SATURDAY, JUNE 12, 1965
THE MICHIGAN DAILY
PAGE THREE'.
SATURDAY, JUNE 12, 1 9 6 5 THE MICHIGAN DAILY PAGE THREE
NO POLITICS, NO RELIGION:
Rulings Focus on Personal Rights
KHRUSHCHEV CONFERENCE:
Sees Soviet Liberty Extension
By JAMES MARLOW
Associated Press News Analyst
WASHINGTON-The Supreme
Court handed down some historic
decisions in the 1964-65 term end-
ing yesterday but escaped the
torrential abuse of other years for
a simple reason.
It did not poke around much in
the highly sensitive fields of re-
ligion and politics. Thus, all the
talk of curbing the court or un-
doing its decisions once more got
nowhere.
Again this year, the court con-
tinued to broaden its protection
of individual rights and liberties,
something it has continued to do
ever since Earl Warren became
Chief Justice in 1954.
Action Span
Actions spanned from the field
of civil rights to the field of busi-
ness and labor disputes.
In the first test of the 1964
Civil Rights Act, the court upheld
the public accommodations sec-
tion requiting restaurants and
motels to serve all races if the
restaurants' customers or food
move in interstate commerce.
In the area of court procedure
the court also extended a ruling
it made two years ago which al-
lowed defendants a right to an
attorney in all key stages of state
criminal trial proceedings. It
maintained that a defendant had
a right to fact and to question
witnesses against him,
No Comment
The court also barred state
judges and prosecutors from com-
menting to juries if a defendant
-exercising his constitutional
right to say nothing-refused to
take the stand in his own defense.
But the court also decided a de-
fendant's constitutional right. to
trial by jury does not include the
right to demand a trial without
jury in a criminal case if either
the prosecutor or judge does not
agree to such a thing.
One of the court's most sensa-
tional decisions came June 9 when
the court threw out the conviction
of Billie Sol Estes on a Texas
swindling charge because his trial
was televised.
Day in Court
"A defendant on trial for a
specific crime," the court said, "is
entitled to his day in court, not
in a stadium or a city or a na-
tion-wide arena. Trial by televi-
sion is therefore foreign to our
system."
But some justices indicated this
is not the last word on televised
trials.
Another ruling in effect also
upheld the California Supreme
Court in overturning the convic-
tion of a convict, who stabbed a
fellow prisoner to death, because
the confession used against him
was taken by officers who did not
advise him of his right to an
attorney and his right to stay
silent.
. No Passport
In other action the pourt upheld
the State Department in refusing
a ski resort operator a passport
to Cuba. The operator said his
only reason for going was to be
informed. The State Department
says only those can go whose
travel might serve this country's
interest.
In voiding a Louisiana require-
ment that would-be voters must
satisfactorily interpret the United
EDITOR'S NOTE: Seven experts
on the Soviet Union participated in
the University's "Conference on the
Khrushchev Era and After" last
weekend. The following is the last
article in a five-part series report-
ing the last five speeches of the
conference. The first two were cov-
ered in Friday's Daily.
By ROBERT MOORE
The rights of the individual are
being emphasized more and more
in Soviet law-making, althoughI
there are still many practices
which interfere with personal free-
dom, Prof. John Hazard of Co-
lumbia University said recently.
Hazard, speaking last Friday in
the University's "Conference on
the Khrushchev Era and After,"
said that recent legal moves made
since Khrushchev's ouster indicate
a reaffirmation of the desire to
find the facts out in a trial rather
than merely to punish someone.
Among the indications that
Hazard mentioned of this "in-
creased rights orientation" are:
-Increased pressure for multi-
candidate elections;
--A tendency from flexibility
to stability in law;
-Posters in prison camps ex-
plaining prisoners' rights;
-Periodic surprise prison in-'
;pections where all civil prisoners
are asked if they have been given
their rights;
--No Soviet death penalty de-
cree since Jan. 1, 1965;
-One reversal by a higher court
of a death penalty;
-A libel suit against a state
newspaper, and
-A reasonable correspondence
between the proportion of Jews
arrested and the proportion of
Jews in the population.
Fair Trial!
Hazard quoted one Soviet lawyer
who told him "we Russians must
prove that there is nothing in
Communism which would be
against a fair trial.".
But, Hazard added, there are
serious deficiencies in the Soviet
legal system. In court procedure,
for example, a prisoner is not
given a lawyer before he is in- There have been thousands of
dicted and, even if he is acquitted, letters sent to officials asking for
he may still be tried again for the multi-candidate elections, Hazard
same charge, Hazard pointed out. said; at one meeting of lawyers
Lower courts hand out very se- discussing individual rights, one
vere penalties as a matter of pro- lawyer stood up and complained,
cedure, Hazard said, because they "well, none of this 'makes any dif-
are afraid to be considered len- ference as long as we still have a
ient and expect higher courts to one-party system."
lessen the penalty if it is neces- He sat down amid dead silence,
sary. Hazard recalled; but the most im-
Other Deficiencies portant thing is that no one booed
Other deficiencies in the system him, reported him or asked for his
are that lawyers live mainly on punishment.
under-the-table fees, only womep One party official told Hazard
are judges and the rulers them- that the multi-candidate election
selves are still not concerned with question was "not a secondary is-
justice, but with practice, Hazard sue."
explained. Only by practical argu-
ments, not moral ones, have rights
been extended this far in the So-
viet Union, he added.
"It may be that before too long
we can expect to see multi-candi-
date elections in the Soviet Un-
ion," Hazard told a surprised au-
dience.
"This is an extremely important
step in the Russian rights orien-
tation, and is amazing when com-
pared with the Russia of 30 years
i
|
Supreme Court Justices Warren, White and black
States or state constitutions, the reaches a dead-end in negotiations
court maintained that this testI with a union for a new contract,
was part of a plan to deprive
Negroes of their right to vote.
Louisiana has abandoned this re-
quirement but other states have
similar ones.
In the labor field the court said
an employer may shut down his
business for any reason-he might
not want to deal with a union-
he can lock out the employes
temporarily to put economic pres-
sure on the union.
Further, the court ruled un-
constitutional a federal law mak-
ing it a crime for a Communist'
to serve as an official of a labor
union; and it said unions forfeit
their exemption from antitrust
laws if they conspire with certain
employers to drive other em-
ployers out of business.
In another area the court
broadened the freedom of citizens
to criticize public officials without
but he
part of
ing.
may not shut down only
his business to avoid deal-
penalty, saying statements made
in ill-will are not grounds for
criminal libel unless made with
"reckless disregard" for the truth.
In 1962 and 1964 the court'
created a political revolution by
its reapportionment decisions
which said election to the House
of Congress and both houses in
a state legislature must be made
more democratic by giving all
voters an equal voice. The court
didn't add to them this year.
The reapportionment rulings
will eventually affect a majority
of the nation's states, some of
which have legislatures which
through unequal apportionment
give majority power to a tiny
minority of citizens.
In 1962 and 1963 the court again
brought the roof down by barring
official prayers in public schools
of a pledge of allegiance contain-,
ing recently but escaped the
ing the words "under God."
Economic Pressure
Yet, the court agreed unani-
mously that when an employer
ago."'
I-
The Week,
To Come
SATURDAY, JUNE 12
7 and 9 p.m.-The Cinema Guild
will show "Yankee Doodle Dandy"
starring James Cagney in Archi-
tecture Aud.
8 p.m.-The University Players
will present "Trifle Threat," a bill
of one act plays, in Lydia Men-i
delssohn Theatre.
FRIDAY, JUNE 18
7 and 9 p.m.-Cinema Guild will
present "Comedy" Classics" in the
Architecture Aud.
SATURDAY, JUNE 19
7 and 9 p.m.-Cinema Guild will
present "Comedy Classics" in the
Architecture Aud.
Right To Work' Law Controversy Rages
"That," Hazard laughed, "is ar
understatement.
A multi-candidate e 1 e c t i o n
would lead to factions within the
Communist party, Iazard ex-
plained, although fations had
been banned in 1921. "And fac-
tions are just one step away fron
political parties," Hazard said.
Legally, the basic change in
Soviet law has been from flexibil-
ity toward stability, Hazard said.
Stalin had favored flexible laws
which would give him more power.
So Soviet law of that time was
based on two flexible principles:
-Crimes against the state were
defined as "wrecking the state";
this allowed wide deviation in ap-
plication of the law, and
-An important argument in
Soviet law was "analogy": if there
was no existing provision for a
particular case, the state could
point out another law which seem-
ed similar in concept and use that
in its trial.
Both these principles have 'al-
most been eliminated, Hazard said.
Just recently, Hazard added, an
important legal decision was made
in the Soviet Union. Premier Alex-
ei Kosygin decided to block the
formation of a legal system which
would have one code for civil
crimes (crimes against other citi-
zens) and another code for politi-
cal crimes (crimes agatinst the
state). Soviet lawyers had resist-
ed the move quite vigorously, Haz-
ard said.
National
Roundup
By The Associated Press
PASADENA, Calif., - Optimism
was growing yesterday as the
United States Spacecraft Mariner
4 approached its final technical
hurdle before it flies past Mars
July 14 with a camera set to take
the best pictures yet of the mys-
terious red planet.
* * *
WASHINGTON - High-placed
Cuban government officials are
plotting actively to overthrow the
Castro regime, Juanita Castro,
sister of the -Cuban Prime Minis-
ter, told a House subcommittee
yesterday.
By NEIL GILBRIDGE
Associated Press Staff Writer
WASHINGTON-Over the years,
/
"right to work" laws have become
a major political issue in many
states: The debate is heightened
because at present Congress is
considering repealing section 14-B
of the Taft-Hartley Act which
makes the union shop legal every-
where except where it is specif-
ically banned. Nineteen states
have laws banning the union
shop.
The union shop is based upon
an agreement between a labor un-
ion and employer that all workers
covered by a contract must join
the union within a specified time
after getting a Job, usually 30
days.
Large union membership. In Ohio,
for example, Republicans were as-
sociated with the "right to work"
law on the 1958 ballot. Both were
resoundingly defeated.
Keep Unions Weak
Union pleaders claim these laws
were designed to keep unions weak
and that states which have en-
acted them try to entice new in-
dustry by promising or hinting
that such laws tend to keep labor
costs lower.
Representatives of labor as well
as the Johnson administration say
that it is disruptive to the entire
economy.
Supporters, principally the Na-
tional Right to Work Committee,
deny these arguments. They con-
tend the laws make union leader-
ship more democratic and more
rsponsive to rank-and-file mem-
bers because they can quit if they
are dissatisfied with the way the
union is being run without losing
their job. They also maintain that
the union shop amounts to com-
pulsory unionism.
Union spokesmen and Secretary
of Labor Willard W. Wirtz argue
that repealing section 14-B of the
Iaft-Hartley Act, the crucial point
in the current debate will not au-
tomatically impose the union shop
:n any employer. Repeal would
simply free unions to try to win
shop contracts with management.
No Power
They argue that the real issue
has nothing to do with the in-
dividual freedom of workers and
that the individual does not have
enough power to deal with a large
corporation, or even a small one
for that matter.
Once the majority of employes
in a given plant has voted to be
represented by the union, it is no
violation of individual rights to
require the minority to pay their
way in the form of union dues and
assessments in return for the wage
gains the union wins for them at
the bargaining table, union repre-
sentatives argue. A union, of
course, must first win a majority
in an election sponsored by the
federal government in order to win
bargaining rights.
On thequestion of the chances
of Congress repealing 14-B, it
looks like a tossup. Both sides
concede it will be close, although
leaders of organized labor claimed
they had an edge in votes at the
start of the battle.
Will Appeal
But the right-to-work commit-
tee says if it loses in Congress,
it will appeal to the courts-but
concedes it has little hope of up-
holding state laws except as to the
tiny area where they may apply
to purely state-as opposed to in-
terstate-commerce .
The issue first came to a head
during congressional discussion of
the Taft-Hartley Act and 11 of
the states passed laws, or consti-
tutional amendments, banning the'
union shop in the same year Taft-
Hartley was enacted-1947. One
state-Florida-had a law earlier
-1944. Indiana enacted a law in
1957 and repealed it in early 1965.
DAILY OFFICIAL B U LLETI N
.a. :.. ... x r . . .,.=s .:.
In
found
states
general, least support is
for "right to work" laws in
with big industry and a
CONTINUOUS
DIAL DAY
8-6416 FROM 1 P.M.
They Said f Could Not Be Filmedr
The Daily Official Bulletin is ant
official publication of the Univer-P
sity of Michigan, for which The
Michigan Daily assumes no editor-
ial responsibility. Notices should be
sent in TYPEWRITTEN form to I
Room 3564 Administration Bldg. be-
fore 2 p.m. of the cay preceding F
publication, and by 2 p.m. Friday
for Saturday and Sunday. General
Notices may be published a maxi- s
mum of two times on request; Day E
Calendar items appear once only.
Student organiation notices are nota
accepted for publication. 3
SATURDAY, JUNE 12e
Day Calendar
Cinema Guild - James Cagney in
"Yankee Doodle Dandy": Architecturer
Aud., 7 and 9 p.m.
University Players, Dept. of Speech
Production-"Triple Threat: A Bill of
Three One Act Plays": Mendelssohni
Theatre, 8 p.m.I
Events Sunday
No Events Scheduled.
Events Monday
Bureau of Industrial Relations Per-
sonnel Techniques Seminar-Robert H.
Guest, professor of business adminis-
ORGANIZATION
NOTICES
Use of This Column for Announce-
ments. is available to officially recog-
nized and registered student organiza-
tions only. Forms are available in Room
1011 SAB.
Graduate Outing Club, Hiking and/or
swimming, June 13, 1:30 p.m., Rackham,
Huron St. entrance.
University Lutheran Chapel, 1511
Washtenaw, Bible Class, 9:15: "The
Parable of the Unjust Judge"; Service,
10:30: Communion, Vicar Stephen Stein,
speaker: Gamma Delta, 6: an outdoor
supper followed by preview of Synodi-
cal Convention beginning June 16 at
Cobo Hall in Detroit. All welcome.
tration, "The Management of Change": advancement. Locations throughout the
Michigan Union, 8 a.m. state. Applications available at Bureaui.
Placement
POSITION OPENINGS:
Ayerst Labs, Royal Oak, Mich. -
Pharmaceutical Sales. BA, courses in
Pharm., Chem., or Prelmed. Will con-
sider 2 yrs. college. Exper. not req.
Age 25-35 for immed. opening.
State of Michigan-1. Research An-
alyst. BA Statistics, soc., psych. or rel.
3-5 yrs. exper. with seoc. and/or psych.
data. May substitute MA for 1 yr.
exper. Application deadline June 28.
2. Public Welfare Worker. Degree;
or 2 yrs. college study plus 2 yrs. soc.
casework exper. Submit application by
July 6 or Sept. 7.
Mercy College of Detroit-Recruit-
ment Director. Immed. opening. Male
grad withmexper. to direct admissions
& recruitment office. Some travel req.
Age 25-35.
Detroit Allied Paper Co.-Traffic Man-
ager. Degree in Bus. Admin. or Econ.,
no exper. req. Handle shipping & re-
ceiving for paper bag mfr. Immed.
opening.
Drackett Co., Cincinnati, Ohio-Re-
search Position. MS in Chem., PhD de-
sirable. Perform original res. on house-
hold products.
State of Michigan-Beginning Case-
worker. Men & women. BA (soc., psych.
or educ. pref.). No exper. req. On-the-
job trng. with good opportunity for
University Activities Center
SPRING
JAZZ SCENE
Rescheduled for
Sunday, June 13, 5-8 p.m.
West Park Band Shell
FREE
Less than a mile
from campus between
Huron & Miller Rds.
In case of rain again,
concert will be held
in Union Ballroom
For further information, please call.
764-7460, General Div., Bureau of Ap-
pointments, 3200 SAB.
SUMMER PLACEMENT SERVICE:
212 SAB-
Employer's Overload, Detroit - Mrs.
Reiner will interview men & women
Tues., June 15, 9-12 & 1-5. Jobs in
Detroit area after June 26.
Manpower,1Inc.-InterviewsoThurs.,
June 17, 10-12 & 1:30-5 for jobs avail-
able in Ann Arbor, Lansing, Saginaw,
Flint, Pontiac & Detroit, for girls with
office exper. Men interested in work
in Ann Arbor apply at 111 Miller for
general labor and other temp. sum-
mer work.
Details availableI at Summer Place-
ment, 212 SAB.
I
T,
now
lighter.
than ever...
\ L~;,answer-deb
brief
It's the newest and the
:. lightest of the ever-popular
Answer-debistyles.. so
light you'll hardly know
it's there. The famous
inner band desida
flattens and controls
the tummy. Made of
nylon and LycroS'pandex
power net in white,
DPS ti i v n kWtTc
I
1 U
THIS WEEKEND
ei
* I
JAMES CAGNEY
1 a
in
the musical cormedy classic
1 i!
"YANKEE DOODLE DANDY"
1
1 1
The joyous story of George
M. Cohan, America's legendary
| Vaudeville star and songwriter
Rtiilt~i r rirvIsrindnI, 'you kLnow!A
I