Says University denies due process
Traffic fine procedures
illegal, claims attorney
By KATHY KUCERA
Of the Emerald
The procedures now employed to collect fines for
University parking tickets are illegal and deny
due process, according to Eugene Atty. Edward
Fadeley.
No notice of time and place for a hearing to
question a ticket denies due process and constitu
tional rights, Fadeley said Thursday. The present
setup for collection of fiines assumes the ticketed
person is guilty of a violation of University traffic
rules, he said.
The burden of proof is left to the person who
received the ticket, not the University, in the Uni
versity’s role of issuing tickets for traffic law vio
lations, he said.
A legal opinion by Fadeley was requested by
Bill Muir, a University student.
“In effect, this (present Oregon law enacted by
the 1969 legislature) says any person given a
ticket has violated a parking regulation unless
he does something about it,” said Fadeley.
He said that under the method now used, which
was authorized by the assistant attorney general
assigned to the State Board of Higher Education,
appeal procedures assume the conviction of a per
son for an offense, even though no guilt has been
established by the University.
He cited the wording used on the ticket forms
and compared the procedures used by city and
state governments. The tickets issued by the Uni
versity traffic department contain the following:
“It appears you have violated traffic regulations as
checked below: Appeals must be filed within 10
days from date.” Below the regulation spaces is,
“Present ticket with payment to University of Ore
Senate urges vote
against Haynsworth
By ART BUSHNELL
Of the Emerald
The ASUO Senate urged Oregon’s two U.S. Senators to vote against
the confirmation of Clement Haynsworth in a resolution passed Thurs
day night.
In a meeting which saw two major debates resolved by referring
bills back to committees for reconsideration, the student legislative
body welcomed new senators with a demonstration of the manipulative
abilities of parliamentary processes.
The Senate’s resolution asking for both Robert Packwood and Mark
Hatfield to vote against Haynsworth’s confirmation cited a need “to
withstand political pressures and threats, and to reaffirm the moral
responsibilities of their office.”
The statement made further reference to the need for integrity in
the judiciary, the precedent-setting decision reached in the Abe For
tas appointment and the need to reflect the will of the people of the
state of Oregon in asking for the negative votes.
The feelings of the Senate were to be made known to both of Ore
gon’s Senators by ASUO Senate President Bob Winger, who flew to
Washington, D.C. after the Senate meeting.
In its other decisions, the Senate approved the appointments of
senators newly elected to ASUO committees and heard an executive
report on the potential budgetary delict which the ASUO now faces.
But the most important decisions were the referals back to commit
tee.
Two bills, one setting up the guidelines for an ASUO Legal Affairs
Committee and the other calling for the acceptance of membership
in the recently formed Interinstitutional Union of Students of the
Oregon State System of Higher Education (IUSOSSHE) were sent to
committees for discussion.
IUSOSSHE is the proposed student lobbying body which was cre
ated at a meeting of the state’s student leaders last month.
The IUSOSSHE bill had asked for the Senate to accept membership
in the union and to accept the union’s constitution.
However, several Senators argued that the ASUO should have the
say in accepting membership in the union and in determining how
they were to be represented in the IUSOSSHE delegate assembly.
In order for a general election to be planned and for adequate
student discussion to take place on the proposed union membership,
the matter was sent to committee for discussion.
If membership in the union is approved, the group would provide a
student lobbying group for the state’s students in both the state’s
legislative bodies and the State Board of Higher Education.
The outline of the duties of the legal affairs committee was referred
to committee for the second straight senate meeting.
The proposed committee was set up to co-ordinate the efforts of the
ASUO with their attorney. The central discussion in referring the bill
to committee was whether the senate president and the ASUO presi
dent should be given sole power to act as agents with the attorney (as
provided for in the proposed bill) or the entire committee should
meet with the lawyer and discuss legal matters.
Agnew attacks media
as opinion monopolies
MONTGOMERY, Ala. (A>)—Vice
President Spiro T. Agnew, assert
ing there is “growing monopoli
zation of the voices of public opin
ion,” aimed particular criticisms
Thursday night at the New York
Times and the Washington Post.
In a followup speech to one
last week in which he hit at the
news programming of the televi
sion networks, Agnew said the
day is over when the news me
dia “enjoyed a form of diplo
matic immunity from comment
and criticism of what they said.”
In remarks prepared for the
Montgomery Chamber of Com -
merce, the Vice-president assert
ed, “Just as a politician’s words
—wise and foolish—are dutifully
recorded by the press and tele
vision to be thrown up to him at
the appropriate time, so their
words should likewise be record
ed and likewise recalled.”
Arguing that many of the crit
ics of his attacks on the net -
works ignored the main thrust of
his remarks, Agnew elaborated
Friday, November 21, 1969
on what he said is his principal
point:
“When they (the news media)
go beyond fair comment and crit
icism they will be called upon to
defend their statements and their
positions just as we must defend
ours. And when their criticism
becomes excessive or unjust, we
shall invite them down from
their ivory towers to enjoy the
rough and tumble of the public
debate.”
The Vice-President said, “I do
not seek to intimidate the press,
the networks or anyone else from
speaking out. But the time for
blind acceptance of their opinions
is past. And the time for naive be
lief in their neutrality is gone.”
The Vice-President, stating that,
"I am opposed to censorship of
television or the press in any
form.” argued that “a broader
spectrum of national opinion
should be represented among the
commentators of the network
news” and a high wall of separa
tion built between news and com.
mentary.
gon casnier, emerald Hall, with
in ten days.”
He contrasted this to City of
Eugene tickets which specify a
time and date for a court appear
ance with the option to waive that
right, and provide for payment of
bail, not a fine.
Fadeley said the University
could adjust the regulations to
make them more fair “if they
want to,” and “provide for practi
cal due process.”
Muir has asserted the two ap
peal procedures now used by the
University assume the ticketed
person is guilty and must prove
his innocence.
Student protests of traffic tick
ets are handled by the student
traffic court and the University
appeals officer reviews faculty and
staff appeals.
Muir’s interest in this aspect
of the parking regulations stem
med from a letter he received in
tended for faculty and staff mem
bers notifying him the fine for a
traffic ticket he received would be
deducted from his paycheck if no
payment is received in 10 days.
The notice was an error, but the
fine could be deducted from his
paycheck if he were a faculty or
staff member and not a student
as well. Student ticket fines are
now ductible from student gen
eral deposits.
Muir said he plans to wait for
University response for about 30
days before possibly initiating a
class action suit against the Uni
versity.
Fadeley mentioned that the Ore
gon law quoted in the form letter
mailed to faculty and staff for un
paid tickets by the Business Office
has been repealed and is prob
ably a typographical error. The
authority of the State Board to
collect fines through the Univer
sity is found in ORS 352.360 (2).
THE
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