THE RULE OF LAW
Part IV: The Supreme Court
(EDITOR', 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 Supreme Court's most effective contribution to the
Rule of Law in recent years is found in its decisions dealing
with basic rights of the individual, Prof. Paul G. Kauper said
yesterday.
In his remarks before a Law School audience, the consti-
tutional law expert treated the Supreme Court as both an in-
strumentality which develops the Rule of Law and an institu-
tion governed by that Rule.
According to Prof. Kauper, the Supreme Court's basic
rights decisions spring from two sources: (1) the rights express-
ly protected as against government action in the Constitution
and the 'Bill of Rights; and
(2) the so-called fundamentas
rights which the Court has
-read into the Due Process
clause.
The high tribunal, Prof.
Kauper said, is emphasizing
procedural rights (particularly
of those accused of crime); the
substantive freedom of expres-
sion; and the right to equal
protection.
Prof. Kauper contrasted this - :
Interest in protection of indi-
vidual rights with the decline
of economic liberty as a funda-
mental right.
The heightened emphasis
upon these basic rights, the
professor said, "indicates con-
cern for the central values of
a democratic society, namely,
the worth and dignity of the"
individual and the opportunity
for free expression of ideas and
beliefs, both because free expression is vital to the development
of the individual and because it is indispensable to the political
freedom of our society.
"On the other hand, the determination of basic economic
policy is a matter reserved for the people through their elected
representatives. What is important here is the people's right
to be heard on those matters and to have a voice in the decision
remain unimpaired."
In considering the second aspect of his topic-the Supreme
Court under the Rule of Law-Prof. Kauper observed that un-
restricted power to interpret the Constitution would result in
a judicial oligarchy.
Prof. Kauper said that self-restraint and a respect for
public opinion keep the Court within safe bounds.
Over the long run, he said, the Supreme Court responds
to changed climates of opinion and so the nation's ultimate
policies aren't determined by the judiciary.
Prof. Ka.per said that, although flexibility of interpreta-
tion has played an important role in preserving the vitality of
the Constitution, "stability and steadfastness of the Court are
important if the notion of a fundamental law is to serve its
purpose and if the Court's reputation as a judicial tribunal
operating within the framework of a controlling tradition is to
prevail."
In this regard, Prof. Kauper criticized the tendency of
some members of the Court to "vigorously if not aggressively"
push their own, private values.
He called for adherence to
- judicial - disinterestedness and
neutrality.
In conclusion, Prof. Kauper
said that in recent years the
Court has often failed to de-
velop meaningful principles of
interpretation. He cited sev-
eral groups of cases to make
his point and said:
"A process of deliberate ar-
gument and reasoned opinion,
fortified by meaningful prin-
; ciples of interpretation, is the
rronly process consistent with
the importance and dignity of
the Court's high position and
compatible with the Court's
responsibility as an organ of
government subject to the Rule
PROF. PAUL G. KAUPER of Law."
... rule of law (Tuesday: International outlook.)
SOCIAL POLICIES:
Morse Expeeted To Talk
At Conf erenece on Aging
Sen. Wayne Morse (D-Ore.) will be one of the major speakers
at the University's 13th annual Conference on Aging next Monday
through Wednesday.{
"Aging in the Sixties-Decade for Action" will be the theme of
this year's conference, which is expected to attract between 400 and
Seventieth Year of Editorial Freedom
t1
VOL. LXX, No. 5S
ANN ARBOR, MICHIGAN, SATURDAY, JUNE 25, 1960
FOUR P
I
University'
Develops
Soviet Threatens
To
Halt TalkE
Army Aid
Army combat troops will now
be able to use a new, portable
radar system that is capable of
looking far behind enemy lines
and providing photographic plots
of battle information.
Announcement of the develop-
ment came from the Department
of the Army yesterday. The radar
system is based on designs de-
veloped by the University's Project
Michigan, with experimental mod-
els built by an Ann Arbor en-
gineering firm.
Project Michigan is housed at
the Willow Run Laboratories and
has been established as a perma-
nent research and development
program aimed at increasing the
Army's efficiency and accuracy in
combat surveillance and target
acquisition.
The new radar system will be
capable of determining major
shifts in enemy movements by
sweeping in a 25 mile semi-circle
behind enemy lines and taking
periodic photographic plots. The
radar readings on the plots will
detect deployment and patterns of
troop movement with a large de-
gree of accuracy.
The weight of the entire system,
including antenna, is approxi-
mately 600 pounds. In order to
make use of a low - frequency
scanning signal with greater pene-
tration of brush and foliage, the
antenna is somewhat larger than
those used by orthodox battlefield
radars.
Helicopters would be used to
move the system in actual com-
bat situations. After transporting
the radar to a point overlooking
enemy terrain, a three-man crew
is sufficient to set up the three-
piece antenna and assemble the
equipment.
Extremists
Protest Pact
TOKYO 4P -The extreme left
seized on the 10th anniversary of
the Korean War yesterday as a
fresh cause to demonstrate against
Japan's new military alliance with
America.
The Communist Party and sev-
eral pro-Red labor and propaganda
groups scheduled a downtown rally
followed by a parade to the United
States embassy with slogans such
as "American forces, get out of
South Korea . . . get out of
Japan."
The demonstration aimed to
warm up the old Communist claim
that South Korea invaded North
Korea with American backing 10
years ago today-a claim fre-
quently accepted by neutralist-
minded Japanese.
Pro-Red North Korean residents
of Tokyo planned a separate rally
to air such propaganda and agitate
against United States bases.
United States troops were au-
thorized to remain in Japan for
at least another decade by the
security pact that went into effect
Thursday.
The demonstrators were not ex-
pected to approach the scale of
last week's or of another mass
protest scheduled July 2. Left-
wing groups plan to mobilize
300,000 marchers then to press for
immediate dissolution of the Diet
(parliament) and new elections,
and for candidates who want
Japan to declare the treaty in-
valid.
In
Geneva
While
Ike
in
Office
y.
House Told
Reds Intend
Cuba Bases
WASHINGTON () - Members
of Congress urged yesterday that
the Organization of American
States act to prevent the Russians
and Chinese from using Cuba as
a beachhead for Communist pene-
tration of the Western Hemi-
sphere.
United States Information
Agency Chief George V. Allen told
a House group the Soviets may be
angling for military bases in this
hemisphere.
Sen. Kenneth B. Keating (R-
N.Y.) declared that Communist
activity in Cuba poses the boldest
challenge to hemisphere freedom
that "we have known in 60 years."
Speech Applauded
Other senators applauded Keat-
ing's speech and Sen. George A.
Smathers (D-Fla.) said there no
longer can be any doubt that Cuba
under Fidel Castro is in effect a
Soviet satellite.
Rep. Paul C. Rogers (D-Fla.)
said something must be done "be-
fore it is too late and we find a
Russian satellite nation situated
only 90 miles from our coast in-
filtrating into all friendly gov-
ernments of Central and South
America."
At the State Department, Secre-
tary Christian A. Herter told his
news conference the United States
intends to present to the OAS'
inter - American peace committee
new evidence against the Castro
regime. He indicated the step
would be taken in August.
Create Strife
Other officials said the evidence
will be aimed at showing Castro
has been trying to create strife
in the Caribbean region.
Allen, testifying before a House
foreign affairs subcommittee, said
"the Cuban revolution, with its
extreme leftist overtones, has
opened the door to increased Com-
munist penetration of this hemi-
sphere."
Allen suggested Russia - which
long has smarted over United
States bases ringing the Com-
munist empire - may now have
decided "two can play at this
game and they can start operating
in our backyard."
Cuba Implied
Allen did not say just where the
Russians might try to plant a
base, but the implication was he
meant Cuba.
Keating's statement reported
"a steady movement of Soviet en-
gineers and technicians bound for
the Caribbean through East Ber-
lin; their main project to be con-
struction of an airstrip on the
Southern coast of Cuba, with a
12,500-foot runway, near Matan-
zas.,
The New York senator said the
project is masked as a program of
economic aid.
Reports of such Communist ac-
tivity in Southern Cuba have been
circulating for about a year, but
have never been verified.
At the Pentagon, it was said
there is no knowledge here of any
airstrip being built in Southern
Cuba, but that a ship or sub-
marine base might be under con-
struction there.
-AP wirephoto
MEDDLING-United States Secretary of State Christian A. Herter accused Red Premier Nikita
Khrushchev of interfering with our internal affairs by advising Americans of the choice of a president.
Herter-" Charg"es Red Meddfintg
WASHINGTON P) - Secretary
of State Christian A. Herter yes-
terday accused Soviet Premier
Nikita S. Khrushchev of meddling
in United States internal affairs
by advising Americans on the
choice of a president.
Herter also voiced confidence
that Japan's basic good will and
alignment with the West will con-
tinue despite the rioting over the
new U. S.-Japanese treaty and
Ben-Gurion
Would Meet
AMSTERDAM (P)-Prime Min-
ister David Ben-Gurion of Israel
said yesterday he is willing to
meet President Arturo Frondizi of
Argentina to discuss the United
Nations decision on the Adolf
Eichmann case.
But there appeared little like-
lihood the two leaders would get
together,
"If Argentine President Fron-
dizi expresses the wish I would be
very glad to meet him if I am
still available in Europe," Ben-
Gurian said in an interview for
the Dutch radio.
Frondizi said he was "favorably
impressed" with the UN Security
Council's endorsement last night
of Argentina's contention that the
seizure of Eichmann by Israeli
agents on Argentine soil violated
Argentine sovereignty.
While the council resolution
called on Israel to "make appro-
priate reparation" it did not ask
for Eichmann's return to Argen-
tina as Argentina had demanded
earlier.
cancellation of President Eisen-
hower's planned trip to Tokyo.
The secretary spoke of a real
deep-seated difference between
Russia and Red China over Com-
munist ideology, though he said
it is impossible at present to tell
whether this will split the Com-
munist bloc.
News Conference
Speaking at his first news con-
ference since the summit blowup
and Eisenhower's Far Eastern
trip, Herter took a moderately
optimistic view of the nation's
foreign affairs. He said America's
alliances seem stronger than ever
despite the U2 plane incident.
The question of Khrushchev's
suggestions on the United States
presidential election came up
when a newsman asked whether
it made any difference to the
Communists which party wins in
November.
Khrushchev, who has been
making a big point of not dealing
with Eisenhower any longer, has
been advising United States voters
Assassination
Attempt Fails
CARACAS, Venezuela (M)-Hid-
den assassins sparked off a dyna-
mite blast by remote control in
a parked car alongside Venezuela's
President Romulo Betancourt to-
day, but he escaped with only
minor injuries.
Fearing a widespread revolu-
tionary plot, the government
quickly sealed the borders and
halted air travel.
The Cabinet was called into
emergency session.
to pick someone whom the Krem-
lin can do business with.
The Soviet leader hasn't backed
any particular candidate but has
made especially plain his dislike
of Vice President Richard M.
Nixon, the prospective Republi-
can nominee.
Herter said Khrushchev's sug-
gestion "comes to about as close
as interference in the internal
affairs of a country as anything I
could describe."
Dearborn Unit
Opens Doors
For Summer,
The Universtiy's Dearborn Cen-
ter opened its first summer ses-
sion Monday.
Seventy full-time students are
enrolled in the work-study pro-
grams in businesss administration
and engineering, spending alter-
nate semesters on campus and on
selected work assignments in busi-
ness and industry.
The summer session, which will
end September 30, will bring to
an end the year of operation under
a pilot program during which
budget limitations restricted the
academic offerings.
An expanded curriculum will be
offered when classes open October
3 for the fall semester. The Center
will add electrical engineering to
the work-study programs, and also
will offer liberal arts and teacher
certification courses on the sec-
ondary and elementary 'levels.
Dearborn Center's budget has
been increased by $182,000 for the
1960-61 year, according to W. E.
Stirton, director of the Center.
The increase will be used to en-
large the staff to take care of the
expanded program.
Full - time enrollment is ex-
pected to reach at least 200 stu-
dents in the fall. An additional
700 to 1,000 will take credit courses
through the Extension Service.
All Dearborn Center courses
start at the junior year. Fees for
a full-time program on campus
have been increased to $140 a se-
mester for Michigan residents and
$375 for non-residents. A work-
study semester costs $65 for Michi-
gan residents and $170 for non-
residents.
State College
Boards Grow
Coordinated administration of.
all public colleges and universities
within a state by a single, state-
wide board is increasing, accord-
Zorin Say
Red Patience
Cannot Last.%
Officials Pressure
West Unofficially
Through Newsmen
GENEVA (/) - The Communist
bloc threatened yesterday to break,
off the 10-nation disarmainent
talks until after'President Dwight
D. Eisenhower is out'of office,
Soviet Deputy Foreign Minister
Valerian A. Zorin told the West-
ern powers the Soviet bloc had
shown "maximum patience" dur-
ing the disarmament talks but
warned "this marking time can
not last endlessly."
Several Soviet bloc officials, in
an apparently concerted move to
put propaganda pressure on the
West, told newsmen they were now-
convinced nothing could come of
the talks so long as Eisenhower
remains in the White House. The.
Communist delegates - refrained,
however, from any such reference
during the formal meeting.
Accuses U.S.
Zorin accused the United States
of using the conference as a screen
for intensifying the arms race and
of seeking unilateral military ad-
vantages. Zorin ignored the Wash-
ington trip of the United States
chief delegate, Ambassador Fred-
rick M. Eaton, to seek means of
saving the stalemated confer-
ence.
As Eaton was flying back to
Europe with a new Western plan
for a world disarmament treaty,
Zorin declared:
"The Uo94 tates governme t
did not prepare any new propsal
on disarmament for the summit,
conference, nor does it have any
new proposals now."
'Hypocrisy'
Zorin's blast was preceded by a
rambling speech from Czech De-
puty Foreign Minister Jiri Nosekl
who accused the Western delega-
tions of "hypocrisy" and called the
American delegation "double-
faced."
Nosek said the United States.
delegation was "trying its utmost
to frustrate 'constructive discus-
sion on instructions by its govern-
ment . .. which sees its goal not
In disarmament . .. but In con-
tinuous feverish armaments and
systematic provocations against
the Socialist countries."
British Minister of State David
Ormsby-Gore told the conference
indignantly Nosek's "unsubstan-
tiated charges" would not have
been permitted in any Western
parliament.
Acting United States delegate
Charles C. Stelle protested that
"charges against other delegations
of obstructing the conference are
not calculated to assist in the pro-
gress or to promote the atmosphere
necessary for serious negotiations"
New Republic.
Elects Leader
LEOPOLDVILLE, Belgian Con-
go ()-Joseph Kasavubu, who
styles himself as a Gandhi-like
foe of African colonialism, was
elected president of the new Con-
go Republic yesterday.
He will share power with his
chief political rival, Patrice Lu-
mumba, the newly confirmed pre-
mier.
As the departing Belgian col-
onial rulers had hoped, the com-
promise making Kasavubu chief
of state and Lumumba chief of
government brought together the
two major political factions whose
separate ambitions carried a
potential of violence. The main
problem now is whether they will
work together.
Belgium is quitting the Congo
next Thursday and turning auth-
ority over the 13 million people
to Lumumba and Kasavubu.
Kasavubu, using the non-vio-
lent civil disobedience tactics of
the late Mohandas K. Gandhi in
the war against colonialism, has
been jailed by the Belgians in the
past as an agitator.
500 experts from such fields as;
medicine.
Morse is scheduled to discuss'
Democracy" after the conference
the Union Ballroom. Conference
which recommendations to be
developed at next year's White
House Conference on Aging can
be implemented in programs for
the aged on national, state and
local levels.
Dr. James Watt, director of the
National Heart Institute and
Special Assistant on Aging to the
Health, Education and Welfare
secretary, will open the sessions
at 8:45 p.m. Monday in the Union
Ballroom. Dr. Watt, the govern-
ment's top expert on problems of
the aged, will speak on "The
White House Conference on Aging
-Keynote to Action."
Dr. Elaine Cumming, assistant
director of New York state's Men-
tal Health Research Unit, will
discuss "Bringing About Change
in Social Institutions and Values"
at 8:30 a.m. Tuesday in the Union
Ballroom.
The final featured speaker in
the two-day session will be Bar-
hnarn h~ied1A vhairwman ,f Ad.
government, industry, labor, and
"Social Policies for Old Age in A
banquet at 6:45 p.m. Monday in
members will consider ways in
CAMPAIGN AGAINST THEFT:
Bicycle Licensing Enforced on Campus
The second stage of the University office of student affairs'
bicycle control program is to insist on current licensing of all
bicycles.
"We have found that this is the only way to maintain a tidy
state of affairs," Vice-President James A. Lewis said.
"This past year we concentrated on reducing the tendency to
use bicycle racks as storage and on clearing away bikes that have
been abandoned or forgotten in the racks."
During Christmas and spring vacations and in the first two
weeks of this month, he continued, hundreds of bikes, including many
that had been there for years, were removed and impounded.
"Fifty per cent of these abandoned bikes had been stolen," Lewis
disclosed, "and now we're returning them to their original owners."
Lewis gave several reasons for the programs' insistence on
current licensing:
1) bicycles will not be stolen if they must be registered for a
hf T'~"E