U' Vies with State over Building Funds C
(First of a Series)
By EDWARD HERSTEIN
How much control can the state exercise over University
University officials may go to court to find out.
The issue centers around recent restrictions by the Legisla-
ture on the capital outlay funds it appropriates for the University,
Michigan State University and Wayne State University. University
President Harlan Hatcher said Monday that the University would
"challenge" these restrictions-restrictions it believes may be
In particular, the University is concerned with wording in
Gov. George Romney's 1964 capital outlay bill that says
"the (state) comptroller . . . is hereby authorized and em-
powered to award suitable . . . contracts . . . for all state
agencies including the four-year colleges and universities."
The bill, as presently written, covers "architectural, engi-
neering and construction contracts to design, construct and equip
all projects" . . . and makes the comptroller's ruling "subject
to the approval of the State Administrative Board."
Two other restrictions have also cropped up, though they
have not as yet affected the University. The first restriction
takes the form of a provision in the capital outlay appropriation
bill that withholds funds from a university "except pursuant
to the terms and conditions of a subsequent concurrent resolu-
tion" passed by the Legislature. Such a clause was inserted in
an MSU appropriation last year.
The second restriction is in the form of a state constitutional
provision. It is feared that the new constitution allows an ap-
propriation already passed to be cut back if state revenues fail
to meet expenditures. This provision is yet to be used.
The University could contest these provisions in court on
the grounds that they interfere with the autonomy of the
University as guaranteed by the constitution. Article VIII, Section
4 provides that the University, MSU and Wayne State shall each
have governing boards and "each board shall have general super-
vision of its institution and the control and direction of all ex-
penditures from the institution's funds."
The State Supreme Court has rendered a number of deci-
sions which further clarify the limits of legislative involvement
with the University. Although these decisions were rendered
under the old constitution, the'relevant part of the provision in
the new one is virtually unchanged.
These rulings have established that:
1) "Legislative appropriations become the 'property' of the
University as soon as the appropriation acts become effective,...
It is clear that once an appropriation is made it cannot there-
after be subjected to any change by state administrative officers.
It is possible that even the state Legislature cannot constitu-
ionally subject the appropriation to change," according to "The
University of Michigan: An Encyclopedic Survey."
2) While the Legislature may attach conditions to approp-
riation acts with which the University must comply in order to
receive funds, such conditions "will be deemed unconstitutional
and unvalid if, by their effect, they take from the Board of
Regents any substantial part of the board's discretionary power
over the operation or educational policies of the University."
Thus the unsettled question is whether the restrictions men-
tioned above infringe on the Regents' authority. Of special con-
cern because of its immediate probable application is the pro-
vision in the capital outlay bill providing that the state comp-
troller award contracts whose funds are provided for in the bill.
Is this restriction unconstitutional?
Gene Krasicky, an attorney in the state attorney general's
office who specializes in educational matters, says "no." He
maintains that it is "permissible" for the comptroller to have
Krasicky holds that such a clause does not infringe on the
University's freedom because the type of building to be con-
sructed with the funds is still determined by the Regents and
they still have the power to turn down an appropriation.
He further says that it is unlikely a contract would be let
out to construct a building so designed that did not meet the
desires of the University after they accepted the appropriation.
However, Krasicky says it is "unclear" whether the state would
be violating the constitution in such a case.
A University official looks at the matter somewhat differ-
ently, though. He says that the procedure the University might
follow under the bill would be to let out bids for a project,
decide which one to accept, and then ask for the release of the
They might be released even though it would be uncon-
stitutional, he says. However, it is more likely that the funds
would not be released and the University "could then ask the
Supreme Court to rule this unconstitutional."
See Editorial Page
:43 a t tH
Seventy-Three Years of Editorial Freedom
VOL. LXXIV, No. 117 ANN ARBOR, MICHIGAN, WEDNESDAY, FEBRUARY 26, 1964 SEVEN CENTS
By MICHAEL SATTINGER
The International Center, hav-
ing outgrown its present location,
is seeking new facilities. The cen-
ter, now located in a wing of the
Michigan Union, has submitted a
proposal for the necessary funds to
the Central Sesquicentennial Com-
mittee, a faculty group whose pur-
pose is to plan overall program-
ming and building for the Univer-
sity's sesquicentennial anniversary.
"There seems now to be no oth-
er possibility for expansion of oth-
er University-provided program
facilities," James M. Davis,,direc-
tor of the International Center,
"Current discussions concerning
the possible merger of the Union
and Michigan League, for example,
do not envisage the creation of ad-
When the International Center
was first located in the wing in
1938, there were 296 foreign stu-
dents in a total enrollment of 11,-
475. "The center did not concern
itself with the breadth of services
which it now provides," Davis.
At present there are about 1400
foreign students on campus. There
would be about 2000 foreign stu-
dents on campus in 1970, based on
a projected enrollment of 40,000.
The basic justification for hav-
ing the international center at all
is to make possible improved
learning situations for students
from many nations, including the
United States, Davis said.
Because people gain a great deal
from their associations with people
from other nations, the University
has a responsibility to provide the
necessary facilities for group ac-
Considering the special needs of
the International Center, a new
building should include a large
multi-purpose room with stage
and adjacent kitchen. This room,
seating about 500 in chairs and
300 at tables, would be smaller
than the Union or League ball-
rooms. There is no place like this
in Ann Arbor, except in similar
rooms in a few churches, Davis
The center should also include
two conference rooms seating 25
each and a meeting room seating
about 200 which can be split in
half with a sound-proof dividing
wall and adjacent kitchenette.
Also needed is a larger lounge, one
which would seat about 50 stu-
"Several of the rooms needed
are related to food-preparation
areas because the service of re-
freshments in general and of spe.
cial national foods in particular
are important adjuncts to success-
ful international programming.
Most graduate students in Ann
Arbor live in small apartments or
rented rooms which are barely
adequate for the occupants and
offer no possibility for entertain-
ing," Davis said.
The new building would alsoti -
lude office facilities.
Senate To Take
Final Vote Today
WASHINGTON (P)-The House
passed the compromise $11.5 bil-
lion tax cut bill yesterday, push-
ing the measure within one step
of final enactment.
Senate leaders said that body
will vote today on the bill, the
biggest single tax reduction ever
President Lyndon B. Johnson's
quick signature is assured, per=
mitting millions of Americans to
start feeling the reductions with
their first or second pay checks
The bill will bring tax cuts av-
eraging about 19 per cent for in-
dividuals but ranging from 15.5
per cent in some brackets to 100
per cent for some low incomes now
taxed. Corporate rates will drop
an average of about 10 per cent.
The 326-83 House vote came
after strong pleas for economy ex-
pressed by Republicans and by
Wilbur D. Mills (D-Ark) of the
House Ways and Means Commit-
"This legislation meets the re-
quirements of fiscal responsibil-
ity," Mills said, adidng that Con-
gress must exercise all possible
restraint on spending.
"Even a one-year detour from
reduction of federal expenditures
can get us off this track," Mills
The ranking GOP member of
Mills' committee, Rep. John W.
Byrnes (R-Wis) said, 'If we don't
hold the line this bill will haunt
Republican Leader Charles A.
Halleck (R-Ind) told his col-
leagues, "We've really got to tight-
en down our belts and hold down
The Senate decided to devote its
afternoon session to final debate
on the measure with a vote on
certain passage today. Thus, this
biggest tax cut in the nation's
history-$11.5 billion-will finish
its passage through Congress after
a torturous year-long struggle and
argument over a myraid of details.
Capitol Sources ...'~V..,
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r' Dearborn Playvs Unique Role
(Last of a Three-Part Series)
By LAURENCE KIRSHBAUM
special To The Daily
the "beautiful but dumb" mis-
conception has hampered the
otherwise voluminous growth of
the University's four-year old
For the University and indus-
trial officials who joined to en-
gineer the $16.5 million Dear-
born Center in the late fifties,
the goal for their "product"
was to unleash more competent,
for southeast Michigan indus-
But selling this product to the
local students -- although the
enrollment has expanded from
37 to over 600 full-time pupils
- has been hindered by what
Vice-President and Director for
the Dearborn Center William E.
Stirton calls the either-or fal-
lacy, known as the "beautiful
but dumb" misconception.
Translated, these terms mean
that citizens regarding educa-
tion have come to. believe that
a student can only be trained
to earn a good living or to lead
a good life-one or the other,
but not both.
But Stirton says it's not so.
He has assigned himself gnd
the institution the task of cross-
fertilizing industrial training
with liberal arts backgrounding
to prepare an "industrial and
aesthetic" citizenry intent upon
better utilization of both the
leisure and working time, he
Achieving this cross-fertiliza-
tion in the future will require
the development and coordina-
tion of the locally oriented
schools, Stirton says.
He notes that in Dearborn
the progress will be not in the
expansion to a four-year lib-
eral arts oriented institution,
but in the joint development of
small, autonomous institutions
within their locality.
He draws specific contrast to
the University's Flint College,
its other two-year branch cam-
pus. In that locality, a group
of prominent citizens and Uni-
versity administrators have
framed a recommendation for
expanding into a four-year op-
Officials have also expressed
interest in trying to consumate
a similar program in Dearborn.
But Stirton maintains an em-
He says that the Dearborn
Henry Ford Community College
-tailored specifically to meet
local needs-is the proper car-
rier for the unique cross-fertili-
zation of industry and educa-
tion during the first two under-
Too often these programs are
not sufficiently advanced, he
explained. Thus, when the Uni-
versity opened its two-year sen-
ior program, its aim was to cre-
ate an industry-education bond
at the more highly-skilled pro-
Built by local industry, co-
ordinated with local education
and advised by prominent lo-
cal citizens, Dearborn Center
has made its mark as a "partic-
ular kind of institution," a
demonstration that "good living
and occupational living are two
components of the same breed,"
"They're happy with us-the
way we are We'll lick that
beautiful but dumb misconcep-
NEW HOME?-The International Center has submitted a propos-
al for the funds necessary to establish a new facility in some other
location than the one shown above, seen from Madison Street
looking west. The major reason for the move is the center's need
for more room.
Faculty Body Deliberates
Choice of Graduate Dean
By LOUISE LIND
Stephen H. Spurr, assistant to the vice-president for academic
affairs, said yesterday that the faculty committee selected to advise
the vice-president on the appointment of a new dean for the graduate
school Is "working toward an early solution of the problem.
"The committee would like to have its work completed by June
30 or earlier, if possible," he said. Ralph A. Sawyer, present dean of
the graduate school and vice-
GOP Governor Could
Seek Cabinet Post,
Return to Industry
By MICHAEL HARRAH
Special To The Daily
LANSING -Michigan Republi-
:ans may hive to come up with
a new gubernatorial candidate this
Gov. George Romney reportedly
has a six-point political program
for himself, and running for re-
election is fifth on the list.
Sources close to the governor
expect him to wait until the latest
possible moment to announce his
plans, creating uncertainty about
his future. Those close to Romney
refuse to be quoted and admit
freely they do not know anything
"for sure." In fact, they doubt the
governor has made any decision at
Observers see Romney's plans
and the possibilities as follows:
First, he would like to be the
Republican party's candidate for
president of the United States, but
sources close to Romney admit
that he is realistic about the pos-
sibilities of this. Earlier, he al-
lowed that he would accept a draft
if it were offered him, but his
aides say he calculates this as
Second, he would like to be the
Republican candidate for vice-
president. However, here again
aides agree he is not optimistic
about his chances. One source
claimed that the governor believes
he would only have a chance for
the second spot if Gov. William W.
Scranton of Pennsylvania were the
Third, he would like to have an
appointment as a cabinet officer,
although there is widespread dis-
agreement as to just which one.
Yet, the governor reportedly full-
well realizes this depends solely
on GOP fortunes in November.
Fourth, he would throw over his
political career entirely and return
to industry. Romney reportedly
sees a serious possibility of this
course, but many of his close asso-
ciates discount it, saying he would
not actually do so when put to the
decision. Whether he would return
to his old spot as president of
American Motors Corp. Is also un-
Fifth, he would seek re-election
as Michigan's governor on the
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Thayer To Fight Meader
For House Nomination.: ..
RTo UN Council
NEW YORK oP) - Secretary-
General U Thant admitted failure
yesterday in his efforts to resolve
the Cyprus crisis. He tossed the
issue back into the laps of the
United Nations Security Council.
After almost four hours of de-
bate-marked by one demonstra-
tion in the public gallery-the
council decided to postpone fur-
ther consideration until Thursday.
This was done obviously to per-
mit tempers to cool and let pri-
vate negotiations take over once
more-this time with the six non-
permanent members of the coun-
cil assuming a chief role.
On Cyprus, President Arch-
bishop Makarios of Cyprus an-
nounced he would increase his
security forces to nearly four
times present strength by creating
a 5000-man police force. He said
all Cypriots bearing arms ille-
gally would be deprived of them.
Taking this to mean an exclu-
president for research, is sched-
uled to retire July 1.
Spurr explained that the com-
mittee's deliberations are now in
the "extremely confidential stage"
of dealing with specific nominees
suggested by the faculty for the
"The committee is looking for
the most outstanding man we can
get. The committee has no precon-
ceptionsbabout who or what he
The committee is considering a
large list of nominees represent-
ing every academic field in the
"Next year's dean could come
from any discipline," Spurr com-
Spurr assists Vice-President for
Academic Affairs Roger W. Heyns.
SGC To Meet
In South Quad
Student Government Council
will hold its meeting tonight in the
East Main Lounge of South Quad-
rangle, in compliance with a mo-
tion, passed last fall, that at least
one meeting a semester be held
Israel Reacts to Ara
By BRIAN BEACH
The recent establishment of a
unified Arab military command
will mean that the Middle East
will divert its resources to unpro-
ductive roles, Yehezkel Barnea,
consul for press and international
services of the Israeli Consulate
for the Midwestern area said last
Speaking in the "International
Images" series, jointly sponsored
by the International Students As-
sociation and the Michigan Un-
ion International Affairs Commit-
tee, Barnea observed that Israel
will have to defend itself in re-
sponse to this development.
"Thirteen differing members of
the Arab league met in Cairo and
cause they didn't want to recog-
Barnea indicated that it is not
fruitful to discuss this dispute on
a purely economic basis when
there- are such great political over-
Commenting on the circum-
LANSING -P)-Sen. Stanley Thayer, 40-year-old leader of the
Senate Republican "moderates" and chief legislative spokesman for
the Romney administration, yesterday announced his candidacy for
Thayer said he willenter the Aug. 4 primary against incumbent
United States Rep. George Meader (R-Ann Arbor) in the new 2nd
aDistrict. Telling a press conference
he believes Meader's record in
Congress is one of "intellectual
negativism," the Senate GOP cau-
cus chairman said:
G ro u p"I believe I have no other choice
b G ro u pthan to offer the citizens of this
district an alternative to their
stances which allowed a Jewish Thayer, an attorney, said he
nation to be established in this considers himself a member of a
century, he noted that the first "new and dynamic group of Re-
step in its establishment was the publicans" who are dedicated to
fall of the Ottoman Empire. "leading the people of this coun-
"The spread in an acceptance of try into an enlightened era of
nationalism by the world was nec- world peace and individual ad-
essary before the Jewish state vancement."
could be established," he added. In addition, Thayer claimed
Another factor aiding the estab- that he had "devoted special ef-
lishment of Israel was the recog- forts in the Senate to matters
nition that British rule in Israel which affect persons on both the.
was based on the idea they would state and national level-the need
establish a Jewish state, he said. for fiscal stabiilty, the concern
Nationalism for growing problems of higher
Barnea emphasized that the re- education in an expanding popu-
Bnrnea eiphaiondtashm-was lation, the assurance of equality
sulting Israeli nationalism sto all citizens, and proper support'
an inner-directed nationalism. It for mental health programs and
was applied to help ourselves, not facilities."
The University is planning a
number of programs in March and
April to commemorate William
Shakespeare's 400th anniversary.
B. Iden Payne, Shakespearian
director, actor and teacher, will
discuss "Shakespeare as Stage Di-
rector" March 18 in Rackham Aud.
University harpsichordist Mari-
lyn M. Brown, assisted by speech
and music students, will present
a program of Elizabethan music
and Shakespearean sonnets and
songs in Trueblood Aud., April 7.
A concert of English and Italian
Renaissance music will be offered
by the Michigan Consort in Rack-
ham Lecture Hall April 10.
Republican .ticket. Aides claim he
would actually do this before go-
ing back to private life, but Rom-
ney apparently is not spoiling for
another losing bout with the Legis-
lature, and he would consider the
success of his current legislative
program before deciding on run-
And that road may not be
smooth. According to the new con-