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AY, APRIL 9, 1959

NIGHT EDITOR: ROBERT JUNKER

There's No Room for Politics
On University Governing Boards

rERY SO OFTEN, there is a revival of pro-
posals to "departisanize" certain offices now
d by elected officials.
he aftermath of a spring election in which
h Republicans and Democrats consider the
ilts of contests for the state's education
itions as a sign of victory should serve to
only revive, but also start active steps
ards implementation of the proposals.
,DER THE PRESENT state constitution,
judges, the superintendent of public in-
Lction and members of the governing bodies
he state's universities, are selected by popu-
election.
udges are nominated at the party conven-
Is and run on a non-partisan basis. The
Ze approach might be applied to the educa-
i posts, including the selection of Regents
a are nominated at the same political con-
tions but unlike ,the judicial candidates,
on a partisan ticket.
cducation, like justice, should not be seen in
niocratic or Republican terms. To put politi-
connotations on how the state's schools
i Universities are to be rune dangerously
lermines the very concept that education is
the benefit of the entire state and its citi-
s. The dangers of subverting thl educational
tem to the domination of one party or group
y not actually be a "real and present"
eat in the United States. But this part
ns from the very determination to keep
ools free from the slightest trace of partisan
tude. Just as there is no such thing as a
e' pregnancy, there is no such thing as a
te partisanship in matters of education.
ce It becomes a concern and party affilia-
i influences attitudes in something as vital
education, the people of the state lose
the expense of temporary party victories.
NFORTUNATELY, worries expressed pub-
licly by one newly elected member of the
rd, to the effect that other members might
controlled by some other partisan group,
ces into the open what observers have been
nking privately: that the best thing for the
versity of Michigan and the people of the

state is not always the thing that is foremost
in the considerations and discussions of those
elected to guide it.
And to claim that the record shows that one
political party deserves credit for a great
University is, at the least, conveniently over-
looking the pages written by legislators of the
same party who in past years have "held the
line" on appropriations and in providing the
University with sufficient financial support.
Already the effects of partisanship have been
visible in East Lansing. The Democratic ma-
jority on the Michigan State University gov-
erning board passed a resolution supporting
tht income tax measure proposed by Gov.
Williams. As they entered the politically
charged arena, they were promptly criticized
by Republican members of the Legislature.
Wayne State University has also had its
troubles. The unsuccessful maneuvering to
bring Wayne under the auspices of the Uni-
versity's Regents has been attributed to a
desire to prevent Democrats from dominating
the newcomer to the group of state universities.
MINIMIZATION of partisanship could come
through several ways, including complete
removal of board members and judges from the
classification of elected officials. Some form of
appointment system may be justified in that
the . areas of concern, especially for judges,
require special. technical competence rather
than mere vote-winning appeal.
/ But at least with the administration of edu-
cation, if not the more technical field of law,
there is considerable merit in having election
by the people. The very experience of cam-
paigning itself provides an opportunity for
discovering the areas of public concern and'
interest, or lack of it,
Unfortunately, under the current system of
campaigns and with the present danger of
more than a little partisan preoccupation, the
interests of the state as a whole can be easily
overlooked. Election of the state's educational
posts on a non-partisan basis is well worth con-
sidering among the many needed changes in
,Michigan's constitution.
--MICHAEL KRAFT
Editorial Director

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Berlin Future
Rests with UN
By WALTER LIPPMANN
PR THE INDEFINITE future the two German states cannot be re-
united in one German state with its capital in Berlin. There will
be the German Federal Republic of the West with its capital at Bonn.
And there will be the German Democratic Republic of the East with
its capital at Pankow, a part of East Berlin. These two German states
now deal with one another in many economic matters. Thus, for ex-
ample, for some considerable time West German traffic to West Berlin
has been controlled by the East German government. With the assent
of Bonn it exercises the right not only to stamp the identification
papers but actually to inspect the cargos.
There is every reason to suppose that there will be an increasing
intercourse and commu'nication between the two German states. But

4

I

And It's Coming Soon

ES, VIRGINIA, there is integration. Despite
the state's stubborn insistence that it will
nmon every "legal, honorable and peaceful
ans" in continuing to restrict racial integra-
n in public schools there will be integration.
story will undoubtedly record it.. if history
ts that long.
Virginia attorney general Alvertis S. Harri-
n said recently that his state "has no idea of
untarily surrendering one single right that
s not-elegated to the federal government."
[t's an unfortunate attitude. Virginia is will-
g, apparently, to voluntarily surrender every
gle right of its darker citizens. One wonders

what these die-hard segregationalists see for
the future. Do they really think society, even'
Southern society, will continue to class its
citizens on the basis of skin color?
The administration recently expressed hope
that "it will never be necessary again to have
to use armed forces" to require the integration
of public schools.
Certainly that is the hope of the great ma-
jority of American people. The world is watch-
ing, Virginia, another Little Rock would be
another splotch on the now 50-star-spangled
banner.
-RALPH LANGER

CAPITAL COMMENTARY:
Dual Jeopac
By WILLI
WASHINGTON - The power of suits of the Supreme.
of the prosecution to take tion:
away a man s liberty may now be Federal prosecutors'
incalculably broadened - now or and more able to ov
in some foreseeable tomorrow. verdicts of state juries
This seems to be the human al civil rights cases. L
meaning of the Supreme Court's say, acquit an accusedl
recent six to three decision that Federal government m
the state and Federal courts may and have another go
try the same man for the same It might well be tha
offense. Deeply sophisticated le- cases this would best
gal questions, it is true, are bound mediate and obvious-
up in the ruling. And it is not it is at least conce
wholly new, though, to inexpert sometimes the verdi'ct
eyes the precedents seem to be a bama jury will be aJ
bit thin and complicated. " . s
Most people had thought that MANY, however, w
if the Bill of Rights guaranteed this opportunity for d
anything, it guaranteed that, tion particularly man
speaking generally, a person could liberals who believe
not twice be put in jeopardy for justification that mu
one crime. The court has said, South intends to nul
much more explicitly than ever civil rights sanctions.
before and over a much larger But they may find
area of human affairs, that this blade has two edges.
is not necessarily so. Federal government ca
* * _ * aabove state juries in A
EVEN THE top prosecutor of state government can
them all, Attorney General Wil- Federal government's
ham P. Rogers, obviously thinks a labor case.
new situation has been created. It is well known tha
With highly decent instinct, he is generally less than
has warned the various Federal find that criminal act
district attorneys they must not
suppose they can now have a field 1
day. He will not permit the Fed- Fy
eral government to go into court Fadi1L
against a man already acquitted THE DAILY Edit
in a state court "unless the rea- like to thank th
sons are compelling." What is who have already an
"compelling?" This Rogers must letter concerning "T
decide, case by case. sity Senior." We w
This correspondent is no lawyer. mind those who ha
But the constitution is every- swered the letter th
body's business; in this field per- still time, althoug
haps any layman can look at the rapidly approaching
most learned legal king. A lay- line. We hope forn
man, therefore, can confidently answers.
predict the following practical re-

rdy Hazardous
[AM S. WHITE

Court's ac-
will be more
verturn the
S in crimii-
et Alabama,
person. The
may step in
at him.
at in certain
t serve im-
justice. But
eivable that
of the Ala-
just verdict.
will applaud
ual prosecu-
ny pro-labor
with some
uch of the
lify Federal
d that this
For if the
an intervene
labama, any
go over the
head in a
at the South
anxious to
ts have been
Note
Lors would
ose faculty
nswered the
'he Univer-
ish to re- ,
ye not an-'
at there is
h we are
our dead-
many more

committed in civil rights. But it
is no less well known that many
states, in North and South, are
far less sympathetic to labor than
is the Federal government. Thus
a Federal court may acquit an ac-
cused labor racketeer, for example,
only to have a state court then
move in and convict him.
But, most of all, there is this:
One of our national stereotypes is
expressed in endless complaints
about "the law's loopholes." This
correspondent repeats that he
claims no kind of legal expertness.
He does, claim, however, to know
a tort from a tortoni sweet. And
in earlier life he had long ex-
perience in watching criminal jus-
tice where it works with and
against individuals.
* * *
THIS WAS in the police courts,
the criminal courts, and, in all
those quasi-legal machines, like
Congressional committees, which
can be arrayed in all their ter-
rible power against individual
man.
The totally non-legal but at
least long-considered .conclusion
from that experience is this: What
are called "the w's loopholes" are
usually the perfctly proper Con-
stitutional protections of a de-
fendant. Far from being too nu-
merous, these "loopholes" are far
too few. This slogan about "loop-
holes" is mostly used by good and
learned people who often have not
been in the sweaty pit of reality
where shivering human beings
are involved.
The Supreme Court must always
be obeyed, in all its decisions, if
the Constitution itself is to sur-
vive. But this is no reason to turn
away from the probable conse-
quences of this latest of its de-
cisions.

they do not recognize each other
as legal and legitimate sovereign
states.
We must, therefore, accept the
fact that for years to come-it
might be for a generation or more
-these two German states will
have to live side by side with a
frontier on the line fixed by the
armistice which ended World War
II. From the frontier of East Ger-
many to the city of Berlin is a
distance of 110 miles. The basic
problem is how to protect the
future of th West Berlin com-
munity, which consists of two and
a half million people. They must
expect to live for an indefinite
future, perhaps for the rest of
their lives, in the heart of a Com-
munist state.
The fvture of West Berlin, in
my view, cannot be secured ade-
quately by a determination to
stand firm on a policy of standing
pat.
West Berlin lies in a strategic
trap, and its security cannot be
protected adequately by military
measures alone. It can be secured
against blockade and outright ag-
gression. But it cannot be made
secure against harassment and a
perpetual war of nerves and the
feeing that there is no hope.
* * *
IN NEGOTIATING a new sta-.
tute, we should begin by establish-
ing the principles under which we
have a right to be present in West
Berlin and to participate in de-
termining its future. For some ex-
traordinary reason we have chosen
to, argue that our rights in Berlin'
rest upon the right of conquest.
That is a poor reason for the de-
fenders of civilization to invoke.
If we choose to stand or the right
of conquest, we shll live to regret
it. It will boomerang. For where
would we be if the Soviet Union,
which is also a conqueror of Ger-
many, chose to invoke for itself
the right of conquest? The whole
of Gemany was surrendered to
the conquerors, and i there is 'a
right of conquest, it is not limited
to West Berlin.
There is no need for us to re-
sort to so primitive and brutal
and repellant a principle as the
right of conquest. We have good
and sufficient civilized reasons for
being in Berlin and for remaining
there.
We are in Berlin because it is
the capital of Germany.
We are ertitled to stay there
until is once again the seat of a
united German government. Dur-
ing our stay in Berlin we have in
the course of time acquired a
special moral obligation to the two
and a half million inhabitants of
West Berlin. This obligation we
intend to honor and we could well
say to Mr K. that he would de-
spise us as we would ourselves if
we did not honor it.
* * *
NEGOTIATION must start from
these two fundamentals: the need
for a long future of steadfastness
and stability, and the need for a
change which reflects the new re-
alities. This can best be done if a
new statute is negotiated in which
the future of Berlin is put in trust
with the United Nations. The new
charter of statute should begin

with an explicit declaration that
the United Nations trust will last
until the two German states agree
to restore Berlin as the capital of
a reunited Germany.
Then, in the new statute the
right to access, the conditions of
co-existence, the relations between
the two Berlins and the two Ger-
manys, the presence of Allied and
United Nations token military
forces, should be spelled out.
Though it is a complicated thing
to do, it is not an impossible thing
to establish a city within a city
and within a foreign state. The
most striking example, which
could well be used as .a suggestive
model, is the treaty signed in 1929
between the Holy See and the
'Kingdom of Italy. This was the
Lateran Treaty which established
Vatican City.
If the division of Germany is
to last for the indefinite future,
we must find ways to provide the
West Berlin community with a
dependable order of things. We
cannot expect the West Berliners
to depend for their whole securi-
ty upon what, over the course of
a generation or more, we may be
able and willing to do with our
Strategic Air Force.
The future of West Berlin must
be protected not by standing pat
but by our insisting that West,
Berlin needs and is entitled to
have a new status. When Khrush-
chev tells us that the present sta-
tus of Berlin is obsolete, it is a
mistake for the West to act as
if any departure from the status
quo would be a defeat and sur-
render. It might be an improve-
ment. At present the status quo
is extremely unsatisfactory. We
should propose a new charter or
statute in which West Berlin is
guaranteed an ordered future by
the presence of Western troop.
acting under international aus-
pices.
* * *.
BOTH SIDES have much to
gain from such a settlement. For
us it would mean that the West
Berlin community was guaran-
teed physical security under a'
new and much more authoritative
statute than exists today. It
would mean also that the future
was not foreclosed, and that the
prospect of Berlin's becoming
again the capital of Germany
would be reaffirmed with the
sanction of the world society. The
West Berliners would have a rea-
son for carrying' on. For they
would have hope, which, in affairs
of this sort, is as important as hy-
drogen bombs. ..
The Russians for their part
would get a good deal too. They
would get, as we would get, the
relief that comes from straight-
ening out a dangerous muddle.
They would get a provisional but
that there are two Germanys.,
Since a United Nations statute
would have to be agreed to both
by the Soviet Union and by the
Pankow government, they would
get a de facto recognition of the
East German state by the UN.
This might mean much to them
in that it would help to stabilize
their situation in Eastern Europe.
Neither side would "win." But
neither would "lose." Each side
would hold within its sphee o
influence What it now holds, and
neither would surrender to the
other any territory or any people.
But we would get a new legal,
political, and moral foundation
and framework which takes ac-
count of the hard facts of life-
that. there will long be two Ger-
manys and that Berlin must be
protected in a special way while
Germany remains divided.


/

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INTERPRETING THE NEWS:

Adenauer Still Much Alive

Y

By J. M. ROBERTS
AsSociated Press News Analyst
1HANCELLOR Adenauer has made it plain
that while he may be retiring from active
olftics, he has no intention of retiring from
he alffairs of West Germany.
He speaks of the presidency which he expects
o assume as a position containing full possi-
lites for continue'd" Influence.
And he speaks with certainty of the contin-
ation of his foreign policies by his successor
s chancellor.
He speaks of those policies as something in-
erent in the West German international posi-
on, not as something attributable to the will
f one man as the world has been inclined to
lew it because he had made them so much his
awn.
There has been an inclination In Europe and
he United States toward a certain sense of
bock that the steadfast old man should move
ut of the chancellery, even though the pros-
ect had become more and more imminent with
is advancing age.

DENAUER, with his unyielding faith in the
possibilities -for a cooperating Europe, has
attained leadership in that community of a
type which is almost unbelievable for a German
so soon after World War II.
When the Allies sponsored a constitutional
convention in Bonn in 1948 with a view to es-
tablishing an autonomous West German gov-
ernment, Adenauer was just one of a group of
seedy-looking old men. They were expected to
act pimarily as caretakers until new and
younger democratic forces could be mobilized
for the purposes of government.
Soviet fighters flew menacingly along the
edges of the air corridors to Berlin that sum-
mer as the American planes broke the Berlin
Blockade. Europe was full of fear of a new war.
Max Reimann, his gray plaid suit contrast-
ing with the somber black of most of the older
men, appeared to be the only truly vigorous
delegate at the convention.
BUT ADENAUER took over. He fought Rei-
mann tooth and nail, and the influence of
Communism in West Germany was soon killed.
The old man then proceeded, over the years,
to make peace between Germany and France.
He won the Saar, and in return gave the hand
of German cooperation to the rest of Western
Europe. He forced reluctant Germans to accept
rearmament and a full place in the defense
of the whole community which they had so
often attacked. He joined with Jean Monnet
and Robert Schuman, with Spaak and all the
others who dreamed of a united Europe, toj
make the first and subsequent steps in eco-
nomic cooperation.
And he stood like a rock against all the
blandishments of appeasement through which
Germany might have been reunited, but on
terms favorable to Soviet Russia.
He hasn't changed. At 83 he's going to take
it a little easier. But his statement yesterday

PRESS AND RADIO TURN PRO-SOVIET:
Iraq's Readers and Listeners lGet Red Slant


By WILTON WYNN
Associated Press Correspondent
CAIRO -- Judged by the radio
and press output in Iraq, the
regime of Abdel Kerim Kassem"has
gone much farther left than any
other Arab state ever has. Even in
days when he was closest to Mos-
cow, Egypt's Gamal Abdel Nasser
never allowed his press and radio
to adopt such a pro-Soviet line.
Neutralist countries such as
Egypt, Syria, and Yemen often
have followed policies that coin-
cided with those of the Soviet
Union, but always within ther
framework of what is called the
Arabs' struggle against Western
domination.
* * *
BAGHDAD newspapers are filled
with handouts from Communist
news agencies, reprints from So-
viet and Red Chinese, magazines,
and reports from Communist
parties 'around the world. Again,
this contrasts with Nasser's Cairo
press which throughout has relied
on Western news agencies for in-
ternational coverage.
The Red line shows through even
on the sports pages of Baghdad
m~~r A t+Uirfal V'3fis naerDe car-'

Sports pages in Cairo newspa-
pers generally cover the same kind
of news as western European news-
papers.
Baghdad attacks on Tito are
probably the best indication of
rigid adherence to the Moscow
line. The Baghdad daily Al Bilad

4r "Atr4ugttn uailg,

recently compared Tito to Hitler
and Mussolini.
"Hitler and Mussolini emerged
under cover of socialism and its
name in order to crush it later,"
Al Bilad said. "Now Tito has come
under socialist slogans and is mak-
ing feverish efforts to break the
unity of the socialist world."

Editorial Staff
RICHARD TAUB, Editor
"ICHAEL KRAFT JO
Editorial Director

Senmore Says.
} $2
t t f n

By contrast, Nasser and Tito
have maintained a close political
and personal relationship regard-,
less of their respective attitudes
toward the Soviet Union.
Nasser's newspapers regularly
attack the West, ljut these attacks
have been from the viewpoint of
the Arab Nationalism that Nasser
espouses.
* * *
A TYPICAL BAGHDAD daily on
a typical day was filled with these
items:
Translation of an article on
peaceful coexistence from the So-
viet magazine Culture and Life;
reprints from the World Market
Review, Peking Review, New Times
of Moscow, and the Daily Worker;
articles on "struggle of the Por-
tuguese Communist party at its
fifth session;" "Terrorism in Cyp-
rus;" and a hefty budget from
Tass and the New China News
Agency on free meals in Chinese
peoples' communes, sputnik suc-
cesses, etc.
In Cairo newspapers, even non-
Western stories come mainly from
Western news agencies. Cairo
readers first learned of Sputnik


DAILY
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BULLETIN
The Daiiy Official Bulletin 13 an
official publication of The Univer-
sity of Michigan for which The
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torial responsibility. Notices should
be sent in TYPEWRITTEN form to
Room 3519 Administration Build-
ing, before 2 p.m. the day preceding
publication. Notices for Sunday
Daily due at 2:00 p.m. Friday.
THURSDAY, APRIL 9, 1959
VOL. LXIX, NO. 31
General Notices
Deadline for applications for Fresh-
man Rendezvous counseling - Fri.,
April 10. Return applications to Lane
Hall. Any university student may ap-
ply.
Graduation Announcement orders are
being taken in S.A.B. basement from 1
to 5 n.m.All ovtrders are'reTaid

JHN WEICHER
City Editor

L'I 4W

DAVID TARR
Associate Editor
E CANTOR............ . Personnel Director
N WILLOUGHBY .... Associate Editorial Director
N JONES ...... ... .....Sports Editor
TA JORGENSON.....Associate City Editor
ZABETH ERSKINE .. Associate Personnel Director
OLEMAN........ .Associate Sports Editor
rID ARNOLD ................ Chief Photographer
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