a publication of UNIVERSITY of the CUMBERLANDS
September 2014 • Volume 5, Issue 3
®
Rufus M. Friday
Friday joined the Lexington Herald-Leader and Kentucky.com
media company in June 2011 as the seventh president and
publisher in its history. He is a twenty-nine year newspaper
veteran who is quite active in the newspaper industry.
The following is an adaptation from the commencement address
presented at University of the Cumberlands on May 10, 2014 by
Rufus M. Friday.
Inspirational Principles
It is an honor to be asked to be part of your
special day. I am honored to address graduates
of the University of the Cumberlands as you take
your first steps on your next great adventure.
I feel at ease among you, at this school. I am
comfortable with its policies and am an admirer
of its guiding principles. Those principles are
why I feel that I fit in here, even though I am not
a graduate of the University of the Cumberlands.
I’d like to talk a bit about principles today and
why those principles are inspirational to me and
will be to you going forward from today. Allow
me to begin with a little story. It starts with a man
named Lorenzo. And a woman named Ruby.
Lorenzo was born in November 1922. He was
the third child in a family of four. To say that life
wasn’t easy for Lorenzo is perhaps a cliché. It’s
certainly an understatement.
He was born into the strictures and restrictions
of the Old South, with all that entailed. His
opportunities for education were very limited,
and the demands for him to work were starkly
real.
Lorenzo loved school but was only able to
finish the 8th grade before he began working odd
jobs, including cooking in a restaurant when he
was fourteen. A few years later, Lorenzo took a
break from odd jobs and “upped” his age in order
to enlist in the Army during World War II.
When Lorenzo returned after the war, the only
reliable work available to him was in the textile
cotton mills of the Carolinas. He would labor
here for the rest of his life.
Ruby also had a tough hand dealt to her. The
youngest child of 10, Ruby dreamed of being a
teacher. She speaks even today of how she’d have
loved to teach children.
Ruby had to leave school in the 5th grade,
when her mother became gravely ill. She began
work as a domestic, which she did for 25 years.
Finally, like Lorenzo, she, too, took a job in the
textile mill where the pay was better.
Lorenzo and Ruby fell in love and married.
Together, they worked hard in the mills and in the
homes of others, through the Great Depression
and war. They worked to do the best they could
with the restrictions and laws that limited their
opportunities. Together, Lorenzo and Ruby
raised nine children in a three-bedroom house
that was literally on the wrong side of the tracks.
Lorenzo and Ruby knew that they could never
dream of leaving their work at the mills. They
knew that they could never dream of having a
fancy house. They knew there were forces that
would make the simple dreams they had for
themselves as children impossible. They knew
that what they dreamed of most was to have an
education. And they knew that dream could never
be fulfilled in the time, place, and circumstances
in which they were born.
But Lorenzo and Ruby had a big dream for
their nine children. They dreamed that their
children would never have a career working in the
mills. And they dreamed that each and every one
of their nine children would go to college.
Lorenzo and Ruby didn’t have any role models
for this. It’s not as though there was a template.
What they did have was each other, and, most
importantly, they had a strong faith. Lorenzo and
Ruby set an uncharted path together, and faith
was their foundation.
They had faith that this dream was the best
gift they could give to their children. They had
faith that through hard work they would set an
example for those children. They had faith that
together they could chart a path that could change
the future for generations to come. Lorenzo and
Ruby had a dream that someday their children
would do things no one else could dream for
them.
All nine of their children did go to college.
All nine of Lorenzo and Ruby’s children got
the education they couldn’t even dream of for
themselves. Lorenzo and Ruby’s nine children
include: an owner of a catering business; two who
work in the grocery business; two school teachers;
a district manager for a Fortune 500 company; a
government employee for a large city in North
Carolina; and a beautician.
I’m sure you have guessed that I am one of
Lorenzo and Ruby’s nine children. Through their
faith, their hard work, their sacrifices, and their
dream, I stand here today with you.
Lorenzo and Ruby’s family has multiplied, with
eight grandchildren and five great-grandchildren.
When Lorenzo died in 1998, he and his sweet
Ruby had been married over 40 years.
I spoke earlier about admiring the principles
of the University of the Cumberlands for those
principles are inspirational to me. When I think
of those principles, I think of my parents. I think
of their sacrifice. And I think of their faith.
By most accounts, my parents, Lorenzo and
Ruby, didn’t have anything. They had no money.
They had no education. They had no power and
no influence. They faced many obstacles. They
faced laws and people and cultures that worked
against them.
But my parents, Lorenzo and Ruby, also had
no hate. They had no bitterness. They had no
desire to mourn what couldn’t be theirs.
2
Rufus Friday speaking at graduation
“Every morning my faith is restored when I
see the clean cut, mannerly, hard working,
mountain students walk with purpose,
with head held high, body erect and with
pleasant smiles on their faces.”
President Jim Taylor
Lorenzo and Ruby, you see, had something
you can’t put a price on and it was the one thing
that sustained them both. Lorenzo and Ruby had
principles. They believed in kindness. And in
gratitude. They believed in hard work. And in
mercy. They believed in love. And in sacrifice.
They believed in service. And in dreams.
They believed that nothing in this life would
be handed to you. They believed in each other.
And in their children. And they believed that
their faith in their Lord would see them through
all the heartache and challenges that were surely
in store for them.
Lorenzo and Ruby, you see, lived by these
principles. They raised their nine children with
these principles. They set a foundation for the
simple dream they had for all of us on these
principles.
These are principles I see reflected in the faces
in this sea of hope and anticipation before me
today. They are the principles that make me feel at
home with you, though we may have all traveled
very different paths. These are principles that
have helped guide all of you to the place that you
are today, ready to go into the world and make a
difference.
These are principles that will be tested,
questioned, and challenged. Your beliefs will be
tested, questioned, and challenged. How you
will rise to those challenges will be based on the
foundation you have built here at the University
of the Cumberlands.
For 125 years students have been coming
here to build their foundations for their futures
on principles. They have come here for the
higher education that would open their minds
to the greater world around them. And for the
expansion of the inner world of values and
character they brought with them from their own
homes.
Cumberland College came into being the same
year that four states were added to the Union –
Washington, Montana, North Dakota and South
Dakota. Across the Atlantic, the Eiffel Tower was
completed and opened in Paris. That year, your
school, along with a scattering of others nearby,
came about because of people who had a dream,
if not much money. They saw a need and were
determined to fill it. They knew this was a place
that was isolated and without much in the way of
personal material resources. But they had what
mattered more, character and principles.
What would later become the University of
the Cumberlands was founded on this principle:
“to provide a first-class education at affordable
rates.” Even today, your school works to design
its programs to reflect the latest best practices,
innovations and advancements, while staying
true to its founding principles.
There is, as all of you know, something extra,
something that makes each of you especially wellequipped to deal with going forth on firm footing.
I am speaking, of course, about the “Student
2014 UC Graduation
Leadership Program” in which each student enters
into a kind of contract with the University to fulfill even the wildest of dreams. They set that
engage in service programs and accept leadership dream and put me on that path; their direction
positions whenever they can. Records are kept and support helped guide me. Their dreams
and transcripts are made available in perpetuity and their principles were the foundation for the
for them and future employers to examine. Their playbook by which I was able to chart an overall
volunteer service history, then, is as much a part of winning record through my adult life.
their permanent record as their academic history.
My point in bringing this up is to convey to
This service contract
you this message. Although
Editor
requires extra effort to be
you see a newspaper publisher
Eric L. Wake, Ph.D.
fulfilled, but its rewards are
standing before you, I came
great. You will in your lives
from very much the same
Contributing editorS
be not just leaders, but good
kind of place many of you did
Al Pilant, Ph.D.
leaders. World history is full
and from the same kinds of
Oline Carmical, Ph.D.
of leaders who were not good
circumstances. I believe that
leaders. I prefer to call them
the emphasis on characterAdvisory Committee
Bruce Hicks, Ph.D.
tyrants. University of the
building that is so much a
Oline Carmical, Ph.D.
Cumberlands graduates shall
part of UC will serve you, and
succeed, and not succeed just
your country, well in the years
Graphics Editor
any way they can.
ahead.
Cassidy Pinkston
The school deserves credit
You will have challenges
for this. But not all of it. A
and
sorrows ahead of you. But
Production Manager
big share goes to your parents,
the
foundation
has been laid
Jennifer Wake-Floyd
your instructors, and to you,
here, and your most helpful
yourselves. You should have
playbook is something with
Staff Assistant
confidence
because
you
which you are very familiar.
Fay Partin
come from the places and
This playbook of yours consists
Copyright ©2014
the families that you do and
of sixty-six books and answers
UNIVERSITY of the CUMBERLANDS
because you have earned
to the toughest questions or
degrees from this school.
situations that may arise in
The opinions expressed in
Now I told you earlier that
your life ahead.
UC Morning in America® are not
necessarily the views of
I admire your school. I told
Seek the Lord’s guidance,
UNIVERSITY of the CUMBERLANDS
you I respect its fidelity to its
but lead with humility.
principles.
As you go forth from today,
Permission to reprint in whole or
I also told you that I
I offer to share the guidance of
in part is hereby granted, provided
the following credit line is used:
identify with this school,
my parents. I ask you to think
“Reprinted by permission from
although I did not attend UC
of a man named Lorenzo. And
UC Morning in America®, a publication
and that I feel, in a way, at
a woman named Ruby. They
of UNIVERSITY of the CUMBERLANDS.”
home here.
taught their nine children
My inspiration comes from
lessons each remembers to this
the upbringing that I’ve shared
day: to be kind, to work hard,
with you; from the parents who
to love one another, to serve,
taught me that where there
to dream big, and to have faith.
was faith and a willingness to
Most of all: to never let go of
work, there would be a way to
your principles.
3
The Fifth Amendment: Rights of Accused Persons
Part One
By: Oline Carmical, Jr., Ph.D.
This article is the first in a two-part survey
of the Fifth Amendment to the Federal
Constitution. The longest in words (108) of the
ten Amendments comprising the Bill of Rights,
the Fifth Amendment addresses five individual
rights, mostly of accused persons. Part one of
this survey describes the right to federal grand
jury indictment in civilian trials; protection
from double jeopardy; and proscription against
self-incrimination. The other two rights of
the Amendment, due process of law in civil
and criminal judicial proceedings and a ban
against taking private property for public use
without fair payment, will be essayed in part
two, covered in the next issue of Morning in
America.
Grand Jury Rights in Non-Military Trials
No person shall be held to answer for a
capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand
Jury, except in cases arising in the land or
naval forces, or in the Militia, where in actual
service in time of War or public danger, …
4
The grand jury provision is the sole right
among five guaranteed by the Fifth Amendment
not yet incorporated (applied to states, as well
as the federal government) under the due
process clause of the Fourteenth Amendment
(ratified in 1868) by the United States’ Supreme
Court in the twentieth century. In fact, most
states use other means to indict individuals in
civilian criminal courts. At the federal level,
however, no one may be brought to answer
for any serious crime before a trial jury in a
non-military court without having first been
indicted by a grand jury.
The grand jury was not always an instrument
for criminal indictment. The earliest expression
of the grand jury in medieval England
consisted of prominent citizens convened to
report offenses perpetrated in their vicinities.
By 1368, when King Edward III appointed
twenty-four men in each English county to
bring charges against alleged offenders, the
grand jury had assumed its modern accusatory
role. Only in the seventeenth century, under
the early Stuart rulers did parliamentary and
judicial opponents of arbitrary monarchical
rule and capricious prosecutions empower
the grand jury in its indictment functions to
protect individual rights.
English settlers of the seventeenth century
later carried their home country’s laws to
colonies established around the world. In
particular, English North American colonists
used the grand jury to resist aggressive
prosecutions, notably in the famed John Peter
Zenger defamation case of 1735 in New York.
After thirteen of the North American colonies
won independence as the United States in
1783, the grand jury continued as a bulwark
against prosecutorial arbitrariness. The United
States, after adopting the Federal Constitution
of 1787, added ten proposed amendments as
a Bill of Rights in 1791. In the fifth of these
Amendments, the first guaranteed right was
grand jury indictment as prerequisite for
anyone to be prosecuted before a petit, or trial,
jury of one’s peers.
As fixed in the Fifth Amendment,
indictment by grand jury is required in all
federal criminal civilian prosecutions. In most
states’ criminal proceedings, however, the
prosecution submits information to a judge
in which the former claims sufficient evidence
to bring a defendant to trial before a petit jury.
If that judge agrees, a public preliminary
hearing is held. After prosecution and defense
present their cases, the judge determines if the
defendant will be tried.
In the federal court system and in a minority
of states, the grand jury, meeting in secret with
prosecution, decides whether there is sufficient
evidence to indict any person charged. The
federal grand jury consists of sixteen to twenty
three individuals, randomly chosen from the
adult populace of the jurisdiction. Of these,
twelve votes are required for indictment. The
Federal Jury Selection Act of 1968 requires
that grand jurors be citizens, able to read and
write English, mentally sound, and meet age
and residence requirements. In modern times,
grand jurors are chosen without regard to
race, religion, color, national origins, gender,
or economic status. Their term of service is
typically three to eight months, subject to
extension.
Once impanelled, the federal grand jury has
enormous authority. In Wood v. Georgia (1958),
the United States’ Supreme Court concluded
that the grand jury is “… a primary security
to the innocent against hasty, malicious and
oppressive persecution; it serves the invaluable
function in our society of standing between
accuser and accused…” Accordingly, the High
Court has consistently affirmed the grand
jury’s vast powers, such as: requiring possible
defendants or witnesses to appear, testify
under oath, and produce documents, without
protections afforded before trial courts; and
denying those summoned immunity or the right
to confront adversaries, access to legal counsel
in the grand jury room, or other privileges
afforded at the trial jury level. Pertinent among
Supreme Court decisions affirming the grand
jury’s plethora of prerogatives are: United
States v. Proctor & Gamble Company (1958),
Branzburg v. Hayes (1972), In re Horowitz
(1973), United States v. Calandra (1974), United
States v. Madujano, (1976), United States v.
Wong (1977), and Douglas Oil Company of
California v. Petrol Stops Northwest (1979).
No Double Jeopardy
…nor shall any person be subject for the
same offense to be twice put in jeopardy of
life or limb;….
If a trial jury (or a trial judge, should
defendant elect to waive right to jury trial)
acquits an accused person, that person may not
again be indicted or tried for the same alleged
crime. Without this right, a prosecutor might
indefinitely continue to charge a defendant
until the latter is convicted.
Immunity from double jeopardy, like the
grand jury right, has a long history, longer even
United States Supreme Court
than that of all other rights protected by the Fifth
Amendment. Examples of protections against
double jeopardy are abundant in ancient Greek
and Roman rules and practices. Transferred to
the American colonies through pre-American
Revolution precedents in England and then
to early American independent states and the
Bill of Rights, the admonition against double
jeopardy in the Fifth Amendment originally
applied only to the United States’ federal
government and courts. Only in 1969 did the
Supreme Court incorporate the right in state
courts as well in Benton v. Maryland.
At any level of government, however, the
right not to be tried more than once for the
same offense is limited. A person freed after
a criminal proceeding, such as O.J. Simpson,
following the famous murder trial in 1995,
may be subject to a civil suit based on evidence
presented in the criminal trial, regardless of its
outcome. One may also be re-tried if a jury
fails to arrive at a verdict or because of mistrial.
A re-trial is also possible after appeal of a jury
verdict by defense or prosecution. Moreover,
a defendant may face charges resulting from
matters exposed in the previous trial. Finally,
one exonerated of a charge at one level of
jurisdiction (violence or murder in a state
court, for example) may also be re-tried for
said act(s) in another legal sphere (example,
federal court for civil rights’ violation), when
the alleged offense violates differing statutes.
5
No Self Incrimination
…nor shall be compelled in any criminal
case to be a witness against himself…,
Even before the United States’ Supreme
Court required its incorporation for state
courts in Mallory v. Hogan (1964), this
clause was the most famous part of the Fifth
Amendment. Consumers of fictional and nonfictional publications and dramatizations had
long referenced “taking the Fifth” as the right
to avoid testifying against one’s self. Notorious
common expressions included utterances by
alleged Communists before Congressional
bodies in the 1940s and 1950s and supposed
criminals answering charges or questions by
law enforcement in the 1950s and later.
Two years after Mallory, the right against
self-incrimination was even more celebrated
and enlarged by the United States’ Supreme
Court in the most heralded of all cases
involving rights of the accused: Miranda v.
Arizona (1966). With Miranda, the High Court
applied the right against self-incrimination
from the point of arrest to the conclusion of
the judicial process. Subjecting the maxim
“innocent until proven guilty” to its widest
application, Chief Justice Earl Warren placed
all burdens on law enforcement in ruling on
behalf of the 5-4 majority: a criminal defendant
must be: made totally aware of his rights at the
earliest stage of arrest; informed of his rights to
remain silent; told that anything he says may be
employed against him in judicial proceedings;
clearly alerted before any questioning, that he
has a right to a lawyer and, if he has no attorney,
informed that one will be supplied to him,
also before any questions; made aware that he
can end questioning at any time he chooses;
and told that any statement he makes before
his rights are read to him cannot be admitted
toward prosecution.
The Miranda decision was and is the
ultimate affirmation by the highest judicial
body of the United States against forced selfincrimination. The Court’s conclusions were
initially and subsequently met both with some
concurrence and much opposition from law
enforcement, public, and press. Nonetheless,
with few exceptions, the findings in Miranda
have held. Even “subtle coercions” were
judicially banned in Brewster v. Williams (1977).
A majority among High Court jurists did allow
for a “public safety” exemption (locating a
loaded weapon) in New York v. Quarles (1984).
6
Additionally, the Court determined in Illinois
v. Perkins (1990) that involuntary confession
obtained through police or prosecutorial
deception, rather than coercion, was allowable.
The top jurists also permitted “erroneously
obtained evidence” as potentially harmless in
Arizona v. Fulminate (1991), 5-4, with Chief
Justice William Rehnquist writing for the
majority. In Dickerson v. United States (2000),
however, Rehnquist also voiced the Court’s
majority in turning back a Congressional
attempt to overturn Miranda, ruling that its
principles had become integral parts of the
American legal fabric.
Choose
Cumberlands
Chartered in 1888, University of
the Cumberlands is an institution
of regional distinction providing an
educational experience for the people
of the Appalachian area and beyond.
We offer four undergraduate
degrees in more than 40 major
fields of study, including ten preprofessional programs. We also
offer advanced degrees in the
areas of business administration,
Christian studies, clinical psychology,
educational leadership, information
systems security, physician assistant
studies, and professional counseling,
as well as certification programs in
education. Many of our graduate
courses are taught online.
Do you know of someone who
would benefit from an educational
opportunity where learning and
volunteerism go hand-in-hand? And
at a university where each student
completes a community service
requirement prior to graduation?
If so, please visit our website at
www.ucumberlands.edu. You
may also contact our Director of
Admissions, Erica Harris, at
800-343-1609 or email her at
[email protected]. She
will be happy to provide you with
information and an application for
admission. We look forward to the
opportunity to serve you.
Giving Wisely
CHARITABLE GIFT ANNUITY
An estate plan may be the single most important act of stewardship you will undertake. There are,
however, many tax-advantaged giving opportunities that can be accomplished quite simply outside
of an individual’s estate plan.
In assessing these opportunities, it is important to note that there are essentially two ways to give. You
can make your gift outright, in which the charity receives the full benefit right away. Alternatively,
you can utilize charitable tools to structure the gift so that it benefits a charity, and also benefits you
or others (typically in the form of lifetime income payments). This type of gift is called a split interest
gift, and is commonly achieved in the form of a charitable gift annuity. The charitable gift annuity is
often referred to as a life income gift.
Charitable gift annuities (CGA) are split interest gifts that provide one or two people with fixed
income for life, and afterwards benefit charity.
•
•
•
•
•
Many seniors utilize gift annuities for retirement purposes as it provides secure lifetime
payments at attractive rates.
When you fund a gift annuity, you can take the charitable deduction in the year you make
the gift for a portion of the amount funded.
A portion of the payments you receive each year may also be exempt from certain income
taxes.
You can even reduce your capital gains tax by using long-term appreciated securities to
make your gift.
Your gift annuity can also help provide for others while creating a charitable donation to
Cumberlands. You may request a two-life annuity and provide lifetime fixed payments not
only for yourself, but for your spouse, child or other loved one.
Age
Yearly
Rate
Annuity
Payment*
65
4.7%
$470
70
5.1%
510
75
5.8%
580
80
6.8%
680
85
7.8%
780
90
9.0%
900
*based on gift annuity of $10,000
7
6191 College Station Drive • Williamsburg, Kentucky 40769
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U.S. POSTAGE
PAID
LOUISVILLE, KY
PERMIT #879
A Brighter Holiday
Many families in Eastern Kentucky live in
dire poverty, and they must forego
many items taken for granted
by those more fortunate.
The holiday season is one of
the busiest and most exciting
times of the year for many,
and yet, for others, it is a cold,
stressful, or even sad time.
In preparation for the holidays,
our students and other
volunteers have spent several
weeks preparing the Mountain
Outreach warehouse for the
needy families in our area.
We have been operating
the warehouse for over 30
years and have helped thousands
of families by providing food, clothing,
shoes, and household items.
Annually, Mountain Outreach
also hosts Children’s Gift Day
where parents who cannot
afford to purchase toys for their
children can select two toys for
each child for the holiday.
We are working hard to raise
money to purchase food
vouchers and new toys for these
families who are all very thankful for
the items they receive and
grateful for the helping hand.
The need is great, but the
funds are low. Your kindness,
generosity, and compassion
can make all the difference.
Will you help?