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VO L=XNo. 4S ANN ARBOR, MICHIGAN, FRIDAY, JUNE 24, 1960 FIVE CENTS
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THE RULE OF LAW
-AP Wirephoto
EICHMANN DEBATE-The Security Council decided yesterday that with the abduction of Adolph
Eichmann, Israel, represented by Golda Meir, violated the sovereignty of Argentina, whose delegate
is Mario Amadeo. However, it was specified that the positive vote against Israel does not mean that
Eichmann must be returned.
May Accept Israel's Apology
BUENOS AIRES () - Argen-
tina's Undersecretary for Foreign
Relations, Miguel Angel Centeno,
indicated last night that Argen-
tina might accept Israel's apol-
ogies as adequate reparation in
the Eichmann case.
Centeno is acting head of the
Foreign Office here while Foreign
Minister Diogenes Taboada is in
Europe with President Arturo
Frondizi.
Centeno said that in a few days
Argentina will express its official
viewpoint over the vote in the
UN Security Council, but Cen-
teno did not say whether ade-
quate reparations meant return-
ing Eichmann to Argentina.
The United Nations Security
Council decided yesterday Israel
acted illegally in gaining custody
of Adolf Eichmann, but sidestep-
ped any direct call for his return.
Medical Bill
Clears House
WASHINGTON (P) - With an
eye to the old folk's vote, the
House yesterday passed 380-23 a
bill that would create a very lim-
ited Federal-state program of
health-hospital care for elderly'
persons unable to pay heavy med-
ical bills.
The lopsided vote-244 Demo-
crats and 136 Republicans were
for the bill, 16 Democrats and
seven Republicans against-was
not considered an accurate reflec-
tion of sentiment for the skeleton
program itself.
Rather, it indicated widespread'
belief that this bill could become'
the framework on which the Sen-
ate might build provisions of
either of two much broader and
rival plans-one backed by the
Eisenhower administration, the
other by many Democrats and or-
ganized labor,
Ends Haggling
The bill passed by the House
was the only one on which the
House Ways and Means Commit-
tee could agree in eight weeks of
haggling. It came to the House on
a take-it-or-leave-it basis..
' The House took it, for to have
done otherwise would have killed
chances for any health care leg-
islation this election year-and'
heavy mail reported by congres-
sional offices earlier this session'
was taken to mean there was
widespread voter concern about
the issue.
As it is, the session is fast
drawing to a close and there is
some question whether enough
time remains to shape a final bill
that can clear Congress.
Part Of Package
The health care plan forms
only part of a package bill making
changes in various social security
programs.
As sent to the Senate, the
health - medical proposal might
benefit an estimated 500,000 to
By a vote of eight to nothing
with two abstentions the 11-na-
tion council approved a mildly
worded Argentine resolution aimed
at soothing that country's feel-
ings over the secret transfer of
Eichmann to Israel to face warE
crimes charges.
Poland and the Soviet Union
abstained. Argentina obtained per-
mission not to vote since it was
one of the parties involved in the
dispute. Israel is not a member of
the Council.
Asks Reparations
The resolution called on Israel
to make adequate reparations for
violating Argentine sovereignty.
The United States and Britain
made clear they did not see any
mandate for Israel to return Eich-
mann, as had been demanded by
Amadeo in a speech to the Coun-
cil Wednesday.
Amadeo Challenged
Both Israel and the Soviet Union
challenged Amadeo to clarify his
country's position on this point.
Amadeo replied that once the
resolution was adopted, it was up
to Israel and Argentina to ex-
amine it and take the necessary
measures for its implementation.
Most delegates took the view
that the Council had disposed of
the Israel-Argentine dispute, and
it was now up to these two nations
to settle any remaining differ-
ences in private consultations.
Summing Up
As one leading Western diplo-
mat summed it up:
"Argentina got approval of her
resolution and Israel gets to keep
Eichmann.'"
Israel readily admitted during
the two-day debate that Argentine
law was violated by last month's
seizure of Eichmann to face
charges in Israel as a top Nazi who
played a leading role in the kill-
ings of six million Jews during
World War II.
Before the vote Ambassador
Henry Cabot Lodge made clear
the United States believes the
resolution contained no call upon
Israel to return Eichmann to Ar-
gentina.
Lodge said the United States
considers that adequate repara-;
tion will have been made by the
expression of views in the Council
and the apology given by Israeli!
Foreign Minister Golda Meir for
violating Argentine law.
To Consider
Civil Liberty
The 1960 topic of the Univer-
sity's new Challenge program will:
be "The Challenge of American
Civil Liberties."
The major question will be sub-
divided into three or four minor
areas for a series of lectures and
discussions.
Possible subjects are racial dis-
crimination, the censorship rights
of state and national government,
academic freedom, religion, labor
and business, and foreign per-
ception of American civil liber-
ties.
The program will begin the
first week of school with an in-
troductory talk on the history of
American civil liberties.
November 18, 19 and 20 have;
been scheduled for major talks+
on each of the sub-topics by out-
standing men in the various fields.
Seminars led by members of the
faculty will precede the key talks.
The first of the regularly
scheduled summer meetings for
Challenge will be held at 7:30
p.m. Thursday at 523 Packard.
Anyone interested in the program
may attend.
Part III: The Executive Department
(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
Prof. Frank E. Cooper yesterday urged more effective con-
trol of independent regulatory agencies such as the Federal Com-
munications Commission.
Addressing a Law School audience on "The Executive De-
partment of Government and the Rule of Law," the administra-
tive law expert outlined a program for curbing abuses such as
influence peddling and excessive secrecy. Congress, he said,
should:
1) Reduce the area of untrammeled administrative discre-
tion by sharpening the legislative standards which guide the
agencies.
2) Require agencies to make
public the grounds for their de-
cisions and provide for effective
public participation in the rule-
making process.
3) Guarantee fair procedure
by separating functions within
the agencies and requiring deci-
sions to be based on matters of
record and not on informal con-
ferences with the party on one
side of a controversy.
4) Judicialize the decision-
making process by making
hearing officers, in effect, trial
judges or, in some agencies, by
vesting the judicial function in
a separate court.
"The agencies," Prof. Cooper
said, "have assumed a degree
of independence beyond the
effetive control of the legisla-
ture and the courts."
He called this development a
departure from the Rule of Law
under which judges exercise control over the judicial depart-
ment.
The professor said the departure is not a subversive attempt
to overthrow our philosophical ideals of government but,
rather, almost an accident-a result of a lack of careful sup-
ervision,
"When the procedural difficulties have been corrected, a
healthy change of attitude will follow," Prof. Cooper saja.
The chief procedural difficulties to which Prof. Cooper re-
ferred result from the failure of administrative agencies to
follow traditional judicial methods.
Getting more specific, Prof. Cooper listed several disparities
which, he said, "indicate a well-defined tendency on the part of
the agencies to depart from the norms that characterize our
Anglo-American rule of law."
According to Prof. Cooper, judges are steeped in long-
established traditions of impartiality whereas administrators are
appointed to administer broad policies of social or economic re-
form and therefore exhibit an active interest in the outcome of
cases pending before them.
Prof. Cooper also said that agencies tend "to emphasize (if
not magnify) their stature by
seeking to extend their jurisdic-
tion to the furthest possible f
limits. Not infrequently, theyy
press further than the legisla-
ture intended."a
There is, according to the Laws
School lecturer, a departure
from the Rule of Law when at-
titudes such as these are cou-
pled with such innovations as
secret, intra-agency memoran-
da which may be the basis for
"institutional decisions"
Prof. Cooper noted that Con-
gress originally delegated broad
powers to the agencies and sug-
gested that Congress therefore
should supervise the agencies
more closely if we are to avoid
"a tendency toward government PROF. FRANK E. COOPER
by men, and not by law." * , , executive in law
Socialists
Campaign,
In Japan
TOKYO OP) - The Socialist
party and its leftwing allies yes-
terday began a coordinated cam-
paign to drive Japan's Conserva-
tives from office and discredit the
new security treaty with America.
They denounced the pact as in-
valid.]
With Prime Minister Nobusuke,
Kishi on the way out and leaders
of his party struggling to choose a
new chief, the leftists outlined a
tactical plan ranging from politicalI
maneuvers to the familiar huge
demonstrations.
'People's Funeral'
Opening gun was a "people's
funeral" in downtown Hibiya Park
for MiThiko Kamba, the Tokyo
University coed trampled to death
June 15 in the leftist student
charge to the grounds of the Diet
(parliament).
Sponsors claimed more than 20,-
000 would turn out for the funeral,
to be followed by a march on the
Diet and police headquarters de-
nouncing Kishi and his govern-
ment as murderers of the girl,
whom the leftists have made into
a martyr.
Today factory and shop rallies
are scheduled, followed by a dem-
onstration of 60,000 around the
Diet tonight. On July 2 the So-
cialists and their allies will try
to bring out 300,000 backers, and
again send them shouting toward
the Diet demanding that the Con-
servatives clear out and new elec-
tions be held soon.
Socialist Allies
Allied with the Socialists in the
new campaign are the giant Sohyo
Labor Federation and the "Peo-
ple's Council Against the New
ISecurity Pact."
This group takes in diverse ele-
ments such as Communists, Soviet
and Communist Chinese friend-
ship societies, nuclear bomb op-
ponents, teachers, actors, writers,
and many other in a bid for sup-
port from a broader and more
moderate segment of the popula-
tion.
Many of council's members. not
all of them leftists, were active in
the demonstrations that forced
cancellation of President Eisen-
hower's visit.
Pact Effected
The new security pact went into
effect Wednesday. Kishi then an-
nounced that the major aim of his
3'-year-old government had been
accomplished and he would re-
sign shortly to create "a fresh
public atmosphere and a change
in the political atmosphere."
This caught the Socialists off
guard, but not for long. They
claimed the treaty is invalid be-
cause the Diet ratified it while
Socialist deputies were boycotting
the session. They called the sud-
den exchange of documents, com-
pleted only hours after United
States Senate ratification, a "dic-
tatorial" move.
Picket Group
Plans Action
University students and other
Ann Arbor residents who since
March 12 have intermittently
demonstrated against local stores
that allegedly discriminate, met
last night to survey their accom-
plishments and discuss future
plans.
Present at the meeting were two
students from Duke University in
Durham, North Carolina, who were
among 103 arrested in the recent
protests there.
The group listed in its accom-
plishments the amount of local
support they have gained-over
300 picketers, 2,000 endorsements
for their petitions against F. W.
Woolworth's alleged discrimina-
tory practices in the South, and'
$1,000 collected to assist Southern
movements.
This summer they plan to send
a periodical newsletter to mem-
bers of this and other groups, in
order to keep them informed on
Sub-Committee
Li~fts SuspensioInS_
Lubin, Hall on Probation for Year
Barred from 'U' Housing, Activitie
By KATHLEEN MOORE
The suspension of two students for allegedly leading la
April's food riot-panty raid has been lifted.
Mark Hall, '63A&D, and Stanley Lubin, '63E, will be a
lowed to re-enter the University in the fall, although the
will be placed on probation for the entire academic year.
The Faculty Sub-Committee on Discipline, which uphel
in April Joint Judiciary Council's decision after considerir
Hall and Lubin's petitions for re-admission.
"In view of what had been apparently exemplary cor
duct" on the students part since the April demonstratioi
the faculty group decided "to
lift the suspension so far as
it impairs their academic pro-
gress," Prof. John Reed, chair-
man of the group, said.
Barred From Housing
The probationary measure In
this case, he said, will bar the
students from living in any type
of University - approved group
housing in the fall semester, hold-
ing office in student activities or
groups and acting in group sports
and team play.
Reed reiterated the sub-com-
mittee's disapproval of the stu-
dents' actions in instigating the
demonstration that began in an
East Quadrangle dining room and
moved to the dormitories on the
Hill.
The group, he said, feels that
Hall and Lubin are "not really
responsible persons to le in a
position of group leadeship of
any kind," but hopes that their
year of probation will act as a
maturing influence on them.
Suspension Possible
Any further misconduct of any
kind thatrcomes to our attention"
could result in reinstigation of the
suspension, Reed said.
Both students expressed pleasure
at the decision when contacted
yesterday. Both are planning to
return to the University in the
fall.
Hall, whose suspension would
have meant a term of service in
the Navy, will retain his Naval
ROTC scholarship and is now
eligible for the NROTC summer
training cruise.
Movement
Backs Adlai*
WASHINGTON (P)-A nation-
wide movement to draft Adlai E.
Stevenson for the Democratic
presidential nomination was pro-
claimed yesterday.
The announcement came from
James Doyle of Madison, Wis., a
45-year-old lawyer who used to
be the Democratic Chairman in
his state.
Stevenson, the nominee in 1952
and 1956, has held back from an-
nouncing for a third try but has
made himself available.
Declaration
Doyle, at a news conference in
the office of Sen. A. S. Monroney
of Oklahoma, declared:
"As England responded to
Churchill, France to de Gaulle, so
America is prepared today to re-
spond to the leadership of Adlai
Stevenson."
Doyle figured there are Steven-
son organizations now in more
than 40 states and he is under-
taking the job of welding them
into a national force.
Requested by Five
He said he took on the job at
the request of Monroney and
these five other Stevenson sup-
porters: Mrs. Eleanor Roosevelt;
former Secretary of the Air Force
Thomas K. Finletter; Sen. John
Carroll of Colorado; former Sen.
Herbert H. Lehman of New York
and Mrs. Eugene Meyer, widow of
the publisher of the Washington
Post.
Doyle, in discussing strategy,
said he was convinced that neither
Sen. John F. Kennedy of Massa-
chusetts nor any other candidate
wmilt gn intn +he conventin at
PROF.VERA DUNHAM
... Soviet literature
Russian.Art-
Emphasizes
'Individual'
By MICHAEL OLINICK
"The voice of youth respecting
not shelter and not peace, but
respecting the dignity and poten-
tiality of the individual is being
heard as one of the three main
positions in Soviet literature to-
day," Prof. Vera Dunham, Wayne
State University, said yesterday.
The "Stalinists," the "Isolates,"
and the "Inbetweens" are the
terms Prof. Dunham used to de-
scribe these co-existent groups in
her lecture "The New Idealist in
Soviet Literature."
First in a series of summer
speakers brought to the Univer-
sity by the Committee on Russian
Studies, she chose to stress the
work of the "Isolates," the "Her-
mits of Russian literature."
Stalinists
"The Stalinists," she said, "are
the extreme social order boys who
appeared heavily and ponderously
after the relatively liberal cen-
sorship year of 1956.
"The in-between group are a
mishmash, a heterogeneous
group. They have, however, dem-
onstrated the revolution of the
social order by attempting some
serious analysis of this system."
The people, however, who are
really interested in the art of lit-
erature in Russia and are not just
"amplifiers or transmitters of the
party line" are the "hermits."
Main Problem
"Their main concern," Prof.
Dunham said, "is with the whole
complex problem of post-Stalin
youth. In perspective their big
change has been a shift to the
young intelligenstia and its re-
volt against the supremacy of
the collective and all its inherent
values."
, "The youth have a bitter strug-
gle. They are embattled against
the pressure of two generations,
Their grandparents are the ones
who made the Revolution and
their parents are the ones. who
betrayed its Marxist values." They
have been asked to abandon their
identity in idolatry to the state,
and they have refused.
She labelled their predominant
theme "Fabric of new ethics." In
much rof their nnetrv and fiction.
CYCLOTRON, SAB, COUZENS:
Construction Projects To Begin Soon
The campus construction pro-
gram for the summer includes
three projects: housing for the
University's cyclotron, the addi-
tion to the Student Activities
Building, and remodeling of West
Couzens Hall.
Bids are expected on the cyclo-
tron June 30; it is expected to be
finished by sometime next sum-
mer, according to John G. Mc-
Kevitt, assistant to the vice-presi-
dent in charge of business and
finance.
The SAB addition, which will
house such administrative depart-
ments as the admissions office,
the placement bureau, the veter-
ans' affairs office, the office of
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