Seventy-Second Year
EorrED AND MANAGED SY STUDENTS ov THE UNIVERSrrY OF MICHIGAN
- UNDER AUTHORT OF BOARD IN CONTROL OF STUDENT PUBLCATIONS
"Where Opinlouls Are 1FreSTUDENT PUBLICATIONS BLDG. 0 ANN ARBOR, MICH. *"P1on NO 2.3241
Truth Wwl Prevall
Editorials printed in The Michigan Daily ex press the individual opinions of stag writers
or the editors. This must be noted in all reprints.
AY, JULY 10, 1962
NIGHT EDITOR: DENISE WACKER
South Viet Nam. Mess
Finally Becomes Public
AT LAST the truth is out! There is a mess
in South Viet Nam.
Rumblings of this state of affairs have cir-
culated in the United States for the past two
or three years, but neither the Eisenhower
nor Kennedy administrations nor the major
news gathering media in this country would
admit it. Finally, the Associated Press has brok-
en this wall of silence.
In an article by staff writer Ben Price and
datelined Fort Leavenworth, Kan., the AP tells
of army discontent with the operations in the
South Viet Nam. As Price says, "The story
here - and apparently elsewhere in the Army
- is that the fight to save South Viet Nam
from the Communists is, to put it mildly, fouled
up.,
PRICE TEILS of the split Viet Nam army
command that results in chaos; of the top-
heavy command structure that places five men
in the rear for every man on the front; and of
the reliance on archaic, unsuccessful French
methods of fighting guerrilla warfare.
This is quite .a different story from recent
Pentagon statements saying that the war has
turned toward the. West's favor and that it is
only a matter of time until the Viet Cong are
driven out of the country.
One article written last March by an un-
named observer in South Viet Nam tells of
Viet Cong successes going unchallenged; of the
increasing casualty rate; of the military bu-
reaucracy; but, most importantly of the Amer-
ican surrender to the Vietnamese dictators and
to propaganda which has lulled this country
asleep.
IT MAY well be too late. The United States has,
let itself be drawn further and further into
the guerilla war quicksand and may be commit-
ted to years of bloody, frustrating warfare. Yet,
the administration is doing nothing about it.
As the New Republic said in its front page
editorial March 12, "The Pentagon pipeline to
Saigon pours out a flow of men and material
that has swollen over the past year in inverse
proportion to thestaying power of the regime."
The trend continues and the Diem regime pulls
America through the mud.
The crux of the South Viet Nam problem is
not military, but political. The Americans are
defending a harshly dictatorial, corrupt and
thoroughly unpopular regime. Its position is
untenable. On the one hand, it gains no sup-
port from the local citizenry. On the other,
United States efforts to improve political and
economic conditions are resisted by the en-
trenched Diem clique.
T'HEAMERICAN public had best prepare
itself, for a long series of costly and frus-
trating crises inViet Nam. Only diligent diplo-
macy can pull the °United States out of its mess
and at best this country will be lucky to get
out with its pants intact.
However, it is not too late. The Kennedy ad-
ministration should strategically re-evaluate
its position and change its command from a
military to a diplomatic one, for diplomatic
solutions may be the only effective one. A new
command may also provide a new perspective
and a needed disenchantment from the Diem
regime. After this first step is taken, efforts
to save Viet Nam from the Communists by
neutralizing it and putting it in the hands of
a popular government should be undertaken.
No such hopes are now in sight. There is
only the vision of Uncle Sam sinking deeper
and deeper into quicksand.
-PHILIP SUTIN
"Sugar In The Mornin'--Sugar In The Evenin--
Sugar In The Summnertimne-.--"
N L
* **1
By ROBERT SELWA
Daily Staff Writer
IN ITS TERM that has just end-
ed, the Supreme Court has ad-
vanced American civil liberties a
little bit more.
Civil liberties generally have
been gaining in the past decade,
and the Court during the past nine
months helped to solidify gains in
the areas of the prevention of
censorship, the freedom of criti-
cism and of opinion,and contempt
of Congress charges for refusing to
answer Congressional committee
questions about Communism.
But what is significant in ad-
dition to the decisions is that the
Court has undergone a change in
personnel that may mean an al-
teration of its liberal-conserva-
tive makeup.,
AFTER FIVE YEARS, on the
the bench, Justice Charles E.
Whittaker of the "conservative"
bloc resigned because of the great
volume and continuous stresses of
the Court's work. President John
F. Kennedy appointed Deputy At-
torney General Byron White in his
place.
Justice White was able to par-
ticipate in only three decisions,
none of which give any good clue
as to his future position in civil
liberties cases. A dissent he de-
livered in a narcotics case may
give some indication, though: he
termed the invocation of the
"cruel and unusual punishment"
clause of Article Eight of the Bill
of Rights "novel" and accused the
majority of "imposing its own
philosophical predilections" on
legislators.
"This dissent," Anthony Lewis
of the New York Times says, "at
least suggests that the new Justice
is going, to be no sentimentalist in
dealing with criminals. It may go
beyond criminal cases, indicating
a broader feeling on Justice
White's part that judges should
be wary of novel doctrine and
slow to impose new restraints on
Government."
* * *
IF THIS IS SO, then Justice
White may lean toward the "con-
servative" bloc-Justices Tom C.
Clark, Felix , Frankfurter, Joh
Marshall Harlan and Potter Stew-
art-which finds, claims of in-
dividual liberty outweighed by
governmental needs.
But at this point it is just as
easy to feel (despite his dissent)
that Justice White may join the
"liberal" bloc . . . Justices Hugo
Black, William 0. Douglas, William
J. Brennan Jr. and Chief Justice
Earl Warren.
The retirement of Justice Whit-
taker and the illness of Justice
Frankfurter, who is 79 years old,
helped to account for the judicial
gains in civil liberties during the
past term. The Court, by a 6-1
margin, set aside a post office
ban on three magazines designed
to appeal to homosexuals. By a
5-2 margin it held that a Georgia
sheriff's criticism of a judge for
an allegedly racist charge to a
grand-jury was not a sufficient
threat to the administration of
justice to justify holding the sher-
iff in contempt.
IT UNANIMOUSLY struck down
a Florida requirement that state
employes swear they have not
and will not lend "support, advice
counsel of influence to the Com-
munist party." The Court said this
was so vague that it could inhibit
the free expression of opinion.
It set aside the contempt con-
victions of nine men who refused
to answer questions of the House
Un-American Activities CommiIt-
tee and Senate Internal Security
subcimmittee, and even though it
did so on a technical ground-that
the indcitments were defective be-
cause they did not, specify the
"question under inquiry,"-the de-
cision helps to roll back the ma-
laise of repression that the HUAC
promotes.
In these ways, the Court con--
tinued the progress made in the
past decade. During the 1950s, the
freedom to stay silent became
clarified, freedom of worship for
all was established beyond any
danger of being dislodged, the
freedom of teachingmand research
and of press and movies became
less threatened by government, the
ban against wiretapping in Federal
court cases became firm, and the
right of a citizen to travel was
strengthened.
WITH THE MORAL leadership
of the Court libertarians behind
it, the movement for civil liber-
ties has gained new life since its
rough bout with McCarthyism.
Muchthremains to be done yet
before this ideal will become truly
meaningful. . Although the right
to remain silent has become clari-
fied, the right to say what one
thinks and; to contribute to the
marketplace of ideas is still far
from absolute.
The rights of aliens in immi-
gration and deportation cases need
recognition from the Court, and
the severe restrictive immigration
laws of the post-World War I
period are still on the books.
TERM ENDS:
Court Solidifies Gains
In Civil Liberties-
- f I
..ir..
r'
THE NEW CONSTITUTION:
Retains Judicial Structure
I
Doctors Defy Faceless Bureaucrats
[OW IT must annoy the Saskatchewan So-
cialists, that the doctors of their province,
lose last evil bastions of the decadent capital-
t concept of free enterprise, refuse to knuckle
large, impersonal, faceless, mechanical bu-
aucracy in Regina.
An out-and-out scheme for socialized. medi-
nle, loosely camouflaged as a National Health
'ogram, was wished upon the province, which
id given no indication it wanted the thing,
ily 1. The doctors, supposedly evil and greedy
id wanting only to gouge their poor, helpless,
ck patients, went on strike, so that the people
uld all die from exposure.
The government, determined 'to make every
tient a number in voluminous card catalogs,
reatened the evil doctors with reprisals. The
reats were met only with offers from doctors
every part of the world to come to Sas-
,tchewan, "like witches to a convention," and
fer emergency medical care, supporting the,
cal doctors in the wicked ways.
IOPEFULLY the doctors will have the
stamina to resist every attempt to make
em give in. Once socialism gets its foot in
e door, like ivy eating mortar from between
e bricks, it is almost impossible to stop.
In spite of the fact that some distorted lib-
als may believe the doctors have only selfish
motives in their resistance, such is not the case.
Perhaps it is beyond the comprehension of each
and every hack politician that sickness is a
very personal problem. Each case is different.
It cannot be nationalized like a railroad or a
coal mine, for it deals with the very life of'
human beings.
A sick man cannot wait until the government
opens shop on Monday and looks up his Na-
tional Health number. A doctor cannot rely
upon a government, staffed by civil servants
who proved incapable of handling private jobs,
to do his work for him. Life will not wait that
long.
CAN'T HAPPEN, you say? Ask the man in
Liverpool, England, who wanted his appen-
dix removed and was told he would have to
get on the waiting list. Six months later he
would have been admitted - if he could have
lived that long.
The eyes of the world will be on Saskatche-
wan these days, to see whether social domin-
ance will defeat personal humanity. Unfortun-
ately the issue is being debated on the basis
of money - does the doctor cost too much?
And while the battle rages life may slip away
from someone who might have been saved.
Is this political greed worth it? I think not.
-MICHAEL HARRAH
City Editor
(EDITOR'S NOTE- This is the
fifth of a nine-part series on the
new state constitution.)
By MARK BLUCHER
Daily Staff Writer
WITH 39 PER CENT of the con-
vention's delegates coming
from the law profession it was not
unnatural that many weeks of dis-
cussion would be spent on the
Judicial article.
But after the talk was over
much of the state's basic legal
structure remained unchanged.
Those, changes that were finally
incorporated into the new docu-
ment came only after weeks and
weeks of intense debate. One dele-
gate expressed the view that while
the lawyers often demanded that
all issues should beetalked-out,
they themselves often took the
floor just to hear themselves speak.
AGAIN, as on many other oc-
casions, the Democrats voted
against the inclusion of the pro-
posed judicial article in the new
document.
Under the new provision, the
Supreme Court will continue to
be elected in non-partisan state-
wide elections. However, the num-
ber of judges is reduced from the
present eight to seven, in order
to alleviate a greater possibility
of tie-votes.
Incumbent justices would have
the privilege of renominating
themselves by filing an affidavit
without having to win the support
of party nominating conventions.
' ' * *
IN THE CASE of a vacancy, a
general or special election would
be called to fill it.
Justice of the Peace courts were
eliminated along with the Circuit
RACKHAM GALLERIES:
Art Represents Youth
AMONG THE many facets of the Summer Program on Youth, an en-
gaging one is the display of college art, which is currently on view
in the Rackham Galleries.
Two well-hung rooms and one display case are used to show the
work of students from eight Michigan colleges.
As a whole, the work can be labelled derivative; as one would ex-
pect, these youthful artists are exploring their media in terms of pre-
vailing styles. Hence, there is a great deal of abstraction; a searching
for form; there is, as well, a great amount of boldness in the use of
color; and, true also both to conventional and currently fashionable
concern, there are figure studies.
AMONG THE works shown, a few pieces strike me as having a
certain maturity; by that, I mean both a control of the medium and a
content that I found interesting. Of the oil paintings I liked best Emma
Kuiper's yellow and red imaginative construct: a kid of bridge in space.
Her sensitive use of surface textures heightens the effect.
Prints by Jane Hustoles are also eye-catching: one overall pattern
in red and brown, and a neat lithograph, "Water and Ice," which skill-
fully juxtaposes colors and forms.
* * * *
TWO WOODEN sculptures in a case, which also contains examples
of ceramics, were particularly striking. The black torso by William
Davison brings out both the delicacy and the strength of the wood. It
is beautiful.
More amusing but also a fine piece of craftsmanship is the untitled
group of three llamas. The absence of an artist's name on this and
many other works is an annoying omission; as a result, however, the
show more truly represents the work of today's college youth. '
-Prof. Marvin Felheim
Court Commissioner. This was
considered to be one of the most
important changes in the judicial
article.
Robert Danhof (R-Muskegon)
said that lack of flexibility is the
main problem with the JP's. "They
work well in a small township but
not in heavily-populated urban
townships. Here is where you find
the collection agency justices and
the pressure to find defendants
guilty of speeding and , such
charges because deputies and po-
lice take their cases to the courts
where they figure they'll win," he
added.
THE DEMOCRATS balked at
most of ,the new provisions except
the one that established a new
Court of Appeals with nine judges
to be elected from districts.
They especially disliked the pro-
vision that took away the gover-
nor's power to fill judicial vacan-
cies and gave it to the Supreme
Court which could call on retired
judges for temporary service.
"Michigan's present system of
permitting the governor to make
appointments to fill vacancies and
then require these incumbents to"
run at the next election has pro-
duced a superior bench in our
state, recognized as such by na-
tional authorities. The new pro-
posal is obviously motivated by
partisan reaction to 14 years of
democratic governors and has'
never been supported 'by either'
constructive criticism of the qual-
ity of our present judiciary or
constructive suggestions," they
said.
OTHER PROVISIONS in the
new article that found most of
the Democrats on the dissenting
side included:
-Elimination of the Justice of
the Peace system within five years
of adoption of the Constitution,
and authorizing the Legislature to
establish a new court of limited.
jurisdiction.
-F6rbidding the payment of
any judge on the basis of fees or
court business.
-Opening the way for establish-
ment by the legislature of a family
court by permitting juvenile juris-
diction to be placed in a court
rather than probate.
'BLACK TIGHTS'
Chapliesu Blet
F OR THOSE who like a somewhat pleasant and very childish relief
from reality, "Oklahoma" has been re-released slightly cut, and is
now playing at the campus. Fine for corn, literal and otherwise.y
For those who want a weird and rhythmic mixture of fantasy and
reality with all the best elements of ballet, musical-comedy, Edmond
Rostand, and George Bizet, there is "Black Tights" on the same bill.
The creator and mastermind of this film is Roland Petit, who
authored all four of the ballets included.
* * * *
THE FOUR ballets are "La Croqueuse de Diaments" (The Diamond
Crusher), "Cyrano De Bergerac," "Deuil en 24 Heures", and "Carmen."
Two of the best things about the whole film are the sets and the
costumes, particularly the sets. They have an aura of surrealism about
them, but it's the kind of aura which allows them to be very represen-
tational, and yet give just the right amount of reality and solidarity.
Among the people who worked on the costumes were Clave and
Yves St. Laurent of the House of Christian Dior. The costumes too
have this same aura of surrealism about them.
THIS IS a very contemporary and at times very comic form of
ballet that does more to characterize the natural rhythm of the body,
rather than give it another formal rhythm.
It is often very reminiscent of Charlie Chaplin's little splay-footed
tramp.
Roland Petit's ballets are fantastic, perceptive, cdamatic and
funny. His dancing is also good. His characterization and face are too
often those of the world's greatest ham. The best two people as far as
total all-around effect is concerned, are Dirk Sanders, who unfortunate-
ly only appears in the first ballet, and Zizi Jeanmaire, who has the leads
in La Croqueuse de Diaments and Carmen. She makes a charming eater
of diamonds, a la juvenile delinquent.
The worst thing about the film is Maurice Chevalier, but fortun-
ately he is only the narrator. The best thing is the final scene in Carmen.
It alone is worth the preceding four hours, sans intermission.
-John Herrick
Blackjacking the Public
()NEHARSH, ill-considered editorial by the
Detroit Free Press may well have destroyed
a commendable and worthwhile experiment in
police-citizen cooperation in Detroit. In a biting
article, the Free Press chided the police de-
partment for not arresting enough people while
he crime rate has gone up eight per cent.
With the appointment of former state Su-
>reme Court Judge George Edwards as police
ommissioner, the department has launched a
irive to gain citizen cooperation - especially
n the crime-infested Negro community. The
epartment has held meetings with community
roups, explaining its problems and showing
hem that cooperation will result in safer
ieighborhoods.
Two weeks ago the department held a one-
lay workshop with senior precinct officials and
.ity. religious leaders. There the department
'evealed a 10-point program for citizen-police
ooperation and cited precinct-by-precinct the
najor problems of the police department. The
'eligious leaders were impressed and the meet-
ng's success created hopes for a safer city
hrough cooperation, not bullying animosity.
ON ITS PART, the department is paying
closer attention to the citizen's Constitu-
Editorial Staff
RED RUSSELL KRAMER............... Co-Editor
'ETER STEINBERGER.................. Co-Editor
.L JONES ..................Sports Editor
YNTHA NEU......................Night Editor
JERALD STORCH.................. Night Editor
HILIP SUTIN....... ..............Night Editor
tional safeguards, especially the search and
seizure provisions. It was the department's mass
searching of Negroes during a winter 1960-61
"crime wave" that lost Louis C. Miriani his
mayor's job. The police then stopped many
Negroes and subjected them to a summary
search for weapons. The new commissioner
has put a stop to this.
Why have arrests gone down? The Free Press
says that officers do not want to be caught in
the middle of a political football. This is the
result of Wayne County prosecutor Samuel
Olsen's ineptness and his penchant for making
political issues out of routine criminal cases.
Critical fire should be drawn toward the prose-
cutor for creating this unwholesome atmos-
phere, not at the policemen.
A more significant reason for the decline in
arrests is probably an adherence to the, Con-
stitution. Dubious "investigatory arrests" have
declined. Fewer citizens are being held on an
open charge. The old practice had its bullying
aspects as it provided no check on possible ar-
rests for personal, prejudicial or political rea-
sons. It makes the policeman more careful of
whom he charges with a crime and guarantees
freedom from intimidation by police officers.
IRONICALLY, the statistics themselves indi-
cate growing public confidence in the police.
The eight per cent increase in reported crimes
in part due to more information about them
reaching the police. As Edwards says, more
citizens have now joined the war against crime.
The public reaction to this thoughtless Free
Press editorial may force the police depart-
ment to reverse this policy. Patrolmen may
make more "investigatory arrests" just to keep
the statistics up. Intimidation will return. Fear
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