Senate approves funding
By PHILIP GUTIS
Daily Collegian Staff Writer
The state Senate passed a 5.8 percent increase ammounting
to $127 million in appropriations for the University yesterday.
Gov. Dick Thornburgh will now receive the appropriations
legislation, and since the General Assembly passed his initial
recommendation, is expected to sign it.
However, Art Ciervo, director of Public Information and
Relations in Old Main, said the University may not get the
appropriation passed by the General Assembly.
He said there is still a $4l million deficit in the state's budget.
The state is trying to fund the deficit by obtaining $26 million
from the Liquor Control Board and $l5 million by increasing
various fees, including restaurant and river pilot licenses,
Ciervo said.
If the legislature cannot fund the deficit, Ciervo said, "there
is a good possibility that they will take it out of the non
preferreds (Penn State, University of Pittsburgh, Temple
University and Lincoln University) we hope it won't."
Voting unanimously, 48-0, the Senate passed the ap
propriation, said Sen. J. Doyle Corman Jr., R-central Pa.
"I'm happy we got it through at the level we did," Corman
said. "Penn State was happy with the level.
"Certainly we'd always like to get more its better for the
students and for the economy in Centre County," he said.
Ciervo said "We appreciate the Senate approval of the
Carter orders airlift to Thailand
WASHINGTON (AP) President
Carter ordered yesterday an immediate
airlift of about $3.5 million in artillery
and rifles to help Thailand's armed
forces in the face of Vietnamese Army
attacks from Cambodia.
Carter's action follows an urgent
appeal from Thailand for a speed-up in
delivery of some equipment from the
United States already ordered and paid
for.
The relatively small amount of arms,
as well as ammunition, covered by
Russians pying must stop, Ir a n y s
Bani-Sadr and the fundamentalists have been
locked in a bitter struggle for power that has pushed
back the start of a parliamentary debate on the fate
of. the 53 American hostages, who will complete
their eighth month in captivity July 4.
Parliament has been charged by Ayatollah
Ruhollah Khomeini with deciding what to do with
the hostages.
The Islamic Republican Party, the fun
damentalists' political alliance, meanwhile reacted
to Monday's expullsion of a Soviet diplomat accused
of spying by warning Moscow that its "spies" would
be treated the same way as American agents.
From our Wire Services
Iran's powerful Islamic fundamentalists warned
the Soviet Union yesterday that its diplomats may
be treated the same way as the 53 captive
Americans unless they stop "spying" on Iran.
The warning, contained in the official newspaper
of the Islamic Republican Party, came as Tehran
Radio reported what appeared to be President
Abolhassan Bani-Sadr's toughest attack on his
fundamentalist critics to date.
Iranian officials also announced that even if the
cancer-stricken deposed Shah of Iran dies, the 53
American hostages will not be freed unless the
United States ends its economic embargo and
promises not to meddle in Iran's affairs, according
to a Tehran newspaper, Donyaye Iran.
In a speech made on Monday but not carried by
the radio until a yesterday, Bani-Sadr said Iran was
"endangered from within" by • fundamentalists
whose excesses are just as bad as those of the
deposed shah.
"It is possible to mention numerous examples
which illustrate how our revolution is endangered
from within," Bani-Sadr said.
"In the past regime ( of the shah) it was possible
to attack the life and property or position of anyone
illegally. It is also possible in this regime.
"In those days (it was done) in the name of the
r•,.TV
Scenery greenery
The Summer Term view down the Mall, in this photo strangely devoid of people,
resembles an open air Gothic cathedral. This month's Central Pennsylvania
Festival of the Arts will provide the same scene a much more crowded and
bustling look.
BINDERY
Y 1 202 PATTEE
4 COP
the
daily
budget at the level proposed by the governor."
The University Board of Trustees already approved a new
budget calling for a 10.5 percent increase in tuition starting
Fall Term. This increase is not in addition to the 5 percent
tuition increase announced last summer.
Along with the tuition increase, the budget is going to be
balanced .by $2.2 million in internal reductions and
reallocations, said University President John W. Oswald. The
University will also cut $2.6 million in essential expenditures,
he said.
Salary adjustments for faculty members and staff represent
the largest increases in expenditures, according to Public
Information and Relations in Old Main.
This approved appropriation leaves the University with a $l3
million deficit in its original budget.
Last September the University submitted a $l4O million 1980-
81 appropriations request representing only the University's
most urgent financial needs, according to budget information
presented to the House of Representatives by the University.
The Senate Appropriations Committee decided not to hold
appropriation hearings for the University, but last week they
sent the $127 appropriation level to the floor of the Senate.
Along with the general funds appropriation the state has
given the University, it has also received $8 million for
renovations to the West Campus Power Plant and $4 million
for completion of the new sewage treatment plant.
Carter's speed-up order, suggests it is a , millimeter howitzers, 38 106-millimeter
token demonstrating U.S. support. recoilless anti-tank guns and what were
However, Pentagon officials said they described as "significant quantities" of
are examining the possible availability artillery and machine gun ammunition.
of additional equipment from U.S. The rifles, artillery and anti-tank guns
military stocks which could be shipped will be flown across the Pacific in six or
to Thailand soon. seven U.S. Air Force C-141 transport
The Thais have nearly $6OO million in a planes.
wide range of military equipment, spare The Pentagon said the U.S. govern
parts and other items on order in the ment will absorb the $1 million airlift
United States. cost "as a measure of our support for
Carter's directive will lead to early Thailand in the wake of Vietnam's at
airlift of 1,000 M-16 rifles, 18 105- tack on her border area."
shah, and today in the name of the campaign
against counter-revolutionaries," he said.
"Censorship rules this country," the president
declared
"When the people are kept ignorant, they do not
understand. When they do not understand, they do
not obey. When they do not obey, they are thought of
as rebels. Then you begin using force . . . and when
force is used, you get addicted to ( it)," he said.
If this is allowed to continue, he said, there will be
"no difference between this regime and the one just
overthrown."
Clark urges conciliatory moves
WASHINGTON (UPI) Ramsey Clark asked
Congress yesterday to investigate past American
actions in Iran, try to lift the sanctions President
Carter imposed on Tehran and meet with Iranian
legislators.
Clark, the former attorney general who recently
traveled to Iran without a State Department OK,
told House members that such conciliatory moves
might not free the hostages who have been held
since Nov. 4.
olle • lan
Students could receive $350,000
Suit against University possible
By PHILIP GUTIS
Daily Collegian Staff Writer
A class action suit filed against the
University which could result in
payments of about $350,000 to students
will probably be certified, said Judge
Harold B. Fink.
"I think I have resolved the matter in
favor of certification," he said.
Certification would allow two students
who resided in the dorms Spring Term
1978 to file suit on behalf of 11,626 fellow
dorm residents, said Virginia Eisen
stein, attorney for the students.
Fink, in the Centre County Court of
Common Pleas, delayed his decision
until Eisenstein and Mark Faulkner,
attorney for the University, file briefs.
Jane B. Brennan and Edward D.
Joseph are the main plaintiffs in the case
stemming from the University's shor
tening Spring Term '7B by five days
because of a widespread coal strike in
the country, said William H. McKinnon,
assistant vice president for Housing and
Food Services.
Brennan originally filed suit with
District Magistrate Clifford Yorks
asking for a $23.49 refund. She lost that
case in May 1978 and, with Joseph,
changed her suit to a class action.
They then appealed Yorks's decision
to a Common Pleas court.
The judge heard testimony to deter
mine if a class action is warranted. If he
decides class action is appropriate, the
case will then be tried again to deter
mine damages.
During April '7B the University
credited the general deposit of each
student residing in the dorms Spring
Term $8.40 for services not supplied.
University President John W. Oswald
Photo by Janie Burger
Bubbling with pride
These young men joined hundreds of other gay rights supporters in New York City who came "out of the closet" and into
the street for Sunday's Gay Pride Day march. The festive spirit of the parade, coupled with the comraderie of the mar
chers, spread through the streets and warmed the atmosphere of an otherwise damp and cool day. See related story and
photos on Page 3.
But at least, he said, such moves would help quell
the anti-American mood in Iran.
Clark spoke at a luncheon hosted by Rep. John
Conyers, D-Mich., and the Fund for New Priorities,
a liberal political group.
"We should apologize (to Iran) if we did wrong
and I think we did wrong," Clark said, adding that
an apology would be "acknowledging the truth and
our responsibility."
said the $8.40 figure was calculated
based on double room costs of $6.13 per
day minus $4.45 in fixed costs, The Daily
Collegian reported April 12, 1978.
"They ( the University) got scared
because they didn't want to get involved
in many suits," Joseph said.
Testimony yesterday and Monday at
the County Court House in Bellefonte
concerned the actual length of the term
and the students who would be included
in the class action.
Eisenstein and the plaintiffs contend
that under the original term calendar
students were entitled to 80 days of
housing and food services and under the
revised schedule only 75 days of services
were supplied.
Brennan and Joseph are seeking a 6.25
percent refund 'for the five days, an
average of $3O per student, they said.
On Feb. 23, 1978 the University
changed the term calendar.
Instead of beginning Spring Term
March 5 and continuing it until 3 p.m.
May 23, the University delayed the term
and began March 12 and continued till 3
p.m. May 25, the plaintiffs said.
Faulkner said the housing and food
service contract does not designate an
exact number of days students are en
titled to the services.
However, Brennan said 80 days were
allowed "not by contract, but by
precedent."
McKfnnon said students are "en
couraged" to leave the dorms by 3 p.m.
the day following their last exam.
"I think they basically do," he said.
Faulkner added that students staying
after that time do so at the courtesy of
the University.
The contract states dorms open on a
VEY ir\
GNS
MIS NE
New no-fault divorce
legislation in effect
Pennsylvania's new divorce
legislation, allowing for no-fault
divorces, went into effect yesterday.
However, only one divorce petition
was filed yesterday with the Centre
County prothonotary's office, said Ruth
Rudy, prothonotary.
The Centre County Domestic
Relations office held a meeting with
county lawyers last night to discuss the
local provisions and proper procedures
for filing petitions last night.
After this meeting, Rudy said, she is
expecting many petitions.
The no-fault provision in the
legislation allows one spouse to win a
divorce without regard to fault. As the
law existed one party had to be judged at
fault before a divorce was granted.
The new legislaton, the first major
divorce reform in the state in nearly 200
years, establishes four major areas of
reform:
• Divorce by mutual consent 90 days
after a petition has been filed in court.
• Contested divorce granted after a
certain day and students are required to
leave the day following their last final
exam, he said. There are some students
who do not have final exams who should
leave the day following their last class,
he added.
This means there is no definite period
which students are entitled to the ser
vices, Faulkner said.
Also, graduating seniors are allowed
to stay in the dorms without additional
charge, with no food services, until
graduation day, he said.
Brennan testified she "never
remembers the University forcing a
student to leave before the dorms
closed."
During the statements of facts in the
case Fink said, "No matter how you look
at it the University gained five days out
of it ( the delayed term)."
John F. Brugel, director of the Office
of Student Aid, testified that 4,000
students received grants complete or
partial which would exclude them
from a class action suit.
However, Fink said he would not
refine the proposed class and exclude
any students receiving full or partial
grants.
"It is not the design of this court that
they (students receiving full grants) be
compensated by any reimbursement . . .
for they paid nothing in any event," he
said.
A large portion of the testimony also
dealt with the notification procedure to
be followed if certification is gran
ted. The present plaintiffs would have to
try to notify all 11,626 possible plaintiffs
in the case, said Fink, a judge from
Potter County.
Since many students living in the
15'
Wednesday, July 2,1980
Vol. 81, No. 10 14 pages University Park, Pa. 16802
Published by Students of The Pennsylvania State University
separation period of three years and
after the filing of a petition stating the
marraige is irretrievably broken.
• Equitable division of property.
• Alimony when property settlements
are deemed insufficient.
The legislation still provides for
divorces on the basis of the following
faults: adultery; cruel or barbarous
treatment endangering the life or health
of the injured and innocent spouse;
imprisonment for a term of two or more
years; mental abuse; and confinement
in a mental institution for at least three
years.
State Rep. Gregg Cunningham, R-
Centre County, one of the main sup
porters of the legislation in the House,
said, "It (the new legislation) is an
imperfect effort to minimize a vast
problem."
"We are going to have fine tune it," he
said. "As problems are identified with it
I stand ready to make the adjustments
that are needed."
- •
dorms spring '7B are now alumni and
many are still enrolled in the University,
locating current addresses would in
volve $650 to $l,OOO in computer charges,
testified Keith D. Wheeland, manager of
process control for the University.
Eisenstein formulated another
possibly less effective plan to notify
students. She proposed using parents'
addresses on dorm contract student
files, which would be less costly but also
less effective, she said.
The two students have only $7OO
available for legal services and all
related costs, Fink stated in his findings
of facts in the case.
Before adjourning for the day and
continuing the case, Fink said the
suggested class does not contain so
many people that all could not be ad
judicated.
However, speculating that it would
take six months to do so, Faulkner said,
"I perceive this class as a monster . . .
I'm prepared to have 11,000 cases ad
judicated separately."
Today will be quite cloudy and rather
humid with a few showers and thun
dershowers scattered about. The tem
perature will struggle toward a high of
78. A few lingering showers early this
evening will give way to partial clearing
later tonight with a low of 60. Tomorrow
will be partly sunny with a delightful
high of 79. The Fourth of July will see a
spectacular display of sunshine with just
a thin spattering of clouds as the tem
peratures rise freely toward a high of 81
degrees.
—By Philip Gutis
Clouds for a day