6 The Daily Collegian Bush attempts last-minute compromise Civil rights bill would force employers to qualify hiring practices By MIKE ROBINSON Associated Press Writer WASHINGTON, D.C. President Bush sought to renew negotiations with Democrats yesterday on major civil rights legislation, float- Mg a compromise designed to fight job discrim ination without leading to hiring quotas. Democratic sponsors of the bill said they would consider Bush's offer in hopes of agreeing on legislation he would sign. "The president wants us to sign a bill and he wants us to work it out," Sen. John Danforth, R- Mo., told reporters at the White House after he and other GOP senators met with the president. The behind-the-scenes negotiating involved the bill at the top of civil rights groups' agenda for the year. The measure would overturn five Supreme Court rulings. Provisions of the bill range from a ban on racial harassment in the workplace to punitive Thousands flee from after By CLARO CORTES Associated Press Writer BAGUIO, Philippines Hundreds of thousands of people fled their homes yesterday after four strong aftershocks shook the earthquake-devastated north. The death toll from the quake reached 376 as more bodies were discovered. Many people bitterly complained that rescue efforts were poorly organized and ineffective. "People are losing hope, simply because they haven't received any assistance from the national govern ment," said Ronnie del Moro of the GMA television network, reporting from the town of Agoo in La Union prov ince. In La Union and Tarlac provinces, thousands of people slept in cars and in their yards because of damage to their homes and fears of another quake. Huge fissures of up to half-a-mile cut highways throughout the area. In the mountain resort of Baguio, where at least 82 people were killed by Monday's quake, one woman approached visiting military Chief of Staff Gen. Renato de Villa and com plained about the rescue efforts. "These are all piecemeal measures!" the unidentified woman shouted as P -esident Corazon Aquino's spokesman Tomas Gomez tried to pacify her with promises that help was on the way. "Why now, why only now?" she asked. Gomez gave no answer. Jersey court rules garbage is private, warrant neede • By THOMAS MARTELLO Associated Press Writer In New Jersey, at least, TRENTON, N.J trash is sacred. The state's highest court, despite a U.S. Su preme Court ruling in the other direction, says police need a search warrant to rummage through someone's garbage cans, even those at the curb. "Garbage reveals much that is personal," the state Supreme Court said Tuesday. Supreme courts in about a dozen other states have agreed with the U.S. Supreme Court that garbage is part of the public domain. Rubbish!, said the New Jersey court, joining only Hawaii in requiring warrants before the law may get within arm's length of a person's trash. quake area aftershocks The aftershocks delayed the search for survivors in several hard-hit areas. Two measured 6.3 and 5.8 on the Rich ter scale of ground motion, according to the U.S. Geological Service in Gold en, Colo. There were no precise read ings for the other two. Monday's quake measured 7.7, the worst to hit the Phil ippines since 1976. In Baguio, hardest-hit by the earth quake, thousands of people began flee ing after the aftershocks. They carried their belongings with them like war ref ugees. Scores of people jammed the airport in hopes of leaving the city aboard mil itary helicopters that were ferrying sup plies from an air base in a nearby province. Thousands remained camped in city parks, many with only umbrellas for shelter in the frequent thunderstorms. "We will just walk," one woman said. "It's dangerous on the road because of the landslides. But it would be much safer than staying indoors. We will be spending the night on the road." At the Hyatt Hotel, which collapsed in the earthquake, Clarita Gonzales tea rfully called out with a megaphone for her 5-year-old daughter trapped in the rubble with her nanny. "If you are still alive please tap Mrs. Gonzales sobbed. In all, eight hotels and 19 other major buildings were destroyed or heavily damaged in Baguio. About 1,500 Amer icans live there. damages for victims of intentional discrimina tion. Most of the controversy, however, has sur rounded a provision making it easier to chal lenge employment practices whose effects fall disproportionately on minority groups. The Supreme Court's decision in a case involv ing hiring at a salmon cannery in Alaska held that such practices do not violate the law unless those filing suit can show they were not moti vated by business necessity. The bill, sponsored by Sen. Edward M. Ken nedy, D-Mass., would require the companies to prove that the practices involved did represent business necessity. The Bush administration and other critics of the Kennedy measure say it would guarantee that businesses would turn to minority hiring quotas to avoid the costs of civil rights lawsuits. Danforth told reporters at the White House "Undoubtedly many would be upset to see a neighbor or stranger sifting through their garbage, perusing their discarded mail, reading their bank statements, looking at their empty pharmaceuti cal bottles, and checking receipts to see what videotapes they rent ...," the court said over the objections of law enforcement officials. Garbage, which New Jersey produces at the rate of 10 million tons a year, should "remain pri vate from the meddling of the state," the justices said in the 5-2 ruling. Law enforcement officials say the ruling will offer new protections to criminals. Civil libertari ans praised the court's stance. Trash seems at times to envelop the lives of res idents of New Jersey. the most densely populated state. Landfills are bulging but the state has few Dateline that Bush had given his approval to the proposed last-minute compromise. The specifics were not immediately learned but there were reports of dissatisfaction in both the business and civil rights communities within an hour after Danforth left the White House with Sens. Arlen Specter, R-Pa., and James Jeffords, R-Vt. Business and civil rights forces said they understood the measure was similar to one that Kennedy and White House Chief of Staff John Sununu had discussed last Thursday and which at that time brought them close to a compromise agreement. Kennedy and Sununu met again on capitol Hill Tuesday night but broke up around mid night without reaching an agreement. On the floor, senators debated a move by Sen. Nancy Landon Kassebaum, R-Kan., to replace Kennedy's measure with a less stringent version. 4 • 10.• ver • %if 0 1"1111 V 4 Rescue workers continue their operation for a third day at Hyatt Hotel in Baguio after Baguio. Hundreds more are injured. Four aftershocks yesterday caused people to it collapsed due to Monday's earthquake. At least 382 people are dead, 82 from flee their homes. places to put new ones. About 55 percent of its trash goes to other states for burial. Separation of newspapers, glass and aluminum cans for recy cling is mandatory. In 1988, the U.S. Supreme Court ruled in a Cal ifornia case that "people lose any reasonable expectation of privacy in their trash by leaving it in bags alongside the street, because such garbage is vulnerable to an unscrupulous person or scav enging animal." Courts in Alabama, Arizona, lowa, Massachu setts, Michigan, Nebraska, Ohio, Oklahoma, Penn sylvania, Washington and Wyoming have backed this decision. The New Jersey court not only said the state Constitution affords residents greater rights to pri vacy than the U.S. Constitution, it fired a broad- Phone records show that Barry called drug sources By RICHARD KEIL Associated Press Writer WASHINGTON, D.C. More than 2,000 calls were placed from Marion Barry's car phone over a four-year span to homes or businesses of friends who have admitted or been accused of drug involvement with him, a police detec tive testified yesterday at the mayor's drug and perjury trial. The list covered calls, beginning in early 1986, to 10 people who have testi fied or been accused in other wit nesses' testimony of supplying drugs to Barry, using drugs with him and see ing him use them, District of Columbia Detective James Pawlik said. His testimony came as prosecutors neared an end to their month-long case in which they have portrayed the mayor as a regular drug user who lied to cover up illegal narcotics activity. R. Kenneth Mundy, Barry's attorney, has promised "lots of surprises" from the dozen defense witnesses he plans to call. On cross-examination, Mundy attempted to put the calls into context by getting Pawlik to testify that Barry made at least 20,000 car telephone calls Her measure would make it easier for compa nies to win cases in which the negative impact of employment practices fell in heavier than average measure on minority groups. It would allow courts to award up to $lOO,OOO to victims of job bias but deny them the right to seek punitive damages in a jury trial. "This is not the civil rights bill that our coun try needs," Kennedy said. Civil rights leader Jesse L. Jackson met with Majority Leader George Mitchell, D-Maine, Tuesday morning and told reporters afterward that Bush was wrong in calling the measure "a quota bill." "'Quota' is a very loaded term . . . that does not inspire hope in anybody, and so just as we appealed to him to stop using Willie Horton as a loaded race signal in the campaign, we urge him not to use quotas as a loaded race signal in the civil rights debate," Jackson said. 414otoo levistilts , 16% 4 A side at the reasoning behind the federal ruling "There is a difference between a homeless per son scavenging for food and clothes, and an officer of the state scrutinizing the contents of a garbage bag for incriminating materials," New Jersey's justices said. "A free and civilized society" would not allow police to "pick and poke their way through . . the vestiges of a person's most private affairs." The ruling came in response to two cases where police had seized drug paraphernalia and traces of illegal drugs from defendants' trash. The ruling upheld one lower court decision that barred evi dence found in garbage, and ordered a new trial for a man who had been convicted with evidence found in his trash. during the period for which the records were examined. Pawlik also testified that the records do not make clear that it was Barry who actually placed the calls, or, in cases when calls were placed to a business, whether Barry was speaking to wit nesses who have testified against him. The detective said the records did not include local calls made from Barry's home. And there were also four months in 1986 for which the telephone company could not produce records for Barry's car telephone, the detective testified. Pawlik told the court that Barry made 358 calls to former model Rashee da Moore, 573 to former girlfriend Theresa Southerland, and 508 to another woman, Bettye Smith. Southerland has testified that she used drugs repeatedly with Barry, and Smith, who described the mayor as "a close personal friend," made similar statements in court Tuesday. The telephone records also show that Barry made 243 calls to restaurateur Hassan Mohammadi and 148 calls to local attorney Lloyd Moore. Mohamma di has testified that he and Barry used cocaine, marijuana and opium together. Thursday, July 19, 1990 Here are the major provisions of the civil rights bill under debate on the Senate floor. The bill: ■ Prohibits harassing, firing or otherwise discriminating against employees because of their race ■ Requires employers to justify employment practices whose negative impact falls dispropor tionately on minority groups by proving in court that they are based on business necessity. ■ Bars lawsuits challenging court-approved, fair-employment agreements except in a few unusual instances. ■ Makes illegal any reliance on prejudice in making employment•decisions. ■ Grants all victims of intentional discrim ination the right to sue for compensatory dam ages and, in the most serious cases, punitive damages. ■ Eases the way for court challenges to dis criminatory seniority plans. ::: 0„,.. ..• ........ 4 . ::.,..;,;-:-.. to.. iir. .. 4 Court rules inmate must be force-fed By RICH KIRKPATRICK Associated Press Writer HARRISBURG Common wealth Court yesterday continued its preliminary order that killer Joseph Kallinger can be force-fed to prevent him from starving him self to death. After a hearing, in which Kal linger instructed two attorneys to argue both sides of the right-to-die issue, Judge Dan Pellegrini gave attorneys until next Tuesday to prepare written arguments. Ka'linger, who last year declared himself a born-again Christian, has said he has seen God in a toilet and the Holy Spirit told him it was time to die. He began a hunger strike June 22 at Farview State Hospital. Kallinger, a Philadelphia shoe maker convicted in 1976 in New Jersey for killing a nurse as part of a bizarre crime spree there and in Pennsylvania, has been serving his sentence in Pennsylvania and has been shuttled between Hunt ingdon state prison and Farview in Wayne County. Philadelphia attorney David Ferleger, who represents Kalling er in a federal lawsuit demanding that he be kept at Farview, said Kallinger told him Friday to argue that the state must legally keep him alive against his wishes. But Kallinger's court-appointed attorney, Jeffrey Wander of Hon esdale, Wayne County, said yes terday he had talked to Kaffinger Tuesday and Kallinger wants the right to starve himself to death. "Joe told me to do everything I can to see that he was not force fed or medicated," Wander said before yesterday's hearing.
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