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August 30, 1966 - Image 2

Resource type:
The Michigan Daily, 1966-08-30

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T' Justifies Release of Membership Lists of 3 Student

(Continued from Page 1)
11 in response to a subpoena
called for the membership
of Voice Political Party, the
rnittee to Aid the iVetnamese,
W.E.B. DuBois Club and five
organizations not on cam-
tler gave his explanation of
lecision to a group of students
sat-in at the administration
.ing to protest the action.
'A Mistake'
.tler also admitted that the
ersity's failure to notify any-
about the subpoena and the
;ion until after the action had
taken was "a mistake" and

"an admitted lack of wisdom."
Cutler and Smith told the pro-'
testors at a marathon discussion
held in an overcrowded conference
room in the administration build-
ing, that the University had con-
sidered the possibilities of delay-
ing or contesting the subpoena,
but decided they had no argu-
ment that would hold up in court.
The University's action brought
a quick reaction from Regent
Irene Murphy, who said "the Uni-
versity has been for a long time
committed to foster a great uni-
versity, and an unquenchable
thirst for truth and to maintain
a climate of open inquiry and ex-

pression of conscience, free from
threats of retaliatory actions,
whether overt or covert.
"I hope that the University has
not unwittingly condemned pri-
vate individuals to thought re-
pression and character assassina-
tion, nor that we have comprom-
ised the inflinching goals of a
great university. The University
has been dedicated to the security
of the First Amendment rights of
free speech and association.
"I have some anxiety that there
may be another period of witch
hunting as many citizens struggle
with their crisis of conscience.
"Rather than having to respond
precipitously to the urgency of a
congressional subpoena I will sug-
gest that at our next Regents
meeting we evolve a priori a policy
on the protection of the privacy
of our students and professors.
"I was gratified to note that
the State Democratic Convention

on Aug. 20 unanimously endorsed
a resolution for the abolition of
"There has been a growing an-
xiety about this committee be-
cause of the assumption of judi-
cial rather than legislative au-
Regent Frederick Matthaei also
felt it would have been better if
the Regents had been consulted.
However, he said the University
took the only action it could un-
der the circumstances.
Regent Carl Brablec said "we
should have resisted sending them
until actually forced into doing
it.' He, felt such resistance could
have been carried "short of going
to jail."
He also added he would have
felt better i fthe Regents had been
consulted. He said he did not know
if the Regents would make a policy
to cover such situations.
The Ann Arbor ACLU said it is

'exts for all Courses
336 S. State Street

"distressed by the University's
compliance" with the subpoena,
and said that while 'the Univer-
sity had displayed considerable
courage" defending rights in the
past, "in the face of a more for-
midable opponent, it has capitu-
"One of the great universities
in the nation has abdicated its re-
sponsibility to uphold and protect
the tradition of dissent."
Faculty members attacked the
decision and planned what action
they could take.
Some professors criticized the
manner in which the decision it-
self was made. Prof. Eric Wolf of
the anthropology department at-
tacked as "very bureaucratic" the
"way in which communications
were delivered."
Prof. Bradford Perkins called
the incident "deplorable."
Voice Political Party issued a
report on the meeting with Smith
and Cutler and their conclusions
on the incident. The statement
said ". . . the secrecy with which
the incident was handled, the fail-
ure to seriously examine the legal
alternatives, the concealment of'
these alternatives in the (Smith-
Cutler) Report, the effort to avoidI
publicity-these and all other as-
pects of the decision show that
the problem was never seen as one1
of how to honor the University's
responsibility to its students and
faculty, by fighting for their free
speech, while also honoring the
responsibilities imposed by thel
outside society."1
Students concerned with the1
University's action were unable to1
contact University President Har-J
lan Hatcher after the announce-
ment of the decision because he<
was on vacation at a cabin in the
northern part of the state.1

However, on learning on Friday, to withhold
Aug. 26, that he was in the ad- policy is al
ministration building, a half-dozen law, anda
students sat-in, waiting to speak Therefore,t
to him. Hatcher told the students informed of
"the University will abide by the ler, because
law" and stand by its decision. being follow
He added that "the three groups If a simila
are by nature activist and there- in tomorrow
fore public and from that point it be complied
is simply a point of the power of his office ha
Congress and the duty of the ing away w
University." membership
During another series of con-
troversial HUAC hearings in 1953,
Hatcher said "I believe that by
giving our full cooperation we can
help these groups do their work
and put matters on a calm and
even keel."
Students who sat in at the ad-
ministration building asked "why
were these faculty and students
whose lives stand to be violently
disrupted by HUAC's witch hunt
not notified nor given a voice in EDITOR'S
the University's decision?" They of the repor
also asked for a University "posi- bers by vieE
Affairs Richa
tion on HUAC's current attempt explaining t
to stifle anti-war dissent." to the subp
Smith said the arguments of American Ac
"irrelevancy"-that the commit-
tee's work does not apply to the We want
groups involved-and "confident- munity tot
iality"-that the information is ground and
confidential and therefore cannot determinedt
be released-were foundby Uni- poena from
versity lawyers not to apply. can Activiti
-Smith was later asked why the The Univ
University had not simply an- long been a
nounced the existence of the sub- freedom ofi
poena, so that the individuals of to express t
the organizations involved could troversial is
take action on their own to stop University o
the University, through the courts, ly spoken o
from complying with the subpoena. freedom, and
Smith replied that it had not been [y taken pub
considered. versial topic
Cutler explained that although not been wit
the policy of his office is generally versity and

such information, the The students whose lames were
so to comply with the involved, found out byIletters sent
answer all subpoenas. out Monday, Aug. 15, that their
the Regents were not names had been sent d lthe Pre-
the action, said Cut- vious Thursday. Cutle said that
normal channels were from Monday, Aug. 0, until that
ved. Thursday, the vice-pres dents had
ar request were to come considered the groper , course of
w, he added, it would action,
I with. He noted that He said he then de 'ded that
as been considering do- the people involved shoe d.be told,
ith the requirement of and prepared lists of addresses
lists. that were not ready un Monday.
Officias Defe d
NOTE: This is the text themselves. Further, we ully .in-
rt sent to faculty mem- tend to continue in this ense of
~-President for Academic edncnt1u ntisd neo
Lard L. Cutler on Aug. 18 freedom to dissent.
he University's response A subpoena was addresse t0 the
oena of the House Un-
ctivities Committee. lirector of Student Org a atioiis.
The subpoena commanded 'copies
the University Com- of certicates or stateme of
understand the back- membership filed with Th Uni-
considerations which versity of Michigan. for th pur-
the response to a sub- pose of obtaining status as ac-
the House Un-Ameri- credited campus organizatI *..
es Committees. Eight organizations were na ed in
the subpoena. Three of thos ,eight
ersity of Michigan has had applied for and had re elved
defender of the'basic recognition from the Studen, ov-
its students and stae ernment Council in order to e ell-
heir opinions on con- gible for the use of Universiyfa-
sues. In recent times, cilities.
fficers have repeated- Contents -
ut in defense of this The documeints presente to
d have often personal- 3GC for recognition 'contain "ihe
blic stands on contro- name of the organization, a s te-
s. These efforts have ment of purpose, the names Qp.
thout cost to the Uni- ficers, some members, and faIp ty
to the individuals sponsors. Procedures call for ub .
ic inspection of the documen at
>pen meetings of S-C. In. this
sense they are disclosure 4 u-
ments. There is, therefore, fib im-
plication that these documen /are
I I r ~'to be kept secret. At someinst tu-
LIions such documents are b
ished. Moreover, it was lead 'ed
N PENS that other universities, simil -rly
subpoenaed, had already respc nd-
ad by producing the required d cu-
/ rments. At this University, the doc..
asp ** unents are filed with .the DV"ctor
of Student Organizatons .. s a
natter of record. They are a all-
able to those persons who ha e a
legitimate need for access, .al-
though it has been the pra tice
not to make them available for
casual inspection.
dS cll mkesWhatever may be our view of
Sa makes the House Un-American Acti ies
Committee, it is a standing c m-
(24 H rs.) mittee of Congress and it es
Oi ne men.have subpoena power.
neW men. When the University hasdotf b
fended the rights of meimber 'pf





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