Seventieth Year of Editorial Freedom
VOL. LXX, No. 2S
ANN ARBOR, MICHIGAN, WEDNESDAY, JUNE 22, 1960
specific rules mechanically ap-
plied by the courts. But Prof.
Harvey pointed out that dis-
cretion in the administration
of law is inevitable. Under this
English view, according to Prof.
Harvey, "rule by the law alone
comes close to meaning rule by
the judges alone." x
Moving on to the second
basic theory, the professor said
procedural safeguards alone
cannotdguarantee the "rule of
law." The American tradition
of due process of law basically
includes: the right to a mean-
ingful day in court; fully in-
dependent deciding officers;
and day-to-day decisions ra-
tionalized in terms of both gen-
eral principle and the demands
of the particular situation.
To illustrate the error of
equating the 'rule of law" with
fair procedures, Prof. Harvey cited recent treason trials in
There, he said, the excellent judicial system could not
override the flaws in basic laws enacted by the National As-
sembly and, thus, justice was thwarted. Summing up this point,
Prof. Harvey said:
"If the 'rule of law' is a concept fully adequate to the needs
of men in defining their relations to civil government, it can-
not focus entirely on one manifestation of governmental power.
It must comprehend the legislature and the executive, as well
as the courts."
Prof. Harvey also said natural law principles have not pro-
vided an adequate foundation for the "rule of law." He said
that while the ancient belief in a law of nature and reason has
often been a rallying point in the fight for human dignity, it
has at other times "served as a shield and buckler for those
who resisted the felt needs of their times in blindness to the
vision of a better tomorrow."
In further criticism of the natural law analysis, Prof. Har-
vey said natural law thinkers have failed to agree on the con-
tent of supra-mundane norms.
He also commented that "it is a regrettably short step from
insistence that nothing is law unless it is right to the conclusion
that whatever is law, in terms
of legal enactment or declara-
tion, is therefore right."
In discussing the reasons for
v analyzing the "rule of law" in
s the first place, Prof. Harvey
"In a technological, complex
~'~' >#.society like that in which we
live, it isunthinkable to reduce
governmental authority and
the administration of justice
to the elemental level of pre-
serving the public peace.
"Yet how can we reconcile
such great and pervasive power
with the preservation of those
values we cherish most high-
Imminent in UN
Ben-Gurion, Frondizi May Meet
In Brussels To Seek Compromise
UNITED NATIONS, N.Y. (AP)--Argentina and Israel prepared to
begin debate here today on the Adolf Eichmann case despite indica-
tions that the Security Council might either cancel or postpone the
The uncertainty was caused mainly by reports last night that
Argentine President Arturo Frondizi and Israel Premier David Ben-
Gurion will meet in Brussels, Belgium, Friday, to seek a compromise
on the issue. The 11-nation coun-
'ANNIE' OPENS TONIGHT:
Play Based on Real Heroine
By JUDITH OPPENHEIM
By BEATRICE TEODORO
Mock city elections highlight to-
day's activities for the 360 high,
school juniors attending the 20th
annual Wolverine Girls' State.
The nine-day study in state gov-
ernment began yesterday with a
General Assembly at Rackham.
Sponsored by local civic organi-
zations, the girls are duplicating
city, county and state governments
in a practical demonstration of
The girls are formed into 18
cities with 20 citizens each. This
morning in city party caucuses,
representatives to the county party
committees will be elected. At the
same time, candidates for non-
partisan city offices will be nomi-
Elections for these city offices
will be at 3:45 p.m. today. The
first meetings of the new city gov-
ernments will be held tonight to
choose the mayor and other execu-:
tive officers and to select two city
officers to serve on the County
Board of Supervisors.
The girls will stage mock state
party conventions at 7 p.m. to-
morrow in Angell Hall, Aud. B
and C. Adelaide Hart, vice-chair-
man of the Democratic State Cen-
tral Committee and Mrs. Elly Pe-
terson, a staff member of the Re-
publican State Central Committee
will be the keynote speakers,
During a general assembly at
9:15 a.m. Friday in the Mary
Markley snack bar, Prof. A. D.
Moore of the engineering school
will speak on "Problems in City
At another meeting at 7:30 p.m.
that evening, Justice Theodore
Souris of the State Supreme Court
will address the group after ad-
ministering the oath of office to
winners of the mock county elec-
Saturday speakers will include
Capt. Shirley Curtis of the Michi-
gan State Police, Mrs. Norton H.
Pearl of the Federal Office of Civil
Defense, and State Rep. Russell
R. Strange, Jr. (R-Isabella).
A panel discussion on the con-
stitutional convention will feature
Mrs. William Reifel, a League of
Women Voters officer, arguing for
the convention, and Joseph Parisi,
Jr., executive director of the Mich-
igan Townships Association, argu-
ing against. The discussion will be
held at 1:30 p.m., Tuesday at Mary
cil was to hear Argentine Ambas-
sador Mario Amadeo press for a
finding that Israel violated Ar-
gentina's sovereignty by spiriting
the former Nazi official out of
Buenos Aires last month.
Argentina has a resolution call-
ing for reparation, but omitting
any specific demand for the re-
turn of Eichmann, who is await-
ing trial in Israel on charges of
helping exterminate six million
Jews under Hitler.
Israel's Foreign Minister Golda
Meir was expected to present the
The Argentine delegation con-
tinued to ignore widely published
reports that Amadeo himself had
once been a collaborator wit1i the
Gestapo espionage office.
Both Ben-Gurion and Frondizi
said in separate press conferences
that they thought a meeting be-
tween themselves would be a good
Ben-Gurion, now in Brussels,
will be in the Low Countries at
least until Friday on a good will
tour. Frondizi arrives in the Bel-
gian capital from Bern, Switzer-
land, late this week.
newsmen he is prepared to meet
with Ben-Gurion if such a meet-
ing "is useful and necessary for
the discussion of problems con-
cerning our two countries."
"We insist on repatriacion," he
said. "That is how we presented
the case (to the Security Council)
and we will maintain our position.
Ben - Gurion said "Eichmann1
shall remain in Israel until he is
tried and, if condemned, until
after he has purged his condem-
Asked whether Argentina is glad
to be rid of Eichmann, Frondizi
replied: "We do not need criminals
in our country and we do not
want them there. However, when
someone is removed from our
country - even a criminal -- it
must be with due respect for our
laws and national sovereignty."
Proving her claim to the title
"The Infallible Little Shot,"
Annie Oakley, star sharpshooter
of Buffalo Bill's Wild West Show
rode around on the back of a
motorcycle shooting out candles.
Annie also stars in Irving Ber-
lin's musical comedy hit, "Annie
Get Your Gun" opening tonight
at 8 p.m. at the Lydia. Mendels-
sohn Theatre and running through
The musical, written by Dorothy
and Herbert Fields, was based
more or less on the real-life wom-
an sharpshooter who was born in
the Ohio hills 100 years ago and
who travelled around the world
with Buffalo Bill's Wild West
Cards, coins, cigarettes all served
as targets for the remarkable
deadeye who is portrayed as the
heroine of the play.
The Playbill production is a
tuneful romp through show busi-
ness, love, and Indian affairs. The
story is loosely based on the true
life story of Annie Oakley and
tells how the country girl adopted
the ways of the city to the point
where she even learned to read!
Annie, a young lady who per-
forms miracles with her old squir-
rel rifle, lives "Doin' What Coine:
Naturally." When she outshoots
Frank Butler, male sharpshooter
of Buffalo Bill's Wild West Show,
the members of the troupe .on-
vince her that "There's No Busi-
ness Like Show Business" and she
decides to join the company.'
Frank and Annie fall in love,
but Annie's brilliant performance;
makes her hero jealous ancd he
fJf.L n u juo i .ia ak vn Lkhnix,
ADOPTION CEREMONY-Annie Oakley officially becomes the
adopted daughter of "Papa" Big Chief Sitting Bull in the Playbill
Summer 1960 production of Irving Berlin's musical comedy,,
"Annie Get Your Gun," opening tonight at the Lydia Mendels-
Left- Wing -*Protersts,
TOKYO 4,P)-Emperor Hirohito gave the official imperial ap-
proval to the bitterly controversial United States-Japanese Security
Treaty immediately after Prime Minister Nobusuke Kishi's cabinet
gave it final approval, while thousands of left-wing demonstrators
participated in crippling strikes.
WASHINGTON W) - The Sen-
ate last night delayed until today
a vote on ratifying the new United
States-Japanese defense treaty.
The decision to put it off came
after hours of debate with only a'
few voices raised in opposition to
some of its provisions.
Secretary of State- Christian A.
Herter, appearing before a Senate
committee yesterday nmorning, had
urged speedy ratification.
Running into a barrage of ques-
tions about the riotous situation
in Japan which caused cancella-
tion of the invitation to President
Eisenhower to visit there, Herter
said "we misjudged" how unre-
lenting the rioting would be.
He said the State Department
didn't expect the rioting to be so
long drawn out or the mobs to be
of such great magnitude.
But Herter replied "no" when
asked if his day-to-day informa-
tion about the riots was poor. He
added that perhaps the informa-
tion was not evaluted properly,
Herter appeared before the Ap-
propriations Subcommittee to dis-
cuss his department's annual
The.Senate debated the treaty
for six and a half hours.
At the request of Majority Lead-
er Lyndon B. Johnson (D-Tex),
the Senate agreed to permit a half
hour's additional debate on the
The time limit on today's debate
will go into effect after the Senate
completes the customary opening
Although debate on the pact
dragged on for about seven hours
yesterday, there was no evidence
of concerted opposition.
Ratification appeared assured,
although some senators expressed
doubt about some provisions.
Senate ratification would leave
only two steps to put the treaty
into effect: President Dwight D.
Eisenhower's signature on the
ratification and an exchange of
documents between Japan and the
The pact has touched off day
after day of left wing rioting in
Tokyo-violence which forced can-
cellation of Eisenhower's visit to
Japan this week.
The treaty, which replaces one
now in effect, provides Japan with
United States protection under
more favorable conditions for it-
self over at least the next 10 years.
It also will permit United States
bases to remain on Japanese soil.
Sen. J. William Fulbright (D-
Ark.), chairman of the Senate
Foreign Relations Committee,
opened the debate on the treaty by
expressing hope that Japan's
democratic institutions "will suf-
fer no permanent damage" for
what he called obstructionist tac-
ties of a fraction of its people.
Return to Job.
MIAMI (P)-Eastern Air Line
~alma f l1n~A e LR .t , Vwur, ya_
goes on to join a riv aisiiow manr
aged by Pawnee Bill. Finally, vnen To escape notice of the leftists, the cabinet's approval of the
both shows are on the rocks, Annie treaty was accomplished in secrecy. Instead of calling a cabinet ses-
learns from her adopted father, sion that might have brought out a horde of demonstrators, Kishi
Big Chief Sitting Bull, that "You sent the treaty by messenger to the homes of the cabinet members
Can't Get a Man with a Gun." for their signatures. Kishi and Foreign Minister Aiichiro Fujiyama
PROF. W. B. HARVEY
. gives historic view
During the remainder of the
lecture series, other law pro-
fessors will look further into
that same question.
" (Tomorrow: The Judicial Process.)
Nixon Calls Soviet Progress
NoEThreat To Our Economy
ST. LOUIS ()-Vice President Richard M. Nixon yesterday called
for government support of this nation's growth, and predicted that
economically Russia will continue to lag behind the United States.
"We must not hesitate," Nixon said, "to resort to government
action where it provides the best road to progress."
But Nixon said the major part of the job must still be done by
The show features a bevy of hit
songs including "Anything You
Can Do I Can Do Better," "The
Girl That I Marry," "They Say
That Falling in Love is Wonder-
ful," and "Moonshine Lullaby."
The speech department is at-
tempting to convey the true at-
mosphere of Buffalo Bill's adven-
ture-packed show. The audience,
will get a full share of fancy,
shooting demonstrations and An-
nie will use an authentic 1890,
Army rifle, discovered by Ralph
W. Duckwall, Jr., designer of the
Director of the show, Prof.
William P. Halstead of the speech
department, has a slight advantage
since he saw the real Buffalo Bill
show as a small child. "All I can
remember, though," he com-
mented, "are a large herd of buf-
falo running around and people
shooting bottles that I thought
were glass, but I guess were really
signed last and then took the
document to the emperor for for-
While screaming leftist mobs
clamped a four-hour shutdown on
transportation throughout the is-
land nation, coal miners walked
off their jobs and government
workers staged sitdowns in front
of their offices.
Red China's propaganda organs
called on the Japanese people for
an all-out drive to block the treaty
from becoming effective. Peiping
"The Japanese people must
heighten their vigilance against
the extremely vicious United
States and Japanese reactionaries
and smash their plot for bloody
Prime Minister Nobusuke Kishi
was reported Monday to have told
Secretary General Shojiro Kawa-
shima of his ruling Liberal-Demo-
cratic Party that he will announce
his intention to resign as soon as
the treaty goes into force..
private economy. And he hit out
LONDON (P)-- Soviet Premier
Nikita Khrushchev said yesterday
American spy planes photographed
areas in the Soviet Union where
there are no strategic rocket bases.
Information obtained by these
flights is of no importance for
United States defense, he said.
The Russian leader, speaking
at the Romanian Party Congress
in Bucharest, said:
"We know that two or three
years ago the (Americans) photo-
graphed the areas of the proving
grounds where we conduct experi-
mental rocket launchings. It was
a rocket weapon testing grounds
that they photographed, and not
strategic rocket bases.
"We declare that if other meas-1
ures of espionage are used, they
too will be paralyzed and rebusled.
A summary of Khrushchev's
speech was reported by the official
Soviet Tass News Agency and
at Russia's Nikita S. Khrushchev,
and at critics of the Administra-
tion, who say the Soviets are
building up their economy mucji
faster than we are.
Nixon said the critics are play-
ing a game of "growthmanship,"
and that they are interested in
arbitrarily manipulating the
And as for Khrushchev's boasts
Russia will pass this country ec-
onomically in seven to 10 years:
"By any projection that can be
applied, there is no possibility
that the Soviet economy will over-
take our own at any time in this
Theoretically, Nixon was here
for what was labelled a non-polit-
ical economic talk to the 40th an-
nual convention of the National
Junior Chamber of Commerce,
But his speech obviously was an
answer to Denocratic presidential
candidates - and to Republican
Gov. Nelson A. Rockefeller of New
York-who have been pointing
See Related Story, Page 3
out that the Soviets are growing
at the rate of eight percent a'
year. This country has varied be-
tween three and four percent.
And Nixon had an eager eye on
... awaits debate
ZEN AND PSYCHOLOGY:
Converts Learn To Surrender Egos
LEOPOLDVILLE, Belgian Con-
go (UP) - Patrice Lumumba, a
goateed nationalist spellbinder,
won a major battle yesterday in
the struggle for political control
of the Congo and its new govern-
With independence from Bel-
gium only nine days away, Lu-
mumba's candidate was elected
Speaker of the Chamber of De-
puties. The new speaker, Joseph
Kasongo, promptly demanded that
Lumumba be summoned to form
the Congo's first native cabinet.
In Brussels the Belgian radio
reported Lumumba was appointed
premier - designate. It said Bel-
gium's administration in the Con-
go called on Lumumba to form a
government after his victory in
the Chamber of Deputies.
Lumumba's forces in the Cham-
ber defeated the candidate of
Joseph Kasavubu, a rotund man
with a reputation as more of a
moderate but no less strong an
ambition to govern the Congo and
its rich natural resources.
The vote was 74-58. One vote
went to an independent. Four
members of the 137-seat house
were absent. The ballots were col-
lected in a tin wastebasket hur-
riedly pressed into service for the
most important vote since the
house first assembled last week.
Thunderous table thumping greet-
ed the result.
The vote represented a public
test of strength between Kasavubu
and Lumumba after they failed in
private to work out an agreement
to share the reins of government.
The Belgians want them to share
responsibility for the important
decisions that will set the pattern
By PAT GOLDENj
"The process of conversion can be found in most religions, but
the unique factor of Zen conversion is that it contains a methodol-
ogy," Prof. Koji Sato observed yesterday.
The psychology professor at Kyoto University in Japan lectured
on the topic "Zen and Psychology." He drew a basic analogy of a
bucket without a bottom, which loses its contents, but also permits
things to enter from the bottom. Losing the bottom is like losing one's
self-defense or ego, he explained.
A person accomplishes this by learning of himself, which in tuin
means to forget himself. It is a quest for the ultimate reality; thus
Zen is a rational and scientific conversion, as opposed to a mystical
This method of purification or conversion leads to several im-
provements in the personality, such as vitality, better nervous func-
tions and temperament, control of the will, intellectual progress,
personality integration and peace of mind.
The psychological aspect of Zen involves this process of conver-
sion. called satori. "When a man lets the bottom of the bucket to
pilots nocKed back to workc yes-
terday, ending at least tempo.
rarily their court-condemned re-
bellion against regulations of the
Federal Aviation Agency.
They agreed to return to thi
cockpits only after their union
held out the promise of legal cures
on "the dictatorial powers of the
FAA administrator," Elwood Que
The Air Line Pilots Assn. di
not authorize the 10-day-old work
stoppage but told the pilots i
would back them in a "legal"
strike if it cannot put an end to
On the surface in the bitte:
risnnte. was the WAA's dnmand