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October 18, 1966 - Image 1

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The Michigan Daily, 1966-10-18

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NEW JUDICIARY SYSTEM:
LEGISLATORS AS JUDGES
See Editorial Page

Stgan

Ia 4

CLOUDY
High-58
Low-34
A little warmer with
low probability of rain

Seventy-Six Years of Editorial Freedom
VOL. LXXVH, No. 40 ANN ARBOR, MICHIGAN, TUESDAY OCTOBER 18, 1966 SEVEN CENTS

EIGHT PAGES

Senate

Assembly

Approves

Resolutions

Concerning U'

-H AC Disclosure Question

Group Asks
Protection of
Free Speech
U' Compliance With
HUAC's Subpoena
Raises Five Issues
Yesterday's report of the Ad Hoc
Committee on the Question of
SDisclosure ended its chronological
review and analysis of the Univer-
sity's compliance with tl}e House
Committee on Un-American Ac-
tivities subpoena of membership
lists by concluding that the Uni-
versity community "must find
remedies to prevent the reptition
of actions that erode the basic
freedoms of association and dis-
sent."
The review raised five main
issues:
" "Freedom of Association and
dissent." The report charges that'
administrators gave "no explicit
consideration to any threat to the
civil liberties of those" whose
names were sent in to HUAC, "to
the autonomy of the University, or
to the basic freedoms of the Uni-
versity."
Disclosure of Membership
The report states that the dis-
k closure of membership and spon-
sorship constitutes a threat to
the "climate of freedom on cam-
pus. These associations . . . should
be confidential and should not be
disclosed."
" "Confidentiality of member-
ship and sponsorship." Althowgi
4 "published policy" regardingmeni-
bership lists appears to put them
in the public domain, the report
states, "established practice pro-
vides a basis for the opposite
view."
The report adds that there were
dangers in disclosing the member-
t ship lists to HUAC because these
lists "were not verified for accu-
racy, some persons were not aware
that their names appeared on the
lists, and that some of the spon-
sors were associating themselves
with the desirability only of the
existence of the organization and
not of their purpose."
Consultation
* "Consultation with faculty
and student government." The re-
port said "the way in which the
decision was made demonstrates
the inadequacy of faculty and stu-
dent participation in decision
making on University issues." It
charges that "the machinery for
consultation existed but was not
used" by the administration when
it made its decision.
" "Legal consultation." In an
apparent reference to an argument
used by President Harlan Hatcher,
the report charges that "the argu-
ment that the decision to comply
with the subpoena is justified be-
cause the University must 'obey
the law' begs the question." It
adds that the University "fre-
quently fights for its rights in
court . . ." and was able to do so
with the issue of complying with
the HUAC subpoena. The report
suggests, that the University could
also have explored practical al-
ternatives to compliance, such as
negotiations with HUAC.
* "Communications." The 're-
port states that the University
should have informed those named
on the submitted lists as soon as
the decision to comply was made
to give them the "right to decide
what action they might undertake
on their own behalf."

*

*

*

*

*

*

*

*

*

*

*

*

Text of Committee Report on Disclosure Question

(The following is the text of
the report prepared by the Ad
Hoc Committee on the Disclosure
Question. Except for exclusion of
two introductory paragraphs de-
lineating the charge of the com-
mittee, the text presented here is
complete.)
Narrative of Events
Early in the afternoon of
Thursday, August 4, 1966, an in-
vestigator for the House Un-
American Activities Committee
appeared at the Office of Student
Affairs and asked what records of
student organizations were kept
by the University. He was told
that the University kept partial
lists of members, but released, on
request, only the name of an or-
ganization's president. The in-
vestigator asked to see the lists,
and was told that he could not.
He then produced a subpoena, and
was referred to the Vice President
for Student Affairs, Richard L.
Cutler. Mr. Cutler, on his way to
an appointment with President
Hatcher. asked the investigator if
he could wait,: and he agreed to
do so. During his meeting with
President Hatcher, Mr. Cutler
mentioned the subpoena, saying
that he intended to consult others
as to the University's proper re-
sponse to it.
On his return to his office, Mr.
Cutler accepted the'subpoena for
the- "Director, Student Organiza-
tions- and Activities, University of
Michigan." Mr. Duncan Sells, Di-
rector of Student Organizations,
was then absent from the office
and did not learn of the subpoena
until the next day. The subpoena
asked that the person named pro-
vide the House Un-American Ac-
tivities Committee, at 10:00 a.m.,
August 16, 1966, with "copies of
certificates or statements of

membership filed with the Uni-
versity of Michigan for the pur-
pose of obtaining status as an ac-
credited campus organization" by
eight named organizations. Mem-
bership lists of three of these were
on file. (The DuBois Club and
VOICE had recognition. The
Committee to Aid the Vietnamese
had, in fact, not yet been rec-
ognized.) The investigator told
Mr. Cutler that compliance by
mail was acceptable.
.On Friday afternoon, August 5,
after consulting with Mr. Sells,
Mr. Cutler telephoned Allan F.
Smith, Vice President for Aca-
demic Affairs, and told him about
the subpoena.
On Monday, August 8, President
Hatcher left Ann Arbor for two
weeks at his summer home at
Leland..By his later statement, he
assumed that the lists would be
sent because of the subpoena's
legality.
On Tuesday, August 9, the vice
presidents of the University met
for their weekly breakfast confer-
ence, Marvin L. Niehuss, Executive
Vice President, presiding. No one
had yet informed Mr. Niehuss of
the subpoena, and it did not come
up at this meeting. That after-
noon, Mr. Cutler told Mr. Niehus
of the subpoena, and Mr. Niehuss
called a special meeting for Wed-
nesday.
The vice presidents met at 1:30
p.m., Wednesday, August 10, Mr.'
Niehuss presiding. Present were
Messrs. Cutler and Smith, Wilbur
K. Pierpont (Vice President in
charge of Business and Finance).
Jack H. Hamilton (Assistant to
Mr. Michael Radock, Vice Presi-
dent for Unversity Relations), and
Paul G. Kauper (Professor of
Law), whom Mr. Niehuss had in-
vited shortly before the meeting to

NEWS WIRE
Late World News
By Te Associated Press
HONOLULU-THE STATE Civil Defense organization was
preparing last night to put the state of Hawaii on alert for a
tidal wave which was expected to reach island shores shortly
after midnight.
Civil Defense spokesman John Carew said that it could not
yet be determined whether wave action will be "large or small."
He said all that was known was that the tidal wave gauge at La
Punta, Peru is not normal.
It was not known what precautions would be taken so far as
President Johnson is' concerned.
The President and Mrs. Johnson have a suite in the Royal
Hawaiian Hotel in Waikiki, which faces on to the Pacific Ocean.
ALL TEACHING FELLOWS are invited to attend a collo-
quium sponsored by Graduate Student Council on "The Role of
the Teaching Fellow" at 4 p.m. today in the Rackham Amphi-
theatre. Participants in the discussion will include Dean Stephen
Spurr of the graduate school, Vice-President for Academic Af-
fairs Allan Smith and Dean William Haber of the literary college.
* * *
LATE PERMISSION for freshmen and sophomore women will
extend closing hours to 2:30 this weekend because of Homecoming.

present the general constitutional
and legal background. Messrs.
Cutler and Smith assumed that
the list would not be sent, because
of their confidentiality; Mr. Nie-
huss that the lists would be sen,
because of the subpoena's legality.
The vice presidents agreed that
challenging the subpoena would
require Regental approval, and
that if the lists were confidential
they would seek such approval.
Mr. Cutler agreed to look up the
statement supporting confiden-
tiality. The consensus of the
meeting was that the University
would and could resist the sub-
poena to some degree. The ques-
tion of potential threats to the
University's autonomy, to its basic
freedoms of opinion and discus-
sion, or to the civil liberties of in-
dividuals did not arise. Nor was
there discussion of consultation
with constituted faculty or stu-
dent groups, or with outside legal
counsel. Mr. Smith left imme-
diately after the meeting for a
speaking engagement in.Midland.
During the afternoon (Wednes-
day, August 10), Mr. Niehuss tele-
phoned Wayne State University
and The University of Wisconsin.
,Both told him that they kept only
public lists of the officers of stu-
dents' organizations, and that
they had ilot been subpoened. On
August 10 or 11, The University of
California, Berkeley, was called; it
was learned that they also kept
only lists of officers in a public
booklet, that they had been sub-
poened, and that they had re-
sponded by sending the public
booklet. (Associate Dean Eldon R.
Nonnamaker of Michigan State
University informed us that the
investigator for the House Un-
American Activities Committee
had approached him on or about
August 4, inquiring as to what
lists were kept, and that he had
directed the investigator to the
bookstore where a booklet listing
officers of students' groups could
be bought for $1.00. Michigan
State received no subpoena. Of-
ficials of The University of Mich-
igan made no inquiry of Michigan
State.)
On Thursday, August 11, at
11:00 a.m., Mr. Niehuss presided
at a meeting of Messrs. Cutler and
Pierpont, Mr. A. Geoffrey Norman
(Vice President for Research),
Mr. Herbert W. Hildebrandt (As-
sistant to the President and Sec-
retary of the University), Mr.
Hamilton, Mr. Sells, and Mr. John
C. Feldkamp (Assistant to the
Vice President for Student Af-
fairs). Messrs. Cutler and Feld-
kamp had been unable to find a
printed authority for confiden-
tiality. (A committee of Office of
Student Affairs staff members
proposed, in May of 1966, a gen-
eral policy which apparently
would have made membership
lists public, but this policy had
not been officially adopted by that
office. Student Government Coun-
cil revised its recognition proce-
Aures in 1965 to make such lists
confidential for the use only of
the Student Government Council
President; these revisions are still
in galley proof, and have never
been published or employed as
operating procedure. The 1961
edition of the Regulations, be-
lieved by most officers to be the
applicable rules, has been out of
print for several months and is
not generally available or con-
sulted.)
Mr. Feldkamp outlined the pro-
cedures for recognizing students'
organizations, pointing out that
groups seeking official recognition
present lists (officers, faculty
sponsors, and twenty members) to
the Student Government Council
in "open meeting." (The lists are,
in fact, treated as confidential
both by the Student Government
Council and the Office of Student
Organizations.) In the light of the

previous day's discussion, those
present at Thursday's meeting
concluded that they had no alter-
native but to comply with the
subpoena.,

(The first seven of the fol-
lowing are printed as they
were passed yesterday by the
Senate Assembly. Action on the
eighth resolution was post-
poned.)
Be it resolved that:
1) It is the sense of the As-
sembly that the University has
had a distinguished record of
maintaining freedom of asso-
ciation and dissent; that in the
light of this record, the re-
sponse - in method and sub-
stance-to the House Un-Amer-
ican Activities Committee sub-
poena is regrettable; and that
the freedoms of association and
dissent should be maintained
in the future.
2) It is the sense of the As-
sembly that no official records
relating to political convictions
and associations of students and
faculty should be kept within
the University community, ex-
cept that officers of recognized
organizations may be required
to make a public declaration of
their identity.
3) It is the sense of the As-
sembly that effective decision
making in the University re-
quires continual and close con-
sultation among students, fac-
ulty and administrative offi-

cers, and prompt and adequate
'communication within the Uni-
versity community.
We move that:
4) The Assembly establish a
Civil Liberties Board composed
of five persons, one each ap-
pointed by the Senate Advisory
Committee on University Af-
fairs from the membership of
the Subcommittees on Educa-
tional Policies, Student Rela-
tions, and University Relations,
and one each chosen by Stu-
dent Government Council and
Graduate Student Council from
their membership; this Board
shall consult with and advise
the University administration,
and may assist persons who, in
their roles as students or staff,
suffer threats to their civil lib-
erties.
5) The Assembly charge the
Civil Liberties Board with de-
termining current record-keep-
ing rules and practices through-
out the University; with de-
termining what information is
needed, and how long it needs
to be kept; and with formulat-
ing a recommended University
policy for faculty and admin-
istrative officers on inquiries
from outside the University
concerning students and fac-
ulty.

6) The Assembly urges the
University administration that
in matters concerning the civil
liberties of students and fac-
ulty, it make full use of all ex-
pert legal advice available, and
when necessary, obtain assist-
ance from law firms specializ-
ing in the field; and that legal
assistance be made available
when requested by the Civil
Liberties Board.
7) The Assembly request the
President of the University to
join with presidents of other
universities in the establish-
ment of regular procedures for
consultation, notification and
concerted action to meet po-
tential threats to the freedoms
of association and dissent or
to otherdcivil liberties of stu-
dents and faculty.
8) The Assembly work to es-
tablish a University Executive
Committee, consisting of facul-
ty members, to participate in
the making of administrative
decisions bearing directly on
the educational functions of the
University as a whole with du-
ties and responsibilities com-
parable to those of the Execu-
tive Committee of the various
Colleges, Schools. and Depart
ments._

members, underwriting the stu-
dents' right to organize in support
of any belief, "whether or not we
agree with their opinions." The
documents of three organizations
sent - the DuBois Club, VOICE,
the Committee to Aid the Viet-
namese-contained a total of 68
distinct names: 51 students, 14
faculty members, 3 non-students.
Some names appeared on more
than one list. (The widely quoted
figure of 65 presumably omits the
three non-students.)
On Friday, August 12, Mr. Cutler
redrafted the letter of notifica-
tion. and set his staff to finding
current addresses; many of the
students were not in residence dur-
ing Term III. He decided to send
all the letters at once rather than
one by one, and decided not to
notify The Michigan Daily of
compliance to the subpoena prior
to notifying the people involved, in
spite of the fact that because The
Daily would cease publication with
its Saturday edition he risked be-
irig charged with evading publicity.
On Sunday, August 14, Mr. Cut-
ler read in a newspaper that the
House Un - American Activities
Committee had scheduled hearings
beginning August 16 (the hearings
had been first reported in the New
York Times on August 8.) He then
decided to speed up the process of
notification, and the next morning
the letters were sent air mail spe-
cial delivery.
The next morning, Monday,
August 15, Mr. Cutler also left a
telephone message at Leland ask-
ing President Hatcher to call him
back so that he could inform the
President of the decision. In the
afternoon, Mr. Hamilton issued a
brief press release, and also noti-
fied by telephone Governor Rom-
ney's office, Representative Viv-
ian's office, and the Ann Arbor
and Detroit branches of the Amer-
ican Civil Liberties Union.
At 11:00 a i., Tuesday, August
16, four VOICE members we.it to
the Administration Building to ob-
tain further information. They
were referred to Mr. Smith, who
met with them, with Mr. Cutler
present. Messrs. Smith and Cutler
agreed to write a statement de-
scribing what had occurred. The
students believe that there was,
the two vice presidents that there
was not, an agreement to consult
the Regents on a statement con-
cerning the House Un-American
Activities Committee. Several fac-
ulty members also discussed the
decision with the two vice presi-
dents, and requested a public
statement from them.
On Wednesday, August 17, var-
ious VOICE members sought un-
successfully to, reach Messrs.

were working on the statement,
President Hatcher returned Mr.
Culter's call of the 15th. They
agreed that the President's 1 ame
should not be associated with the
statement since he had had no
part in the decision.
The statement, issued as a "Re-
port to the University Commun-
ity," was distributed at 2:00 p.m.
at Mr. Smith's office. Those sit-
ting-in there decided that the
statement was wanting in answers
to critical questions, and that they
would stay in Mr. Smith's office
until given a personal interview.
Messrs. Smith and Cutler came to
the office and arranged a discus-
sion, which lasted four aud one-
half hours and was frequently
heated.
Beginning Friday, August 19, in-
dividuals and several informal
groups, some student, some fac-
ulty, held meeting on the issues;
letters were written to, officers of
the University and to the Ann
Arbor News expressing alarm over
what was viewed as the Univer-
sity's lack of concern for the
issues. VOICE circulated an an-
swer to the vice presidents' "Re-
port to the University Commun-
ity,"' and several members of the
fatulty petitioned the Senate Ad-
visory Committee on University
Affairs to establish this Ad Hoc
Committee.
On August 29, the SACUA Sub-
committee on Student Relations
passed a motion regretting both
the substance and the manner of
compliance. The motion was sent
to SACUA for approval and trans-
mission to the Faculty Assembly.
Subsequently, several faculties
of the University have discussed
or passed resolutions critical of
aspects of the University's re-
sponse. President Hatcher has
twice spoken in public in defense
of the University's action, which
the Regents have also supported
at their public meeting on Friday,
September 16, 1966.
Supplementary I
Information
Students' Organizations
The University encourages stu-
dents to organize groups "consist-
ent with the broad educational
goals of the University" (Regula-
tions, 1961, published by the Of-
fice of Student Affairs). Non-stu-
dents, including faculty members
and people in no way connected
with the University, can be, and
are, members. The University rec-
ognizes approximately 290 student
groups, divided into eight categor-
ies by the Office of Student Or-
ganizations, one of which is "Poli-
tical Parties and Discussion
Grous."

dent organizations, only referenees
to recognition "under the genferal
regulations approved by the ap-
propriate University authorities"
(Section 8.11A, page 43b). How-
ever, the ability to recognize stu-
dent organizations was delegated
to the Student Government.Coun-
cil In the Regents' proceedings
that established that group. The
Student Government Council pass-
es rules that stand unless vetoed
by the vice-president for student
affairs. The Office of Student Af-
fairs then publishes these- rules
in a booklet entitled University
Regulations Concerning Student
Organizations.
This booklet, last published in
1961 and now out of print and
generally unavailable, specifies two
ways in Which a group may quali-
fy for recognition by the Student
Government Council: (1) submit-
ting a list of 20 members, or (2)
submitting "a statement ;which
lists those of its prospective mem-j
bers who wish to be listed" and
attests that there are 20 Univer-
sity students who are prospective
members. No group, apparently,
has ever used this second proced-
ire; until recent weeks It remain-
ed unknown both to the present
staff in the Office of Student Af-
fairs and to the present members
of Student Government Council.
This booklet mentions neither the
confidentiality nor the public na-
ture of these organizational docu-
ments.
In recent years, the practice of
recognizing students' organizations
hs been that: (1) an organization
files its request-naming officers,
faculty sponsor, and 20 of its
members (the naies of members
that first come to the petitioners'
minds, apparently),-with the Of-
fice of Student Organizations, this
being the convenient repository;
(2) the Student Government
Council, at its next meeting con-
siders these requests; (3) failing
a majority vote to the contrary,
the organization is recognized, and
the list is returned to the Office
of Student Organizations for ap-
propriate filing. At this open
meeting, the list is not made avail-
able to anyone but members of
the Student Government Council.
At the outset of each academic
year, the Office of Student, Or-
ganizations sends each recognized
group a form for "Membership
Report," asking for the names of
20 current members and the cur-
rent faculty sponsor.
The Office of Student Affairs
uses these lists (1) to check grade-
pointaverages of officers, since
officers must maintain a 2.0 av-
erage, and (2) to record extra-
curricular activities on the "Per-
sonal Record" it maintains on

Recommends
Safeguards
For Dissent
Establishes Advisory
Student-Faculty Panel
For Civil Liberties
By PATRICA O'DONOHUE
The faculty Senate . Assembly
yesterday approved seven pro-
posals pertaining to the preserva-
tion of civil liberties on campus
and to the University's recent sub-
mission of student organization
membership lists wO the House Un-
American Activities Committee.
The resolutions expressed regret
at the HUAC incident, established
a student-faculty civil liberties
board, and recommended proce-
dures designed to guarantee pro-
tection of freedom of association
and dissent at the University.
The proposals were adopted
"without significant dissent," ac-
cording to Prof. James Wendel,
chairman of the Ad Hoc Commit-
tee on the Question of Disclosure.
Wendel's committee presented the
proposals to the assembly along
with a report on the HUAC in-
cident.
Of the seven proposals adopted.
only one was substantially changed
from the form in which it was
submitted by the 'committee. Ac-
tion on an eight 'committee pro-
posal was 'postponed indefinitely.
University administrators con-
t;cted last night said they will
Withhold comment on the faculty's
action until they have an oppor-
tunity to study the proposals and
the accompanying report.
Three of the seven proposals
were resolutions expressing "the
sense of the Assembly." They state
that:
-The University's compliance
with the HUAC subpoena was "re-
grettable."
-"No official records relating to
political convictions and associa-
tions of students and faculty
should be kept within the Univer-
sity community, except that offi-
cers of recognized organizations
may be required to make a public
declaration of their identity," and
-Decision making at the Uni-
versity requires "continual and
close consultation among students,
faculty and administrative officers.
The second of these resolutions
originally stated that offical rec-
ords relating to the political con-
victions and associations of stu-
dents and faculty should "be pre-
sumed to be confidential and that,
should disclosure become unad-
voidable, those concerned 'be
promptlynotified."
Wendel said this was. changed
because a majority of the Assem-
bly's members wanted offical rec-
ognition of student organizations
to be based on filing standing rec-
ords.
The remaining four proposals
were motions and now stand as
legislation.
Two .of these established the
civil liberties board, which would
consult with and advise the ad-
ministration and may "assist per-
sons who, in their roles as students
or staff, suffer threats to their
civil liberties."
It is to be composed of five
members, three appointed by
SACUA and one each by Student
Government Council and Gradu-
ate Student Council.
The board is charged with "de-
termining current record-keeping
rules and practices throughout the
University; with determining what
Information is needed, and how
long it needs to be kept; and with
formulating a recommended Uni-

versity policy for faculty and ad-
ministrative officers on inquiries
from outside the University con-
cerning students and faculty."
The faculty assembly also urged
the administration to obtain "all
legal advice available" when con-
fronted with a civil liberties case
and asked that "legal assistance
be made available when requested
by the civil liberties board."
Finally, the assembly requested
the University president to "join

WASHINGTON SPEECH:
Vivian Rejects Viet Escalation

Rep. Wes Vivian (D-Ann Arbor) with far-reaching repercussions in
yesterday rejected both immediate, Southeast Asia."
unconditional withdrawal from "At the same time," Vivian
Viet Nam, and continued escala- said, "continued escalation or in-
tion of the level of hostilities, as tensification of the war carries
viable approaches toward settle- with it dangers equally grave.
ment of the conflict. Such escalation contributes to tre-
mendous destruction, to increas-
In a speech before the House of ing misery and poverty, to increas-
Representatives, Vivian asserted ingly severe casualties, loss of lives,
that the only way out of the pres- and bombing of villages by error.",

an instrument to induce negotia-
tion."
* Assurance to all parties to the
conflict "of a seat at any negotia-
ting table."
* Commitment to the phased
withdrawal of American forces.
* Pursuit of "a neutral role for
Viet Nam," internationally guar-
anteed, with participation by an

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