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January 04, 1961 - Image 4

Resource type:
The Michigan Daily, 1961-01-04

Disclaimer: Computer generated plain text may have errors. Read more about this.

Seventy-First Year
uth Wil Preva -"
torials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in all reprints.

WJANUARY 4, 1961


Student Right to Protest
Could Be Better Implemented

E CLASSIC AMERICAN ideal of an in-
lividual's right to protest against injustice
aving considerable trouble being accepted
Student Government Council.
he proposed committee on student rights
have three functions-to serve as a griev-
committee for those who feel their rights
being violated, to review University policies
erning student rights and to periodically
ish a booklet which will discuss both stu-
rights and responsibilities.
bjections to the idea of a student rights
mittee have included charges that it will
poking for trouble, be irresponsible, is un-
ssary or will destroy existing machinery
ing with student rights, such as the Joint
vciary Council.
he charge that the committee will be look-
for trouble is advanced by those who think
committee's function of reviewing existing
versity regulations and policies concerning
ent rights will cause the committee to
.gate needless dissension.
E COMMITTEE WILL not look for
trouble, however, but will be interested in
e areas of trouble that may already exist.
committee, in its function as a grievance'
mittee, will operate in a manner similar
hat of the President's Civil Rights Com-
ion-to serve as a channel to which those
have grievances may submit them. The
mnittee, in .its function of review of existing
rersity policies for student rights, will per-
i one of the same functions which the
.inistration now performs-to constantly
ider the University's policies and practices
,rding student rights and to recommend
iges when necessary. The committee, un-
the administration, will not have the power
nake changes, however, but will merely
mmerid changes when it feels these changes
is rather disappointing to hear members of
lent Government Council object to forma-
of a committee on the grounds that a
.ent committee will be "irresponsible." If
actions of the Council itself are any in-
tion student bodies may act with as much
Lion, often unnecessary, and deliberation
idult bodies. The committee will be com-
d of five members, all of whom must be
roved by the Council to become members
he committee.
SHOULD BE self-evident that from a stu-
dent body of both the size, intelligence and
riously demonstrated responsibility such as
iently exists at the University there will
ar more than five people with the requisite
wledge and tact to sit on such a committee.
seems likely that such students will also
,ware of the sensitivity of the problem with
:h they are dealing. This sensitivity pre-
es both irresponsibility and any other
on except thorough consideration of prob-
s and sound recommendations concerning
tions to these problems.
[OSE WHO FEEL the committee is not
needed have said they think the University
ilations regarding student discipline are
e fair and they see no possible way in

which such a set of regulations could per-
secute a student. A grievance committee is not
being proposed because Council members may
disagree with University regulations, how-
ever. It is being proposed to serve the need's
of any student who feels that either due to
University regulations or policy, or enforcement
of either University regulations or policy, his
rights are being violated. The Lubin-Hall case
is a notable recent example of an instance
where there was a question of how well stu-
dents' rights were being dealt with.
WHETHER CERTAIN individual Council
members either do or do not agree with the
University's right to suspend students for
such an offense, they have a responsibility
to the campus to let those who do feel this is
a violation of their rights to be able to go to
an official agency and register their complaint.
There is a question, for example, of a uni-
versity's right to have any other regulation
governing its students than that they abstain
from damaging behavior and demonstrate a
degree of academic competence sufficient to
justify their retention in the University.
THE FOURTH OBJECTION to the grievance
committee-that it will destroy existing
machinery-raises the question of what such
existing machinery is designed to do.
The Joint Judiciary Council is very definitely
not an organization designed to protect stu-
dents who feel the administration has violated
their rights. It is, rather, an organization more
concerned with what the administration feels
to be a student's responsibilities. Joint Judiciary
Council, like any other court, does not exist to
question policies or practices but enforces
existing policies through existing practices.
N ADDITION TO not being designed to be
concerned with student rights, Joint Judi-
ciary Council also does not come into contact
with all cases which may involve violation of
student rights. If the University has established
unwritten policies which may violate a student's
rights, this would be another argument for a
committee. Those cases which are not heard
by Joint Judiciary Council or any case which
may involve violation of an unwritten Univer-
sity policy are decided in private consultation
between students and University officials and
there is little or no chance for a student to ap-
peal the decision with any effectiveness except
for a public protest that is unlikely to affect
the decision and will perhaps do no more than
'publicy embarrass the student involved.
The committee is intended to be an organ-
ization that will protect the student, rather
that merely listen to his complaints. As such, it
will be different from any existing University
agency, either official or unofficial, in both
intent and practice.
The administration, whenever it changes a
ruling regarding student discipline, admits that
these regulations are not infallible; admits that
therefore they are subject to both continuous
review and change as conditions warrant. It is
to be hoped the day will come when the person
most affected by these regulations, the student
himself, is able to share in this process of re-
view, and question.

'No Time'
IT SEEMS " The Young Have No
Time" in Denmark; and if you
haven't had the time to see this
movie at the Campus, you have
not missed much.
Since this was the last evening
the movie was shown, there is not
much point in a plot summary,
which was close to nil anyway. It
seemed more like one of those
tiresome movies the psych depart-
ment shows that Insists on demon-
strating that a person does nt
need to face overwhelming crises
to become neurotic.
Of course these young people
did not face neuroses, they faced
moral vacuity. At the age of in-
itial sexual encounters,athey turn
to their parents behavior for ex-
amples of proper conduct and see
divorce and moral laxity.
* * *
always ' half-blind . .. half-ready"
in regard to so many other things,
was also that way with their
children's moral training.
One poor mother's expected
rationalization, "But we gave her
everything she wanted," is dis-
posed of quickly by tne father,
"That was good for you, not for
her." The same can be said of his
desire to thrash his daughter.
One man has an answer, and it
seems the one recognized by the
movie as official. Get tough!
IT WORKS IN this movie, but
only because his son is a coward.
If a young son lad enough guts
not to go to bed on time, and
instead go to bed with his girl
friend, what would happen to the
And many rebels have enough
guts to walk outon their parents.
The get tough solution does not
work on the truly tough rebels.
In terms of the movie, these two
characters should suffer defeat.
However, there are other ways to
look at rebellion. A line from
Look's recent youth issue refers
to speed somewhat poetically
imagine), but captures an atti-
tude that might be more profitably
discussed: "Speed . . It may lead
to a traffic ticket -or to the
-Thomas Brien
Continued from Page 2)
should consult the bulletin board in
Room 1020, daily.
18-Psychological subjects (hours to be
1-Chemistry or Life science major
(Jr., Sr., or Grad 20. hours per
1-Graduate student-Psychology or
PhysioogyTechn icln.
1-Artist-sketching (20 hours per
1-Experienced machinist (lathe, mill-
ing machine, shaper, etc., prefer
engineering student).
4-Girls for light housework (hours
to be arranged).
8-Psychological subjects (21 or over,
for drug experiments).
2-Meteorology lab-workers - Pollen
counters, half-time).
I-Anatomy technician - Histology
(20 hours per week).
1-Artist-sketching (15-20 hours per
1-Experienced addressograph opera-
tor (15 hours per week.
Sample Making Dept. for TRAINEE in-
terested in mechanical engineering
and,/or design work. College training
or some experience in drafting, blue-
print work required. Degree not man-
WKNZ Radio Station, Saginaw-Im-
mediate opening for NewskAnnouncer
to start with radio & work into TV.
B.A. Journalism or experience in news

work. Would consider Feb. grad; male.
Please contact Bureau of Appoint-
ronts, Rn, 4021 Admin., Ext. 3371 for,
further details.
The following part-time lobs , are
availaole. Applications for these jobs
can bmhe ma+de in the Non-Academic
Personnel Office Room 1020 Adnilnis-
tratlon Building, during the following
hours: Monday through Friday, 8:00
u~m., to 12:30 p.ma.
Employers desirous of hiring part-
time or temporary employees should
contact Bill Wenrich, Part-time Em-
ployment Interviewer, at NOrmandy
3-1511, extensilon2939.
students desiring miscellatneoua jobs

(EDITOR'S NOTE: The following is
taken from an address given by
William P. Rogers before the for-
tieth annual convention of the Tan
Epsilon Rho Law Fraternity on
Dec. 29, 1960.)
Attorney General of the United States
THERE IS no more important
concept in our system of gov-
ernment than that all men are
equal in the eyes of the law. This
ideal expresses our belief in the
worth of each individual in our
society. It reflects our determina-
tion that no one, .however power-
ful or prominent, has any more
rights nor are his rights determ-
ined any differently than the
humbles or least known among us.
In the broad sense, this is what
we mean when we talk about civil
rights. Obviously men are not
equal in all things; some are wiser,
some are richer, some are stronger,
Ibut In terms of rights and privi-
leges guaranteed by law and pro-
tected by government all men are
the same regardless of race or re-
ligion. No thoughtful person, I
this-in the abstract.
Why is it, then, that there are
so many otherwise thoughtful per-
sons who are vehement in their op-
position to the principle when it
is put into practice?
. ,* , ,
THERE ARE many complex, and
often confused reasons why this is
so. I shall refer only to two of
them. The first is the group re-
sponse which manifests itself in
the general phrase, "states' rights."
The second is the individual re-
sponse which manifests itself in
the statement, ~I've got some
rights, too.".
From these two starting points
it is an easy matter to become con-
vinced of the rightness of 4. wrong
How can you explain the con-
stitutional guarantees, in easily
understood terms, to refute these
responses? It might be stated this
way-the Constitution prohibits
government- from having preju-,
dice.' The Constitution does not
prohibit private prejudice-that is
a matter of individual conscience.
It does,however, prohibit dscrimi-
nation based on race or religion by
government. Stated another way,
the Constitution does not attempt
to prevent an individual from be-
ing a bigot or racist. The Constitu-
tion does proscribe however, big-
otry or racism by governmental ac-
tion, federal or state, direct or in-
direct. No government by statute
or by any governmental action
may say-or defend in the name of
"states' rights"-"you do this be-
cause you are a Negro" or "you do
this because you are white" or "you
may not do this because you are
an Oriental." It may not build a
highway to be used only by certain
religious groups-it may not build
public parks to be used only by
certain racial groups-it may not
build and maintain public schools
for any racial or religious group
or groups. Stated simply then, the
Constitution means that no gov-
ernment-federal, state or local-
may treat people differently be-
cause of race or religion.
* * *
WHAT ABOUT the contention,
"I've got some rights, too"? The
answer which I have already sug-
gested is, of course, that the Cn-
stitutiton does not prohibit indi-
vidual prejudice or bias as long as
it is confined to that. However,
an individual may not take any
action either alone.or with others
to intimidate or coerce any per-
son from exercising his constitu-
tional rights. Nor may he look to
governmental sanction or protec-
tion of his prejudices.
For purposes of illustration, let
me turn to two major areas-vot-
ing and school integration-where
we have encountered some of the
problems I have mentioned and
where, I am happy to say, we have
made some significant progress.
Most people recognize that in

the field of voting there can be no
racial discrimination by law or by
any state official. On the other
hand, it is not so well understood
that certain types of 'private con-
duct" by private citizens can al-
so violate federal law. It is here
that the "I have my rights, too"
argument is heard most vocifer-
- ,, ,S
TIIIS POINT is illustrated by
three cases initiated by the De-

Federal Protection for,


FAYETTE COUNTY-Two Negroes drive final stakes after putting up new tent at "Tent City"
has been built for evicted tenant farmers in Fayette County, Tenn., in Somerville area. Nine fa
are living in the ten tents that are up,

partment this fall under the Civ-
il Rights Acts of 1957 and 1960
which permit the government to
seek injunctions to protect the
right to vote and to proceed
against any person who resorts to
reprisals, threats or economic co-,
ercion to intimidate citizens, re-
gardless of their race, from vot-
ing. Parenthetically, I want to
say that I believe that these stat-
utes are great landmarks in the
struggle for human rights. I hope
you will understand and excuse
my pride in the significant role
taken by the Department of Jus-
tice in conceiving, drafting, and
fighting for their passage in Con-
These cases to which I refer are
in Haywood and Fayette Counties,.
Tennessee, and involve massive
boycotts by more than 150 defend-,
ants against Negroes who voted
or attempted to vote. The boycott
even extended to those who do
business with those Negroes who
voted or attempted to vote. The
government alleged that def end-
ants circulated lists containing
the names of Negroes who were
registered or who had attempted
to register. These lists were used
by storekeepers who kept them un-
der their counters to identify Ne-
gro customers to whom they would
refuse to sell groceries. Certain de-
fendant banks are alleged to have
referred to the lists and denied
credit for crop loans to Negroes
whose names appeared there. Oth-
er defendants, who are gas .dis-
tributors, are charged with having
refused to deliver gas to the farm
tanks of Negroes for their trac-
tors. Still other defendants are
accused of refusing to sell fertiliz-
er and other farm necessaries to
listed Negroes. In short, in these
[arm counties, the Government has
charged the defendants with re-
moving or attempting to remove
from Negroes who sought to vote
all of the necessities for earning
a living and, indeed, of subsisting.
THE ARGUMENT advanced by
by the defendants and other in-
terested parties is that the De-
partment is really seeking to in-
terfere with the right of persons
to conduct their own busines as
they see fit. They claim a right
to do business or not to do busi-
ness with anyone they choose.
They say the reasons for their acts
are no affair of the Government.
The Government does not dis-
pute that ordinarily a private citi-
zen may ruft his own business in
his own way. What we do contend
is that no one has the right to re-
sort to economic coercion or acts
of reprisal to discourage or thwart
any person from exercising his
constitutional right to vote. Stated
simply, the law forbids acts com-
mitted by private citizens in the
conduct of their private business
when aimed at depriving persons
of their right to vote, In these
cases we are contending that the
defendants are not seeking to ex-
ercise a legitimate business right-
they are seeking to punish others
for exercising their lawful con-

stitutional rights. This the law
is designed to forbid.
Turning now to the argument
of "states' rights" let me illustrate
how the doctrine has been dis-
torted in an effort to prevent Ne-
groes from enjoying their consti-
tutional rights in the field of
school desegregation,
* * *
segregation it must be- borne in
mind that for some 150 years we
lived in a legal and social frame-
work which did not prohibit the
building of separate but equal
school systems in many states. For
understandable reasons, this has
posed a number of difficult prob-
lems in adjusting to the Supreme'
Court's decision in 1954. The most
persisitent false notion and one
that has been the most difficult to
dispel is that there is some legal
means of overcoming that decis-
ion and preserving public school
systems on a racially segregated
To. a large degree this is what,
has been involved in the New Or-
leans school case. Since 1954, it
has been the law that a state vio-
lates the Constitution of the
United States when it denies a Ne-
gro child who is otherwise quali-
fied for admission to a particular
public school, and who seeks ad-
mission, the right to enter that
school, Nevertheless, starting in
1954, and continuing right up un-
til this month, the Louisiana Leg-
islature in a series of extraordin-
ary sessions has enacted more than
30 'statutes and resolutions de-
signed to prevent desegregation of
the Orleans Parish school system.
Recently the various pressures
such as impairment of credit,
withholding of salaries, attempts
to legislate out of office School
Board members and similar acts
convinced the District Court that
the Department should participate
in the basic cases for the purpose
of protecting and implementing
federal court orders and processes.
The Department had already in-
tervened in a related suit to re-
strain enforcement of a Louisiana
statute making it a crime for Fed-
eral judges, lawyers and marshals
to make and implement orders of
the Federal Court in connection
with school desegregation cases.
* * ,
IN THE LIGHT of these devel-
opments certain observations about
the Orleans Parish school desegre-
gation problem, though obvious to
most of us, cannot be overempha-
sized. Notwithstanding the resist-
ance of the Louisiana Legislature
and other state officials, I believe
it fair to observe that this diffi-
cult litigation and the so-called
"continuing crisis," discouraging
as it has been, may provide greater
understanding that the obstruct-
ive belligerent course is of no avail
but merely causes grief for all con-
cerned. If this lesson has been
learned it may provide hope of en-
hanced progress in the future, not
only in Louisiana, but in other
states as well. Let me point to
some of the results to date.

First, the Supreme Court and
the Federal-District Court, have re-
iterated that "interposition," which
after all is only a polite term for-
nullification, is a thoroughly dis-
credited legal doctrine and, in-
deed, has been since the days of
President Andrew Jackson.
Second, the case clearly empha-
sizes the important legal proppsi-
tion that state legislation, seem-
ingly innocent on its face, must
fall where it is obviously designed
to impede or obstruct federal court
orders based on clear-cut consti-
tutional principles.
Third, -this school crisis has un-
derscored the fact that opposition
to federal courtdecrees is acti-
vated by a small minority of the
population in the community af-
fected-a group, by and large,
which is susceptible to .the pas-
sions aroused by white citizens'
councils and similarly oriented
FOURTH, steadfast and object-
ive devotion to their law enforce-
ment duties by the police force-
in this case the New Orleans po-
lice force-can be a very stabilizing
influence in a crisis of this kind,
Fifth, it is heartening to ob-
serve how successful and effect-
ive groups can be, such as the
League of Women Voters, Save Our
Schools, and the business organi-
zations which have spoken with
increasing vigor against the intei-
position tactics of state officials.
Finally, the New Orleans ex-
perience is increasingly demon-
strating to people of good will in
Louisiana and elsewhere that state
officials, who are sworn to observe
the Constitution of the United
States, can only cause widespread -
economic -and social problems for
themselves and their constituents
by massive legal resistance to the
, *. * *
IN CONCLUSION, let me leave
you with these thoughts. A sound
legal framework now exists upon-
.which to build further and sub-
stantial progress in the field of
civil rights. The question which re-
mains is whether that progress will
come in an orderly fashion or on-
ly after last-ditch resistance which
is so harmful to our nation.
The United States, of course,
can and will compel compliance
with the Constitution and laws.
Legal actions such as those to
which I have referred serve to
teach and mold attitudes and
crystallize public opinion in sup-
port of Constitutional concepts.
But a lasting solution in the field
of race relations requires that peo-
ple in their home communities ac-
cept the principle of equality un-
der law and practice it in their
daily lives.
We must always remember that
scrupulous regard for the rights
of others and for the integrity of
the law's processes lies at the very
core of ordered liberty. It is in
this spirit that we must ultimately
achieve, for all our citizens, the full
realization of the freedoms which
our Constitution guarantees.

Restoring Commitments

1. RUSK is taking office at a time of criti-
cal and perplexing change in our foreign
ions, and he will need the kind of under-
ding support which comes not from dog-
ic but from open and inquiring minds. We
have every confidence in him provided the
atry will understand how greatly the
rican position in the world has changed in
past ten years.
he Kennedy administration will not inherit
ell-established and settled foreign policy. It
inherit the necessity of augmenting our
-all national power and of revising many
ur post-war commitments. This will be a
iul and perhaps an unpopular business.
0 NOT think that this sober view is unduly
omber. It is essentially the view which con-
ited the central theme of Sen. Kennedy's
paign. When he talked of our loss of pres-
and of the deterioration of our power and
tion, it was not merely the conventional
paign orator's viewing with alarm. The
ive position of the United States in the
d wide balance of forces has declined mark-
In one place after another, not only in
a, in the Congo, in Algeria, in Laos, in the
agement of our alliances, our diplomacy
become increasingly ineffectual, oftep em-
rssingly so.
WOULD BE not only unfair to the Eisen-

our monopoly of nuclear weapons, we had more
gold and more productive capacity, we were
more invulnerable than any other power, in-
deed than all the other powers combined. This
could not endure. Since the end of the forties,
when the Soviets exploded their first nuclear
device and we organized the Marshall Plan, the
imbalance which was once in our favor has
been changing.
Since the Korean war it has been changing
greatly, and by 1957 or thereabouts, our rela-
tive military and economic power in the world
were declining dramatically. In the campaign
Mr. Eisenhower indignantly denied this. But
the fact is indisputable,
THE CORRECTION of our military and eco-
nomic weakness is the crucial business of
the Kennedy administration. It will involve not
only the Departments of Defense and of the
Treasury, but also the Departments of Labor
and Commerce. For there -is a critical task to
be done with big business and big labor in or-
der to increase our competitive capacity in the
world, which is central to the problem of our
balance of payments.
The Department of State cannot do much to
augment our over-all national power, But it
can play a mighty part in the revision, long
since over-due, of policies and commitments
which have had their historical origin in the
radically different situation of the immediate
it. m..t ill nit he.esvto work out


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