General Dick
Thornburgh, a House committee chair
man refused Tuesday to stop investi
gating secret loans to Iraq from the
Atlanta office of an Italian bank.
In a letter to Rep. Henry Gonzalez,
chairman of the House Banking Com
mittee, Thornburgh said publicizing the
case of Banca Nazionale del Lavoro
could jeopardize the Justice
Department's criminal investigation of
"This is a sensitive case with national
security concerns," he said. A committee
hearing, scheduled for Oct. 16, "raises
the prospect that culpable parties will
elude prosecution," he said.
"The purpose of this letter is to express
my profound disappointment in your
decision to ignore the strong objections
of this department," Thornburgh wrote
Gonzalez, D-Texas, said the case,
which could cost the U.S. government
hundreds of millions of dollars because
it guaranteed some of the loans, "in
volves a serious regulatory breakdown."
8 stabbed during
S. African rampage
DURBAN, South Africa Blacks
armed with knives went on a rampage
Tuesday and stabbed eight whites, rais
ing the specter of new racial violence,
About 20 young blacks stole knives
from a store and began stabbing people
along abeachfront street, police said.
They were in a berserk state and
were lashing out with knives at anyone
who was near them," witness Robert
Trulock told the independent South
African Press Association.
Two suspects were shot and wounded
by police, and seven were arrested,
The attack may have been racially
motivated, said police Lt. Nina
Barkhuizen. Police were investigating
the possibility that some participants
wore badges of the Pan Africanist
Congress, a militant black opposition
group, she said.
From Associated Press reports
Animal shelter houses many pro
spective pets 3
: Students and mentally handicapped
children meet through program ...14
Hooping it up
Basketball ticket distribution infor
mation available J
Campus and City 3
Arts and Features 4
Opinion i 10
: 1990 DTH Publishing Corp. All rights reserved
By ASHLEY FOGLE
A $600 increase in student fees over
a three-year period is one solution being
proposed by student leaders to offset
the budget crisis on campus.
Student Body President B ill Hildebolt
and Student Congress Speaker Matt
Heyd introduced a proposal for the fee
increase to University administrators
over the summer. The budget crisis was
the primary reason for proposing a fee
increase, Hildebolt said.
Hildebolt and Heyd drafted the plan
By DOUG FERGUSON
Chapel Hill police have made an
arrest in response to the Sept. 29 attacks
on Franklin Street.
According to police reports, Henry
Green DeShane of 220 Knoll St. in
Chapel Hill was arrested Monday and
charged with two counts of simple as
sault. Police officials said DeShane, a
16-year-old Chapel Hill Senior High
School student, was released into his
parents custody after a trial date was
Chapel Hill Police Captain Ralph
Pendergraph said the Sept. 29 attacks
prompted the police department to as
sign two special investigators to the
case. The investigators issued a warrant
for DeShane's arrest after they received
information indicating he might be
Witnesses of the Sept. 29 incident
said the trouble started in the Barrel of
Fun arcade where UNC student Gray
Brooks was assaulted after he refused to
give money to three assailants.
Brooks said the attackers were teen
age males who left the arcade after their
"leader" struck him twice. Brooks said
although he had decided earlier not to
press charges, he changed his mind af
ter a suspect was identified.
"Once I found out (the attack) was
more than just an isolated incident, I
decided to go ahead and press charges,"
Brooks said. "Possibly, it will stop this
See ARREST, page 9
AnheuserSusch loses trademark lawsuit to alumnus
By JENNIFER PILLA
Assistant University Editor
A jury ruled in favor of former UNC
student Michael Berard in Anheuser
Busch's trademark infringement case
against him in May, but a motion by the
company for a judge to overturn the
decision still is pending.
Because of the motion, the court will
not return to Berard the approximately
4,200 T-shirts which were seized when
the suit was filed. Berard, who graduated
in August, cannot begin selling the T
shirts in question until the case is settled.
The company sued Berard for selling
T-shirts which featured a drawing of a
can similar to a Budweiser beer can
with the slogans "Nags Head the
King of Beaches" and "This Beach is
By MARCIE BAILEY
Six teachers at the Frank Porter Gra
ham Family and Child Development
Center have filed grievances against the
state and center because of a regulation
that could cost the center's teachers
their jobs in October 1991.
The teachers, who have worked at
the center an average of 16 to 18 years
each, will lose their jobs if they are
unable to obtain bachelor's degrees by
the 1991 deadline.
Donna Bryant, director of the Family
and Child Care Research Program, said
she supported the requirement. Teach
ing at the center requires extensive
knowledge in assessing and evaluating
educational plans for the children and
working with handicapped children on
a personal level, she said.
"This is not just a day-care center,"
The center is giving teachers the
choice of obtaining the required cre
dentials or of finding another job, she
"We are pursuing every avenue to
help the teachers," she said. "We are
hoping to handle this as responsibly and
humanely as possible for the 12 teach
Roses are red, violets are blue, I'm a schizophrenic, and
in response to an ad-hoc committee
discussion about generating revenue. In
the proposal, Heyd and Hildebolt sug
gested generating revenue by increasing
student fees and established guidelines
for spending the money.
"My gut reaction is that to raise stu
dent fees $600 to pay for things is crazy,"
he said. "But this is a strange situation.
These budget cuts are not going away."
Student fees, unlike tuition fees, stay
within the school instead of being pooled
with other state revenues in the General
Fund. Student fees normally are in
-ji '-. : . .vi ; v '"
U.S. Congressional candidate John Carrington addresses College Republi
cans Tuesday night in Howell Hall. See story, page 2.
Berard formed a company, Venture
Inc., and began printing and selling the
shirts in the summer of 1 988. He learned
he was being sued for trademark in
fringement in September 1989 when a
U.S. Marshal, an Anheuser-Busch
lawyer and a private investigator visited
the office of his mother, Pauline Berard,
and seized 200 of the T-shirts.
Robert Reeves, Berard's lawyer, said
the judge has no time limit for hearing
the motion. "There are no deadlines,"
he said. "Frankly , these types of motions
are very standard. Either side can make
them. You just ask the judge to review
the evidence and the jury's decision."
Berard's mother said his lawyers have
asked the judge twice to hear the motion
but he has not responded.
"He's a federal judge and he can do
AlanMcSurely, the lawyer handling
the teachers' case, said problems
originated from the center's emphasiz
ing specialization in education and care
for handicapped children.
"I believe the main reason for the
center's change is that the grant they
will receive targets handicapped kids
instead of just poor kids," he said.
"They (the center) believe to get the
handicapped money, teachers should
have credentials of the state; that's what
has prompted their decision."
McSurely said this case was of great
national significance because the cen
ter was shifting away from ways of
helping minority and poor children to
helping handicapped children.
"This is a major policy shift for the
University and federal agencies," he
said. "The federal government is turn
ing away from the commitment to give
head starts to (financially deprived)
The teachers are caught in the middle,
he said. Because the women are in their
40s and 50s, going back to college is
difficult, he said.
See FPG, page 4
creased by the student body in a refer
"The (written) proposal calls for
Student Congress approval," Hildebolt
said. The general concept could be
brought to a referendum vote, but we
could not (feasibly) have a vote on the
Student Congress would gain full
control of student fees if the proposal is
adopted. The group now controls student
activities fees only.
The proposal was submitted to
Donald Boulton, vice chancellor of
anything he wants," she said. "It's hard
for me to comprehend. A lot of people
cannot believe that a judge can go in and
overturn the verdict of a jury."
Berard said, "He (the judge) has no
one to answer to. He's appointed for
life. The only way he can be fired is if
If the judge does overturn the verdict,
there will be a retrial and Anheuser
Busch could win the assets of Venture,
Inc. In the event that Anheuser-Busch
does win the suit, Berard will probably
have to declare bankruptcy, he said.
Lawyers for Anheuser-Busch de
clined to comment on the case.
Mrs. Berard said this was the first
time in Anheuser-Busch's history they
had lost a trademark infringement case.
Reeves said lawyers for Anheuser-
Accordioning to John
John Linnell of They Might; Be Giants performs an
impromtu accordian solo for "Dead" from the group's
student affairs, and other members of
an ad hoc committee on inclusive fees
this summer. Inclusive fees are separate
from student activities fees.
"The committee was put together to
look at the possibility of raising student
fees to do various things," Hildebolt
said. "(At the time) it was not necessarily
to counteract budget cuts, but to enhance
what goes on on campus.
"Each year, the state gives us (the
University) more money, but the Uni
versity budget also increases more,"
Hildebolt said."You have to think about
Art audi ciemce
By ELIZABETH BYRD
The College of Arts and Sciences
will require additional funding reallo
cated from other University departments
to survive the 1 990-9 1 school year, Dean
Gillian Cell said.
The college's dependence on the state
for its funding has put it in a pre
carious position, Cell said. In general,
humanities departments receive fewer
donations and research grants than
professional schools and health-related
Departments were forced to give up
supplies, postage and equipment, she
said. "We've had to give up so much
that it will be very difficult to function
for the rest of the year.
"We're very, very dependent on state
appropriations, so we have less flex
ibility (than other departments) to draw
on other non-state funds," she said.
Chancellor Paul Hardin announced
Monday that money may have to be
reallocated from departments that rely
less on state-appropriated funds to areas
heavily dependent on state funding.
Law School Dean Judith Wegner
said she did not expect any funds to be
reallocated from the law school.
"I don't know the law school's po
sition relative to the College of Arts and
Busch called the dispute an "unprec
edented case in American trademark
law." The case was unusual because
most trademark infringement disputes
are settled out of court, he said.
"When you're being sued by a big
company like this, everybody usually
just rolls over and says 'please don't
hurt me,'" he said. "Mike stood up to
Berard has incurred attorneys fees
of about $35,000 and Anheuser-Busch
has spent about $350,000, he said.
Reeves said Berard was attempting to
collect for attorneys' fees.
"We countersued for something
called malicious prosecution in a civil
proceeding," he said. "But the judge
ruled that one of the criteria necessary
for it was missing. Now that the T-shirt
so am I. Frank Crow
the long-term well-being of the Uni
versity. If we have to raise fees, that's
something that I would support for this
The proposal states that the revenue
generated from the increase would be
divided among various groups. Under
the proposal, 25 percent would go to
student programs, 20 percent to finan
cial aid, 20 percent to faculty salaries,
1 5 percent to graduate students' salaries,
10 percent for staff salary increases and
See FEES, page 9
Sciences," she said. "We receive some
endowment from alumni and so do they.
At this point I don't foresee any more
cuts to aid other parts of the University."
The supplemental funds, if they are
forthcoming, would not compensate for
the budget cuts but would allow the
college to continue to function, she said.
Of the approximately 50 personnel
layoffs suggested in departments' bud
get proposals for this semester, 39 were
submitted by College of Arts and Sci
ences, she said.
Because Chancellor Hardin spared
personnel by avoiding layoffs, UNC is
now left with a $400,000 to $500,000
hole in its budget.
Ben Tuchi, vice chancellor for busi
ness and finance, said money to fill the
deficit could be reallocated from a va
riety of sources, including frozen posi
tions, financial gifts to departments,
interest earnings, proposed renovations
and the University's bicentennial cam
paign. Administrators may allow the Uni
versity to hold off on paying some bills
this quarter to make up for the def cit, he
"We may allow the bills we carry
forward quarter to quarter to grow
See CUTS, page 3
has been vindicated by a jury, the judge
could award attorneys' fees."
Berard said if the judge upholds the
jury's decision, he would sue for law
yers' fees, loss of business and injury to
Berard received payment on a
$27,000 check which was frozen by
L.L. Wings Co. when representatives
from Anheuser-Busch came to one of
the company's stores and seized 4,000
of the T-shirts. Wings, a chain store
with more than 25 locations on the East
Coast, sold a large quantity of the shirts.
Reeves said, "We cross-claimed for
breach of contract with L.L. Wings for
the $27,000. That was cleared up during
See T-SHIRT, page 9
Special to the DTHDavid Minton
latest album, Flood, during their Monday night show at
The Cat's Cradle.