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Truth winl Prevaiu-
Editorials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in a reprints.
FRIDAY, FEBRUARY 28, 1964 NIGHT EDITOR: LOUIS LIND
Goldberg's Proposal Offers
Justice to the Poor
SUPREME COURT Justice Arthur Gold- tors, police chiefs and small-time judges
berg has suggested that perhaps jus- are going to cry that such a requirement
tice is getting to be quite a luxury these would hamstring the cause of justice.
days, and his suggestion would seem to What other reaction can be expected from
have merit. He claims that lawyers ask them? And one must allow that, if carried
outrageous fees to conduct a decent de- too far, or feared too greatly, perhaps
fense, that bail is set at outlandish figures justice would becurtailed in some cases.
and that court costs are exorbitant. That
said, one can only imagine what other ex- BUT THINK of the many more cases
pensive practices the justice didn't men- where the defendant will get a break
tion. for a change: The poor boy picked up for
But what is most encouraging about loitering, who cannot afford a proper de-
Goldberg's concern is that he seeks a fense and gets a jail sentence; the poor
remedy. One suggestion: That the au- mother accused by pious welfare officials
thorities be required to reimburse a de- of child abandonment when in fact she
fendant acquitted of a crime for the cost was simply out searching for food. One
of his defense, could go on and on; the cases come up
every day. If the defendant has money
THIS WOULD BE a good plan, for it will enough to come to trial, quite often he
hold down lust of the arrest-happy can get an acquittal. But too many inno-
law enforcement agencies to rush out and cents have neither the money nor cour-
charge someone with a crime, and it would age. Justice is too expensive for them.
bring heavy pressure to bear on lawyers Moreover, to be charged with a crime,
to keep their fees reasonable and judges from exceeding the speed limit-a mis-
to keep their court costs sane. After all, demeanor-to committing murder-a fel-
if the authorities had to pay, they would ony-is a permanent blot on a man's ex-
be quite anxious to pay as little as pos- istence, regardless of whether he is con-
sible. victed or acquitted. Even if he goes free,
Now quite obviously, lawyers, prosecu- he bears the mark the rest of his life of a
man who stood trial, and in this nation,
Fre domwe have come to look upon a defendant,
Freedom guilty or not, as something of an outcast.
From that point on, his life can never
A FEDERAL COURT ruled last Friday be the same. He has lost a bit of honor.
that a recent State Department ban So if he was unjustly arrested, accused
on travel to Cuba was constitutional. and tried, if in fact he was innocent, he
The majority opinion of the three judge deserves more in return than to be al-
court said that such a ban is not unlaw- lowed to go free. Goldberg's suggestion
ful since Congress has extended powers to that the cost of his defense be assumed
the administration over such matters. by his accusers is a step in the right di-
However, the majority decision also stat- rection.
ed that the freedom to travel is "part of
the 'liberty' that cannot be denied." Some- HOPEFULLY this and more can be im-
where there is a contradiction. plemented. True, prosecutors and po-
lice and judges and lawyers are an essen-
THE ONE JUDGE who did dissent said tial part of our nation's judiciary. The
that Congress should be the only body theory which created their existence is
responsible for travel bans. He may have vital to us. But when this group takes the
been right, attitude that they have become an end
Whether or not such a ban was in the unto themselves, and that justice culd
best interest of the nation, this ruling not exist without them, the time has come
may very well be a precedent for other to slap them down.
rulings that may not be as valid. Justice is the tool every citizen of this
The majority decision said that the nation. And it should not be denied to
President of the United States or any any man because it is too costly, or be-
member of his administration can lawfully cause the lawyers think they have a
tell any American where he can go and monopoly on it, or because the police feel
where he cannot, without giving either their authority entitles them to accuse
adequate reason or any reason. men capriciously.
Perhaps this description of jurists hits
IF IRRESPONSIBLE RULINGS such as only a few in our midst; yet even if it only
this one continue there will be many described one, that is one offender too
more restrictions on the freedoms that many.
Americans now enjoy and exercise.
Freedom is not a thing that can be lim- LET US RETURN justice to the people,
ited at the will of a capucious executive. at a price they can afford to pay.
-JOHN WEILER -MICHAEL HARRAH
LETTERS TO THE EDITOR:
Readers Discuss Arab-Israeli Dispute
To the Editor:
I WISH to correct Mr. Y. Barnea
of the Israeli Consulate on two
points that he mentioned in his
talk.
First, Britain's policy and its
vagueness did not make it clear
as to what it meant by a Jewish
National Home. It had not been
called a National State in the Bal-
four Declaration. On the other
hand, Britain was the mandatory
power in Palestine, and did not
own it in order that she mght
dispense with it as she pleased.
Moreover, Zionism was not an heir
to take over Palestine after the
Ottoman had collapsed. The Pales-
tinian Arabs, who are mostly refu-
gees today, have always been and
still are the rightful owners of oc-
cupied Palestine.
Second, Arab plans to utilize
their water resources are not un-
productive. The Arabs in a spirit
of conciliation, have carefully con-
sidered many regional plans to de-
velop the Jordan River. (The Mac-
Donald Project, the Burger Plan,
the Baker Harza Plan, the Jhon-
ston Plan, etc.) These plans have
taiten into account water needs in
Israeli controlled territory.
This is in contrast to Israel's ac-
tions of ignoring Arab rights and
depriving them of their vital and
essential needs. Present Arab proj-
ects are aimed to utilize waters
of rivers that flow in Arab terri-
tories without affecting waters
under Israeli control.
* *' *
ISRAEL is under two limitations
limitations which make it insuffi-
cient in law to submit any counter
complaint against the Arabs for
carrying out their small local proj-
ects.
First, to constitute a valid case
for diversion, the effect must be a
substantial diversion of waters
with resulting substantial injury
to other riparians. The second and
most important is the fact that
Israel canont maintain any legal
action to a court of international
law unless and until it can prove
legal title to territories under its
actual control.
Since Israel's title in its terri-
tories is based on the now defunct
right of conquest, and is derived
from the debatable competence
and endorsement of the General
Assembly of the United Nations to
partition a state contrary to the
will of its population, an Interna-.
tidnal tribunal would of necessity
reject any Israeli judicial com-
plaint, which must prove legal
title.
* * *
IT IS unequivocal, therefore,
that the development of Jordan
waters is as important as any oth-
er aspect of the Palestine question.
For this reason it will be a serious
error to attempt to ignore such a
fact having deep-rooted complica-
tions. The Palestine question and
the disputes that arose from it are
one unit and cannot be separated.
It cannot be solved piecemeal, but
only by squarely facing the entire
matter objectively, and bearing in
mind always the principles of law
and justice.
-Salah El Dareer
Medical School
Corrections,. .
To the Editor:
LAST WEEK I came across your
a r t icle reporting on Mr.
Thashim Bashir's talk on Israeli-
Arab relations. I would like to
make a few remarks on this for
the sake of truth and correctness.
Mr. Bashir, is quoted as saying
that the Arabs in Israel have
"lost" part of their land. No Israeli
citizen, Arab, Jew or other, "loses"
his land. Land just isn't robbed,
confiscated or "nationalized" in
Israel. If any person in Israel no
longer owns land he once owned,
it is because he sold it, of his free
will, for the price he chose.
The only case of citizens (Jews
as well as Arabs) being compelled
to sell their land to the govern-
ment was for the Jordan-Negev
water project. This is to the bene-
fit of the country as a whole.
AS FOR the point of the per
capita income of the Arabs in Is-
rael being half of what it was dur-
ing the British Mandate, this is
simply not true. Arab workers in
the industry have the same wages
as their Jewish fellows; these are
considered high by any Western
standards and certainly so, many
times over, if compared to any
Arab country.
Those who are in agriculture
have obtained extensive govern-
ment assistance in funds, educa-
tion, mechanization, fertilization,
irrigation, etc., and they now pro-
duce six times as much per unit
area as they did 15 years ago.
Both industry and agriculture
workers, as all workers in Israel,
belong to the General Federation
of Labor (Histadrut). It provides
training and defends, equally for
all workers, their social and pro-
fessional rights through work-
hours, wages, strike rights, medi-
cal services, etc.
Mr. Bashir questioned Israeli
rights to the Jordan River's water
on the grounds that 7 per cent of
it comes from Arab sources. What
right has Egypt, then, to therNile's
water which comes 100 per cent
from non-Arab sources?
moreover, it is disturbing the con-
science of the civilized world.
Mr. Basheer in his documentary
presentation of Zionism as a po-
litical movement that has shaken
the foundations of human rela-
tions, spoken of historical facts as
they are, witnessed and recorded
by United Nations historians, and
the United States own investiga-
tions.
IN HIS so-called detailed rebut-
tal, Mr. Eigner seems to insult
the intelligence of the University
community by distorting the facts
of history, which all point to Is-
rael's denial of human rights of
some 170,000 Arabs who remained
in their homes and fell under Is-
raeli rule.
The great majority of the Arab
population of the parts of Pales-
tine that were successfully occu-
pied by the Israeli underground
forces - which later formed the
Israeli army-wereractually ex-
pelled by the Israelis. Zionist mil-
itary bands intensified their at-
tacks against Arab towns and vil-
lages and on April 9, 1948, they
attacked Deir Yasin and massa-
cred its population including wo-
men and children. This had the
effect of creating panic among the
Arab inhabitants who began to
flee with no fixed destination in
view. They found refuge on the
Arab side of the military front.
Repeatedly, the UN and travel-
ers coming from Israel told the
whole world of the shameful in-
justices rendered by Israeli citi-
zens and authorities upon their
fellow humans, the Arabs, Jews,
Christians and Moslems alike.
Arabs in Israel, like Jews in Nazi
Germany, are officially class-B
citizens. The guarded enclosures
where the Arabs are concentrated,
as in Jaffa, are true Ghettos in
1964. Only these areas are under
military rule, and the banishment
of legal residents and the confisca-
tion of their property is common
practice. There are two price levels
in Israel, one for the Arabs and
another for the non-Arabs. The
situation in Israel is a sordid
mockery of human relations.
* * *
TODAY, 16 years since their ex-
pulsion, over one million Arabs
are still refugees in the Gaza
Strip-in Jordan, Lebanon and in
Syria. Their land, houses and
movable property are today held
by the Israelis and the Israelis do
not allow them to cross the Ar-
mistice line to the Israeli side. So
for the past 16 years, the Arab
refugees from the territory now
occupied by Israel have been de-
prived of the use of their property
and are being supported by funds,
raised and administered by the
UN.
The United Nations has not
ceased to remind Israel of her ob-
ligations under United Nations
resolutions, and Israel has just as
consistently refused to comply.
The Israeli Government has re-
peatedly declared that not one
inch of territory occupied beyond
the area assigned to the "Jewish
State" under the Partition Resolu-
tior, would be surrendered; not one
single refugee will be allowed to
return; and Jerusalem shall re-
main for all times the capital of
Israel.
The Arabs of Palestine, on the
other hand, maintain that their
right to Palestine is indisputable
and rests on three distinct foun-
dations; the first is the natural
right of a people to remain in pos-
session of the land of its birth-
right; the second is that the Pal-
estine Arabs have been in unin-
terrupted occupation for over 1,300
years; and the third is that the
Palestine Arabs are still the right-
ful owners of the homes and lands
in which the Israelis now live and
work.
IT IS indeed unfortunate that
Mr. Eigner believes that hatred
for Israel motivates pleas for
unity. Arabs aim to conserve some-
thing of their common past, and
they mean to cultivate their soli-
darity through the establishment
of strong states which are closely
interwoven into one nation. The
Arab States are in the process of
closing ranks to achieve their un-
disputed goals of raising the
standard of living. Since occupied
Palestine is part of the Arab land,
it is misleading to assume that
Arabs will pursue a plan for unity
that does not include Palestine.
The unilateral diversion of the
Jordan River by Israel for its own
benefit, without the consent of the
Arab riparian states and without
consideration of Arab economic
interests or prior vested rights in
water appropriation, is an act con-
trary to international law, a seri-
ous infringement upon Arab legal
rights, and constitutes a threat to
peace and security of the Middle
East.
. * *
IT IS UNLIKELY that civilized
nations will permit the Zionists,
who are irillegal possession of the
territory of another nation, to pro-
ceed by illegal means to seize Arab
waters through the diversion of
an international river in territories
under its de facto control. Water
is a source on which depends the
survival of most Arab countries,
and any Israeli plan infringing
upon these rights will entitle the
Arabs to exercise their rights of
their dollar's worth in inflicting
misery upon their fellow humans,
the Arabs.
-Ibrahim Kamel, Grad.
Athletics,.
To the Editor:
IN A RECENT editorial, one of
my opponents for the junior po-
sition on the Board in Control of
Intercollegiate Athletics stated
that an athlete does not belong on
this council. He has also attributed
apathy and selfish motivation to
those athletes who have been on
the Board in the past.
The problems and policies dis-
cussed and in turn initiated by
this Board concern areas such as
recruiting, scholarships, plant fa-
cilities and other topics which di-
rectly affect athletes. Only an in-
terested and alert athlete or stu-
dent manager can become intern-
ally familiar enough with these
problems to engage in cognizant
and perceptive conversation as a
student representative on the
board.
For example, just last week, the
baseball team, of which I am a
member, discussed the problems
that the proposed trimester calen-
dar will create concerning sched-
uling of all spring sports. Almost
all of the issues brought before the
board are similar to this one: they
directly concern and can be ob-
jectively discussed only by athletes
(or managers) with their active
knowledge and introspective views
of the problems at hand.
4** *
MY opponent has also charged
that the ,board, with its athlete
representation does not concern
itself with the interests of the stu-
dent population.
The University, like most large
schools, has a self-sufficient ath-
letic department. That is, it relies
on a circular flow of income to fi-
nance salaries, plant expansion
and other expenses; naturally, the
most important part of this cycle
is the revenue taken in from spec-
tators, most of whom are the stu-
dents. The board would be foolish
to act without first considering the
interests of its student spectators.
W . 4
IN ADDITION, my opponent
stated that an athlete can gain
nomination to the board through
the Managers' Council "without
his ever expressing any interest in
the board or the election." This is
very true, but he failed to mention
that there was a third athlete, in
addition to the two nominatedby
the managers, who achieved his
candidacy according to the SGC
petitioning process, as did this
opponent.
I am the first athlete who has
petitioned for this position. This
factor I deem to be the big-differ-.
ence separating those athletes
nominated by the Managers'
Council and myself-that I have
been aware of the board and its
policies for two years and am ac-
tively seeking office. I am not an
"uninterested athlete."
-Charles Pascal, '66
It is wrong to assume that just
because someone is not an athlete,
he can't become thoroughly informed
on the problems and issues that con-
front the board. By working for The
Daily, I have come in "internal" con-
tact in these matters, in the same
way that an athlete has.
The fact that the board is self-
supporting and derives the majority
of its revenues from the spectators
does not preclude the fact that the
board has not had a goodrepresenta-
tive opinion of the students.
It is most commendable that one
athlete has shown enough interest to
petition through the regular chan-
nels. It should be noted that only
two candidates aretraditionally nom-
inated by the Managers' Council.
-T. W.
Trial ...
To the Editor:
STUDENTS in the United States
are presently faced with one of
the gravest threats to their civil
liberties in the history of this
country. Three students at Indiana
University are threatened with
prison terms of two to six years
if they are. convicted of a crime
which amounts to nothing more
than membership in the Young
Socialist Alliance.
These students, officers of the
YCA, are charged with violating
the Indiana Communism Act of
1951, whose stated purpose is "to
exterminate Communism, Com-
munists, and any or all teachings
of the same." One of the provi-
sions of this law says that it shall
be illegal to assemble to advocate
the violent overthrow of the gov-
ernment of the state of Indiana
or of the United States and that
all present at such an assembly
are to be held accountable.
This law is unconstitutional ac-
cording to two recent Supreme
Court decisions. In 1956, the Court
held in the case of Pennsylvania
vs. Nelson that only the federal
government has the power to
prosecute subversion. In 1957, in
Yates vs. United States,j it held
that only advocacy of the violent
overthrow of the government as
an immediate incitement to action
may be prohibited but not advo-
cacy as an abstract doctrine.
The man responsible for the
Indiana case, Monroe County
Prosecutor Thomas R. Hoadley,
having attended the meeting. On
May 2, the defendants and a group
of friends met at a private home
to plan their defense. Recording
equipment had been planted how-
ever, and on July 18, Hoadley se-
cured a new indictment which in-
cludes this private meeting as a
second act of assembling to advo-
cate the violent overthrow of the
government.
We can see even more clearly
what the real nature of this case
is if we look at other events rele-
vant to it. From the time he took
office, in January 1963, Hoadley
has made his interest in suppress-
ing the YSA very clear. Over a
month before the first meeting for
which they were indicted, Hoadley
made several statements to the-
press to the effect that the Uni-
versity was acting contrary to the
Communism Act by recognizing
"an admittedly communistic
movement" such as the YSA, and
threatened a Grand Jury investi-
gation of the YSA.
* * *
AFTER Hoadley had spent two
months making statements about
the YSA to the press and after the
University haddecided that since
the YSA is not on the Attorney-
General's list of "Subversive or-
ganizations", recognition would
not be withdrawn from it, McRae
came to speak. In his speech, he
explicitly condemned the use of
violence and bloodshed as a means
of change.
But because he said that passive
resistance was not always applic-
able in the struggle for civil rights
and that Negroes should at times
fight back when attacked, Hoadley
decided that he had advocated the
violent overthrow of the govern-
ment. Therefore the defendants,
who had been sitting in an audi-
ence of 125 people, were of course
violating the Communism Act, al-
though for some strange reason,
no one else who attended the
meeting violated the law.
IF, IN THE light of the already
transparent case against the de-
fendants, we consider Hoadley's
statement, "My basic interest is
not particularly to put these stu-
dents in jail but to remove it (the
YSA) from the campus facilities,"
it seems clear that the whole sedi-
tion case is merely a cover-up for
an attempt to curtail academic
freedom. After a long period of
silence,, the faculty at Indiana has
begun to speak out against Hoad-
ley and a rapidly increasing num-
ber of student and faculty groups
across the nation are doing like-
wise. The American Civil Liberties
Union and other civil liberties
groups are also lining themselves
up behind the defense.
We of Voice Political Party are
convinced that if the defendants
are convicted, not only will they
personally suffer a great injustice,
but a dangerous precedent will be
established which will encourage
the ioadley's in other communi-
ties to attempt their own purges
of "subversive" ideas.
Thus we are urging the students
and faculty at this University to
speak out against this reckless at-
tack on civil liberties.' Since the
defendants, who will be tried in
less than three months, are des-
perately in need of money to pay
the enormous sum which the case
will cost them, we are also urging
the University community to con-
tribute to the Committee to De-
fend Academic Freedom which is
the University group which is rais-
ing money for the defense.
-mCarol McEldowney, '64
Chairman of Voice
Political Party
-Dick Magidoff, Grad,
-Stan Kaplowitz, '66
-Barry Bluestone,1'6
-Dick Shortt, '66
-Anita Brothman, '66
-Rick Horwitz, '66
-Catherine Lilly, '66
-David Strauss,'64
-Barbara Steinberg, '65
ONCE FESTIVAL:
Na
Concert Negates
Dance Form
THE JUDSON DANCE Theater gave an indication of a philosophy in
dance comparable to the current pop art, and electronic music in
the first of two concerts. The group attempts to negate the conven-
tions of dance and in this idiom the problem immediately becomes one
of semantics. While there were several noteworthy contributions by
the members of the company, about 90 per cent of the concert left the
audience bewildered.
Those numbers of note included "Cancellation Sample" choreo-
graphed'by Lucinda Childs and danced by Miss Childs and Anthony
Holder. The number assumed a rondo form and was executed with
conciseness and clarity. While Alex Hay's work "Prairie" was not
"dance" as we think of it, it showed a fine sense of humor as he crept
across the upper pipe of a sunny frame in an empty playground set
while struggling with three pillows suspended by different lengths of
cord, and being queried by a tape recorder as to his state of comfort.
THE MOST outstanding work was an "old" number in the group's
repertory (1959) entitled "Doubles for 4" choreographed by Robert
Dunn. This number was an early attempt in the direction of negation.
Performed to an accompaniment of clapped rhythm, the number is a
study in slow motion which indicates an excruciating power of con-
centration on the part of Deborah Hay, and who performed with con-
trol. It ends on an exceptional moment of beauty in the performance
of Miss Childs. In general, all of the works by this group sustain a
feeling of discomfort, a type of tense agony that never finds voice..
The program is inconsistent both from a production standpoint
and with the philosophy of the group. Since they began with the nega-
tion of conventions, to be true to this belief they needed to maintain
this throughout the concert. The fairer approach perhaps would have
been to begin with more conventional works and ease a relatively
unprepared audience into the negated form.
IT IS UNFORTUNATE to subject any audience, prepared or un-
prepared to an angry young man in dark glasses marching around the
room and staring (we think, though we can't tell because of the glasses)
at us, to the point of extreme discomfort and then fluctuation be-
tween this mood and "dance" for another two hours. Freedom of ex-
pression is granted to all, but this group seems confused as to what
they are trying to express and why.
-Janet E. O'Brien
Nothing Happens
T HE ONCE troupe of Neo-Dadaist musicians is back again for its
annual festival of platitudinous anti-musical sound production.
Keeping its pledge to offer the audience anything but cohesive pat-
terns of organized musical gestures, the group presented a program of
"New Music for Pianos" performed by Once virtuosi Robert Ashley
and Gordon Mumma.
Two things are outstanding in my mind after having sat through
the Wednesday night Once program. One is the amazingly professional
bearing, integrity and zeal with which Mumma and Ashley tackle their
pieces. The other is that the music is neither new nor eventful enough
to hold the listener's attention for any length of time.
Though it is true that several of the compositions on the program
were enjoying their premiere performances, it was obvious that most
of the works were like Udo Kasemets' "Fifth Root of Five" which
has been composed at least five to the fifth power times before by
different composers. I need not point out that even the title reminds
us of those used by a hundred other composers. One can only conclude
that the Once composers, while trying so hard to be different, wind
up sounding alike.
THE LIAISON:
Missing the Boat
Gail Evans, Associate City Editor
IT'S THE STUDENTS' FAULT that the ommend
University Committee on Standards and looks lik
Conduct has been hanging fire since last nominees
summer. given pet
The delay in staffing this new final If the
appeal board in the judicial structure is nothing 1
explainable but unexcusable. committe
The explanation is that practically no students,
one took out petitions for the two student students
seats. At the end of last semester, one But, this
student had completed a petition; pres- mittee on
ently, three students have filed. a big stic
THE STUDENT interviewing committee, THE MA
faced with the problem of proposing a tee ar
slate of nominees for University President 1) To se
Harlan Hatcher's consideration, has been all penal
trying to drum up enough interest in the sion;
conduct committee so that it could rec- 2) To a
a slate of five students. Now it
e it will have to settle for three
s, and that's assuming that the
itioners are qualified.
conduct committee were a do-
body or if the powers which the
ee has were inconsequential to
then it would be obvious why
weren't interested in the group.
isn't true. The University Com-
n Standards and Conduct wields
k in student affairs.
IN FUNCTIONS of the commit-
,e:
erve as the final appeal board for
ties, including academic suspen-
ct as a board-in-control over all
iciaries, and
dvise the vice-president for stu-
irs on changes in student rules
ations.
ear student leaders fought vig-
vith the "powers that be" to ob-
ent seats on this significant body.
ore in the history of campus ju-
have students had voting powers
nal disciplinary appeal organ.
that the objective has been
there are practically no stu-
erested in filling the clots
Editorial Staff
RONALD WILTON, Editor
DAVID MARCUS GERALD STORCH
Editorial Director City Editor
BARBARA LAZARUS............,Personnel Director
PHILIP SUTIN ............National Concerns Editor
GAIL EVANS.................. Associate City Editor
MARJORIE BRAHMS .... Associate Editorial Director
CLRIA BOWLES................. Magazine Editor
MALINDA BERRY .............Contributing Editor
DAVE GOOD ......................Sports Editor
JIM BERGER ................. Associate Sports Editor
lower jud
3) To a
dent affa
and regul
Last ye
orously w
tain stude
Never bef
diciaries]
on the fi
And now
achieved,
dents inte
1
* * * *
I
THE FIRST two pieces on the program, "To Piano Event" by
George Brecht and "Pianopieces" by Terry Jennings, were so unevent-
ful (the latter consisted of about 14 notes played over a period of
five or six minutes) that they were not boring, at least not in the
context of the program on the whole.
The listener was led to anticipate something which never happened,
and the two pieces had the effect of lulling one into a state of cata-
lepsy from which one was abruptly awakened in the Kasemets piece.
That returned us with certainty to the world of the slick trick and
the over-used jumps and jolts.
"Interbalances VI" by Barney Childs consisted of various combina-
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