xt7tdz03294q https://exploreuk.uky.edu/dips/xt7tdz03294q/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 1974-12-02 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, December 02, 1974 text The Kentucky Kernel, December 02, 1974 1974 1974-12-02 2020 true xt7tdz03294q section xt7tdz03294q  

Monday. December 2. 1974 (in independent student ne exington, KY- 40505

Vol. LXVI No. 80 Ker 21 University of Kentucky
wspaper L

 

Saturday's story:1

Cats aggressive in opener

last year we did. We were
more aggressive on the
boards," Hall added. “The
first half was the best game
defensively I've seen in my
three years here."

Indeed the game in its en.
tirety was encouraging as the
young players moved right in
alongside the experienced
ones and played a big role in
the season opener.

Freshmen Rick Robey and
Mike Phillips. both at 6-“,
divided the pivot chores
throughout most of the game
with senior Bob (iuyette.

 

points respectively in reserve
roles at forward. The two
Lexingtonians also pulled
down a total of nine rebounds

Aside from the performance
of the freshmen though. it was
equally comforting to see the
veteran players come through
as they did.

By JIM MAZZONI
Kernel Sports l-Iditor

is the aggressive defense of
the UK basketball team for
real?

Can the 30 turnovers that
Northwestern committed
during its 9770 shellacking
Satuday night at Memorial
Coliseum be attributed to
that? Two-TIME AILSEC for—
ward, Kevin (irevey. led all
scorers with 32 points. hitting
on 13 of 22 attempts and six of
six free throws. He collected

six rebounds.
Seniors Mike Flynn and

Jimmy Dan (‘onner directed

RUBFY STORED eight the explosive l'K offense at

points, Guyette seven and the guard spots and con-

Phillips four, and the three tributed five and It points
combined for 16 rebounds. respectively.

HAS l'K III‘ZAI) coach Joe
Hall finally succeeded in his
quest for building a strong
defensive team'.’

Hall. for one. thinks so ~
few are likely to disagree

“I was real pleased." said
Hall after the Cats blitzed to a
49-24 halftime lead and then
coasted through the second

Kernel stat! photos by Ed Gerald.

Snow scenes

half.

"THE THINGS we tried to

Other freshmen coming
through with big play were
Jack Givens and James Lee.
who chipped in eight and 11

Hall praised the defense and

the unselfish play of his team

particularly the passing of
Continued on page It

Sno doubt about it. the campus has greeted winter.
Snow Man. in the above photo. had just finished calling
his relative up North about his good fortunes in

accomplish in im proving from
Lexington when this picture was taken. Below.
Edmund Gonlalez. 6. and Alvin Hamm. 7. participate
in their first snowball fight of the season.

 

 

N

rltVill local
weather
wither?

Delayed planes. slick roads
and sloppy sidewalks were all
highlights of the local weather
over the holiday weekend. Will
the same continue today and
tomorrow? According to the
National Weather Service at
Bluegrass Field. no.

Forecasters are predicting
diminishing snow flurries to-
day with clear skies tomorrow.
Today‘s high will rest in the
mid 30$, tonight's low in the
mid 205 and tomorrow‘s high

Lshould near 40. J

 

 

 

r Coming up:

 

Jansen to lecture

UK‘s Distinguished Profes—
sor Lecture series also con-
tinues this week with Dr.
William H. Jansen’s talk
Thursday on the subject “The
Rationale of the Dirty Joke.“

Cats move on

The basketball Wildcats hit
the road for two games this
week. Tonight Joe Hall will
take his team to Oxford. Ohio,
for a match-up against Miami
of Ohio.

On Saturday. Dec. 7. lndi-
ana University's Hoosiers will
entertain Hall‘s squad in
Bloomington.

Jansen was awarded the
Distinguished Professor by his
colleagues in the College of

Heywood Hale Broun Arts and Sciences in 1973-74.

Broun to speak

Broun is a former sports- The Connecticut native has

\

 

Kernel sh" photo by Ed Gerald.

One last shot.

Students that remained in Lexington over the holiday had one
last chance to play basketball outside before the cold weather
and snows came to town Saturday. On Friday the sky was
clear and the temperature was only cool.

 

 

Heywood Hale Broun will
speak Tuesday night in Me—
morial (‘oliscum as the (‘en-
tral Kentucky (‘oncert and
Lecture Series continues its
197475 program. His lecture
will begin at 8:15 pm.

writer. CBS News commenta-
tor and one-time actor. He is a
graduate of Swarthmore Col
lege and claims his favorite

horse racing. He
much of the time
around the US.

sport is
spends
travelling

authored more than 45 journal
articles and over 80 “scholarly
reviews." His presentation
will begin at 8 pm. in the
William A. Seay Auditorium of
the Agricultural Science Cen-
ter.

 

 

 

     
  
  
  
 
  
  
 
  
   
   
  
 
 
   
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
   
 
 
  
 
  

Editoranchiet, Linda Carnes
Managng editor, Ron Mitchell
Associate editor Nancy Daiy
Editorial page editor. Om ’ utthi-r

 

Features editor. Larry Mead

Arts ednor. Greg Hotelich

Sports editor. Jim Manoni

Photography editor, Ed Gerald
L

Ed'lorlals represent the Opinions 09 the edit

 

   
 

editorials

0'5

Open meetings law too often disregarded

Since the enactment of the state‘s
open meetings law this summer there
have been several differences of
opinion concerning when meetings of
public agencies can be held in private.

The latest discrepancy over the
“Sunshine Law" occured last Tues-
day when Lexington's Urban County
Council met in private to discuss
procedures for recognizing employe
organizations for collective bargain-

ing.

The meeting was an apparent
violation of the open meetings law
passed by the 1974 Kentucky General
Assembly. The law states that all
meetings of any public agency at
which public business is discussed
shall be open to the public at all times,
with several exceptions.

One exception allows closed meet-
ings to be held when discussions
concern “collective bargaining nego-
tiations between public employers
and their employes or their repre-
sentativcs."

However. last Tuesday‘s council
discussion was officially billed as an
effort to draft “procedures" and
“criteria" for collective bargaining,
not as “collective bargaining negotia-
tions." .

Assistant Attorney General Carl
Miller said in an unofficial statement
that “any meeting which leads to
adoption of a law or making policy
would not be exempted under the open
meetings law."

Discussion of collective bargaining

Letters to the editor

Praises organizers
of Black Symposium

 

 

 

 

 

 

 

 

J -4. {. __.. .

 

 

 

 

 

 

 

issues were held in closed sessions of
the council last week and the previous
week on the advice of George Rabe.
commissioner of law for Urban
County government. Rabe said the
private discussions were legitimate
since they contained “elements of
give and take“ which if public. could
influence the outcome of collective
bargaining negotiations.

 

Following Rabe's opinion. the coun
cil met in private and. according to
Councilwoman Pam Miller. did not
discuss whether it was possibly a
violation of the open meetings law.

Ms. Miller said the council heeded
Rabe‘s opinion. which is “just as good
as the attorney general‘s opinion"
unless the case is heard before a
court.

The council discussed Tuesday
whether the Fraternal Order of Police
and the International Association of
Firefighters should be recognized as
collective bargaining agents. Both
organizations petitioned the council
for recognition Oct. 31.

Discussion will resume at Tues-
day's council meeting and may again
be field in private. Ms. Miller said.

According to the law. circuit courts
of the state have jurisdiction to
enforce the open meeting law with an
injunction or other appropriate order
filed by any citizen of the state,
Punishment for violation consists of a
fine of not more than Slot) against any
person who “knowingly attends" a
meeting of any public agency that is
not held in accordance with the
pro\'isions of the law

It appears that since no employes or
their representatives were present at
fast 'l‘uesday 's meeting and since the
discussion was not billed as “collec-
tive bargaining negotiatons.” but was
to draft "procedures" and “criteria”
for collective bargaining. that the
closed meeting was a Violation of the
law

We hope the two private
meetings of the I'rban (‘ounty (‘ouncil
will be challenged in court so a
determination can be made about
whether such meetings may be closed
to the public.

If such apparent Violations of the
law' go unchallenged. then the law
itself will soon become ineffecttuil.

last

   

 

   
 
  
 
 
 
 
 
 
 
 
 
  
  
 
  
   
  
  
    
     
   
   
   
   
  
  
  
   
 
  
 
  

I would like to be the first
person to compliment the Pat-
terson School of Diplomacy for its
remarkable success in ef-
fectively organizing the Black
Symposium. It was so
stimulating and sentimental that
most of us who had the op-
portunity to attend the course of
those dynamic speeches have
been able to grasp a considerable
knowledge.

I also congratulate the staff
members of the department
whose policy objectives are
constructed and established on
the basis of reality.

I sincerely hope that the
University of Kentucky also
follows the footsteps of the School
of Diplomacy and offer at least a
few courses (history. economics
or political science) concerning
Black Soul Brothers.

Leule Limenili
Graduate student

0 O O
Criticues
O
reporting
Please. when your reporters
deal with critical issues such as

wages of hospital personnel. the
facts should be clearly stated. I

am referring to an article in the
November 22 Kentucky Kernel
regarding overtime pay.

1. The headline is completely
misleading. All personnel em-
ployed by University flospital are
paid for overtime work with the
exception of Administrative
personnel.

2. My discussion with your
reporter was about the hospital
and not the entire Medical
Center.

3. The first paragraph of the
article is the exact reverse of the
facts I gave the reporter in
writing.

4. Because of the complexity of
I-‘ederaland State laws governing
overtime pay I offered to check
the final draft of the article.

If I amto continue the practice
of responding directly and im-
mediately to your reporters, I
need some assurance that in-
formation relayed will be
reported accurately.

Judge T. (‘alton
Hospital Director

Where credit
is due

Ron Mitchell's attempt at

critical generosity in evaluating

 

'WAITI NO PIIKINO "It I GET '1 WMPPIDI'

Randy Newman‘s concert here
fell short on one important point.

He states that Newman did a
really nice rendition of Three Dog
Night‘s “Mama Told Me Not To
('ome." adding that he liked
Newman‘s version better than
the “original".

The fact is that Randy Newman
wrote and recorded the song
before Three Dog Night laid eye
or car to it. Credit should go
where credit is due.

Incidentally. “Let's Drop the
Big One and See What Happens"
is actually entitled “Political
Science."

lteiland .\lc(‘auley
Agriculture junior

Whose team?

Thank you for your informative
lecture after Monday night‘s
game. Coach Hall! I. an ignorant
Kentucky fan. was unaware that
the crowd at basketball games
told the players when to shoot.
But that is what you claim.

When offense

our was
somewhat confused the first half
on which offense they were
running tafter three sub-

stitutions) perhaps you should
have IMMEDIATELY called
time and straightened things out

I was somewhat disturbed as
I‘m sure many fans were when

 

you blamed. on Lexington radio,
the crowd for rushing the team
and making them take shots they
shouldn‘t have taken, You asked
the fair; to have patience and
things would go better YOUR
WAY

I'm sure they would. But we
may not be able to wait that long
against North Carolina. Notre
Dame. and some of the other
teams we‘re playing.

Perhaps you should he a little
less critical of the Kentucky fans
I'oach llall. after all they are
supporting our team?

lfon L. Evans
.\&S Sophomore

   

  

 

Opinions trom ms‘de and outside the university community

The nuclear family

Birth control for the bomb

I!) JOHN BOWMAN

Many non-nuclear nations in the world today
possess the technical and resource requirements
needed for the development of nuclear weapons.

In the light of this situation. the I'nited States and
the Soviet I'nion must begin to create the type of
international atmosphere which will discourage the
proliferation of nuclear arms.

'l‘llrl l'NITH) STA’I‘I‘IS has for years sought to
persuade aspirants to the nuclear club that the
benefits of nuclear weapons were not worth their
costs This country has continually warned non-
nuclear countries that small. primitive nuclear
torces are costly. provocative. accident prone,
ineffective and subject to rapid obsolescence.

None of these arguments has proved over-
whelmingly convincing to non-nuclear nations
worried about the survival of their country in the
tace of hostile neighbors.

Regardless of this country's thoughts on the
usefulness of primitive and small nuclear forces.
non-nuclear nations will assess their need for
nuclear weapons on their own judgement of the
weapon‘s political and military utility.

HOWEVER. A decision by non—nuclear nations to
take the nuclear option is more likely to occur if the
acquisition of these arms can be politically and
morally justified. A justification of this type
becomes easier to establish if the present nuclear
countries make no attempt to curb the development
and deployment of their own nuclear arms.

In a world where the present nuclear powers are
trying to control their own nuclear weapons, little
prestige and perhaps even moral indignation would
be bestowed by other nations upon a nation seeking
to acquire a nuclear potential.

However, in a world marked by an ever in-
creasing and dangerous arms race, a nation could
acquire nuclear arms and probably escape ex-
tensive moral condemnation by other nations in the
international system. The present nuclear powers
would, in this case, be in no position to morally
criticize such an action. Other non-nuclear states
would probably say little. but move closer to
choosing the nuclear option themselves.

THE PRESENT ARMS development programs of
the United States and the Soviet Union. which in-
creases the destructive power of their nuclear

forces. do little to create an international at-

 

comment

 

 

 

 

 

 

 

mosphere which discourages the proliferation of
nuclear arms.

The present strategic arms limitation agreement
(SALT agreement) between the two superpowers
limits the number of offensive missiles each side
may have. However, the treaty allows each side to
improve their missiles to any extent desired. The
Soviet Union and the United States have not
hesitated in perfecting the destructive capability of
their strategic forces.

Without violating any aspect of the SALT ac-
cords, the Soviet Union will be able, by the end of
the decade. to deliver 8,000 warheads on the United
States. These warheads. according to US officials.
will be very large and thus have great destructive
capabilities.

THE l'NITED STATES today can launch 7,940
warheads of its own. Without breaking her
agreement with the Soviet Union, the United States
by 1977 will be able to hurl a total of 9,700 warheads
at the Soviet Union. However. the warheads
developed by this nation are smaller than those of
the Soviet Union and therefore carry less of a
nuclear punch.

Therefore. the present SALT agreemenmts have
done little to slow down the arms race between the
Soviet Union and the United States.

The affects ofsuch a race adds to the instability of
the world not only because it may increase the
chances of nuclear confrontation betweewn the two
superpowers. but because it doeslittle to discourage
the acquisition of nuclear arms by non-nuclear
nations.

The Soviet Union and the United States are the
only nations which can take the steps necessary to
create an international climate wherein the
acquisition of nuclear arms is seen by all nations as
a threat to the survival of the world.

BOTH NATIONS must now begin to move in this
direction. Undoubtedly, a world full of nuclear
weapons is a world marked for disaster. Wars
which today kill thousands might instead kill
millions. In a world of this nature. the security and
well-being of all nations, nuclear and non-nuclear
alike. would be highly threatened.

.lohn Bowman is a graduate student in the I‘at-
terson School of Diplomacy. This comment is the
last in a series of f 'I?‘ whar- t «m ILS. toreign
policy.

 

  

 

 

 

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\

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LUNCHBOX THEATRE
12 Noon, Dec. 48. 5

“Dora the Beautiful Dishwasher
( or the Heroine who Cleaned Up )_” ‘

\ with music by the

\

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I

‘l.00 for lunch
Room 206, S.C.

presented by Theatre Arts Dept, \
Music Dept, 8. Student Center Board \

I I /

I

 

 

 

 

 

 

 

  
 
 
 
  
 
  
 
 
 
  
   
 
  
   
   
 
  
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
  
   
 
 
   
 
 
  
  
 
 
 
  
  
 
 
   
 
   
    
  

       

   
 
  
 
  
   
     
  
      
 
 
 
 
 
  
  
  
  
 

177 0'00 .

ON mt MALL o

NAHIODSIUFO NOAD B tANI ALLEN

NOW SHOWING!

The Trial
of

TUR'LANO MALL n FAYETTE MALI.

 

4-TIII‘I KI‘INTl't'KY KERNEL Monday. December 2. I974

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news briefs

Miners begin voting
on new UMW contract

CHARLESTON, W. Va. tAI’J . (‘oal miners began voting
Sunday on a new contract in the three~week strike that has idlcd
120,000 miners and crippled coal production

The balloting began as l’nited Mine Workers locals held meeting
to distribute and discuss the new pact, approved last week by the
AFL-CIO union‘s Bit—member bargaining council.

Voting Sunday was light and scattered, with most locals set to
approve or reject the new pact on Monday. Responding to requests
by some miners for another day to look over the contract, UMW
President Arnold Miller extended the voting until Tuesday for
locals needing extra time.

Dennis Scarford. a I'MW official in Fairmont. said most locals
had planned Monday balloting, but added that some could change
as word of the one»day extension reached the membership.

Kennedy says U.S. sent
more arms to Turkey

WASHINGTON (AP) -~ The United States sharply increased
arms shipments to Turkey following the invasion of Cyprus. Sen
Edward M, Kennedy said Sunday

“And all indicators suggest the heavy shipments continue
despite the clear violation of American law. and the lack of any
visible progress in negotiations over Cyprus," Kennedy. chairman
of the Senate Judiciary subcommittee on refugees, said in a written
statement.

The Massachusetts Democrat made the allegations in releasing a
recent exchange of letters with the State Department concerning
US. policy toward Cyprus and the Eastern Mediterranean area.

Kissinger's Senate appearance

may trigger trade bill action

WASHINGTON (AP) A An appearance before a Senate panel by
Secretary of State Henry A. Kissinger this week may trigger the
enactment of a far-reaching, and long delayed, trade bill by
Christmas.

Kissinger will go before the Senate Finance Committee on
Tuesday to bare details of an understanding with Moscow that
would assure the Soviet Union of trade concessions in return for
virtually unlimited emigration of Russian Jews and other
minorities.

Congress had long balked at granting Russia mostvfavored-
nation status because of her emigration restrictions. even though
the legislation has been strongly urged by the Nixon and Ford
administrations.

Recent assurances from the Soviet government on the issue
appear to have set the stage for compromise. pending Kissinger‘s
explanation to the satisfaction of the Senate.

TWA iet crash kills 93

near secret government post

UPPERVILLE, Va. (AP) — A TransWorld Airlines 727 slammed
into a wooded slope near a super-secret government installation
Sunday, killing all 93 persons aboard.

Capt. William Carvello of the State Police declared “there are no
survivors“ after rescue workers had combed for hours through the
wreckage on Mount Weather, a foothill of the Blue Ridge
Mountains.

The plane. Flight 514, was bound for Washington from Columbus,
Ohio, and was approaching Dulles International Airport in a
driving rainstorm when the tower lost radar contact at 11:10 am.
EST.

The crash site is about 30 miles northwest of Dulles.

A TWA spokesman said 86 passengers and a crew of seven were
aboard the flight, which originated in Indianapolis. He said 46
persons got on at the intermediate stop in Columbus.

The plane impacted about 1'»: miles from an underground
complex which reportedly is designed to serve as a headquarters
for high government officials in the event of nuclear war.

A federal spokesman would acknowledge only that the facility is
operated by the little-known Office of Preparedness, whose
responsibilities. he said, include “continuity of government in a
time of national disaster.“

 

 

THE KENTUCKY KERNEL

 

 

The Kentucky Kernel IN Journalism Buildi ‘

. . . no. University of Kentuclt ,
Lexmgton,'l(entuctry. 40506, is mailed live times weekly during the school yeayr
excco during holidays and exam periods, and twice weekly during the summer
session. Third-class postage paid at Lexington, Kentuc try, 405i l.

Published by the Kernel Press Inc lounded in I971
, . Be on ’
and published continuously as the Kentucky Kernel since lows.5 the CM" m I."

Advertising published herein is intended to hel
‘ . p the reader bu An t
Misleading advertising should be reported to the editors. v Y else or

Kernel Telephones

Editor, Editorial editor 2574755

Advertisin , bus n
Managing editor, News desk 257 mo 9 ' 955' ("c“mw" ”Tu“

Sports, Arts 257 I800

 

 

 

 

 

  

 

 

campus

University conference plans
to investigate cable T.V. impact

By TIM McCARTIIY
Kernel Staff Writer

An all-day cable TV conference
will be held on campus Saturday
Dec. 7 and will be sponsored by
the University and the Dean of
Undergraduate Studies.

Dr. Susan Olson. a telecom-
munications ttelecom) professor
and an organizer of the program,
said conference participants will
have an opportunity to examine
the basic assumptions and issues
concerning cable (TV). A thor-
ough investigation of certain
issues of cable TV is a priority of
the conference, Olson said,

THE [DI-2A for a workshop to
familiarize faculty and students
with cable TV and its impact was
initiated when Olson and Dave
Slaughter. a telecom senior. at-
tended the Kentucky (‘able TV
.»\ssociation's conference in late
October

At that conference. Olson said.
“We were alerted to the fact that
there were many complex and
significant issues about cable 'l’\'
of \\ liich people were not aware ”

Slaughter suggested a work-
shop and tilsou backed his idea.
She then outlined a proposal of
what she thought the conference
should incorporate to benefit the
l'iii\ei'sit} (’Iiltllllllllll} III'I‘ pro
posal was accepted b_\ the Dean
and

ot l'ndei'gi'aduate Studies

pl't' ('Ulllt'l‘t'llt'i' planning began

t)|..\'f)\. “II” has strong inter
ests iii and higher
education. had tIl'ltLlll.‘llI}' planned
to produce a series of instruction-

le|e\ isioii

al \ideo progi‘aiiis to use in her
’l‘elei'om ltll classes lint Slaiight
t‘l' pushed his idea and gained
support The pilot program for

  
 
  
 

 
   
  

And The New South

Contemporary Bluegrass Music

Red Slipper
from 9 til I a.m.

NORTH

l775 AND NEWTOWN PIKE

Olson‘s series, however, will also
probe into cable TV issues.

Olson said to prevent covering
too much in too little time the
agenda for the conference has
been broken down into significant
issues.

The day’s sessions will begin
with a presentation by Susan
Green, regional director for the
Cable Television Information
Center. She will direct her atten-
tion to the economics of cable TV,
the various systems used and the
trends that are developing in
cable TV systems.

FOLLOWING Green‘s presen-
tation, the participants will ex-
amine three specific issues of
cable TV: non-broadcasting fea-
tures. public access and national
concerns.

David I’enniman. associate
manager of information systems
for Battelle Research Institute.
will discuss the non—broadcasting
area “Mr I’enniman was in-
vited." Olson said. “to identify
the range of non-broadcast ser-
vices and to determine possible
uses of interactive cable." Pen-

niman will also examine two-way
cable systems and their potential
impact on non-broadcast sys-
tems.

George Tressel, director of
training at Battelle, will speak on
citizen involvement with cable
TV functions. Olson said this
phase of the conference should
help participants learn more
about the implications of apply-
ing public access to the educa~
tional, social and medical agen-
cies of society.

A SESSION on cable TV and its
national priorities will be direct-
ed by John Hunter of the Cable
Bureau of the Federal Communi-
cations Commission (FCC).

“People should be made aware
of the potential cable (TV) has
nationally.“ Olson said. “From
Mr. Hunter. we would like to
know what role the FCC is going
to take concerning cable's poten-
tial for public service."

Two panels of selected faculty
and student representatives will
discuss the speakers‘ remarks.

The conference is scheduled to
begin at 9 a.m. and run until 5
pm. in the Student Center The-
ater.

Lexington‘s Otdest Restaurant
ii9 Scott-i Limestone Street. LexingtOn
For Reservation Phone IJJAISH

 

in the

  

  
 

 

 

   

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 6——THE KENTUCKY KERNEL. Monday. December 2. I974

CENTRAL KENTUCKY
CONCERTS 8. LEC-
TURES

HE YWOOD
HALE
BROUN

at MEMORIAL COLISEUM
TUESDAY, DEC. 3, 8:I5p.m.

Admission:
All full-time UK students admitted by ID and
ACTIVITIES CARDS.
All others by season membership card.

Seniors and Graduate
Students. Are you
ready for now?

Now is the time to explore the
potential for professional achievement
at the Naval Ordnance Station,
Indian Head, Maryland (only 25
miles from Washington, DC.)

The Naval Ordnance Station is a recognized
leader in rocketry, missile and gun propulsion.
We are involved in all aspects of this technology,
from research, design, and development to pro-
duction and evaluation. Besides interesting and
exciting career fields, the Naval Ordnance Sta-
tion offers fast advancement-eboth in responsi-
bility and pay. (Special government salary rates
available for Engineers.)

Positions are available in

Engineering 0 The Sciences °
Computer Science ' Liberal Arts

Our representative will be on campus on

December 6, I974

Sign up at the placement office for an
interview. Don't miss this opportunity
An Equal Opportunity Employer

 

Judge drops libel suit

By RON MITCHELL
Managing Editor

A U. S. District Court judge in
Alabama has ruled that a $250,000
lawsuit filed against UK tennis
coach Graddy Johnson should not
be tried in that state.

Chief Judge Frank McFadden.
U. 5. District Court. Northern
District of Alabama, issued an
order last Tuesday stating that
the plaintiff, University of Ala-
bama tennis coach Dr. Bill
McClain, has not proved that
Johnson legally does business in
the state of Alabama.

MCFADDEN WAS acting on a
request by Johnson to “quash
service of process." the term
given the summons which was
served Johnson when the suit was
filed Aug. 26.

McFadden‘s three and one-half
page order stated that “occa-
sional trips into the state (Ala-
bama)“ for tennis matches or
other business are not sufficient
to indicate that Johnson actually
does business in Alabama.

McFadden then ruled that the
summons be quashed and added
that. since the court had no
jurisdiction in the case, he did not

feel it necessary to rule on
Johnson's request for a dismissal
of the case.

M(‘(‘l.AIN CLAIMED in his
suit that he was libeled and that
his character had been defamed
by a letter Johnson sent to all
Southeastern Conference (SEC)
tennis coaches, all SEC athletic
directors and Dr. Boyd McWhor-
ter. SEC commissioner.

Johnson's letter. dated March
15, I974. explained that he was
disturbed because a unanimous
recommendation from the con‘
ference tennis coaches to change
the dates of the SEC tennis
tournament was not placed on the
agenda at last spring‘s meeting
of SEC athletic directors.

”This (a change in the tourna~
ment dates) was unanimously
voted upon at the tennis coaches‘
meeting in Atlanta in January of
this year. We ordered and direct-
ed our president. Dr. Bill Me
Lain, tennis coach at Alabama to
thoroughly pursue. through his
department of athletics. approval
and passage of this unanimous
wish of the coaches." the letter
stated.

“I SUGGEST we find someone

 

rather than Bill McClain who
would be competent and thorough
enough to make certain that our
wishes not only reach the com-
missioner's office but also are
placed on the agenda and fol-
lowed through at the May meet-
ing by our directors." the letter
stated.

In his opinion, McFadden noted
that the ”language used by
Johnson doesn't necessarily bear
defamatory meaning. It can fair-
ly be read to suggest that
someone who is competent and
thorough be selected in place of
McClain."

"The crucial sentence does not
accuse the plaintiff (McClain) of
incompetence." McFadden ad-
ded.

M(‘F.-\I)DI‘IN NOTED that
McClain's case is even weaker
when compared with a similar
case. In that case. Rotzell vs.
New York News Publishing Com-
pany. the court ruled that