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.
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