FRIDAY, NOVEMBER'12, 1965

THE MICHIGAN DAILY

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Court

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Reopens

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By MARK R. KILLINGSWORTH Michigan's districts were newly
apportioned for the 1964 election,
The Michigan Supreme Court's a 60 per cent turnover in the Leg-
Nov. 2 decision ordering the Leg- islature ensued.
islative Apportionment Commis- The Mishida
sion to draw up new legislative decision said the state's present
districts for the 1966 election has legislative districts are invalid.
set off s another round in a long Thirty-three petitioners, most of
and confusing political controver- them Republican, had charged the
. eJ 1964 districting was only tempor-
However, Prof. James Pollock of ary to begin with and was a pro-
the political science department Democrat gerrymander as well.
feels that the Michigan court's The plan cut across county and
ruling makes' for less confusion sometimes township boundaries to
and better districting. Pollock, create districts of almost exactly
commenting recently on the deci- equal population. The Michigan
sion, said he was "pleased that Supreme Court ordered it adopt-
the court corrected what was a ed on June 15, 1965.
yery hasty original decision." The court had earlier approved
The nationwide apportionment- a Republican-drawn plan con-
districting controversy, set off by. forming to the 1963 state consti-
the U.S. Supreme Court decisions, tution, which provides for Senate
has vastly changed the makeup of apportionment based on a 20 per
many state legislatures. After cent land factor and an 80 per

cent population factor and re-I
quires districts to follow local gov-
ernment lines.
But the court changed its mind
after the outcome of Reynolds vs.
Sims, a 1964 apportionment case
in which the U.S. Supreme Court
ruled that apportionment of all,
legislative districts must be based
solely on substantial equality of
population.
It then ordered the Democratic
Austin - Kliner apportionment
plan, on which the state's pres-
ent districts are based. The only
plan offered to the court which
met the strict-population require-
ments of the U.S. Supreme Court,
the plan was written by com-
mission members Richard Austin
of Detroit and A. Robert Kleiner
of Grand Rapids.I
The court's decision last week,)
in effect, upheld the claims ofI

Republicans who had charged that
the plan was a gerrymander, giv-
ing unfair political advantage to
the Democrats, and that, by cut-
ting across county and township
boundaries, it had put several in-
cumbent legislators into primary
fights with each other.
The apportionment commission
now has 60 days to write a new
districting formula, keeping in
mind both the U.S. Supreme
Court's "one man-one vote" re-
quirement and the Michigan con-
stitution's stipulation that legisla-
tive districts should be compact,
convenient, contiguous, as nearly
uniform in shape as possible-and
that they follow, where practic-
able, the existing county and
township boundaries.
Pollock is concerned .that "with
both sides on the commission
showing such partisanship, one

wonders if they can forget it." ;
But he adds, "At least they havej
clear instructions and they're not
'under the gun' of time pressure."
He added that if the commission1
fails to agree on a plan-whichj
most observers think is the likelys
outcome-any commission member
may file a districting plan beforej
the state supreme court, which will
then approve a plan from those
submitted.c
The Austin-Kleiner plan, Pol-]
lock maintained, districted "with
a sledge hammer." He criticized it$
as a gerrymander and for ignor-
ing the 1963 state constitution's1
stipulation on following existing1
local government boundaries.
Noting that the state constitu-t
tion requires districts be uniform,t
compact, contiguous and drawn as
much as possible following local!
boundaries, he commented, "Dis-1

istrictingIssue
tricting is much more than simply In addition to the change in American, which makes a distinc-
including people." legislative districting ordered by tion between the apportionment
The Michigan court struck down the Michigan court last week, formula used in assigning districts
the Austin-Kleiner plan last week there are signs that county boards and the possible forms those elec-
because while its apportionment of supervisors and even city coun- tion districts can take under a
formula-strict population - was cils may be due for reapportion- certain formula, has suggested
acceptable, the allegedly gerry- ment. that "once the general principles
mandered districting under this: The Michigan Supreme Court of representation have been agreed
formula wasn't. recently heard cases asking fairer on, the legislative districting of a
The court had struck down the representation for the city of state can be accomplished in a
1964 Republican plan, offered by Grand Rapids on the Kent County few days at a cost of only a few
commission members W i 1 b u r board of supervisors and for Eg- hundred dollars" by using compu-
Brucker, Sr., of Detroit, a for- gleston Township on the Muske- ters.
mer governor, and William _F. gon board.
Hanna of Muskegon, because The city and the township are Pollock, however, is somewhat
while its districting may have claiming the "one man, one vote" skeptical of how much contribu-
been acceptable - because the decision applies to them, too, be- tion the computers can make.
plan's districts were contiguous, cause the county boards are al-
compact and did not do violence legedly using powers delegated by "'Garbage' -in, garbage out' is
to traditional boundaries -- the the Legislature and hence should the basis of computers," he said,
court found that the plan's "80- meet the same apportionment re- adding, "it isn't the computer
20" apportionment formula didn't quirements. that's the problem; the question
meet the U.S. Supreme Court's A little-noticed article in the is the impartiality with which the
strict population requirements. November issue of Scientific computer is programmed."


Byrd Leaves Senate;

China Says Russians
Tried To Stop War

11

-M

Urged
RICHMOND, Va. (R) - Sen.
Harry Flood Byrd who fought a
rear guard action for economy in
government for more than 30
years, resigned from the U.S. Sen-
ate yesterday.
The 78-year-old Byrd, chairman
of the powerful Senate Finance
Committee and patriarch of the
Virginia Democratic organization,
gave physical infirmities as the
reason for his decision.
Hisraction, announced to a news
conference by Gov. Albertis S.
Harison Jr. caught the state capi-
tal by surprise. It immediately
touched off a wave of speculation
on the appointee Harrison will
name shortly to serve, at least
until the next general election in
November 1966.
Senator's Son -
The name of the senator's son,
State Sen. Harry F. Byrd Jr.,
topped the speculation list. Usual-
ly knowledgeable politicians re-
garded Byrd Jr. as the favorite
although several other names
were mentioned, including Rep.

Tight Spending

William M. Tuck, a former Vir-
ginia governor.
Harrison would say only he
expected to announce his appoint-
ment soon.
The retirement announcement,
delivered to Harrison at 10 p.m.
Wednesday, and accepted by the
governor yesterday, marked the
end of an era in Virginia politics
and plainly shook the state's poli-
tical structure.
The import of Byrd's retirement
-effective immediately-also may
be felt in the Congress, notably on'
the Finance Committee, a clear-
ing house for much of the admin-
istration's major legislation.
Long is 'Friendlier'
Sen. Russell B. Long of Louisi-
ana, the ranking Democrat on
the committee, will succeed Byrd
in the normal order of things and
has been more friendly to some
of President Johnson's policies
than has Byrd.
When Byrd crossed the Potomac
in 1933 to begin his service as a
U.S. senator, he recalled he was,

World News Roundup

a staunch supporter of Franklin
D. Roosevelt. In 1928 he had risk-
ed ,his political future by cam-
paigning vigorously for Al Smith
in hostile Virginia. He had man-
aged FDR's campaign in the state.
Deficit Spending
But when Roosevelt turned to
deficit spending, Byrd left him.
Since that time he has fought
losing budget battles with Harry
S. Truman, who said there were
"too many Byrds in Congress,"
with Dwight D. Eisenhower, the
late John F. Kennedy, and with
his friend, Lyndon B. Johnson.
A flood of expressions of regret
at the necessity for Byrd's deci-
sion came from Washington, Vir-
ginia and elsewhere in the nation.
Vice-President Hubert H. Hum-
phrey said the Senate was losing
one of its most distinguished
members. "My friend, Harry Byrd,
has given a lifetime of service to
his state and nation," the vice-
president said. "He is a man of
sincere convictions, always a
gentleman and ever a patriot."
Political Foes
Byrd had his political foes as
well as supporters but the enmity
seldom affected personal friend-
ships.
From both sides in Washington
came expressions from Byrd's col-
leagues.
Sen. George D. Aiken of Ver-
mont, the Senate's senior Repub-
lican, called Byrd "a Tower of
strength in the Senate."
Senate Majority Leader Mike
Mansfield of Montana said "while
I honor his wishes in this matter,
I do so with regret."
And Virginia's Gov. Harrison,
calling Byrd "one of our great
Americans" said he would try to
get Byrd to change his mind but
knew such a move would be use-
less.
Byrd sought to bow out in 1958,
but in the face of an impending
damaging fight between Tuck and
John S. Battle, also a former
governor, to succeed him, Byrd
acquiesced in a legislative resolu-
tion asking him to change his
mind. He won re-election easily as
he did last year for a sixth full
Senate term.

TOKYO (P)-Red China said1
yesterday the Soviet Union tried
to end the Viet Nam war early this
year "in tacit agreement and
close collaboration" with President
Johnson.+
The Chinese, in an 18,000-word
article in the party theoretical
journal Red Flag, said the Soviet+
peace moves started in January
when Soviet leaders transmitted to
Communist North Viet Nam a U.S.
demand that it stop supporting
the Viet Cong, stop supplying it;
with guns and stop attacks on the
cities of South Viet Nam.
The article outlined these other
Soviet overtures and the responses:
In February, Soviet Premier
Alexei N. Kosygin, en route home
from North Viet Nam, stressed in
talks with Chinese leaders in Pe-
king "the need to help the-United
States find a way out "of Viet
Namy."
'Firmly Rebutted'
"This was firmly rebuted," the
Chinese said, and "we expressed
the hope that the new leaders of
the Soviet Communist party
would support the struggle of the
Vietnamese people and not make
a deal with the United States on
the question of Viet Nam."
Kosygin agreed, but "the new
leaders of the Communist party
of the Soviet Union soon went
back on their promise."
On Feb. 15, the day after Kosy-
gin 'eturned to Moscow, the Soviet
government officially put before
North Viet Nam and China a
proposal to convene a new inter-
national conference on Indochina
without prior conditions.
Endorsement of Johnson
This amounted to an endorse-
ment of President Johnson's offer
for "unconditional negotiations,"
Peking claimed. It charged that
the Soviet leaders have been try-
ing to arrange peace talks without
mentioning withdrawal of U.S.
forces from Viet Nam.
The occount continued:
On Feb. 23, without waiting for
a reply from China and dis-
regarding the stand taken by the
North Vietnamese, the Soviet lead-
ers discussed a possible conference
on Indochina with French Presi-
dent Charles de Gaulle through
the Soviet ambassador in Moscow.
The Soviet Union then began
to insinuate negotiations could

be held "if only the United States
stopped its bombing of North Viet
Nam."
The Soviets followed this with
communications to some unnamed
Communist parties, saying "ex-
plicitly that they favored nego-
tiations with the United States on
condition it stopped bombing
North Viet Nam."
"And sure enough, not long
afterwards Johnson camenout with
the maneuver of 'the temporary
suspension of bombing."
After their proposals failed, the
article continued, the Soviets be-
gan to collaborate with India and
Yugoslavia-"both lackeys of U.S.
imperialism' -as "brokers" on the
Viet Nam question.
U-M
SYMPHONY
ORCHESTRA
SERGE FOURNIER
Guest Conductor
Mozart-Symphony No. 35
(Haffner)
Roussel-Bacchus et Arianne
Suite No. 2
Tschailowsky-Symphony No. 5
SUNDAY, NOVEMBER 14
8:30 P.M.

By TheAssociated Press
UNITED NATIONS, N.Y.-The
hostility of some African nations
toward Peking gave additional
strength yesterday to the efforts
of the United States to keep the
Chinese Communists out of the
United Nations.
For the first time, the United
States finds itself the only big
power opposing Red China's entry
into the UN.
In the continuing debate in the
UN Genegal Assembly, Amadou
Hassane of Niger assailed Peking
as an outlaw regime seeking to
spread subversion and revolution
throughout the African continent.
Niger, former French territory,
and Madagascar, also formerly
'French, spoke out against the
Chinese Communists. Both coun-
tries maintain close ties with
France, but have not gone along
with President Charles de Gaulle
in supporting the seating of Pe-
king in the world organization.
They were opposed also to the
French contention that a simple
majority is sufficient in the as-
sembly to admit the Chinese Com-
munists and expel the Chinese
Nationalists.
FT. GORDON, Ga.--Doctors at-
tending former President Dwight
D. Eisenhower mentioned yester-
day the possibility of repeated
attacks of chest pains develop-
ing into "a full-blown heart at-
tack." And they said they are
treating their distinguished pa-
tient as if he had suffered one.
The 75-year-old general had, a
second spasm of heart pains Wed-
nesday in less than 48 hours.
SAIGON, South Viet Nam-U.S.
and Vietnamese planes disrupted
the Viet Cong ambush of a gov-
ernment detachment yesterday 35
miles east of Saigon, and a mili-
tary spokesman said 130 of the
Red guerrillas were killed.
The fight developed five miles
west of Baria on the Saigon-
Vung Tau highway, the road on
which the Viet Cong kidnaped four
U.S. Air Force servicemen Oct. 31.
Meanwhile the number of U.S.
battle deaths in the Viet Nam war
reached more than 1000 on Tues-
day, Defense Department sources
said yesterday.
The 1000-plus battle deaths in
the Viet Nam war places the toll
within range of the 1,733 Ameri-
cans who died in the Mexican War
of 1846-1848.
The Viet Nam combat death

roster already has gone wvell be-
yond the 385 Americans killed in
the brief Spanish-American War
of 1898.
NEW YORK (JA)-The aluminum
industry rolled back prices yester-
day, frustrated by a government
threat to release stockpiled alum-
inum.'
In private, businessmen made no
bones about their unhappiness
over the outcome of the two-week
aluminum price struggle with the
Johnson administration.
It began when a small producer,
Olin Mathieson Chemical Corp.,
raised prices two weeks ago.
It ended Wednesday night when
Secretary of Defense Robert S.
McNamara announced that the.
largest producer, Aluminum Co.
of America, had decided to rescind
its increases. The rollback is retro-
active to Monday, when the in-
creases went into effect.


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