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Seventieth Year of Editorial Freedom

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X, No. 3S

ANN ARBOR, MICHIGAN, THURSDAY, JUNE 23, 1960

FIVE CENTS

FOUR


xchange of Documents

Marks

Wagner Bans Nazi Ral

.S.- apan
hi Pl

Treaty

Ratification

4

om Post,

Agreement Follows
Month-Long Rioting
rOKYO (P) - Japan and the
ited States yesterday exchanged
ratification documents bind-
them together in a new mili-
y alliance amid a momentous
itical upheaval.
mess than an hour later Japan's
ief Cabinet Secretary, Tsusa-
'o Shina, announced that Prime
nister Nobusuke Kishi will re-
ni as soon as stability can be
tored to the riot-torn Japanese
itical scene.
To date for the resignation was

NAVY EXPERTS:
New Twin Satellites
Called Successful
WASHINGTON (A)-The success of yesterday's two-in-one satel-
lite launching-the first such coup-assures the United States will
have an operating system of navigation satellites in 1962, Navy sci-
entists said.
That's when the growing fleet of missile-launching submarines
will need such artificial radio stars to help them fix their positions
and plot missile trajectories with pinpoint accuracy in all weather
and without surfacing.
The two instrument-filled satellites-an experimental naviga-
tion aid vehicle and a smaller sphere to measure radiation-were
lofted from Cape Canaveral, Fla.,

Argentina Tells UN.
Israeli Acts Illegal
UNITED NATIONS (IP)-Argentina yesterday called on the United
Nations Security Council to brand Israel's actions in gaining custody
of Adolf Eichmann a violation of national sovereignty.
Israel admitted illegality in whisking Eichmann from Argentina,
but said his role under the Nazi regime in liquidating six million
Jews justified such action.
The United States upheld the Argentine contention that her
sovereignty was violated, but proposed that the council go on record
in expressing hope for a friendly 4---
settlement.
The debate took place in the jemocrat
11-nation council after collapse
of initial attempts to bring Ar-
gentine President Arturo Frondizi
and Israel Premier David Ben-
private consultations. Europe for
Henry Cabon Lodge said he agreed
with the terms of an Argentine By MICHAEL OLINICK
resolution before the council
which called upon Israel to make Leveling a charge of passive
adequate amends in the Eich- campaigning against her Republi-
mann case. can opponents for State Repre-
But he proposed that the reso- sentative from the 15th District,
lution be amended to stress the
council's concern that Eichmann Mrs. Grace Marckwardt challenged
be brought to justice for his part them to answer the question of
in massacres of Jews under Hitler. whether they stood with Rep.
A second United States amend- George W. Sallade or not.
ment would have the council ex- In a public letter issued yester-
press hope "that the traditionally day by Mrs. Marckwardt, the Dem-
friendly relttions between Argen- ocratic hopeful, she asked Gilbert
tina and Israel will be advanced." Bursley and William Scheel to re-
The resolution appeared to be veal their positions concerning
headed for solid council support. Sallade's record in the House.
Britain's Sir Pierson Dixon said Sallade, who quit his race for
his country warmly supported the lieutenant governor because of the
United States amendments. He implications of a petitionary tech-
urged Israel and Argentina to use nicality "unmistakeably revealed
the friendship which has served the existence of a faction within
both countries so well to bridge the Republican party," she said.
their present differences. "My purpose in issuing this
Soviet delegate Arkady A. Sob- statement is to pry issues out of
olev criticized Argentina for fail- these men. So far neither of them
ing to arrest Eichmann as a war have given opinions on this matter
criminal. or many others. I can't start my
He charged Argentina with campaign unless I know what my
giving refuge to many Nazi war opponents believe. I will have to
criminals. But he said her posi- draw them out," she said.
tion in favor of respect for na- "Personally, I think Sallade's
tional sovereignty was shared by record is wonderful. Here is a
the Soviet Union. man who voted according to his
own conscience. He was an honest

President Dwight D. Eisenhower
flashed word to Ambassador
Douglas MacArthur II in Tokyo
to sign the hotely-disputed Jap-
anese-United States security pact
within minutes after the Senate
ratified it.
Eisenhower acted in keeping
with a secret White House plan
of action he approved just before
leaving Washington on his swift-
moving Asian tour 10 days ago.'
The exchange makes immediately
effective a new alliance linking
k Asia's most powerful economy with
the West.
With the exchange one of the
bitterest political fights in Japan
passed through its climactic act
but the issues raised in a month
and three days of rioting un-
doubtedly haunt the alliance.
The exchange-staged against
a background of month-long left-
1st riots attempting to drive Japan
into neutrality - makes immedi-
ately effective a treaty continuing
American military bases in Japan
another 10 years.
Japan's entire left wing-Com-
munists, socialists, radical stu-
dents - and some conservative
Japanese fear the treaty and the
bases it provides could involve
Japan in an East-West conflict
that this nation had no part in
making.
The violence of the leftist dem-
onstrations agains tthe pact forced
Japan to cancel President Esen-
bower's scheduled visit here last
y week.
The exchange began at 10:10
a.m., and was completed at 10:13
am.
"This i a significant day in the
history of our two nations,"
United States Ambassador Doug-
las MacArthur II said after sign-
ing for America.
Foreign Minister Alichieo Fuji-
yama, signing for Japan, stated:
"I am convinced the new treaty
will place the friendly relations of
the two countries on a more dur-
able basis and contribute to peace
in the Far East."
'U' Enrollment
For Sumuner
Parallels '59
Enrollment for the summerses-
sion looks about the, same as last
year, according to Edward 0.
roesbeck, director of the Office
CCof Registration and Records.
By Monday, the first day of
clsea total of 8,593, including
an estimated 800 in extension cen-
ters, had enrolled in the Univer-
sity's credit programs.
Last year the comparable figure
after the first day was 9,185, but
included an estimate of 1300 in
extension courses, a number that
proved too high.
The total in residence credit
programs was 7,793, slightly less
than last year.
As usual, the graduate school
was the most popular college in
the University, with 3,203 students
enrolled. It was followed by 1,053
In the literary school.
Dearborn Center, opened last
11: has . 73 sumnme studens to

-AP wirephoto
HAPPY SENATORS--Sens. Everett Dirksen (R-Il), William
Fulbright (D-Ark) and Lyndon Johnson (D-Tex) pose outside
the Senate chamber yesterday after the security pact with Japan
was ratified by the Senate, by a vote of 9-2.
THE RULE OF LAWT
Part u : The Judicial Process
(EDITOR'S NOTE: This seven-part series reports the current Law
School lecture series on "Post-War Thinking about the Rule of Law")
By FRED STEINGOLD
The idea that judges find and apply law is largely a fiction
-but a valuable fiction-Prof. Luke K. Cooperrider said yes-
terday. ,
In his discussion of the judicial process, the Law School
lecturer said pragmatic critics during the last fifty years have
shown that the judge actually has a hand in shaping the law.
Still, Prof. Cooperrider said, it is important for the judge to
maintain a traditionally judicial attitude in approaching his
task and this includes "the subordination of his judgement to
that of the collectivity of his predecessors" and a "primary re-
liance on a reasoned extrapo-
lation of. accumulated experi-
ence."
The meaning of the Rule of
Law is elusive, Prof. Cooper-
rider said; many lawyers and
judges see it primarily as a
limitation on the executive and
legislative branches of govern-
ment. "One might gain the im-
pression that the Rule of Law
had been defined primarily in
terms of ultimate rule by law-
yers and judges."
Taken literally, the Rule of
f Law suggests the judges not as
the law but as the ultimate
reference, the professor said.
f "Men believe In the depths
of their beings that they have
rights, that those rights .are
described by law, and that al-
though their rights must from
time to time be determined,
they should not in the process
be affected by the fiat of any
person."
Despite extensive criticism of
the view that judges simply
find this law and apply it, the critics haven't accounted satis-
factorily for the influence which law exerts on the decision of
a case, according to Prof. Cooperrider.
It is true, he said, that "law in itself cannot rule or control
anything or anybody." But, he continued, "the great bulk of
(the ideas which constitute the law) are already given when the
particular judge or lawyer comes upon the scene.
"The process by which the ideas of which the law consists
are originated and given their imperative nature has generally
been call legislation'," Prof, Cooperrider explained. Hie pointed
out that the term at one extreme means the formulation of
basic social policy and at the other extreme the filling in of
details to carry out that policy.
While legislators have traditionally created policy, and
judges have filled in the gaps, the frontier between the judicial
and legislative function is becoming increasingly vague, Prof.
Cooperrider said.
Once the notion takes hold that judges in the past have
unconsciously changed the law, arguments favoring legal re-
form might consciously be addressed to lawyers and judges
rather than legislators, Prof. Cooperrider warned.
"The most obvious comment upon such a development is
that it works a basic alteration in the relationship between
people and government by the will of the officials concerned,
with no review by any other body, no reference to the people,
and probably, because of the
esoteric nature of the change,
without widespread knowledgef
that it has occurred."
In conclusion, Prof. Cooper-
rider said: /
"The Rule of Law is at most
an ideal. It can neither be
demonstrated nor enforced, but

shortly after midnight. They
streaked into orbit aboard a two-
stage Air Force Thor-Able-Star
rocket.
Separate In Orbit
The 42-pound radiation satel-
lite, a 20-inch-across aluminum
sphere, rode clamped to the 232-
pound navigation vehicle, a sphere
36 inches in diameter. They sep-
arated automatically when they
went into orbit, with the smaller
one traveling ahead. Very gradu-
ally, the gap between them
widened and the radiation satel-
lite moved into a slightly larger
path.
After precise calculations, offic-
ials said the orbit ranges from an
outermost limit 563 miles from
earth to within 460 miles of the
planet. They figured each swing
around the earth takes 1011 ,
minutes.
The course was slightly off ad-
vance planning but the officials
dismissed this variation as unim-
portant.
Scientists Happy
At a news conference about 11,
hours after the launching, Navy
and Air Forcehscientists were all
smiles, hailing the experiment as
a success.
Read Adm. Thomas F. Con-
nolly, of the Navy's astronautic
department, told newsmen here
this means the United States is
"moving into space for real"; that
now "we can get devices up there
and use them."
Commander R. F. Freitag, a
member of the astronautic group,
said lofting two vehicles with a
single rocket means, too, that
from now on "a lot more payloads
can be put up with fewer boost-
ers."
The navigation satellite--
named Transit II-A-is the sec-
ond such research vehicle to go
up. It is an advanced model of
the Transit I-B which was placed
in orbit last April 13. They are
following different courses in
space.
Freitag said experiments with
the first transit satellite show
that navigators-taking bearings
by radio-could calculate their
positions within a quarter of a
mile. The aim is to shave the ac-
curacy to within one-tenth of a
mile.

Automation:
Problems
Of Shifting
The problem involved in the Job
displacement is "lubricating" the
shift to another occupation,, said
Ewan Clague in a panel discussion
last night entitled "Automation:
Menace or Necessity."
Members of the panel included
Prof. William Haber of the eco-
nomics department, Prof. J. Philip
Wernette of the business school,
and moderator George Odiorne.
Prof. Wernette pointed out that
in some cases, automation merely
meets the demand of a labor
shortage.
He cited the example that if we
went back to the old operator
system of requesting numbers
rather than dialing, the entire
female population of the United
States would be needed to fill the
demand. He added that if, how-
ever, the entire female population
were thus busily employed, the
number of telephne calls would
rapidly decrease.
The panel agreed that the gains
from automation:more tan out-
weigh the losses. A reduction of
"back-breaking, sweat - producing
toil," a higher standard of living,
and more leisure are brought
about through automation and
other managerial and technologi-
cal changes.
The crux of the problem of job
displacement that is directly
caused by automation is its rate,
Prof. Haber emphasized. Clague
contended that if the rate of ab-
sorption of men d hsplaUed into
expansion Jobs could equal the
number that were being dropped,
the transition could be accom-
plished without individual catas-
trophes.
He pointed out that during ex-
pansion both productivity and Jobs
increase. Unemployment seldom
occurs in automated factories but
in the nonprogressive factories
which can not compete, he said.

PANEL-

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Two Stores
Desegregate
ARLINGTON, Va. OP) - An F.
W. Woolworth & Co. outlet and
branches operated here by two
Washington department stores
said yesterday they are offering
lunch service to' Negroes on a de-
segregated basis.
Officials of two large retail drug
store chains - Peoples and Drug
Fair -- operating in Washington'
and in nearby Virginia and Mary-
land, said they, too, will provide
desegregated lunch counter serv-
ice in their Arlington outlets.
The action, first announced by
Woolworth concerning its store in
Shirlington, an Arlington shop-
ping center, was followed by the
Lansburgh's and Kann's depart-
ment stores.
Subsequent to the announce-
ment by Woolworth, a group of
eight Negroes and three white stu-
dents entered the company's store
in Shirlington and were served
food without incident.

and excellent legislator, which is
better than one who votes the
partisan line because it is the par-
tisan line, whether it is right or
wrong."
Bursley answered the Marck-
wardt statement by saying, "Al-
though I disagree with Sallade on
a political basis, I would have been
very happy to have him In the
primary for he certainly would
have drawn more voters to the
polls.
"If we are to develop effective
representation in state govern-
mrent, however, we must divorce
ourselves from the petty per-
sonality questions and narrow par-
tisanship which have existed in
Lansing in the recent past."
Scheel, of Salem Township, said
he agreed with Sallade "on about
a 50-50 basis. I think he could
have been a little more diplomatic
in his affairs. You can't get too
far keeping a chip on your shoul-
der. Someone will knock it off for
you."
Asked about Mrs. Marckwardt's
charge that he had been leading
a passive campaign, Scheel said,
"She's entitled to her opinion even
if it may not be a true one.

NEW YORK ()-Mayor Robrt
F. Wagner yesterday banned a
Fourth of July rally by an Ameri-
can Nazi group.
His action came shortly after
the self-styled Fuhrer ofthe
movement, George Lincoln Rcek--
well, was the .target of a near
riot at a court hearing.
"This is an invitation to ,riot
and disorder from a half-penny
Hitler," Wagner declared In turn-
ing down a permit for Rockwell's
proposed holiday rally in Union
Square by his American Nazi
party.
The 41-year-old Rockwell, for-
mer Navy aviator, is a printer of
anti-Semitic literature and cur-
rently is under investigation in
Washington as a possible sub-
versive.
Stoning Threat
"Left to their own devices, the
people of the city hall will stone
Rockwell out of town," .Wagner
said after a conference with Parks
Commissioner Newbold Morris.
Rockwell applied three weeks
ago for a permit to hold the rally.
Morris said he would grant -it
unless police advised- him not to,
on grounds of freedom of speech.,
In overruling Morris, however,
Wagner told reporters:
Law and Order
"I'm taking this position as a
man responsible for seeing we
have law and order in this town
and it is not a question of free-
dom of speech."
Rockwell's original application
sparked a wave of protest from
Jewish, veteran, labor and civic
groups. It culminated yesterday
in a stormy hearing in state su-
preme court in downtown Man-
hattan.
There, outside the courtroom,
about 150 demonstrators surged
toward Rockwell, spat upon him
and sought to get their hands on.
him.
"Throw him out," they cried,
and, "you want to gas all Jews."
Flies to Washington
Court officers hustled Rockwell
into an anteroom before any one
was hurt. Later, he was escorted
to LaGuardia Field where he
boarded a plane for Washington.
Pickets paraded outside the
court building as they did later
outside of city hall during the
conference between Wagner and
Morris. Their signs read, 'No per-
mit for Killers."
Yesterday's hearing before jus-
tice Vincent A. Lupiano was on
the petition of groups seeking to
block the July 4 rally. He reserved
decision on their plea because of
its impending meeting at City
Hall-and Wagner's ban on the
Nazi gathering made the court
hearing academic.
In court, Rockwell said in de-
fense of his group:
"Contrary 'to newspaper reports
we are not trying to exterminate
anyone. We are trying to eliminate
Communism.
Theatre Group
Still Working
For Players
Plans for a proposed repertory
theatre in Ann Arbor will not ma-
terialize this summer, Prof. Wil-
fred Kaplan of the mathematics
department, head of the local
committee for establishing the
theatre, said.
The theatre, headed by Tyrone
Guthrie, Oliver Rea, and Peter
Zeisler, had been considering two
sites besides Ann Arbor, and an-
nounced in May that it had de-
cided to go to Minneapolis.
Although the play company's
spring decision was disheartening,
Prof. Kaplan says that the steer-
ing committee is still "very much

alive" and is trying to find other
means of establishing a perma-
nentrprofessional theatre in Ann
Arbor,
Since 1951, various possibilities
for a professional acting company
in Ann Arbor have been investi-
gated, and in January 1959, Louis
Simon, a member of the board of
the American National Theatre
and Academy said that he found
the theatre situation in Ann Ar-
bor "highly encouraging."
The following September Guth-
rie, Rea and Zeisler announced a
plan to start a repertory theatre
in some American community
other than New York, and last
November Guthrie and Rea vis-
ited Ann Arbor to state specifi-
cAons for such asventure.
After their visit, the steering




LABOR COMMISSIONER CLAGUE:
Imbalance Seen in U.S. Labor Force

BY CONNIE MAHONSKE
"The national labor force of 1980 will be imbalanced," mid Ewan
Clague, United States Commissioner of Labor Statistics, was the
."- 

pect

i!

Claque, United States Commissioner of Labor Statistics, was the
first speaker in the summer program of lectures entitled "Social Im-
plications of Economic Change."
There will be a decline in farming occupations, in unskilled labor
and the number of work hours, Clague predicted. He formulated two
problems which must be answered in the next decade:
1) How to integrate the flood of youths into the imbalanced
labor force.
2) How to encourage flexibility, imagination and daring into
the increasing percentage of older employees so that they will be
able to adapt to the increasing rate of socio-economic changes,
Flood Of Youth
The labor force of 1960 will be flooded by youths requiring prac-
tical experience and retain an increased percentage of older workers,
Clague said. "There will be a shortage of workers in the prime of
life."
Predicting an increase in the percentage of professional openings,
he noted that occupational needs will demand more educational