Seventy-First Year EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN i Opinions Are Free UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS uth Wil Preva -" STUDENT PUBLICATIONS BLDG. ANN ARBOR, Mich. * Phone NO 2-3241 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 NIGHT EDITrOR: ANDREW HAWLEY 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 warranted. 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. -RALPH KAPLAN AT T HE CAMPUS: 'No Time' NoWate 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. * * * THE GENERATION that was 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 solution? 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 planets" -Thomas Brien DAILY OFFICIAL BULLETIN Continued from Page 2) should consult the bulletin board in Room 1020, daily. MALE 18-Psychological subjects (hours to be arranged). 1-Chemistry or Life science major (Jr., Sr., or Grad 20. hours per week). 1-Graduate student-Psychology or PhysioogyTechn icln. 1-Artist-sketching (20 hours per week). 1-Experienced machinist (lathe, mill- ing machine, shaper, etc., prefer engineering student). FEMALE 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 week)., 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- datory, 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. Part-Time Employment 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.) By WILLIAM P. ROGERS 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 cause. 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- ously. - ,, ,S TIIIS POINT is illustrated by three cases initiated by the De- Federal Protection for, [A 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- gress. 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, * * * IN CONSIDERING school de- 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 basis. 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 groups. 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 Constitution. , *. * * 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. TODAY AND TOMORROW Restoring Commitments By WALTER LIPPMANN 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. 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