Money can’t buy love,
but it can buy time
See Friday Edition
Oregon Daily
Emerald
Friday, December 13, 1985
Eugene, Oregon
Volume 87, Number 67
OIC makes 'major concessions’ in brief
By Mary I.ichtenwalner and Gary Jimenez
Of Um Kmarald
The Oregon Investment Council recently pulled
an unexpected move in the ongoing South African
divestment lawsuit with the ASIJO. filing a legal brief
that indicates the council is “giving up” on a number
of points, said ASIJO President Lynn Pinckney on
Thursday.
The OIC conceded that the State Board of Higher
Education should control its own endowment funds
and dropped any mention that divestment is an un
constitutional intrusion of state government into
foreign relations. Also, the OIC! no longer claims the
state's prudent investment rule prohibits considera
tion of moral and social factors in making investments.
lawyers for the OIC still contend that students do
not have the right to sue. and they continue to claim
that divestiture violates the prudent Investor rule.
“These are major concessions by the OIC," said
attorney James Campbell, who is handling the litiga
tion for the ASUO.
Campbell said he received the brief Wednesday
but was surprised by its content.
"The OIC had urged all five (points) but they just
abandoned three of them." he said.
The brief presents the OIC’s response to the
ASUO's appeal of the original court decision.
The ASUO filed its suit in 1978 asking that the
OIC divest of all State Board of Higher Education in
vestments in South Africa. Lane County Circuit Court
Judge George Woodrich ruled against the plaintiffs last
December, saying that divestment would violate the
state's prudent investment rule.
The rule requires that all state officers invest state
funds in the most stable manner providing the highest
return.
Throughout the 1984 trial Campbell tried to prove
that divestment is not a violation of this investment
principle.
Pinckney said she is encouraged by the OlC's
move. "What it means is there are fewer things to
prove." she said.
Richard Wasserman. assistant Attorney General,
refused to comment when questioned about the
reasoning in excluding the claims.
“Litigation strategy is confidential. I’m in control
of it; nobody will talk about it," he said.
The Attorney General's office, the legal counsel
for the OIC, contends the ASUO does not have legal
standing to bring the suit. In the original suit, the
court ruled that the ASUO does have standing.
The Attorney General’s rationale is that a com
plaint cannot be filed unless there is injury to a pro
tected interest. Wasserman said. The ASUO has not
suffered injury, he said.
Wasserman, who works for the appelate division
of the AG’s office, drafted the brief.
“If we prevail on this point, the case is over,”
Wasserman said.
The only other point on which the OIC can win
the case is if it proves divestiture will lead to adverse
financial effects.
Wasserman said the state's defense of the OIC
does not suggest apartheid is morally right or wrong.
Continued on Page 3A
Two students battle to ‘save’ neighborhood
By Julie Freeman
Of ihr Kmor tld
They are not out to save the world. just a small
piece of It known as Eugene's West University
neighborhood.
Stephen Chrisman and Paul Sturt/., two University
students, have mounted a campaign to stop the destruc
tion of various shops and restaurants that stand in the
way of new hospital parking lots.
But according to Sturtz, this is not just a simple
David vs Goliath story, with Sacred Heart General
Hospital playing the role of the giant, destined to be
defeated by one. or in this case two, unlikely
opponents.
Since the summer of 1984, a great deal of local at
tention has been directed at Sacred Heart’s plans to in
crease the parking spaces available for its employees
and patients. The plan would include the destruction of
buildings that Sturt/, and Chrisman say provide the area
with its unique character.
Included in the list of targeted buildings are the
Mayflower Theatre, Tom’s Tea House, the Peking Man
darin Restaurant and The Courtyard, a small cluster of
shops and restaurants on 13th Avenue that provides
space for Poppi's restaurant and Lenny's Nosh Bar
Sacred Heart owns The Courtyard and the 11th
Avenue property and recently purchased the Peking
Mandarin Restaurant lot. The hospital also bought out
the remaining 14 months of Tom's Tea House
restaurant's lease and has made dear that it does not in
tend to extend the leases of the courtyard businesses,
which expire at the end of March 1988.
Currently only Poppi's restaurant has a lease that
extends past that date. The Mayflower building was
r
purchased by the hospital last year.
“I don’t think people realize that with those
businesses near the Mayflower Theatre, on that strip of
11th Avenue, and the courtyard gone, what we're going
to have is just this Disneyland Mainstreet. U S A . and
nothing else.” Sturtz says. “We are not going to have a
West University Neighborhood anymore.”
‘This is not a two-man fight by any
means. I know that we are not the
only two people worried about
this, ’
— Paul Sturtz
Chrisinan. a fourth-year architecture student, says
he believes there are other ways for Sacred Heart to ex
pand its parking without knocking down buildings.
Hut he says that Sacred Heart first needs to be more
concerned about its role in the West University
neighborhood, which extends from 18th Avenue to
11th Avenue on one side and from Kincaid Street to
Willamette Street on the other.
“They (the hospital) are a very important part of
the neighborhood. And they are a part of it. They are
not just an island unto themselves," Chrisman says.
"They have to work with the neighborhood.”
"As architect you learn that you have to respond to
what’s there (in the area) and how to work with it.”
Continued on Page 3A
Stephen Chrisman and Paul Sturtz
1
DC-8 crashes in Newfoundland, killing 258
GANDFK. Newfoundland (AP) — A
IK:-H charter full of U S. soldiers return
ing from the Middle Kant crashed and
exploded Thursday near Gander Inter
national Airport, killing all 258 aboard
and scattering gifts and weapons across
snow covered woods.
Families and friends learned of the
disaster as they assembled for a brass
band welcome at the headquarters of
the 101st Airborne Division at Fori
Campbell. Ky.
Cause of the 0:45 a m. (5:15 a m.
F.ST) crash remained under investiga
tion. but the White Mouse said
preliminary reports showed no indica
tion of sabotage or an in-flight explo
sion in history's eighth-worst aviation
disaster.
The charred cockpit voice and flight
recorders were recovered and will be
taken to Ottawa for analysis, said Peter
Hoag of the Canadian Aviation Safety
Hoard, who was directing the
investigation.
The charter flight operated bv Arrow
Air of Miami carried members of the
101 st Airborne who were being rotated
home after six months service in the
multi-national peacekeeping force in
Egypt's Sinai peninsula
Military authorities said it might take
a day or two to notify all the next-of-kin.
as as long as a week to postively iden
tify remains
CBC television showed debris
smoldering in the snow beneath tall
evergreens in sparse, hilly woods where
the plane went down about a half-mile
from the runway near Gander Lake.
Airport manager John Pitman said the
aircraft carried 101.000 pounds of fuel
on takeoff.
Canadian Transport Minister Don
Ma/.ankowski'said the plane climbed no
higher than 1,000 feet before crashing.
Transport Canada spokesman Bruce
Reid, returning from a helicopter tour
over the site, said there was no sugges
tion that the plane exploded in flight.
“Where it came down, it obviously
exploded on impact. Everything in the
area is charred.” he said.
Children’s clothing — apparently in
tended as gifts — and pieces of gray
fuselage were strewn across the ground
at the north end of Gander Lake.
At Fort Campbell, base commander
Maj. Gen. Burton Patrick told a news
conference an Army team would help
transfer remains from Newfoundland to
Dover Air Force Base in Delaware,
where identification of the bodies could
take up to a week.
In Washington. White House
spokesman Larry Speakes said initial
reports indicate “no evidence of
sabotage” or an explosion in flight.