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PRIDAY, AUGUST 4, 1967 NIGHT EDITOR: BETSY TURNER

FRIDAY, AUGUST 4, 1967

NIGHT EDITOR : BETSY TURNER

_

Legal Battles Before and After


Ruling on D.C. Public Schools

--III

Last of a Series
WASHINGTON-It was more than a
coincidence that the Hobson vs.
Hansen case was brought before the
court of Judge J. Skelly Wright; bril-
liant legal maneuvering by militant
Negro leader Julius Hobson and his at-
torneys eventually paid off in a ver-
dict which attempted to reverse the
tide of de facto segregation in the
Washington, D.C., public sschool system.
Moreover, ih the aftermath, D.C. school
Superintendent Carl F. Hansen re-
signed his post.
Hobson's lawyers saw to it the dis-
trict court judges in Washington could
not decide the case: this was done by
naming them as defendants in the case
on the grounds that the district judges
in Washington appoint the school
board. The case then automatically
went to chief judge of the Circuit
Court of Appeals for the District of
Columbia, David Bazelon.
"Bazelon," one official commented,
"is the most liberal judge in the Unit-
ed States on his level." Bazelon then
appointed Judge Wright from his court
to decide the case.
The Daily learned that during the
Kennedy administration, that Wright,
then a district court judge in Louisi-
ana, had been seriously cnsidered by
President Kennedy for elevation to, the

remedy. Understandably, if and
when the Supreme Court tackles
the suburban-vis-a-vis the city
slum school problem, in the event
of a decision in favor of the com-
plainants, it will again remit the
remedy to the district courts, with
instructions to ignore the state-
created political lines separating
the school boards and to run its di-
rectly against the state, as well as
local, officials....
"The American Negro is a totally
American responsibility. Three
hundred years ago he was brought
to this country by our forefathers
and sold into slavery. One hundred
years ago we fought a war that
would set him free. For those last
one hundred years we have lived
and professed to the hypocrisy that
he was free. The time has now
come when we must face up to that
responsibility. Let us erase this
blemish-let us remove this injus-
tice from the face of America. Let
us make the Negro free."
JUDGE WRIGHT'S decision is so con-
troversial in Washington that four
prominent D.C. attorneys have volun-
teered to help Hansen appeal the case
without receiving pay. Three of the ap-
pealing attorneys are past presidents of
the D.C. Bar and one is a former D.C.
commissioner.
A law professor at the University
said, "It took guts, but after all, the
judge in this case is merely filling a
vacuum that has long existed. That's
exactly one of the functions of the ju-
dicial'process."
Baltimore's retiring mayor, Theodore
Mckeldin and former governor of
Maryland from 1951-58, told The Daily
that he fundamentally agreed with
Wright's decision. Said McKeldin, "We
must do something constructive about
racial problems which exist in this
country. The problem is not, as some
suggest, an insoluable one."
Negroes must be identified and asso-
ciated with whites. They must live with
whites in their neighborhood and form
one common culture-indeed they must
become an integral part of the white
community. Psychologically, we must
not make Negroes feel there is some-
thing morally wrong with the color of
their skin because it is black by birth."
EXACTLY WHAT will happen to the
D.C. school system in the future is
difficult to predict. Certainly, with
Hansen's departure, the District will
experience a new type of administra-
tion.
But to say that Hansen was not lib-
eral would be incorrect. His philosophy,
he told The Daily, "Was to see that
each child received the best education
he could obtain and absorb."
In his resignation speech on July 3,
Hansen, visibly shaken, spoke of the
pending appeal and why it was so im-
portant to him: "My appeal is not an
effort to delay the elimination of the
track system. This program has already
been in large measure modified if not
abandoned. My appeal is not an effort
to prevent busing. To relieve over-
crowding this has been going on long
before the decision was rendered. Nor
is my appeal a hope to prevent faculty
integration. This school system is in
the national forefront in faculty inte-
gration. My appeal is based upon the
threat to local management of public
schools inherent in the court opinion
and upon the uncertainties in the dec-
larations concerning de facto segrega-
tion."

It appears, then, that Washington's
new superintendent will undoubtedly
find himself encountering many of the
obstacles that Hansen did: a grudging
Congress here, a militant leader there,
and the vastness of an unreachable
but all-powerful bureaucracy in be-
tween. In theory, Hansen's departure,
to those who worked against him,
clears the way for a much more pro-
gressive school system. In practice,
however, this may be just another

'YOUMG MAN) YOU'VE 60T NOTHiNG THERE BUT WEED S/'
Letters to the Editor

CARL F. HANSEN

U.S. Court of Appeals in Louisiana. But
southern politicians balked at the idea
and, for political reasons, Kennedy
could not go through with his plans.
Rather, Judge Wright was appointed
to a U.S. Court of Appeals position-
but in Washington, D.C., and not Loui-
siana, as Kennedy had originally wish-
ed. Due to the nature of the school
case Wright was allowed to act in the
capacity of a district judge.
The Daily also learned that Judge
Wright had originally been asked, in a
motion by Hansen's attorneys, to dis-
qualify himself from considering the
Hobson vs. Hansen case, on the basis
of views he had made public several
years earlier. Judge Wright refused.
ON FEBRUARY 17, 1965, Judge Wright
delivered the sixth Madison lecture
at the NYU school of law. The speech
was reprinted in the April, 1965 NYU
Law Review and was entitled "Public
School Desegregation: Legal Remedies
for De Facto Segregation."
The judge wrote: "What can a
state do-hat can a court require
a state to do to relieve racial im-
balance? In short, what, if any
remedies are available? Initially,
public schools authorities must be
cured of the neighborhood school
syndrome . . . Instead of having
neighborhood schools scattered
through racially homogeneous resi-
dential areas, children of all races
may be brought in the educational
parks...
"When the Supreme Court de-
cided the first reapportionist case,
Baker vs. Carr. just as'when it de-

Greenhouse
One of the most often-mention-
ed criticisms of a large university
is the 'charge that it is imper-
sonal; that the individual must
look out for himself. Those
charges are given credence when
officials of this university answer
requests and complaints with
blank looks and deaf ears.
The greenhouse on the Natural
Science Building houses plants
which are used by professors and
students for research work and
also as material for Botany labs.
Taken together they represent
months of work and their damage
or destruction means weeks of de-
lay at the very least. Occasionally
some of them are irreplaceable.
LAST YEAR the weedkiller
sprayed on the lawns (long after
the weeds had gone to seed) not
only damaged many of the foun-
dation plantings and trees on
campus, but also drifted into the
greenhouse, damaging the con-
tents. A letter was written to Mr.
Kenneth Wanty, the University's
landscape architect, asking that in
the future he notify us so that
at least we could close the green-
house windows.
Mr. Wanty does not seem to
care very much about the prob-
tems he causes, for this summer
the spraying was unannounced
again and serious damage resulted
to the greenhouse plants. Perhaps
he will be a little more considerate
if the whole University community
knows about his negligence.
-Jerry G. Smith, Grad
-Peter B. Kaufman
Associate Professor
-Barbara L. Bowen
Instructional Associate
-Hiroshi Ikuma
Assistant Professor
-Erich E. Steiner
Professor
-Alfred Susman
Professor and Chairman
Department of Botany
Rostow No Rewriter
It is unfair of Professor Wurfel
to label Walt Rostow the "villain"
of U.S. policy in Vietnam or to call
him a rewriter of history (Daily,
Aug. 2). It is Prof. Wurfel's prero-
gative to oppose the war but in
so doing he falls into the same
trap into which he accuses Mr.
Rostow of being drawn: Prof.
Wurfel is a prisoner of his own
misrepresentations.
There is no doubt that Mr. Ros-
tow is a hard-liner on Vietnam.
As far back as 1961, he admits, he
supported bombing North Viet-
nam. Recently, the "Economist"
compared him to the demoted
Shelepin, the hard-liner in 'the
Soviet apparatus. Mr. Rostow's in-
fluence on Vietnam policy was not
felt appreciably until his appoint-
ment to his present post of Spe-
ni4nl .1AC,.z+nf. to th-P Psaidt T

for Progress. The buildup in Viet-
nam which took place after Presi-
dent Johnson's election began be-
fore Mr. Rostow took his present
post.
IN HIS LEEDS SPEECH Mr.
Rostow shows, as he did in his
"Stages of Economic Growth," a
special ability to put history into
a convenient framework. If not
used to deterministic ends,, his
framework can be of practical
value to the policy-maker. Mr.
Rostow's belief that the remaining
"romantic revolutionaries" will
soon pass the way of their prede-
cessor in the Soviet Union may be
somewhat too optimistic but it is,
nevertheless, an indication that
the demands of technological in-
terdependence and the real pos-
sibility of a detente between the
U.S. and the USSR may mean less
tension in the future. That our
Vietnam policy may help ensure
that this is so is Rostow's central
theme.
Although one may not agree
with Rostow's appraisal of history,
there can be no doubt that the-
presence of a policymaker who is
able to put his intellectual archi-
tecture to work, should, in the
long run, bring about a new
chance for harmony between the
intellectual and the politician
rather than be the cause for wide-
ning of the split. Mr. Rostow as
an intellectual in government is
no more a rewriter of history than
is any intellectual elsewhere.
--Roger W. Gale, Grad.
Chagrin and Tonic
On Friday, July 28 we decided
to conclude what had been an
otherwise pleasant evening by
dropping down to D'Agostinos for
a nightcap and some music. We
ordered Cokes and gins and tonic.
When the bill arrived we were
somewhat dismayed to learn that
the Cokes were $1.25 and the gins
and tonic were $1.00 each. When
we questioned the proprietor we
were even more dismayed when

we were told that a rum and coke
would have cost only $1.00. He
said that this policy had been in-
stituted for the purpose of dis-
couraging freeloaders who would
nurse one drink along all evening
and take up space. 'When we
pointedkout that we had been
there only two hours and had
consumed three gins and tonic
and five cokes he finally admitted
that the owners wished to dis-
courage students and that they
weren't welcome. We did not re-
ceive a price list nor were we able
to find one posted anywhere on
the premises. Furthermore the
waitress did not inform us of the
prices or D'Agostinos policy of
discouraging, students. We think,
though we are not sure, that fail-
ure to inform customers of prices
is against state law and we are
currently trying . to determine
what the laws are governing this
matter.
Some would argue that such
practices are discriminatory and
would undertake to stop the Uni-
versity from holding any of its
functions there or any of the
other establishments in Ann Arbor
under the same ownership. We
believe that a business establish-
ment does, in fact, have every
right to appropriately limit its
clientele, provided it does so by
ethical means. If Coke-drinking
students are not welcome they
should be so informed before, and
not after, they spend their money.
Furthermore, we do not see how
such a policy would deter those
Coke-drinking non-students who
tend to take up space and order
only one drink.
IT SEEMS to us that if D'Agos-
tinos were truly interested in
eliminating freeloading by stu-
dents and non-students alike the
management could follow a rather
common practice employed by
many reputable establishments,
namely, instituting a minimum
or a cover charge.
-Samuel M. Rubin, Grad
-Gerald Gardner, Grad.
-Nancy Palchik, '68

By FRANK SPELTZ
Collegiate Press Service
WASHINGTON, D.C., July 31-
I'm prejudiced - against homo-
sexuals.
So are you. Admit it. When two
men walk past you on the street,
hand in hand, something grabs
you in your guts and you suddenly
feel very uncomfortable. Why?
Why should love between two
human beings turn you off? Or
don't you think them capable of
love as you know it?
Both the police and the Mat-
tachine Society, a group which
attempts to inform the public
about homosexuals, estimate the
homosexual population of Wash-
ington, D.C., at a quarter of a
million. Sociologists maintain that
ten per cent of any city's non-
juvenile population is likely to be
homosexual.
Next to Negroes, homosexuals
are America's largest minority-
15 million, to be approximate. So
every tenth stranger you pass on
the street has a life style and
emotional makeup entirely differ-
ent from yours.
I've long realized, in a vague
sort of way, that something hap-
pens to me when I'm confronted
with homosexuality - usually I
attempt to remain aloof and ig-
nore it, hoping it will not "affect"
me. Often I even make remarks
to my "masculine" friends about
how "disgusting" it is. I even find
that I use derogatory nicknames:
"faggot," "fairy," "queer." I fin-
ally decided to do something
about it-decided to start at the
beginning.
ALL OVER Washington there
are communities of homosexuals,
living together for the same rea-
sons hippies or radicals do: eco-
nomy, cameraderie, security. I vis-
ited a 'ghetto" community, re-
markably well integrated racially,
where about twelve homosexuals
live,
I was received with openness
and infinite patience, as I blurted
out all those "do Negroes tan in
the sun" questions: "Do you
sleep with each other much?"
"Where do you buy your dresses?"
"Why don't you change your sex
if you don't like it?"
It turned out that all us
"straight" people wonder the
same things about homosexuals,
because all of us have the same
sexual fantasies and stereotypes.
Of course, they don't sleep to-
gether much. They countered with
a query as to how often we sleep
together at the Free Press. Same
answer, same tone of voice.
Homosexuals buy their dresses
where your girl friends buy theirs,
stupid-in a boutique, you know,
a dress shop. Why, the Parapher-
nalia in New York City sets aside
two hours a week especially for
men.
Eagerly I emphasized with their
horrible shame as they slink into
a dress shop, whisper their needs
to a sales lady, and try on the
dresses hidden in dressing rooms.
I added snide remarks and raised
eyebrows. One problem-no such
problem: most middle and higher
priced boutiques are very used to
and dependent upon the "queen"
trade. Consequently, politeness
and openness reign.
A queen is a homosexual who
prefers dressing and acting the
female role. There are three dif-
ferent kinds: drag queens, who
"flip" between playing a male
role in men's clothing and a fe-
male role in women's dress (when
a person is 'wearing women's
clothing, he is said to "in drag") :
flame queens, who wear women's
makeup, eyelashes, and hair-do
even when dressed in men's cloth-
ing; and closet queens, who mas-

querade as heterosexual males
with all their acquaintances, pre-
fering to pursue their homosexual
lives with strangers, often in an-
other city.
EACH YEAR a large, well-
known Washington hotel is the
site for the "Academy Awards,"
when hundreds of homosexuals
expertly make themselves up to
resemble movie stars. The com-
munity showed me many pictures
of the last one. It was hard to
imagine, that the tall, thin Negro
male sitting next to me on the
couch had so altered his appear-
ance at the Awards that I had
exclaimed "Lena Horne?" before I
was corrected.
Such a very formal affair is
"high drag." "Medium drag" pre-
vails at luncheons and cocktail
parties, where the women's busi-
ness suit and cocktail dress are
in order. "Low drag" involves the
casualness of slacks, skirts, no
makeup, etc.
Changing one's sex is a very
complex and frightening thing-
even for a homosexual. Conse-
quently very few homosexuals
ever alter their sex.

tacts, and accept the fact that
most liaisons are by their nature
temporary; travelers seek out
friendly (and at home often for-
bidden) companionship of a tem-
porary and anonymous nature;
servicemen, because of their pent-
up sexual needs and segregated
lives, have learned that other men
can gratify these needs.
Two interesting facts add light
to this phenomenon: it is esti-
mated by at least one sociologist
that nearly fifty per cent of the
country's homosexuals are (or
were) Roman Catholics, whose
strong emphasis on segregated
(by sex) education, sexual guilt
(masturbation, contraception, ho-
mosexuality are all considered
sins), and authoritarianism would
explain this fact.
Also a surprising n u m b e r
(again nearly half) have served
in the armed forces where some
said they had discovered their
homosexuality. It could very well
be that the army's segregated (by
sex) life and authoritarianism
help these fellows "discover" ho-
mosexuality.
I ASKED every homosexual I
talked with whether he consider-
ed himself a hippie, what he
thought of hippies, and whether
hippies were homosexuals of a
new order.
The answers were surprisingly
similar: hippies reflect the cul-
mination of a modern rejection of
a dependency on sexual role-
p 1 a y i n g. Consequently, virile,
heterosexual men actually prefer
to wear their hair long and to
wear gay clothes. But they do not,
as a group, alter their sexual roles
-men still prefer women, and
vice versa.
LSD and marijuana are as pop-
ular a m o n g homosexuals as
among hippies, probably because
both groups are very intensely
creative, having let go of outmod-
ed taboos and accepted new pur-
suits. Most homosexuals I talked
to disliked hippies' habitual pov-
erty, uncleanliness, tribalism and
mysticism.
"Hustlers" are homosexuals who
will offer their bodies to other
men for money. Entrapment and
violence dog their footsteps. Sev-
eral "mentioned run-ins with the
police in which their civil liberties
were completely disregarded. Sev-
eral members; almost always in
drag, claimed to have been picked
up by policemen in squad cars,
driven to secluded spots, and
forced into having sex withmthem.
They mentioned by name five
Washington policemen whom they
say are homosexuals. One theo-
rized that the same factors men-
tioned above exist in both the
army and the police force.
HOMOSEXUALS, like any mi-
nority group, have massive legal
problems to overcome in a society
which tends to enforce restrictive
legislation on those whom it fears
or dislikes. The Mattachine So-
ciety was formed to educate the
public about homosexuality and
to protect homosexuals' civil
rights. They liken their organiza-
tion to the NAACP. Dr. Frank
Kameny, its president, had very
few complaints about police ha-
rassment. He pointed out Miami
and Los Angeles as cities where
policemen were unfair to homo-
sexuals.
The Mattachine Society has
picketed the White House and the
Pentagon in the past, and every
July Fourth it travels to Inde-
pendence Hall in Philadelphia to
demonstrate that "fifteen million
Americans still lack their civil
rights." Since Dean Rusk pub-
licly stated on August 27, 1965.

that he would never "knowingly
permit a homosexual to work in
the State Department," the Mat-
tachine Society is still waiting to
get its day in court against Mr.
Rusk.
This August the Mattachine
Society will host the annual Na-
tional Planning Conference of
Homophile Organizations to bet-
ter coordinate this national pro-
gram of education.
' Homosexuals point out that the
burden of guilt is rapidly shifting
from those who do not have chil-
dren to those who do, because of
the population explosion. Once
the accusation of "what if half
the population did what you're
doing" is lifted, homosexuality,
they feel, will rapidly advance in
stature.
OF COURSE, it will never be on
a par with heterosexuality in the
public's mind until homosexuals
decide whether their condition is
a preference rather than a di-
sease. Most answers to this ques-
tion were ambiguous: "Of course
it's a preference. . . . I never got
along with my father. I was very
close to my mother." But that
sounds like neither preference nor
AicP~qofiPT'hat sondslikep over-

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41

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