Banner Graphic, Volume 18, Number 215, Greencastle, Putnam County, 18 May 1988 — Page 2

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THE BANNERGRAPHIC May 18.1988

nation

Appeals Court upholds state’s obscenity law

INDIANAPOLIS (AP) The Court of Appeals has turned aside criticism of Indiana’s obscenity statute and upheld the conviction of a former clerk at a Clay County adult bookstore. In a unanimous decision Tuesday, the court affirmed the conviction of Victoria F. Van Sant of Terre Haute for distribution or exhibition of obscene matter. She was sentenced in June 1987 to one year of probation and fined SI,OOO. ACCORDING TO COURT records, Van Sant was arrested after Clay County sheriff’s deputies purchased sexually explicit magazines at the Bookarama store near the intersection of Interstate 70 and Ind. 59 south of Brazil. On appeal, Van Sant’s attorneys claimed Indiana’s obscenity statue was too vague and broad. The statute is so lacking in definitions it is conceivable a medical textbook could be declared obscene, Van Sant’s attorneys argued. The court rejected those assertions, noting that Indiana’s law closely follows definitions set out in the U.S. Supreme Court’s 1973 obscenity decision, which set criteria for determining if material is obscene and thus not protected by the First Amendment. The high court said material must violate community standards and lack literary, artistic or scientific merit in order to be judged obscene. “AN EXAMINATION OF the whole of Indiana’s obscenity statute reveals that the overbreadth Van Sant hypothesizes is non-existent,” Chief Judge Wesley W. Ratliff Jr. wrote for the court. The statute “clearly limits the - scope of materials that can be found to be obscene and prohibits

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convictions unless all the standards set forth (by the Supreme Court) are met,” Ratliff wrote. In other action Tuesday, the Tax Court ruled a Minnesota-based publisher of legal reference materials doesn’t have to pay Indiana’s income tax. The court ordered a refund of $96,451 plus interest to West Publishing Co. of St Paul, Minn. The amount represents adjusted gross income taxes paid by West for the period from 1971-1980. AFTER PAYING A lump sum to cover the taxes, interest and penalties in November 1984, West started its protest of the assessment. The Indiana Department of Revenue later refunded $10,339 in penalties that had been assessed but refused to return the rest of the money. Special Judge Stanley Miller, a Court of Appeals judge who wrote the tax court ruling, said West shouldn’t have been charged Indiana taxes because the company’s main offices and production facilities were out of state. WEST WAS represented in Indiana only by sales representatives and, with few exceptions, they limited their activities to soliciting business, Miller said. Miller said federal law is clear in prohibiting “net income taxation of businesses whose sole activity in the state is solicitation of sales.” The revenue department had argued that West’s representatives went beyond solicitation when they accepted deposit checks from customers and engaged in collection work on past-due accounts. Miller concluded those chores were performed infrequently and only to clear the way for more sales.

More errors found in ISTEP scoring; second and third grade scores found to be wrong

INDIANAPOLIS (AP) The State Department of Education says computer errors in competency test results for two additional grade levels have delayed school districts’ efforts to evaluate their students’

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Financial statements indicate jump in Lugar, Burton honoraria earnings

INDIANAPOLIS (AP) Rep. Dan Burton, R-Ind., quadrupled his earnings from speeches and news articles last year, and Sen. Richard G. Lugar, R-Ind., earned an extra SIO,OOO from his speeches. According to financial statements released Tuesday Burton earned $18,970 from 14 speeches and two articles written for news organizations. He made $4,690 from speaking engagements in 1986. Lugar picked up $72,285 in honoraria from speeches, articles and radio commentaries in 1987, compared with $62,200 the previous year. THREE OTHER MEMBERS of Indiana’s congressional delegation also provided early copies Tuesday of the annual financial statements required of top government officials. Senate statements do not have to be released until Friday, while House statements are not due for release until May 25. Sen. Dan Quayle, R-Ind., received a 30-day extension on his financial statement Legislators are not required to

Congress ponders bill to outlaw lie detectors for prospective employees

WASHINGTON (AP) House and Senate negotiators unanimously approved a compromise bill today that would ban most lie detector tests for private employees and job applicants, clearing the way for swift final passage by Congress. Sen. Orrin Hatch of Utah, ranking Republican on the Labor and Human Resources Committee, said he would urge President Reagan to sign the bill, which he said is endorsed by Labor Secretary Ann McLaughlin and supported by the business community. Rep. Pat Williams, D-Mont., predicted early House approval of the bipartisan measure, which he said would “stop the explosion, the

performance. But state education officials also said Tuesday that all problems have now been found and are being corrected by the California company contracted to score the test first given in March. MISSING AND inaccurate results for the Indiana Statewide Testing for Educational Progress, known as ISTEP, were reported last week when all of the first-grade results were found to be based on inaccurate national norms. Computer programming errors also have created incorrect data for some of the second -and thirdgrade results, the education agency confirmed Tuesday. CTB McGraw-Hill Co. of Monterey, Calif., is rerunning ail of the results for those two grades. Rick Peters, ISTEP program manager for

DPU profs’ pay is rated second among small colleges; Notre Dame tops list

SOUTH BEND, Ind. (AP) Professors at the University of Notre Dame arc paid an average of $60,700 a year, tops in Indiana and more than $5,000 above the average for professors at Purdue University, a survey shows. Wabash College pays full professors $46,900 a year, the highest among the state’s small colleges. ALTHOUGH PURDUE AND Indiana University ranked second and third for pay to top-ranked

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SEN. RICHARD LUGAR Assets worth $832,000 show exact amounts of worth in the statements. They may elect to state values within a specified range. Of the five Hoosier congressmen who released their statements, Lugar and Rep. Andrew Jacobs Jr., DInd., provided exact amounts. Lugar and his wife, Charlene, listed assets of $832,089 and liabilities of $231,679.

epidemic of lie detector tests used against employees and prospective employees.” WILLIAMS AND OTHER House negotiators accepted without dissent a Senate amendment that would allow private employers to administer carefully controlled lie detector tests as part of a theft investigation within a company. The conditions for such tests are that the employee had access to the stolen property, that the employer had a “reasonable suspicion” that the worker was involved and that the employer details the incident and the reasons for his suspicions in a written statement. Senate negotiators accepted a

the state, said the company has promised districts will receive the corrected results by Monday. “OBVIOUSLY, WE ARE saddened that they didn’t perform on the first go-round as well as we had hoped,” Peters said of the company. “Right now, we’re in a position to safely say we’ve isolated all the problems and found solutions to them.” ISTEP, mandated under a state education reform package passed in 1987, was given to about 488,500 students in Grades 1,2, 3,6, 8, 9 and 11. Students, except those in Grades 9 and 11, have to attend summer remedial classes if they score in the bottom 16 percent nationally and below state cutoffs levels. Those who again fail the test after summer school are likely to be held back a

teachers, their equally ranked counterparts on branch campus earn substantially less. The average pay for full professors at Indiana State University was lowest among the state’s major schools, averaging $40,300, and pay at Oakland City College was lowest of the small schools, averaging $21,300. NOTRE DAME WAS highest in all ranks of tenured faculty among the Indiana institutions surveyed. Associate professors at

THE COUPLE’S LARGEST assets were their $362,000 home in Fairfax, Va., and $137,600 worth of stock in the family-owned Lugar Farms, a 617-acre operation in Decatur Township. The Lugars’ statement also reports $28,900 worth of stock in the family-held Thomas L. Green & Co. of Indianapolis, a 93-year-old manufacturer of baking machinery, and various holdings in other stocks, mutual funds and Individual Retirement Accounts. The couple’s largest debt listed was the $151,100 mortgage on their home in suburban Washington, D.C. The Lugars said they donated $39,183 to charity. Burton reported total income from interest, dividends and capital gains ranging from $4,200 to $14,500. His assets of stocks, securities and real estate was valued at $232,000 to $630,000. He reported no liabilities. THE CONGRESSMAN’S 48acre residence in Oaklandon, valued at SIOO,OOO to $250,000, was his largest asset He reported S2BB in gifts for participating in the

House provision allowing employers to give polygraph tests to security guards and employees handling certain controlled drugs, as long as strict standards are met and the results are not the sole basis for adverse action against an employee. Sen. Edward M. Kennedy, DMass., chairman of the Labor and Human Resources panel, said the bill would effectively prohibit as much as 85 percent of lie detector tests currently administered by private employers. THE BILL WOULD NOT cover federal, state or local government employees or private

year, unless local school officials believe they qualify for waivers. THE LATE RESULTS are making it difficult for districts to know which students have to attend summer school. This had delayed plans for hiring summer teachers and arranging bus routes. Summer school starts in most districts in early June. Some district testing directors and the president of the Indiana State Teachers Association expressed frustration Tuesday over the problems. “The problems that we have found, in terms of the numbers of them and the severity of some of them, are extremely troublesome,” said Richard Frisbie, Indianapolis Public Schools’ director of

Notre Dame earn an average of $42,400, and assistant professors make $35,800, the survey showed. Indiana University ranked second among the major schools, paying professors $51,700 at the Bloomington campus. Professors at IU Northwest in Gary make $45,400; at South Bend, $39,500; at IU Southeast in New Albany, $39,000; and at Kokomo, $37,200. Professors were not listed at IU East in Richmond; associate professors there make $30,500. Purdue professors earn $55,100 at West Lafayette; $41,900 at the Calumet campus in Hammond; $38,200 at the North Central campus in Westville. PROFESSORS AT Indiana

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Kemper Open Charity Golf Tournament last June. U.S. senators and representatives drew a salary of $89,500 in 1987. Jacobs listed no liabilities and reported earning $31,074 in interest from savings accounts and bonds. He also listed a bottom-line net worth of $610,329, with the largest single asset being a $104,500 certificate of deposit Rep. Philip R. Sharp, D-Ind., listed assets of $26,000 to $85,000 and liabilities of $5,000 to $15,000. He said he earned $2,200 from two speaking engagements and one news article, but gave the honoraria to local charities. Rep. James P. Jontz, D-Ind., listed as the only earnings other than his congressional salary less than SI,OOO in interest on a personal savings account. The sth District Democrat listed an account containing savings of $5,000 to $15,000 and said he had no liabilities. He reported $1,250 in earnings from five speaking engagements, then distributed the money to charity or to a scholarship fund established for students in his district.

contraciors involved in government intelligence or national security work. According to a summary of the bill, it is intended to “eliminate the denial of employment opportunities by prohibiting the least accurate yet most widely used lie detector tests pre-employment and random examinations and providing standards for a safeguards from abuse during tests not prohibited.” Williams said the House, which approved its original bill last Nov. 4, was expected to pass the compromise soon, followed by the Senate, which had approved its version of the measure on March 3.

research, testing and evaluation. He also said some district testing directors believed the test standards should be re-evaluated because of the low number of students who failed the test BUT DAMON P. MOORE, president of the Indiana State Teachers Association, later voiced a different concern. Indiana teachers have not heard any praise for doing a good job in instructing students, he said. Instead, Moore said, they are hearing the test was too easy or they must have “taught the test.” “Teachers are incensed by this,” he said. Some districts' have released results, including some that are inaccurate, to parents.

University-Purdue University in Indianapolis earn $47,000, and those at the lU-PU campus in Fort Wayne average $40,800. Ball State University professors make $40,800. < University of Evansville professors average $34,800; University of Indianapolis, $36,200; University of Southern Indiana, $38,200; Rose-Hulman Institute of Technology, $44,800. DePauw University ranked second among the small colleges with an average annual salary of $42,400. Among the other small colleges, Earlham College professors make $39,600; Goshen Col-; lege averages $27,200; Hanover College, $41,100.