The Greenville News from Greenville, South Carolina on March 15, 1988 · 5
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The Greenville News from Greenville, South Carolina · 5

Greenville, South Carolina
Issue Date:
Tuesday, March 15, 1988
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vThf dTrnuulle Nous Tuesday, March 15, 1988 3C Professor testifies By Matt Schwartz Newt coastal bureau CHARLESTON An Ohio education professor testified Monday that Charleston County schools are segregated as the final week of the seven-year-old desegregation case began in U.S. District Court. "The schools are racially segregated," William Gordon of Wright State University near Dayton said about an hour into the session. He said he based his statements U.S. appeals court to hear Catawba case ROCK HILL (AP) The case of the Catawba Indians' claim to 225 square miles in three South Carolina counties will be heard April 6 in the 4th U.S. Circuit Court of Appeals in Richmond, Va., officials say. The Catawbas claim in a lawsuit filed in 1980 that they own 144,000 acres in York, Chester and Lancaster counties as the result of an 1840 treaty that authorized the sale of the land but was never ratified by Congress. The oral arguments are expected to lead to an appeals court ruling on whether the state's statute of limitations for filing a claim had expired in the case. "Whoever loses is not going to stop (at the appellate court)," said Emil Wald, an attorney for the city of Rock Hill and C&S Bank, both named as defendants in the case. He said the case is likely to be appealed to the U.S. Supreme Court. The statute of limitations allows only 10 years for a claim to be made. Lawyers for landowners argue that the 10 years began with the Catawba Termination Act of 1959. In the termination act, the Catawbas gave up federal recognition as a tribe. The appeals court could rule the Catawbas waited too long after selling their land to file the lawsuit or that the statute of limitations has not expired, Wald said. The court also could rule somewhere in between, Wald said. "It's not entirely black and white,' the attorney said. The U.S. Supreme Court ruled in 1986 that the case does not fall under federal law, and the basic question remaining was whether the state's statute of limitations on filing lawsuits had expired. The Supreme Court sent the case back to the appeals court, which in 1987 sent it back to the state Supreme Court for a ruling on the statute of limitations question. The state Supreme Court refused in September to answer the question and sent the case back to the appeals court. "In our opinion, the record is such that the issues cannot be decided on summary judgment," then-Chief Justice Julius "Bubba" Ness wrote. The Treaty of Pine Hill in 1760 was the first of three treaties with the Catawbas that are at issue in the lawsuit. Lawyers .Continued from Page 1C election to the post. Vieth, who was an assistant solicitor for seven years, said he expects to announce by the end of the month whether he will run. Filing for the solicitor's post does not officially open until April 16. Filing closes at the end of April. James Cheek, also a Spartanburg attorney, said he will run a second campaign for the Democratic nomination to House District 31, currently held by Tee Ferguson. Ferguson said he will run for reelection to the post. Cheek, an attorney for 10 years in Spartanburg, said he believes education, housing and economic development will be issues in the campaign. Cheek ran unsuccessfully in 1986 against Ferguson for the nomination. Ferguson has served as state representative since 1982. Cheek said he believes the community is now "looking for substance and not merely form." "His (Ferguson's) refusal to work with the housing committee for meaningful change will be evaluated by the people of the district," Cheek said. "His comments about the city, but his failure to work with any existing organizations such as the Progressive Men's Club and NAACP for change indicate a lack of sincerity." Ferguson said he would not respond "to gossip" but will let the voters evaluate the issues. "I'm going to run for re-election and I am running to win," he said. "It's not an appointed position. It is an elected position and it will be up to the voters to decide." on attendance patterns, racial composition of schools, supertin-dents' reports, school studies and depositions of other witnesses. Attorneys for the plaintiff-inter-veners, the NAACP Legal Defense and Education Fund Inc., said they would wrap up their case by Thursday. The defense will not present its case before May, court officials have said. Defense attorneys, however, objected numerous times Monday, Going back Teacher Sondra Heitzel, left, comforts Gordon Engel, center, and Anthony Dean, right, as they react to movement by a triceratops, one of six dinosaur replicas on display at the Charleston museum. The figures' moves are produced pneumatically and controlled by computers. Recorded roars and hisses are synchronized with movements of the dinosaurs' mouths. Magazine: Alexander likely Bush running mate The Associated Press Presidential hopeful George Bush's top choice as a running mate is former Tennessee Gov. Lamar Alexander, and South Carolina Gov. Carroll Campbell is a less likely choice, a national news magazine says. U.S. News & World Report quotes unidentified sources in advance copies of its March 21 edition as saying Bush would likely pick Alexander as his vice presidential running mate if a Southerner is placed on the Democratic ticket. The magazine said Alexander interests Bush because the former governor is known for emphasizing jobs and education. Alexander recently was appointed president of the University of Tennessee. The magazine said less likely running mates for Bush were former Transportation Secretary Elizabeth Dole, New Jersey Gov. Tom Kean, former presidential candidate Jack Kemp, and Carroll Campbell. The Wall Street Journal reported Monday that Alexander also was considered briefly as a possible running mate for another Republican presidential candidate, Bob Dole. Before rw BMMMMften Greenville 1901 Laurens Rd., Unite 271-0762 Ye Olde Towne Shoo Dei Charleston schools are segregated complaining of hearsay and speculation and questioning the use of testimony connected to exhibits not in evidence. Blatt declined to rule on several objections to exhibits, saying defense attorneys could object singly when the items were introduced. At one point, the judge warned Legal Defense Fund attorney Thomas Henderson against bringing up conditions at black schools before a 1951 consolidation effort in time STATE Court rules cities can annex marshland COLUMBIA The state Supreme Court ruled unanimously Monday that cities can annex marshland as part of other annexation moves. The high court, in a ruling involving five separate annexation cases, reversed a Charleston Circuit Court opinion that held that marshlands and other water areas did not constitute "contiguous" boundaries. Property to be annexed must have such contiguous boundaries before being eligible for annexation. Fake IDs prompt ABC crackdown SPARTANBURG (AP) Authorities are cracking down on the manufacturing of false identification cards around the Upstate, authorities say. The problem is so widespread in Spartanburg County, the South Carolina Alcoholic Beverage Con Fast 3-7 lbs. per week Medical Supervision One to One Support Free Stabilization Free Maintenance Computer Analysis Measure of Body Fat Our program benefits men and women New Vita-Pak Least expensive weight loss program! -ONE WEEK ONLY 30 Off 1st VISIT I Expires 3-18-88 Easley 409 E. 1st Avenue 855-3004 AMERICAN ; MEDICAL .WEIGHT ASSOCIATION by the Charleston county schools. "It was a terrible condition that existed in 1949 for ... black students," he said. "But it has nothing to do with this case." The case stems from a 1967 state law that consolidated eight local school districts into the Charleston County School District. The U.S. Justice Department, which filed the case in 1981, and the Legal Defense Fund, which represents eight local families, contend the district if r : UNITED PRESS INTERNATIONAL trol Commission plans a "saturation effort" there soon, said commission Chief of Enforcement Joe Dorton. Most of the cards are intended to allow underage people to buy alcoholic beverages, said Capt. John Blackwood of the Spartanburg County Sheriff's Department. There's no doubt cthjout it, Eastern's OnePass is guaranteed to be the fastest way to earn free travel to exciting places such as Hawaii, the Caribbean, Europe, Mexico, or South America. You can earn triple miles throughout 1988, if you fly by March 31st. Wo matter how you pay for your ticket. No if s, and's, or but's. Ve've even put retained the boundaries of constituent districts that were set up to keep black and white students segregated. . "The constituent districts that exist today are the same districts that existed all along," Gordon testified. "Where you have only one-third of the district (that) is racially mixed, I would conclude the district is segregated." The constituent districts, Gordon said, serve as attendance bounda Clemson researchers head to woods to study acid rain Staff, wire reports CLEMSON Clemson University researchers have headed for the woods about two miles from campus to begin their research on the effects of acid rain and other air pollutants on pine trees. Clemson is one of five Southeast universities participating in the project, which is funded by the Environmental Protection Agency. The school already has received a $750,000 grant and expects to get a continuation grant of $300,000 soon, said Davis McGregor, a Clemson forestry professor. Clemson is focusing its study on shortleaf pines as is Texas A&M. Duke and Auburn universities are studying loblolly pines, and the University of Florida is studying the slash pine, he said. Most of Clemson's money has been spent building 24 beehive-like chambers on Clemson's experimental forest two miles from cam Bakkers It's been almost a year since Bakker gave up his ministry at PTL, south of Charlotte, admitting he had sex with Jessica Hahn and that money had been promised to keep her silent. It's been a difficult, emotional year for the Bakkers, but Sunday, they were full of the characteristic passion that had won them thousands of followers at PTL. Tammy Bakker spoke first. "Some people will ask, 'What have you learned in this last year that you could share?' The thing that I have learned the most is that when everything is gone and what you worked 25 years to build has crum-bled at your feet, God doesn't ML Eastern's OnePassSM Gives You TViple Miles No Matter How You Pay for Your Ticket. Just Fly By March 31. BOX 4365, HOUSTON, TX 77210-4365. gram details and a OnePass application call your Travel Agent or 1-800-EASTERN. EASTER IV! We've Got YourTicket. ries. They should have been set up on the basis of building capacity, school programs and as a move to-. ward desegregation. The plaintiffs argue that more than 45 percent of the county's black students attend schools that are 90 percent black. Monday's session wound up with Gordon discussing a 1946 district study and plan that would have achieved a better racial balance if it had been implemented. pus. In each circular 15-foot-wide chamber, rows of short-leaf pine seedlings have been planted. A special rain machine will mix acid with pure water and funnel the mixture to the chambers. Researchers hope to discover what effects this simulated acid rain has on the seedlings. Acid rain is suspected of killing and slowing the growth of trees in several parts of the country and posing a threat to the nation's $38.5 billion forest products industry. Foresty in South Carolina alone is a $3.5 billion business, and the state's largest cash crop, according to McGregor. "A reduction in growth like we've been seeing means a lot of dollars lost from South Carolina," he said. Acid rain is caused when sulfur dioxide and nitrogen oxides in the air mix with rain. Continued from Page 1C change." Jim Bakker preached about friendship. He joked. He laughed. He gesticulated with his arms. He jabbed with his forefinger. His church was a tiny wooden building with a terra cotta roof, the altar a folding metal table. At the end of 30 minutes, Jim Bakker grinned and hugged members of the congregation. "I've always said over the years if 1 could give you a gift, the most important gift would be a good friend," Bakker said. "That's besides Jesus." He quoted again and again from the Bible about the value of a good friend and God's commandment to love one's enemies. it in writing. For your copy of the guarantee, write to: ONEPASS SERVICE CENTER, P.O. For pro i'H K'ltiH.'rn Air Lui'-m, Inc.

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