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VOL. LXX, No. 8S
THE RULE OF LAW
Part VII : The Challenge
(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 basic problem in evaluating our system of law is identi-
fying and delineating our ultimate values, Prof. W. Burnett
Harvey said yesterday.
In the last of seven Law School lectures, the legal philoso-'
pher said: "The purest scientific method cannot make our ulti-
mate value choices for us, nor can it provide verification of the
choices we actually make.
"In the final analysis these choices depend on the individ-
ual's belief as to the nature of man-his place in the universe
and in society."
But, Prof. Harvey said, this view of ultimate value choices
shouldn't suggest a sense of futility, for "in the Judao-Christian
tradition of the West one finds
b r o a d a re a s of significant
agreement on ultimate values."
Among these "common value
acceptances" Prof. H a r v e y
mentioned: the value of man
as a creature of dignity and
essential worth; traditional
values of liberty and equality;
some assurance of the material
requisites of a decent life; and
the opportunity of the people
to participate significantly in
the control of their govern-
ment.
"In considering the means of
acceptable channeling of the
awesome power of the modern
state," Prof. Harvey said, "our
primary attention should be on
the ultimate values we accept
and intend to preserve."
Certain specific techniques
can maximize our chances of
ANN ARBOR, MICHIGAN, THURSDAY, JUNE 30, 1960
FIVE CENTS
FOUR P
Ike Plan A
For Aged +7m eni
Rejected S
GLACIER NATIONAL PARK,
Mont. (MP)-The nation's governors
rejected yesterday the Eisenhow-
er Administration's approach to
medical care for the elderly-with
a strong helping hand from Nel- U ited States P0P
son A. Rockefeller.
Swift-paced developments,
many of them tied together by ltclros akdtefnl
pltcal roots, mared teh fnaCalls Action
of the annual conference of the
chief executives of the 50 states.
Rockefeller deftly and definitely B
left himself free to desert the Re- There
publican colors in November, but WASHINGTON (P)-The United terms o
it was only for a time. The man last night denounced as niendous
who has been sniping heavily at ,,eworld, b
the administration, both on 'arbitrary and discriminatory" the about t
health insurance for the aged and seizure by Prime Minister Fidel boom, W
the issue of national defense, fin- Castro of the American - owned Populati
ally came out with a solid "will Texaco Oil refinery in Cuba. warned
not bolt" declaration. The State Department said the "Wec
Truman NoteTetaeDprmsadhe food to ;
Cuban government was guilty of fers, th
Word raced around the confer- "a naked seizure of property in
ence of Harry S. Truman's tele- contravention of norms of conduct concern
gram to Gov. James T. Blair Jr. by responsible governments." likely t
of Missouri, resigning as a dele- The seizure of the oil company's vantage
gate to next month's Democratic 26-million dollar plant in San- arger n
National Convention in Los An- tiago was ordered by Castro fol- of chan
geles. In its wake a new outburst lowing refusal of three companies he said,
of Kennedy-For-President talk -two American and one Dutch- ticularly
blazed up. British-to process Russian crude populati
No uncommitted Democratic oil bought from the Soviet Union
governors grabbed for a Kennedy with Cuban sugar.
bandwagon. But supporters of Begin
Sen. John F. Kennedy took Tru- Follows Charges tion Ch
man's action as an indication that The United States denunciation Growth,
the Massachusetts senator now is of the action followed American of thisr
all but sure of the presidential charges that Castro's government TheI
nomination and that the chances is disturbing hemispheric peace Tuadrup
of Sen. Stuart Symington of Mis- by what it termed "slander and tripled
souri are dead. hostile propaganda" against this doubled
Rejects Proposal country. there h
The conference rejected a In what amounted to an ac- rate as
watered - down, fence - straddling knowledgement that its policy of economi
proposal of its resolutions com- restraint toward Castro had been figuresh
mittee to go on record as urging a vain exercise, the State Depart- cause t
Congress merely to pass a law ment also accused the Cuban gov- centage
providing for "a, health insurance ernment of an "intense campaign populat:
plan for persons 65 years of age of distortions, half - truths and Immig
and over." It voted instead, across outright falsehoods" against the tion by1
party lines, for a medical care United States.
system within the framework of The hint of a switch in United
the social security program. States policy toward the leftwing D al
Rockefeller called a news con- Havana government was con-
ference. In effect he called again tained in an 11-page bill of par-
on Vice President Nixon to take ticulars filed with the Inter-Amer-
a more clear-cut stand on nation- ican Peace Committee, a fact-
al issues before the Republican finding unit of the 21 - nation
National Convention. And he up- Organization of American States
held his right to take a stand of (OAS). FARG
his own in conflict with the posi- Issues Statement nine a
tion of the Administration.,, 4ss i ne tpnightse
Si JU1I~ IthA OItL~1 t t
ca- Owned
Refinery
Dictator
by
Cuban
o
ULATION RISE:
ees Non-Economic Dangers
,y MICHAEL BURNS
Castro Says
More Goods
To Be Taken
is no cause for alarm in
f economics over the tre-
s population growth of the
but we must be concerned
he social effects of such a
W. Parker Mauldin of the
ion Council, New York,
here yesterday.
can produce quite enough
support double our num-
ree times our numbers. Our
is whether or not there is
o be any major disad-
associated with larger and
numbers."
history of America is one
ge, "very rapid change,"
and this has been par-
true in economic and
on growths.
Outlines Trends
ning his talk on "Popula-
.anges and Economic
" he outlined the history
nation's birth-rate trends.
United States' population
led from 1800 to 1850,
from 1850 to 1900 and
from 1900 to 1950. Thus
as been a decline in birth
the nation has improved
ically, but the absolute
have risen very greatly be-
he seemingly small per-
operates on such a large
ion base.
grants swelled the popula-
the millions as they real-
kota, Race
11 Close
3O, N.D. (/P)-Counting of
ditional precincts late last
ent Democratic congress-
Seizure
Follows
To Use
of U.S. Plan
Its Refusal
Russian Oil
I
securing and maintaining the "ideal of just law" according to
Prof. Harvey.
One technique is a written constitution postulating certain
fundamental rights of men. "Certainly such a device is not
essential to the attainment or preservation of the ideal of just
law, but there is a widening perception of its utility to this end."
Another technique is a system of checks and balances, Prof.
Harvey continued. "This provides a basis on which the action
of any one agency can be reviewed. It also opens up to popular
inspection and political response many of the most critical de-
cisions affecting the incidence of public force."
The third technique suggested by Prof. Harvey is a means
"for regularized and reliable modification of official action by
reference to the assertion of individual grievances and popular
demand."
Prof. Harvey cautioned that the devices for making gov-
ernment responsive to the people "lose their significance and
may ultimately disappear or be seriously distorted if they are
not cherished and used by a concerned and informed citizenry."
Acknowledging that much of his discussion had been nega-
tive in thrust-concerned mainly with limiting official power
-Prof. Harvey said that the affirmative aspect of the Rule
of Law must also be taken into
account.
In this regard he called for
government to be more creative
in attaining social goals. He
said:
"Governmental intervention
is not a panacea for all our
ills. But, in a complex techno- y'
logical society like ours, we will
encounter problems which de-
mand more vision, more re-
sources, more discipline and
sometimes more altruism than
we can expect from individuals
or voluntary associations.
"When such problems are en-
countered, we should not be de-
terred by any of the usual scare
labels from using the resources
of government and the instru-
mentality of law as a means to PROF. W. B. HARVEY
social progress." . .. challenge of law
-Daily-Thomas Winder
ECONOMIC GROWTH-W. Parker Mauldin, of the Population
Council, New York, said yesterday that the United States had
seen a decline in population rate and a rise in economic growth,
showing the two were not correlated.
NEA BODY:
Educator Lists Goals
For Teachers, Schools
'Local Group
Writes Reply
The Ann Arbor branch of the
National Association for the Ad-
vancement of Colored People Sun-
day unanimously approved a
communication to the chairman of
the Michigan Corporation and Se-
curities Commission and issued a
statement in reply to the local
Board of Realtor's stand on hous-
ing discrimination in Ann Arbor.
A proposed state ruling would
forbid real estate brokers and
salesmen to refuse to deal with
persons because of race, creed,
color, national origin or ancestry.
The Detroit Board of Realtors
has suggested a substitute for the
proposal, Rule 9, and has been
supported by the Ann Arbor
Board, which has said it believes
that private property owners have
"an unqualified moral and legal
right to define without limitation
the persons with whom the broker
may deal ..."
Mayor Cecil O. Creal also has
said that home owners have a
right to determine to whom they
will sell their property.
Among the reasons the NAACP
suggested for rejecting the alter-
nate to Rule 9 were:
1. "The testimony of a member
of the Ann Arbor Board of Real-
tors emphasized that his board
respects the right of the owners
to sell on a discriminatory basis,
but does not respect the rights
of the individuals who desire to
sell on a non-discriminatory
basis."
2. "Members of the Ann Arbor
Board of Realtors have stated that
local discriminatory housing prac-
tices in Ann Arbor are reflections
of the individual owner's desire to
sell on a discriminatory basis. If
we are to believe this, then adop-
tion of the realtor's substitute rule
would, in effect, give legal sanc-
tion, where none now exists, for
individuals to continue soliciting
and showing houses on the basis
of race, color, religion, national
nricr" m.OTI&a.r of fa h......
n issuing Le s a emeni ae-
nouncing seizure of the American-
owned oil refinery, State Depart-
ment press officer Lincoln White
said he did not know yet whether
the United States would send a
formal protest to Havana.
United States officials said they
expect Castro would take over the
two other foreign-owned refineries
in Cuba, properties of Esso Stand-
ard of New Jersey and Shell.
The State Department said it
considers the seizure of the Texas
Co. facilities by the Cuban gov-
ernment "as another in the series
of arbitrary and discriminatory
actions taken by that government
against enterprises in Cuba owned
by United States citizens."
"This latest action being un-
dertaken by the Cuban govern-
ment is likely to displace much
of the crude oil which the oil
companies have long been bring-
ing to Cuba from Venezuela," the
statement said.
man Quentin Burdick into the
lead in his photo-finish race for
the Senate seat with Republican
Governor John E. Davis.
Counting his back-stretch spurt,
Burdick was 569 votes ahead of
Davis with 30 precincts still to
report. This small batch of pre-
cincts turned up after the count-
ing had been stopped for the night.
The nine districts added 236 to
the earlier margin Burdick held
in the contest eyed nationally as
charting a possible trend for the
fall election in the nation's farm
country.
With 2,284 of 2,314 precincts re-
porting, unofficial tabulations
looked like this:
Burdick-103,731
Davis-103,152
Burdick had been creeping up,
slowly and uncertainly, for many
a long and weary hour. But it
wasn't until almost 24 hours after
the polls closed Tuesday night that
he finally got in front.
ized the opportunities of the New
World, until restrictive legislation
in 1924 severely limited them.
Fertility Important
But the fertility increase was
and is the important factor in the
increase of any population. That
is, natural increase far oversha-
dows any gains due to immigration
or decrease in the mortality rate,
he explained.
"In the long run, immortality
would add less to the growth rate
than a 10 per cent increase in fer-
tility in areas near or above re-
placement with an expectation of
life of about 70 years," Mauldin
said.
The population with the higher
rate of fertility will eventually
surpass another whose fertility
constant is less, but which experi-
ences avoidance of all death.
To Grow Rapidly
Assuming present trends of
growth, the United States' popu-
lation will reach 312 million by
2000, he warned. If continued un-
changed for 300 years, the popu-
lation figure in this country would
become "impossible" as far as
physical space limitations and
proper social development are con-
cerned.
For this reason, Mauldin be-
lieves society, as individuals, will
realize the world is finite and
make "a conscious effort" to slow
Is there a correlation between
the birth rate and the economy?
There is a relationship between
the year to year changes in birth
rate and the economic cycle, but
no long term correlation, because
fertility levels are determined by
"stable secular trends."
In fact, economic growth in an
industrial society s nearly al
ways rising, while population
growth is usually declining. We
don't know what causes the shifts
in fertility rates, he said.
Thus, the argument that a low
birth rate "causes" a depression,
or vice versa, is not justified.
"I would argue that a great
deal of economic change is due to
technology and not population
changes," Mauldin emphasized.
Economists Disagree
Some economists believe that
population growth is the "prime
mover" of economic growth; others
say the real per capita income
would increase if population ex-
pansion rate were slowed down.
Regardless of these theories,
population growth was once good
for our country, the demographer
stated. It provided the economy
with a large base which fostered
heavy industry and allowed the
nation to progress rapidly.
It also gave the United States a
psychological advantage because
the people felt they had sufficient
numbers for a large army and for
I
HAVANA (A)-Prime Minister
Fidel Castro seized one of the:
two American-owned oil refineries
in Cuba yesterday after bitterly
telling a mass meeting he was
ready to take over the property
of all Americans in Cuba "down
to the nails in their shoes."
The seizure order against the
Texaco oil company's 26-mllion-
dollar plant in Santiago followed
refusal to three companies-two
American and one Dutch-British
--to process Russian crude oil
bought from the Soviet Union
with Cuban sugar.
Castro ordered his National In-
stitute of Petroleum to intervene
-a practice here equal to confis-
cation-the Texaco plant unless
its operators accepted 25,000 bar-
rels of Rusian crude and pro-
cessed It.
Company officials had orders
to refuse the Russian oil. Inter-
vention, backed by armed work-
ers-militiamen already in virtual
control of the Santiago refinery,
resulted.
Agents of Castro's Cuban Petro-
leum Institute took over the Ha-
vana headquarters of Texaco an
hour later, it was reported. Pre-
sumably the seizure included
Texaco's marketing organization
in Cuba as well.
Castro, in his formal resolution
accused Texaco of violating a 1938
law which directs all refineries in
Cuba to refine "state-owned oil at
the orders of the government.
The two other companies, Esso
Standard of New Jersey and Shell
Oil, said they had not been mo-
lested as yet.
The three companies have said.
they cannot process the Russian
oil because they have obligations
to their traditional suppliers, in
this case Venezuela.
Castro contends he can buy So-
viet crude oil for $1 a barrel under
the Venezuelan price.
The companies have a 75-mil-
lion-dollar investment in Cuba:
plus an estimated 60 million dol-
lars in foreign exchange the Cas-
tro government owes them for
crude oil already imported and
processed.
Truman Quits
Democratic
Delegation
WASHINGTON (A)--F o r m e r
President Harry S. Truman jolted
his beloved Dem~xocratc Party
yesterdaywith the blunt an-
nouncement he will not attend its
National Convention next month.
He refused to say why just now.
Some saw in the surprise state.
ment an indication that he has
given up hope that his fellow Mis-
sourian, Sen. Stuart Symington,
can win the nomination.
But Symington, in Washington,
talked to Truman by telephone in
Independence, Mo., and then told
a reporter:
"He went out of his way to as-
sure me that this decision. on his
part did not in any way change
his unqualified support of, my
candidacy."
Symington, generally regarded
as running third in the race for
the nomination, behind Sen. John
F. Kennedy of Massachusetts and
Sen. Lyndon B. Johnson of Texas,
added that he is still "running
hard as a candidate."
- Truman, at Independence, gave
no explanation of his decision,
which was a shocker to politicians
wondering how such a confirmed
political firehorse could stay away
from a national convention.
The ex-president did say he
would hold a news conference
Saturday, and he told reporters
whn nresser him for hia mcewM
MAN IN SPACE PROGRAM:
Satellite Intended t
LOS ANGELES (W)-Rigid new
standards for teachers and the
colleges that train them were pro-
posed yesterday by a commission
of the National Education Assn.
The proposals will be presented
to the NEA at a convention ses-
sion today by Margaret Lindsey,
director of the project carried out
by the National Commission of
Teacher Education and Profes-
sional Standards,
File Articles
Of Corporation
The Religious Center of the
Dearborn Campus, Inc., has filed
articles of incorporation with the
Michigan Corporation and Secur-
ities Commission,
The purpose of the non-profit
organization is "to further the re-
"The next step is to work with-
in the profession to get the
standards adopted," Miss Lindsey
told a news conference. "Teaching
is a young and immature profes-
sion. We must raise ourselves by
our bootstraps and show that we
can take the responsibility for
getting qualified people into the
class room."
Teacher training should be a
five-year program, instead of the
four-year program now generally
accepted.
This five years should include
a half year of "internship," in-
cluding supervised practice teach-
ing. Some practice teaching also
would be introduced in the second,
third or fourth year of college,
to show the students what they're
getting into and weed out those
who have no aptitude for the
classroom.
The five-year program would be
followed by a sixth year for which
n n-nh - - ^111 .. a n . n - .--
rapid population expansion. Ifilling the expansive teritories.
o Perfect Recovery
VANDENBERG AIR FORCE BASE, Calif. (A') - The 12th Dis-
coverer satellite rocket, crammed with special instruments, shot
south toward polar orbit yesterday for a new try at a vital two-way
mission: recovering a space capsule from orbit or finding what's wrong.
A successful recovery system is deemed a must for America's Man
in Space program.
Ten previous trys have gone awry, for reasons not precisely known.
The experts hope for their first success this time. But to analyze the
failure-if there is one-they have jammed the capsule with gear to
radio performance details from the moment it is ejected from the
whirling satellite until its parachute bursts forth in the earth's lower
atmosphere.
Planes trailing catching devices are supposed to snag the chute as
it wafts down near Hawaii tomorrow, if all goes well.
Today's launch from a seaside pad at this West Coast missile-
space base came at 3:01 p.m. in partly overcast weather. The 78-foot
two-stage Thor-Agena rocket combination lifted off beautifully and,
trailing white smoke and yellow flame, went through a hole in the
clouds, vanished, then reappeared and was in sight for two minutes
before it disappeared high over the Pacific.
The 27-inch, 300-pound capsule was in the nose of the second
stage Agena, all of which was designed to orbit. Ejection was scheduled,
for the satellite's 17th orbital pass this afternoon.
The Discoverer series box score: the first orbited, but carried no
capsule. Four failed to orbit. Six orbited and the capsules presumably
ejected, but were not recovered.
The trouhle a snokesman says. is believed to be that after separa-