xt7p8c9r553r https://exploreuk.uky.edu/dips/xt7p8c9r553r/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 1973-01-22 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, January 22, 1973 text The Kentucky Kernel, January 22, 1973 1973 1973-01-22 2020 true xt7p8c9r553r section xt7p8c9r553r The

Vol. LXIV No. 76 an independent student newspaper


Monday, January
Twelve pages

22, 1973

Anti-war rally at courthouse
draws 400-500 demonstrators

Kernel Staff Writer

A midday anti—war rally sponsored by
the Lexington "End the War Now (‘om-
mittee” attracted between 400 and 500
people at the Fayette (‘ounty (‘ourt House

The rally began at the Student (‘enter
l’atio at 11 am. with introductory
speeches by Student Government
President Scott Wendelsdorf. People's
Party member Jill Raymond. committee
member l)on Pratt. and David Smith. a
member of the Student Mobilization

crowd saying. "We are not out here today

because we want to be, but because we
have to be."

Wendelsdorf quoted statistics compiled
by the New York Times showing what
would have happened if the Vietnam war
had been held in the l'.S. “6.4 million
people would have been killed." said

"There would have been 15 million
people wounded if we had been attacked as
Vietnam has," Wendelsdorf continued
“90.4 million American people would have
become refugees. And 12 percent of the
.\merican land. that's from the Eastern
seaboard to someplace like (llllt). would
haye been detohated it that war had been
held here.” he said

Hopes to 'build up' store
Pratt to manage Student Services

ll) (‘ \HUI. ll.\Hl)|St)\

Kernel Staff H riter
lion l’ratt. toimer l‘K student
the new :iianager of Student Services Inc
this spring Matt has a background in
business and is “interested in building up

\\lll he

the store H
The store opened .\ug 33. 1972 under the
management of Mark Fer/er

li‘etzer is retiring from the iob to devote


more tune to school work because of a

l consultant to the store and w ill continue
his ettoi ts "towards deielopmg the idea of
a student economic community iii the form
of .: i'ecogni/ed student organi/ation ”

sl\( If 'I'III'I store is a student operated
ltllslllt'SS. Vet/er said. e\pccted expansion
of the store will open positions for "in
tcriiship t‘\l)t‘l'lt‘llt'(‘ for students in ac
counting. business administration and
marketing "

The store is a "\ iable student activity"

\\ [*INI)EII,SI)()I{P' .\LS() said he was
willing to bet that American troops will
still be in Vietnam next year unless the call
of "Out Now'” is raised across the

Following the introductory speeches. the
crowd of over 300 marched down South
Limestone Street behind a black casket
with. "50.000 American Dead" written
across its side The protesters carried
signs and shouted slogans of. “Out Now”
and “()ne. two three. tour. we don‘t want
ltick Nixon's war'" as they walked down
the street They were met by another ioo
people as they reached the courthouse on
Main Street

llill ltarr. co chairtwrson ot the ”End the

among students Vet/er said

\'I‘ 'I‘IIIS 'l'|\ll‘:. the store has It large
st'lt‘t‘ltttll of records. a few school supplies
and a \cro\ copy machine whit h charges
it ct'illi- per top). in the near future. the
store will also carry supplies used mainly
.-\ll items in the

store are sold at a go perctnt discount

l\\ architecture students

'l'la- store is a nonprofit organi/ation for
the benefit of students To succeed it must

operate in the area between breaking even

University of Kentucky
Lexington, Kentucky 40506

Addressing courthouse rally
War Now committee". greeted the crowd
by expressing his opinion that most people
were there to “express moral indignation
over a war that has gone on too long and
has cost too many lives ’

It \ltlt l\'l‘ltt)l)l‘('rll) the first speaker.
Dr Ralph Miller. an Assistant Professor of
at l K. who spoke
primarily the bombed tach Mai
Hospital in Hanoi He urged everyone to
tontribute to former l' S Attorney
tit-neral Ramsey t'lark's attempts to raise


s: million to rebuild the hospital

The next speaker was ,'\largaret Wen-
iit-lsdort. head of the committee for
Socialist Sisterhood Wendelsdort said the
"liberation of Vietnam can only come Wllh
the liberation of everyone ”

She said the war was not a fluke but a
ploy carried on for American business
interests it is a tremendous source of

profits for l' S business it afforded many

‘1‘ i... ‘12-"~\. z i -' ‘ “1' ' ”i‘;.' 2 i ..
iiiiningdtsiit togi ttllltlt lit 1 still is butissiitttiuigtiom lickof itcognition ”Hi 1 small mirgin of profit (ontinued on Page 8. Col. 3

The cost of

an education

The high cost of an education seems to be
foremost in the mind of Dale Decker. a
ci\ il engeneering junior. as he makes out a
check for the cost of his books. \‘lallace‘s
Bookstore employes Joyce lliles. left. and
Patty Haloney do not seem to be bothered
by the $70.)“ price tag. tKernel photo by
lid (ieraldt

SHUON t\|’t High-ranking South
officials said Monday
forces have captured a
document from the (‘ommunist high
command informing North Vietnamese
and \'iet (‘ong troops that initialling of a
cease tire agreement in Paris is expected
at it pm Saigon time Wednesdayfl a m

What a way to start off the week. There
is a tit) percent chance of rain for today
with temperatures in the mid 40‘s. High
today will be m the mid-10's with the low
ranging in the low :ltt's, liven if it doesn't
rain. today will be cloudy and cool.

\'iet na mese

Outside: cold
with rain

Peace may
come soon




' Kentucky

The wrong

Established ll"

Mike Wines. Editor in Chief

Mike Tierney. Managing Editor

Dan Rhea. Day Editor

Ronald Mitchell, Steve Swift, Night News Editors


to an energy crisis

President Nixon is being urged to
advocate a plan to convert electric
power producing plants from oil—fired
to coal-fired units due to the un-
certainty of the oil supply. Several
plans, including one prepared by the
Office of Emergency Preparedness in
complicity with the departments of
Commerce and Interior and the
Environmental Protection Agency (of
all people), have proposed this for his
forthcoming message on energy.

The new proposals also suggest that
some air pollution control standards
could be relaxed to permit the new
billows of waste from coal-burning
plants. We sincerely hope the
President will consider alternative
proposals before hastily accepting
these with no strings attached.

This plan would be undesirable on
several counts. If one increases coal-
burning, obviously, one has to in-
crease coal production.

Die-hard optimists in the crowd
may say that means that Kentucky‘s

A winner
never quits...

We noted with interest former UK
basketball coach Adolph Rupp‘s
comments in Saturday‘s Courier—
Journal about the current state of the
UK basketball team. Rupp said he
was at a loss to understand why Hall's
charges weren't winning more;
certainly, the intimation was, they
would be winning if 01‘ Adolph were

Well, well. We, too are at a loss to
understand why the American
Basketball Association‘s Memphis
Tams, of which Rupp is president, has
lost nine straight games and now
dwells in the ABA cellar. What about
it, baron?


and other states‘ coal industries will
be stimulated and the states‘
economies will prosper and all will be
right with the world. What actually
should be said is that Kentucky and
other coal states will have all hell
stripped out of their landwand that
very little will ever be very right with
the world.

Return of strippers?

In 1971, a little over half the coal
produced in Kentucky was surface
mined coal. In 1972. current estimates
predict that 63 percent of the state's
coal will come from surface mines.
The President could include in his
message endorsement of strict strip-
mine regulation so any benefit from
the plan would go to deep miners, but
those chances don't look good.

A second bit of goodness in the
proposals mentioned that great profit
could be reaped by lessening state air-
pollution standards. Coal burning by
necessity would mean more pollution.
If proper control devices were used by
the plants. the costs would be
prohibitive. ()r so we would be told.

A better plan for the President's
energy message would be to announce

funds for new research and
development of nuclear and solar
power energy plants. llf the

President gets as squeamish about
the word “funds" as he usually does

when it doesn‘t concern ap-
propriations for the Defense
Department. he might consider

throwing the Administration‘s sup-
port behind Senator Marlow Cook's
severance tax bill to supply the
funds.) He might also call for a little
less use of electricity with better built
buildings which would require less
energy to be heated or cooled.

If Mr. Nixon is insistent on em-
ploying more coal as an energy
producer. he is morally obligated to
endorse stringent regulations of strip
mine reclamation if not outright



“My fellow Americans: i come to you
tonight to say that, finally, the solution
to our energy problems is at hand...“

abolition of surface mining sothat the
increased production of coal would
come from deep mines and not wreak
havoc with the land.

We are not wholly negative in
theory to converting more power
producing plants from oil to coal
burning at least temporarily until new
sources such as solar power become
available. The increased revenue to
the state would be welcome. tut we
could only endorse this if the coal
came from deep mines and if the air
pollution control standards were kept
high. With the present .‘td-
ministration. those "ifs” are more a
matter of chance than ever.

Hard to excite

It‘s difficult to excite the publics
anxieties about an issue until the
matter directly affects them. But
when a monster shovel is scooping
dirt to find coal in your front yard and
the air‘s so polluted with coal wastes
that you can‘t breathe, it may be too
late. It may not matter then if you
have enough electricity to keep your
electric tooth brush working or not.

[ Letters Cheating editorial 'absurd', prof says


Although you admit that cheating is a
despicable act, your editorial attacking
the idea of lowering grades as a response
to cheating by submitting store bought
term papers is absurd.

Not only do you fail to posit an alter—
native to this procedure or to state
legislation to curb termpaper companies
(which you also deplore), but you overlook
one fundamental fact of university life.
Any paper that is turned in to fulfill the
requirements of a course that is not the
work of the student submitting it is
basically the same as submitting no paper
at all. And that deserves zero credit by any
reasonable standard!

Given the weight often assigned to
termpapers, it is therefore not surprising
that many of the students caught cheating

in this manner at the University of
Wisconsin found themselves with a failing
grade. Nor is it surprising that many
others found their grades lowered.

More importantly, I fail to see how this
kind of response to chesting represents
“using the grade to bludgeon students into
obedience.“ At worst, itis simply a means
of expressing to the student and to
prospective employers that the student
performed poorly.

Surely this is a more humane and con-
siderably more just procedure than
branding a student for life by immediate
expulsion or by stamping the student‘s
transcript with a large red “C" for
Cheater; and unless you are prepared to
argue that we abolish all academic ac-
tivities open to possible cheating, I am

afraid the big rubber stamp method is the

only viable way to inform employers and

others that a student is, in fact, a low down

WE. Lyons

Associate Professor

Political Science

Letters should be under 250 words and
should be accompanied by the sen-
der's name, classification, major and
local telephone number. Editors
reserve the right to edit, without
changing the meaning, any letters
over 250 words. Address
correspondence to “Letters," The
Kentucky Kernel, 114 Journalism
Building. CAMPUS.


Editorials represent the opinions of the Editorial Board. not the Unweistiy

Will Ellsberg
be sacrificed

for security?

With the news that proceedings
against Daniel Ellsburg are once
again under a full head of steam,
there is at least one fact touched on by
today‘s page three commentary
which deserves further study. it is
interesting to us that while the law
goes into great detail about what one
may or may not do with classified
information. there is barely a word
concerning just what information is to
be regarded as classified

As it turns out. classified in
formation is that which an authorized
agency deems to be classified The
only restriction this imparts is that
some department like Agriculture.
for instance cannot classify any of
their information. no matter how
important. while a department like
Defense can classify any information.
no matter how trivial

Hiding information

it such material is worthy of the
pages of statutory law devoted to it.
this surely is a tlippant way to define

The danger of such shoddy ad-
ministration is not that some fartner
will inadvertently give aid and
comfort to the enemy, however. Nor
are we concerned with whatever
trivial information the Defense
Department possesses. if indeed it is

What does bother that in
formation which may very well be
sensitive. yet is in no way threatening
the national security is being hidden
under that guise.

us is

No criminal

The effect of such sweeping
authority is in itself to protect
criminal activity namely. political
fraud. Thus it seems incredible to us
that the judicial system is somehow
concerned with [*lesbcrg‘s

That he may actually be guilty as
has been suggested serves only to
illustrate the urgency for a set of
guidelines restricting that material
which may be classified.

Then perhaps we can remove from
the chopping block heads such as
Ellsberg‘s, and replace them with
those who really belong there in the
first place.

Until such time as that happens, we
are still faced with Ellsburg's
possible conviction. If it comes to
that, we think a just punishment is
merited a $1.00 fine and-or five
minutes in jail.

Considering just what Ellsburg did.
however, even that strikes us as




Associate Editor Larry Kielkopfis a senior
journalism major and a former editor of
The Kentuckian. His volume of the
yearbook is currently scheduled to appear
this February. Kielhopf first became in.
terested in the legal intricacies of the

About the author


53mg 31.10 E may: mfg




The Case
of The

What next?


Associate Editor


Testimony is already wellunder way
in the second Pentagon Papers trial. more
properly known as United States v.
Ellsberg. The first attempt to bring the
Pentagon purloiner to justice ended
several months ago when District Judge
Matt Byrne dismissed the original jury at
the request of Ellsberg's defense at-
torneys. Evidence tended to show the
potential prejudice on the part of some
jury members against Ellsberg as a result
of extensive media coverage.

(‘onsidering the detailed wording of the
statutes under which Ellsherg is charged.

Pentagon Papers after taking a course in
criminal law last semester.

it is hard to see how any knowledgeable
juror could have so quickly come to a
conclusion, on Ellsberg‘s guilt. However.
considering the legal expertise of most
laymen, it‘s not surprising.

It is disappointing, however. The out-
come of the Ellsberg trial should not rest
with the popularity of his actions, which
the good doctor himself has already ad-
mitted to. It should not hinge on the
morality of this country’s involvement in
the Vietnam war, or on the public’s
ambiguous “right to know". or on any
other gut level tangient issue which too
often commands most of our attention.

No, the guilt of Daniel Ellsberg should be
determined solely on the basis of whether
or not his actions constituted a crime, as
that crime is defined in the Federal
statutes. That is the least a jury is legally
obligated to do, and at best, it ought to be
the underlying basis of more public
debate. And for smug conservatives who
would eagerly discuss the matter from
that perspective, let it be said that the
Ellsberg case is not as open and shut as it
first might appear.


“All the News
That’s Fit to Print”




Of the three indictments facing
Ellsberg. the first charges a violation of
Title 18 Section 793 of the Federal Code.
The substance of that law makes it a crime
for anyone to copy any document con-
nected with the national defense with the
intent or reason to believe that the in-
formation is to be used to the injury of the
l'nited States. or to the advantage of any
foreign nation. One found guilty under
Section 793 can be fined up to $10,000 or
imprisoned not more than 10 years, or

(‘oncerning Ellsberg, it should be noted
that the statute specifically makes guilt a
condition of one's intent. if he lacks that
specific criminal intent, Ellsberg cannot
rightly be convicted.

For the record, Ellsberg has frequently
said that his intent was precisely the op-
posite as that outlined in Section 793—that.
rather than acting to injure the United
States. his goal was to heal.

The act of copying defense documents
has already been established. All that
remains at trial is for the jury to decide if
Ellsberg is telling the truth about his in-
tent. Hopefully they will base their verdict



solely on the evidence as it pertains to that

A decision on the second indictment
should be arrived at in the same manner.
It alleges a violation of Title 18 Section 798
of the Federal Code, which sets forth
penalties for anyone who knowingly and
willfully makes any classified information
available to an unauthorized person, or
who uses such information in a manner
prejudicial to the safety or interests of the
US. For Ellsberg, the key word may be
“or". The strict interpretation of the
statute would be that his dissemination of
classified material to an unauthorized
person (Neil Sheehan and-or The New
York Times) is sufficient to render a
conviction under Section 798, and that it is
not conditional for that act in itself to be
“prejudicial to the safety or interests of
the US."

Unlike the first indictment where an
intent to do more than just copy the
document is necessary to constitute the
crime, no further mental element is
needed to satisfy the provisions of Section
798. Assuming this interpretation of the
statute is correct. and in light of what has
already been admitted, it would seem that
Dr. Ellsberg stands on very thin ice in
relation to the second indictment.

A final indictment charges Ellsberg and
co-defendent Anthony Russo with con-
spiracy to violate the previous statutes.
Conspiracy is basically defined as
collusion among two or more persons to
commit a crime. with an overt act toward
the commission of the crime. Again, the
overt acts and the joint planning between
Russo and Ellsberg have already been
established. But it is impossible to commit
conspiracy if the “offense“ in question
doesn‘t constitute a crime.

()n the other hand, Russo and Ellsberg
may find themselves in trouble on the
conspiracy count if they have proceeded in
an unlawful manner toward some ob-
jective which might otherwise be legal. In
other words, if it wasn't wrong to publish
the Pentagon Papers, the way in which
they went about doing it may very well
have been.

in any event, a decision based on law is
more desirable than one based on emotion
or politics.

The reason is that the judicial process
has too long been misused by just about
anyone who has a vested interest in it.
Conservatives call for “law and order“
while liberals seek “justice." when both
are too often merely trying to further their
social programs.



:10 float dimes __

Where it all began: the
1971 issue of The New
York Times which ran
the Pentagon Papers





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first installment.


, _. . 40

There is a place for the gut issues in the
Ellsberg trial, but it comes after the
verdict. if that verdict is Not Guilty, then
that‘s the end of it, but if 3 Guilty verdict
is returned, then more familiar cir-
cumstances will come into play.

At such a point it is both proper and
desirable for a judge to consider the
relative social harm which the crime has
actually produced, or in the present case.
perhaps even the benefit it yielded, though
still a crime nevertheless.

With that in mind, it is interesting to note
that, while there are maximum penalties
for Ellsberg's alleged crimes, there are no
minimums. For that, and Daniel Ellsberg,
we can be thankful.


United States vs. Ellsberg






 4—THE KENTUCKY KERNEL. Monday. January 22. 1973


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Skirts ahoy!

Barnstables toura la Hope

Imagine a sea of 11.000
whistling, shouting soldiers You
are an attractive blond young
woman in a mini—skirt and you
are going to dance for them

Not at all say ’l‘rish and (‘yb
Barnstahle. UK's renowned twin
cheerleaders who toured [7.8.
military bases around the world
with Bob llope's annual
(‘hi'istmas show

“lil'S \ltli great audiences
'l‘hey're receptive." 'l‘i'ish
said Both ol the girls agree no
audience could match their en


thtisiastic response
'l‘hat enthusiasm

coiii‘aging the

never performed prolcssionally


w as
since twins
bel‘ore They worked out a dance
themselves belore they lel't tor
rehearsals in ('alilornia on Dec
10 with the rest ol the Hope en

Among the stopping ott' places

were Alaska, Japan. Korea.
Thailand and Vietnam About
83.000 service men around the

world saw the show which in-
cluded comedians. singers and
dancers. Besides singing and
dancing the twins led the soldiers
in cheers for Bob Hope

UNLY (All day was spent in
Vietnam and security was heavy.
l'ntil the last minute things were
“very confidential about where
we were going in Vietnam,“
'l'i'ish said "They didn't want any
trouble "

Iii-sides pertoi‘mmg. the girls
met and talked with the soldiers

betoi'e aiiil alter the show The
war there never came up in
conversations. they said

‘\\'e were there to biing

happiness and make them torget
their problems." ('y‘b said "I leel
we did something worthwhile "

The girls were emphatic about
the warm the
received At one base in Thailand
which was still being built the
“built an
iwcause we were coming "

reception show

marines otithouse

Adelstein begins term
as new Senate chairman

Dr Michael Adelstein. English
dept . has replaced llr (iarrett
Flickinger as the chairman ol’ the
l'iiiversity Senate.


The Kentucky Kernel

Ttvr- Venturky Kermit ll] Joll'nai‘s'v‘
8U idlnqi Ur‘Wlt‘r'H'y (H l‘_t‘lt‘u(ky
li-x-nuton Ken'urky 40506 N‘d it‘d lyf‘

times weekly during the schoot year except
during holidays and exam periods and twii e
weekly during the summer session
Published by The kerne:
Prisc itla Lane texinoton, t'en‘urky
Begun as the Cadet in IBQA and burnished
continuously as The kentucky Ki-inet r, ni'e
1915 the Kernel Press, lounded l97l
Secondtlass postage paid at Lexington,
Advertising published herein is intended to
help the reader buy Any lalse or misleading
advertising should be reported to the editors

Press, Inc 1777


Editor Editorial Editor 757 l75’)
Manaqmu Fditor News Desk 257 ”40
Advertising, Business, (irculation
758 4646
Sports Newsroom 757 tKX)
Photoqraohy 758 5600

Adelstein elected to the
position last spring and will serve

as chairman of the Senate and the


l'nivei‘sily (‘ouncil for a one year
period ending Dec 31. 1973

Adelstein said four committees
have been working on detailed
reports for over a month and the
results of these reports may he
released soon. although none will
be ready for the Feb 12 meeting
of the Senate,

tine committee has been
studying the status of the Senate
This committee is evaluating the
Senate in terms of proportion of
senators in light of the new
distribution policy

A second committee is looking
at the status of graduate students
in terms of privileges and





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