Sventy-Tird Year EDrrED AND MANAGED BY STUDENTS OF THE UNIERsTY OF MICHIGAN UNDER AUTHOtrF OF BOARD rN CONTROL OF STUDENT PULICATIONS Where Op A STUDENT PUxLICATIONS BLDG., ANN ABoR, MiCH., PHONE o 2-3241 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- finnc f '",.hVI ,'cm'f,.iwr, a r n acne: tentingfrn Mi imia'., hnr