TUESDAY, JULY 7, 1964.

THE :MICHIGAN DAILY

PAGE FIVE

TUESDAY, JULY 7,1964 THE ~MCHJGAN DAILY PAGE FIVE


CIVIL RIGHTS, APPORTIONMENT
Warren Court Sets Precedents

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By PAUL M. YOST
WASHINGTON - The United
States Supreme Court, with a well-
entrenched liberal majority, went
the whole way with three of the
major issues before it in the term
just ended.
In decisions of far-reaching im-
portance, the justices ruled:
1) Districts in both houses of
state legislatures and congression-
al districts within each state must
be substantially equal in popula-
tion.
2) Federal courts have power to
require tax levies to support pub-
lic schools where they have been
closed to escape racial desegrega-
tion.
3) The Constitution's Fifth
Amendment guarantee against
self-incrimination extends to state
as well as federal courts.
Sidesteps Issue
A fourth major issue confront-
ed the high tribunal: May a
state use its trespass laws to back
up a private businessman's desire
to bar Negroes from his establish-
ment?
But the court sidestepped the
fundamental constitutional issue
involved and relied on narrow
technical grounds to overturn con-
victions of about 100 sit-in racial
demonstrators in various states.
Possible social, political and
economic results of the actions of
nine justices on an amazing to-
tal of 2,410 cases led to pre-
dictions that things will never be
the same again. And the busy
court demonstrated again that it
has taken a leading role in de-
termining what sort of country
the United States is to be.
Increases Influence
For instance, far-reaching con-
sequences and unforeseeable po-
litical effects are expected from
the court's bold decisions on the
makeup of state legislatures and
the national House. By increas-
ing the influence of cities and
suburban areas in the legilative
bodies at the expense of rural
areas a more liberal point of view
is widely predicted.
In telling Prince Edward Coun-
ty, Va., that its schools must be
reopened on a desegregated basis,
the Supreme Court for the first
time called for the levying of
taxes and the spending of funds
for specified purposes.
Among the exclamations of sur-
prise at this ruling was the voice
of Senator Harry F. Byrd, veter-
an Virginia Democrat. He said it
was "the greatest usurpation of
power any court ever assumed." He
added if a county can be directed
by the high court to levy taxes,
"then the legislature of a state
presumably can be so directed
and even the Congress of the Unit-
ed States."
Overrules Precedent
In extending the protection of
the Fifth Amendment's privilege
against compelled self-incrimina-
tion, the high court overruled a
56-year-old precedent.
"The 14th Amendment," said
Justice Arthur J. Goldberg in that
case, "secures against state inva-
sion the right of a person to re-
main silent unless he chooses to
speak in the unfettered exercise of
his own will."
The Supreme Court ruled on
the fourth major issue-the sit-
in cases-only four days after the
Senate passed the new civil rights
bill. In skirting the constitutional
issue involved in the sit-in cases,
the court appeared to have chos-
en to avoid for the time being a
final decision in a most trouble-
some area in which Congress has
taken the lead.
Tenth Anniversary
Chief Justice Earl Warren, au-
thor of the historic decision
against racial segregation in pub-
lic schools, sat on the high bench
on the tenth anniversary of that
ruling in the term just completed.
Warren said nothing. But he
heard Justice Goldberg in a new
case declare that Warren's ten-

year-old concept of "deliberate
speed" in ending school segrega-
tion was "never intended to per-
mit indefinite delay" by school
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CHIEF JUSTICE WARREN
officials. This declaration affect-
ed the whole course of desegrega-
tion in Southern states.
Goldberg, newest member of the
court, in various opinions last term
appeared to be pressing close to
Justices Hugo L. Black and Wil-
liam O. Douglas in their general-
ly regarded spots as leaders of the
court's liberal majority. Warren
and Justice William J. Brennan
are the other members of the ma-
jority bloc that demonstrated in
the 1936-64 term that it is solidly
in control.
Nine Individuals
While the court in popular par-
lance is known as "The Warren
Court," the last term demonstrated
again that the tribunal is still
made up of nine individuals with
strong individual minds and wills.
For instance, Black, hero of the

liberal-minded,, delivered a scath-
ing dissenting opinion when the
court avoided ruling on the consti-
tutional issue in sit-in cases. To
the surprise of just about every-
body, Black rejected contentions
that sit-in demonstrations are
protected by the Constitution.
"The 14th Amendment," he de-
clared, "does not forbid a state
to prosecute for crimes committed
against a person or his property,
however prejudiced or narrow the
victim's views may be .. .the Con-
stitution does not confer upon
any group the right to substitute
rule by force for rule of law."
Black in these views had the
support of Justices Byron R. White
and John M. Harlan, the latter
in the last term emerging as the
court's leading dissenter.
Dissenting Example
An example of Harlan's dissent-
ing opinions camne in the legisla-
tive districting cases. He said the
court had a mistaken view of the
Constitution and the function of
the court, and declared:
"This view, in a nutshell, is
that every major social ill in this
country can find its cure in some
constitutional 'principle' and that
this court should 'take the lead' in
promoting reform when other
branches of government fail to act.
"Tlie Constitution is not a pan-
acea for every blot upon the pub-
lic welfare, nor should this court
be thought of as a general haven
for reform movements."
Other Issues
Although the court sidestepped
in the sit-in cases, it ruled finally
in a variety of other controver-
sies.
It declared that hospitals built
with federal aid funds may not
bar Negroes as patients or doctors;

Negroes must be addressed cour-
teously by their proper names in
state courts; Alabama may not
ban activities of the National As-
sociation for the Advancement of
Colored People; Louisiana may not
require listing of a candidate's race
on election ballots; Governor Paul
R. Johnson and former Governor
Ross Barnett of Mississippi are not
entitled to jury trials of contempt
charges against them that devel-
oped from the federally enforced
admission of James H. Meredith,
Negro, to the University of Mis-
sissippi.
While the court generally ruled
in favor of Negro appellants, it
left standing a lower court ruling
that racially imbalanced school
districts in Gary, Ind., do not
violate Negro pupils' constitutional
rights.

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JUSTICE GOLDBERG

FACULTY MUST UPHOLD THEM
Draft Lists Student Rights

Rent a TV this Summer

(Continued from Page 1)
that disciplinary cases, which do
not result in suspension, should
not be entered into permanent
academic records available to
outside parties.
University records have long
been a matter of controversy.
Joint Judiciary Council members
have levelled charges against the
Office of Student Affairs contend-
ing that private information is
shown to employers.
Only to Evaluate
Administrators contend that the
private files are used only to
evaluate students applying for
graduate admission at the Uni-
versity.
The document's second section
outlines the "Responsibility of the
Professor as Participant in Insti-
tutional Government." Assuming
the faculty members play a role
in administrative decisions, the
statement asserts that they should
work for non-discriminatory poli-
cies against students.
This ranges from admissions
policies to student organizations,
where the statement advocates
these non-rules:,
-Student organizations should
not be forced to submit member-
ship statements.
-These organizations should
have free speaker privilegs with
the only control being "an orderly
scheduling of the use of space."
-Student representatives in
student government "should have
clearly defined means to partici-
pate in the formulation and ap-
plication regulations affecting stu-
dent conduct."
Contrary Rules
The Universty has rules con-
trary to all three recommenda-
tions. Student groups are required
to submit membership lists as a
prerequisite to' recognition. A
state-wide speaker ban is imposed

which denies the right of students
to bring any speaker advocating
the overthrow of the government
by force. And Student Government
Council has sought in the past few
years to gain control over student
conduct.
This section also calls for the
abolition of administrative cen-
sorship rules, particularly in the
firing of controversial ,newspaper
editors. A recent example of this
"management of news" by admin-
istrators occurred at Oakland Uni-
versity where the editor was dis-
charged for trying to run a sex
survey tabulation.
The third section assigns "The
Responsibility for Safeguarding
Off - Campus Freedom of Stu-
dents." This section denounces
double-punishments where both
civil and institutional authorities
prescribe penalties for civil mis-
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demeanors. It also implores the
institution to fight for students
maintaining "what they regard as
their political rights" in pickets,
freedom rides or other peaceful
demonstrations.
The final section states "The
Responsibility of the Faculty for
Procedural Due Process in Cases
of Alleged Misconduct." This out-
lines the student rights of due
process in disciplining cases -
ranging from written notice of
punishment to a hearing to the
right of appeal.
Joint Judiciary Council, the
University's student judicial body,
wrote most of these due process
rights into its new constitution,
adopted last year.

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LOST:

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