PSU students question Lewi =Collegian Impeachment article By SHEILA MULEN Collegian Staff Writer Fred Stoner, president pro tempore of the Undergraduate Student Govern ment. last night ruled - that the first impeachment article passed against USG President George Cernusca was invalid. Cernusca had sailfhe would file suit in the USG Supreme Court if Stoner did not invalidate the article. Cernusca said that the USG Constitution specifies that the USG chief justico must preside over impeachment proceedings. Stoner said that since there was no chief justice at Wenesday night's Senate meeting the article is invalid. Stoner's decision may be appealed and over-ruled at a speCial Senate meeting Sunday night. Two suits were filed yesterday with the USG Stipreme Court in reaction to passage of the first impeachment article Insurance officials deny free policy gift Bs BILL HUMPHREYS Collegian Staff Writer An insurance company official has denied that his firm offered a free personal property insurance policy to Undergradaute Student Gevernment President George Cernusca. William B. Churchman. president of the Frank B. Hall and- Co. insurance brokerage firm. yesterday said that a letter from his firm to Cernusca "bind- IQ coverage" on Cernusca's trailer did not imply that the coverage would be free of charge. County judge rules on occupational tax Centre County Judge R. Paul Campbell ruled Wednesday that students are not engaged in an oc cupation for tax purposes. The declaratory ruling came at the request of the State College Area School District. which was faced with the problem of collecting the oc cupational assesment tax -from more than 20.000 students. Housewives and retirees also were ruled exempt from the tax, although the school district has been taxing_ persons in such "occupations" for about 10 years. These groups will not have to pay the $2 school district occupational tax this year because of Campbell's ruling. The judge's decision is, in effect, a legal definition of the word ,roc cupation" as it applies to occupation taxes. Up until last year persons under 21 were automatically exempt from the I 1 1 RepubliCan gubernatorial candidate Drew Lewis, visiting Penn State in his speaking tour of Pennsylvania colleges, yesterday ;lashed out at Gov. Shapp's handling of higher education. "I feel that the present administration has not dealt with higher education in accordance to its needS," Lewis said, Lewis pointed out that Shapp, before his election in 1970, had often spoken for free higher education, but since Shapp began his term oroffice, tuition at state schools has almost doubled. "I don't support free higher education in concept," Lewis said. "I don't think it's practical. "But I see a great need for increased -aid for higher education in the state, especially scholarship ail for middle income families." Lewis- said he favors state aid to non-public schools, but added thattate-related or state-owned schools should get first prioritSi in funding. Responding to a question on the Undergraduate Student Government's request for the state legislature to order a special audit of the Universidy's books, Lewis said he would support USG's request if elected. He said he thinks the books and records of anyone ori any agency connected with the state government in any way should be open. "One reason people don't trust government is there is too much of a closed door," Lewis said. Lewis continued his attacks on "corruption" in the Shapp administration. "If corruption exists within his (Shapp ° .§) administration. whether political or not, it is his responsibility to root it out," he said. Lewis said Sham> could have solved many of the corruption problem* in his administration if he had acted when he found out about them. Much of Levis' time was devoted to a question-and-answer period. Several q4stions centered on what might be called typical college issues marijuana and the drinking age. "I would not support the legalization of marijuana even though I think it is no more damaging that a alcohol," Lewis said. against Cernusca Gary Potter, USG aide, charged in his grievance that the Senate Select In vestigating Committee violated his right to vote. Potter said the committee "illegally obtained evidence, returned illegal and unconstitutional articles of im peachment against a duly elected of ficial and issue& illegal and non-binding subpoenat." Potter said in the suit that the com mittee's judgment on Cernusca was "prejudiced, censored and inaccurate:" He also said the opinions were resulted from a conspiracy. Potter also named Fred Stoner, USG president pro tempofe, who conducted Wednesday's Senate meeting. Potter charged Stoner did not allow senators who had procedure questions to speak. Potter said Stoner's decisions as Chairman of the meeting were "un- The letter, dated May 13, states that as of that date Hall and Co. was binding coverage on the "Personal contents" of Cernusda's trailer for $l,OOO. coverage on the "personal contents" of Cernusca's trailer for $l,OOO against fire and vandalism. The letter also says that Cernusca's' belongings were not covered against theft, and recommends an "all risk" , policy to cover against all possible losses. There is. no mention of payment in the letter, but Bryan Hondru, Hall and Co. tax, but hange in state law lowered the to ge to 18. The se board in July voted to hold off sending bills to students, house Wives or retirees. The board expressed hopes for a decision allowing an exemption for these persons. collection of taxes from students proved a problem under the School Board's per capita tax which was discontinued last spring. Many students do not consider themselves residents or may pay taxes elsewhere. Judge Campbell commented in his ruling. "We .do' not believe that any person endoWed with a devious mind could dream up a more inequitable tax than the occupation tax, and we sincerely hope the Legislature will remove it from the statute books." But he said later, "We earnestly recommend the imposition in its place a reasonable per capita or some similar tax." By STEVE OSTROSKY Collegian Managing Editor He said he opposes legalization mainly because of studies constitutional and highly prejudicial." Potter also filed grievances against Academic Assembly President Joe Kaplan and Easy Halls Senator Michael Caccese. Kaplan is charged with "falsifying We terms of the USG Consititution" and conspiring to "misrepresent facts to the Senate." Caccese also is charged' with "con spiracy to misrepresent facts to the Senate." Potter did not specify what evidence had led him to file the suit. • A second suit was filed with the Supreme Court by Duffy Lennig, director of the USG Department of Student Welfare; John Phillips, and Sharon Spitz, both USG senators. - The second suit questioned Fred Stoner's ruling that articles. of im peachment only required a majority of the senators present, in order to pass. vice president, said this type of letter is widely used in the insurance industry to bind coverage on property) This - means that the property is covered until such time as the policy can be put into writing and signed by the parties involved Cernusca has said he believed the letter to be an offer , for free insurance. He said he never answered the letter. The letter requested a list of the items Cernusca allegedly wanted insured, specifically mentioning a guitar and a stereo. It stated that Cernusca had estimated the property's value' t $1,500. Hondru said Cernusca had asked him about personal coverage around the time they were discussing the USG student medical insurance plan, which Hall and Co. had bid for. ' Hall and Co. later sued Cernusca and-, amount of money involved made billing another insurance firm, charging that impractical. the USG president had broken a Contract Cernusca said he cannot remember to give the USG student insurance plan whether he received the second letter'. to Hall. ( "I'll have to look .through my files," he Clearfield County Judge John s A. said. Another aide named co-conspirator Nixon asks subpoena WASHINGTON (UPI) Former President M. Nixon formally, asked yesterday to be excused from testifying in the Watergate cover-up trial, presumably because of his phlebitis attack. Meanwhile, a source said another of his former aides, Richard A. Moore, had been named an unindicted co conspirator because of new evidence in the White House tapes. Former Assistant Attorney General .Herbert J. Miller Jr., Nixon's lawyer, filed sealed motions to quash both prosecution and defense subpoenas for that say marijuana may be psychologically damaging. But he added, "f don't see the sense of making people have criminal records for using it. I think it has been a ridiculous situation." On lowering the drinking in Pennsylvania, Lewis said, "I support the concept of 18-year-old drinking, but I t support practically 19-year-old drinking." He said that while even 18-year-olds have many rig, he favors lowering the Minimum 'drinking age to 19 to help keep drinking out of the high schools. Lewis also took stands On two of the major issues of the year in any political race —abortion and capital punishment. Lewis said the governor of Pennyslvania has little power to change the policy on abortion because of the Supreme Court ruling 'on the issue. He added, "Basically I feel the matter is between a women, her doctor and her church. But I don't feel that abortion should be used as a birth control device.'! . . Lewis said he would haVe signed the abortion bill that Shapp recently. vetoed. The bill, which became law when the legislature overrode the governor's veto, required women to get their husband's per Mission for an abortion, or if un married and under 18, parental permission. On the death penalty,, Lewis said, "It's great to be for capital punishment, but when y:Tu are the guy who pulls the switch it's hard. He said the death penalty should be used in killings of, policemen and prison guards, hijackings and rape. Lewis also aired his views on the state income tax, which' has developed into a major issue during the past several, weeks. "I happen to feel the federal government graduated income e,...1 tax is inequitabl " vvis] said. "Loopholes which have come out during the years ake it totally inequitable." 1 Lewis said under h . proposal everyone would be given a deduction of $4,000 from their income. After that deduction everyone would pay the same flat rate on the remainder of their earnings. Lewis said that this proposal would take a great deal of the tax burden off the low-income people, and place more on the high-income people. He also said that since. there would only be one. standardized deduction, there would be no possibility of loopholes. University Park, Pennsylvania Published by Students of The Pennsylvania State University Ten cents per Copy in valid Plaintiffs in the second suit dedounced articles of impeachment I, II and V as unconstitutional. The plaintiffs said only malfeasance is named as an im peachable offense in the USG Con stitution. The plaintiffs charged Fred Stoner with denying them their vote and defying the constitution. According to the suit, Stoner defied the constitution by allowing a majority of senators present ( 13) to pass impeachment article I, instead of calling for a majority of senators elected (18). The plaintiffs of the second suit asked the Court to declare a majority of the Senate as 18. They also asked the court to declare impeachment articles I, II and V unconstitutional. Articles I and H cited Cernusca for contempt of the insurance committee and misfeasance in office. Article V charged Cernusca with abuse of power. Cherry decided in favor of Halle and Co. on August 27. Cernusca denied he had ever asked Hondru for personal insurance. didn't need insurance," he said. "q. was moving out of the trailer in two weeks. I didn't even own a stereo. We didn't even have a stereo !in the trailer." Hall and Co. further claims that it sent Cernusca a letter dated June 13 which warned Cernusca that the binding coverage on his property would be cancelled and he would be billed for the month's premium if he did not send the firm a' list of his valuables by June 24. Cernusca never answered, according to Churchman, and the coverage was cancelled on schedule. However, the firm said they never sent Cernusca a bill because the small Nixon's testimony, presumably for reasons of health. The motions were delivered to the . closely guarded chambers where Judge John J. Sirica was interviewing prospective jurors - for the trial of ,five former Nixon aides. Sirica announced minutes later that the documents "will be filed under seal until'the court has had an opportunity,to review them thoroughly," and also announced that the process of qutlstion 7 ing jurors - in closed court would be speeded up. Nixon has been hospitalized for more Friday. October 4, 1974 Vol. 75, No. 54 16 pages BINDERY 11 202 PATTE Thousands hurt as earthquake hits central Peru LIMA (UPI) A powerful.earthquake rocked Lima and much of Peru's central coast yesterday, toppling bUildinds and disrtipting communications. Police reported at least 19 dead in Lima alone. One Lima residential suburb was described as "a dev s l,stated city." • In Ica a large tree'callapsed against a university building, l/tlling one student and injuring two. Police also confirmed deaths in Chincha. Major Lima hospitals made urgent recalls of their staffs, and reported that more than 1,500 persons sought assistance in emergency rooms, though the majority -of the injuries were reported to be minor. Estimates . ,uf the numbers made homeless ranged up to 70,000 in the Lima area and at least 40,000 more' further south according to officials of the ministry of housing. In the Lima residential sections of Chorrillos and La Molina, 50 to 60 per cent of the houses . were reported destroyed or heavily damaged. "Chorrillos is like a devasted city" said a photographer. The top floor of the six-story Banco de Industria building in downtown Lima collapsed as did an entire monastery in suburban Santa Rosa, and a large grain silo in Callao. Several workmen were reported trapped in the rubble of the silo. The quake struck as _the country was preparing for a half holiday in celebration of the sixth, anniversary of the takeover by the military govern ment. All public cel4brations were canceled and President Juan Velasco Alvarado postponed his speech to the nation until next Wednesday. The ministers of houding and of the interior took a helicopterl tour of Lima to survey the damage. The quake was felt in the heart of the Andes mountains in COco, 350 miles away, In Lima, cornices from older buildings fell onto the streets, damaging some cars. Walls cracked and some windows shattered, covering sidewalks with splintered glass. Hundreds of houses collapsed, but Most escaped outside. " Thpusands of office ;workers and families rushed out into the streets in terr'br. The National Geophysical Institute said the quake struck at 9121 a.m. (10:21 a.m. EDT) and lasted more than one minute. It was followed by a series of earth tremors of lesser intensity. The institute said the epicenter was in the Paific Ocean, 30 to 50 miles south- than a week with phlebitis, a vein in flammation, which has caused poten tially dangerous blood clots in the for mer President's right lung and left leg. His doctor, Dr. John Lungret4of Long Beach, has said he will be discharged from the hospital later this week but would be unable to travel for at least one month and possibly as long as three months. By the time the court session ended at 5:17 p.m. EDT, Sirica has accepted five prospective jurors and excused five others. Sirica will resume his interviews when court reconvenes thiS morning. 3 COPIES n issues west of Lima and the intensity was 6.5 to 7on the Richter scale of 1 Its tremors were felt in a radius of 300 miles around Lima. The force was felt greater in Lima than the earthquake in May, 1970, that devastated the northern half of the country and caused an estimated 67,000 deaths, with many dying in landslides. The Lima fire department said first reports indicated the most heavily damaged part of Lima was in the Rimac section where older, predominantly wooden buildings-make up most of the homes. Reports compiled from police and civil defense officials said three persons killed in the destruction of houses in the port city of Callao adjacent to Lima. Another three children were killed by the collapse of a bridge in suburban Chorrillos, and, farther south, at least three died and 30 were injured in Canete on the coast. Two more persons died in the collapse of a university building in the city Ica south of Lima. The editor of El Comercio told UPI a major hospital had reporte l d one of its nurses leaped in panic from a third-story hospital windOw and died on the pavement. Two hundred houses belonging to field workers at the experimental agricultural station outside Lima collapsed, but all those inside managed to escape and there were no injuries. A student dormitory at the nearby agricultural university also caved in without injuries. The students were on vacation. Clocks in Lima business offices stopped at 9:28 a.m. when the'electricity failed. DoWntown Lima was quickly deserted. Shops closed and office buildings were shut because residents feared a second quake might follow. UPI moved to the West Coast Cables office which still had short wave radio com munications with the outside world. In UN's downtown office, plaster crumbled from walls, windows broke and glass scattered on the sidewalks. Light fixtures broke loose from the ceiling. The government cancelled ceremonies celebrating yesterday's sixth an niversary of the military revolution, including a speech by Presidelt Juan Velasco Alvarado. In New York, a spokesman for American Telephone and Telegraph said phone service from Lima was cut for two hours and then restored, along with 28 satellite communications channels, but calls were backed up for hours. release Moore, 60, a benign and fathirly looking figure who testified haltingly during the 1973 Senate Watergate hearings last summer, was Nixon's special counsel. But he had stayed on at the White House until his resignation Wednesday. Mostly sunny and warmer today, high 56. Clear and cool tonight, low 40. Partly sunny through Sunday with 'a chance of showers late Sunday. High Saturday 67. High Sunday 74. U.S. POSTAGE STATE COLLEG P,A. 16801 PERMIT Nn.ir Eric Feick Weather
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