ourt says etarded dult can be tri'ed, o7r murdler LANSING, Mich. (UPI) - The ichigan Court of Appeals ruled yesterday that a young man with the mentality of a child could still be held criminally responsible for murder. The decision affirmed Russel Lee Ash's Detroit conviction for second- degree murder. DtFENSE attorneys argued that Ash- who was only 16 at the time of the slaying, should not have been tried as an adult. They cited a juvenile judge's com- exits that Ash's overall intellectual functioning was equivalent to that of a 10-year-old and that his reasoning skills and ability to understand cause and ef- feet were those of a 6-year-old. The attorneys cited a court ruling, which found that children of seven are presumed to be incapable of cimmitting a crime. "WE DO NOT believe that the uvnile court judge's finding regar- *ng defendant's reasoning skills man- dates a finding that defendant here could not be found criminally respon- sible," the court said. The court said the defense argument about Ash's mental age "has no ap- plication to the present case. "We believe such rules could only be applied when the child at issue is chronologically six or seven-year-old," the court said. "A physically mature yet mildly etarded 16-year-old cannot be equated to a chronological 6- or 7-year-old child for purposes of a presumption against criminality. We find no error in the juvenile judge's waiver of jurisdiction over defendant." The court also rejected arguments thata Detroit judge, in convicting Ash, ignored evidence of insanity. "Although the testimony indicated- that defendant's personality was characterized by impulsivity and ependence and that he was easily led, there was no testimony that defendant was incapable of controlling his im- pulse to commit a criminal act," the court said. 1 The Michigan Daily - Saturday, March 24, 1984 - Page 11 Snoking dangerous after only two years LONDON (AP) - Within just two years of taking up the habit, teen-agers who smoke cigarettes appear "con- siderably less healthy" than those who don't smoke, British doctors said yesterday. Reporting in the British Medical Journal, doctors at London's Charing Cross Hospital Medical School said their research "shows that the health of school children may be impaired by regular smoking." THE DOCTORS reported: "Taking up smoking was clearly associated with the early onset of cough, production of phlegm and shortness of breath on exertion. "After two years of smoking more than a few cigarettes a day, the children who smoked appeared con- siderably less healthy than their non- smoking peers and showed some evidence of early obstruction of the airways," the article said. Dr. Lewis Adams, a lecturer in physiology, and his fellow researchers studied the smoking habits of 405 students at two schools in the London borough of Hounslow between 1975 and 1979. THE STUDENTS, who were 13 when the study began, filled out yearly questionaires and underwent annual lung-function tests. The smokers were compared with an equal number, of non-smokers of the same age. By the end of the study, there were 187 regular smokers, those who smoked more than one cigarette a day. Among the 54 students who had been regular smokers for two years, 27 reported persistent coughing, 24 said they were short of breath after such exertion as walking up a slight hill, and 31 reported the production of phlegm in their throats. AMONG 54 non-smokers, 13 reported coughing, seven reported shortness of breath and three said they produced phlegm. The researchers said the lung- function tests disclosed a "significantly poorer function of the small airways" among smokers aftertwo years. The doctors added: "The degree of impairment shown in the lung-function tests was so small that if the results were taken individually, they would not be considered abnormal." BUT ADAMS said in an interview tha the incidence of lung impairment was "significantly higher" among smokers as a group. "What we can say is that when teen- agers start smoking, they cough more; they produce more phlegm and they get out of breath more quickly," he said. AP Photo Pool ponderers These preschool children in Lansing look a little nervous as they wait their turn to dive into the water during a YWCA class in water safety. Official: housing not enou gh for homeless fr F WASHINGTON (AP) - Secretary of Housing and Urban Development Samuel Pierce said yesterday that he thinks homeless people who have serious mental problems may be beyond the kind of help housing agen- cies can give. "There are a lot of them who really, if you gave them a home, they wouldn't, stay there. They're street people. They want tQ be out on the street. And there's nothing you can do about it," Pierece said. NO ONE knows how many homeless people there are in the country, but he estimates the range as high as 3 million. Estimates of how many of them may need psychiatric help range from a quarter to a third. In January, President Reagan ex- pressed a similar frustration with the problem. 'What we'have found in this country, and maybe we're more aware of it now, is one problem that we've had even in the best of times, and that is the people who are sleepinig on the. grates, the homeless who are homeless, you might say, by choice," the president said. REAGAN PUT part of the blame on "changes made in committing people with mental problems to institutions and they've suddenly been turned out, willing to go. They want out, but they have no place to go." Pierce told news agency interviewers that a department study nearing com- pletion is designed to define the problem. Then, he said, the department can decide "what can we do and how do we approach it." FTC: Firms must substantiate ads WASHINGTON (UPI) - Federal Trade Commission qhairman James Miller yesterday reaffirmed the agency rctice of requiring companies to have proof in hand before malking any advertising boasts about their products. But his proposed policy statement defined for the first time instances in which the FTC, in reviwing complaints against advertisers, copld consider evidence developed after a con- tested advertising claim was made. THE FTC HAS considered such evidence in the past but there was no policy saying when such material could be reviewed by commissioners. FTC Commissioner Michael Pertschuk, who has accused Miller of inadequately enforcing consumer protection laws, tlled the statement an admission that Miller's earlier Wegervations about the principle of prior substantiation were unfounded. "Miller spent three years running up the hill and down again," Pertschuk said through a spokesman. "The question now is how will the policy be applied." PERTSCHUK headed the FTC under President Carter. The FTC adopted the advertising prior substantiation rule in 1972. The rule states that an advertiser must have, a "reasonable basis for the claim" and evidence in hand to prove it. Miller outlined the policy statement in a speech to a group of businessmen. "ADVERTISERS must have a reasonable basis for objec- tive claims before they are disseminated," he said. But Miller proposed specific circumstances under which the FTC, in deciding a case brought against an advertiser, could consider evidence developed after a claim was adver- tised. They include: * When evaluating the truth of an ad. * When deciding whether there is a public interest in proceeding against the firm. " When deciding the appropriate scope of an order. * When determining whether an advertiser was reasonable in relying on prior substantiation he did have. Linguistics may lose departnet status (Continued from Page 1) vision would not have a harmful ef- fect. Changing the department into a program would be a !valid way to reorganize, said Linguistics Prof. Rob- bins Burling. "(The change) certainly would not be the, end of linguistics," said Burling who also teaches anthropology. Other schools such as Princeton University have a linguistics program instead of a department, added Prof. Thomas Markey. "I'm not shocked or anything...it might not be such a bad thing," Markey said. If the revision goes into effect, faculty members would probably not lose their jobs, but they would teach linguistics through other LSA departments, said Linguistics Prof. John Catford. "I don't think (a change) would have a tremendous effect," he said. According to Jack Meiland, LSA dean for long-range planning, most faculty members who teach in University programs also hold appointments in a department. .Miterrand says arm control talks to resume (Continued from Page 1) exchange of French and American ar- tists also is likely. The senior U.S. official, who briefed reporters on condition that he not be identified, said the two leaders "agreed nQ concessions should be made to bring the Soviets back" to the arms control talks on the grounds it would be "not PUT THE official said they also agreed "on the need for intensified Exist-West dialogue" as well as the necessity of "maintaining the West's deterrent strength." The official said the American view is that "the Soviet leadership is going thirough a period of introspection and is attempting to divert attention from its udwillingness or inability to engage us in'negotiating for genuine nuclear arms reductions." deaths of Leonid Brezhnev and Yuri Andropov.. "We also believe the Soviet Union should not be allowed to escape respon- sibility for intransigence in the effort to achieve substantially lower levels of nuclear weapons by a smokescreen of propagandistic proposals in other areas," he said. LS&A I HOUSING DIVISION Fail, 1984 - Winter, 1985 Graduate Student Teaching Assistantships RESIDENT ADVISOR POSITIONS in the Pilot Program - Alice Lloyd Hall