suNDAY MArxn 1 1964
THE MICHIGAN DAILY
SUNDAY, MARCH 1, 1964 TUE MICHIGAN DAILY
P re
Kelley Asks Denial
Of Districting Action
Fears 'Chaos' if Injunction Forces
At-Large Elections of Congressmen
DETROIT (IP-Atty. Gen. Frank J. Kelley asked a three-judge
federal panel yesterday to deny an injunction against electing Mich-
igan congressmen from the state's new 19 districts this year. He said
it would be "an invitation to chaos."
Kelley also asked the jurists to reject a request that they declare
the new districting unconstitutional. If the federal judges ruled
against him, all 19 congressmen
-I 0I would be elected this year on a
Soviet Jews
Defend Trial
MOSCOW (P) - In defense of
death sentences given Soviet Jews
for an economic crime, the Soviet
news agency Novosti distributed
yesterday statements from per-
sons it identified as other Soviet
Jews branding the condemned
m en "riffraff and scum."
In a release prepared especially
for foreign newsmen in Moscow,
the agency said Jews from various
places in the Soviet Union had
written in to say the men got
what they deserved.
The death sentences were hand-
ed down several days ago by a
Moscow court in a case involving
about two dozen defendants. Not
all of them were sentenced to die.
Novosti said, five persons, in-
cluding two police officers, were
condemned while the others re-
ceived stiff punishment. Inform-
ants said previously 10 men were
sentenced to die.
The defendants were accused of
making illegal profits in a black
market ring dealing in knitwear
made in a government mental in-
stitution.
The agency said the group
pocketed 2.5 million rubles in
illegal profits. At the official ex-
change rate, this amounts to $2.8
million.
state-at-large basis.
Donald A. Calkins and Karl
Jacobs, instructors at Henry Ford
Community College in Dearborn,
filed for an injunction a week ago
and at the same time sought to
amend a 1962 suit challenging
constitutionality of the then
existing congressional districts.
Elected at-Large
The Legislature redistricted the
state last year. In 1962 the 19th
congressman, Neil Staebler, was
elected at-large.
The request for an injunction
and the new challenge of con-
stitutionality are scheduled to be
argued here Monday before United
:States Circuit Judge Clifford
O'Sullivan and District Judges
Stephen Roth and Talbot Smith.
Challenges Legality
While supporting congressional
redistricting, Kelley challenged
anew the " legality of legislative
apportionment under the state's
new constitution, and asserted:
"I want to take this opportunity
to make it clear that I will move
to strike down any attempt to
freeze the state senatorial districts
in their present form.".
There has been talk in the
Legislature of re-establishing for
1964 elections former senatorial
districts. A four-member by-par-
tisan commission was unable to
agree under a formula giving 80
per cent weight to population and
20 per cent weight to area. The
job then was handed the State
Supreme Court, which has not yet
acted.
President's
Assistants
To Remain
By JOHN WEILER
Andrew Hatcher, assistant press
secretary to President Lyndon B.
Johnson, said yesterday that he
expects the entire White House
staff to stay intact.
Hatcher, in Ann Arbor for a
speaking engagement, said that
the staff feels an obligation and
that he expects them to help
Johnson as long as their services
are needed.
He characterized Johnson's first
100 days as President as a "tre-
mendous effort" and noted ,that
although certain adjustments have
been made under the new admin-
istration, there is "very little dif-
ference" between Johnson's and
the late President John F. Ken-
nedy's administrations.
Two Progressive Presidents
Hatcher commented that John-
son's policies on the average, over
the next nine months will be about
the same as Kennedy's "progres-
sive" policies.,,
Hatcher commented that the
only time neither he nor Press
Secretary Pierre Salinger were not
with Kennedy was in Dallas. "It
was assumed to be a normal trip,"
Hatcher said. Salinger was in Ja-
pan; Hatcher was in Washington
with Lord Home.
Work Despite Loss
He said that "despite the great
personal loss of Kennedy we had
to work on guts and get the work
out anyway."
Hatcher characterized his own
job as one of helping to formulate
press policy, helping prepare press
releases and working in adminis-
tration of the press office at the
White House.
Demonstrators
A wait Decisions
Of Legislators
PRINCESS ANNE, Md. (P) -
Further s t r e e t demonstrations
here, a student leader said yester-
day, depend on the county's legis-
lative delegation.
A meeting between students and
Somerset County lawmakers was
being planned for today.
At issue is whether the three
delegates and one state senator
will support inclusion of Somer-
set County in the state's equal ac-
commodations law.
John Wilson, one of the leaders
in the student - based protest
against segregated eating places in
Princess Anne, said if the legisla-
tors don't promise to support ex-
pansion of the state law, then
two holdout restaurants haeve until
Tuesday to drop the color bar.
By RICHARD PYLE
Associated Press Staff Writer
LANSING-The stage is set for
oral arguments to be presented to-
morrow by the opposing political
factions in Michigan's Legislature
apportionment dispute.
Against a backdrop of uncer-
tainty and with all other business
pushed aside, the State Supreme
Court convenes for two days of
verbal presentations by Republi-
can and Democratic members of
t h e Legislative Apportionment
Commission.
The eight-member court is be-
ing asked to select, from among
four submitted, one plan for Sen-
ate and House districts which
"most accurately complies" with
provisions of the new constitution.
80-20 Formula
The document calls for 110
House districts based on popula-
tion and 38 Senate districts based
on 80 per cent population and 20
per cent on area.
Beyond the basic issue, however,
is the question of whether both
houses should have districts based
strictly on population - the so-
called "one man, one vote" prin-
ciple.
The court favored the "one man,
New GOP Districting Plan
Awaits High Court's Verdict
STATE APPORTIONMENT:
Arguments Begin Tomorrow
8 4,
one vote" principle in a 1962 de-
cision which found Senate dis-
tricts under the old constitution
to be in violation of the United
States Constitution's 'fequal pro-
tection" clause.
It is expected to weigh it again
this time. But even if it does the
makeup of the Legislature, and
the course of Michigan politics
and government for years to come
will be affected.
Legislators and other state of-
ficials fear that unless a plan is
picked and escapes challenge in
court, Michigan could be faced
with "election chaos" later this
year.
Mid-March Ruling
Indications are that the court
will rule about mid-March.
In preparing for Monday's oral
arguments, the court asked both
sides to be ready to discuss three
questions,.one of which is whether
the United States Constitution
should be brought again into the
deliberations.
The justices termed "possibly
pivotal" the matter of whether the
federal document's "equal protec-
tion" provisions are at issue in
state 'apportionment.
Before Federal Suits?
The court also asked for argu-
ments on whether it can act "with
propriety" on legislative appor-
tionment before two lawsuits are
decided in federal courts.
One is a United States Supreme
Court appeal of the 1962 decision
on Senate districts. The other, a
suit challenging the 80-20 formula
of the new constitution on the
same grounds of unconstitution-
ality, is pending a decision by a
three-judge federal panel in Port
Huron.
LANSING - State Republicans
may take the apportionment ques.'
tion to the,. voters if the State
Supreme Court hands down what
they cdnsider an unfavorable de-
cision.
Capitol sources say the GOP
would s e e k a constitutional
amendment which would retain
the 80-20 formula for dividing up
Senate seats, but preserve present
House districts.
To get the two-thirds legislative
vote needed to put the matter on
a special ballot by April or May,
Republican planners hope to lure
Democratic votes with their plan
to freeze House seats. Any of the
four redistricting plans from
which the court may choose would
change the districts of numerous
Detroit Democrats.
Timetable
If they decide to move, the Re-
publican leaders will:
-Introduce t h e amendmentj
resolution in the House. There the
GOP will have to wrest 16 Demo-
crats from their party leaders to
get the necessary two-thirds. This
resolution would have to be intro-
duced before the court's decision,
possibly next week.
-If the court rejected the "one
man-one vote" plans submitted
by Democrats, the resolution would
then be killed.
-If not, Republican leaders feel
they could easily and quickly get
Program includes:
VP9 j43S
the 23 Senate votes needed from
their two-thirds majority in the
upper house.
Thus party legal experts have
abandoned their previous plan to
freeze current districts by con-
stitutional amendment. Thercourt,
in Scholle vs Hare, has, already
declared them illegal under the
United States Constitution. So
GOP leaders feel reintroducing an
amendment to retain present dis-
tricts would bring legal chaos.
GOP precautions are being tak-
en for two reasons: Democrats
hold a 5-3 advantage on the state
bench, and Chief Justice Thomas
M. Kavanagh has commented that
the recent United States Supreme
Court decision backing the "one
man-one vote" plan would "have
an impact" in Michigan.
I, I,
ONCE,
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8:30 BOB JAMES, ERIC DOLPHY
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world News ,Roundupy
1
By The Associated Press!
KUALA LUMPUR, Malaysia -
Indonesian guerrillas are again
slipping into Malaysian Borneo, a
government spokesman said yes-
terday. He charged President Su-
karno's regime has made a mock-
ery 'of the cease-fire arranged by
United States Atty. Gen. Robert
F. Kennedy.
The accusation came '72 hours in
advance of the scheduled opening
at Bangkok, Thailand, of a second
ministerial conference intended to
establish a basis for peace in the
Malaysian crisis.
WASHINGTON - President
Lyndon B. Johnson yesterday
picked Mrs. Frankie Freeman,
Negro lawyer from St. Louis, as
a member of the Civil Rights
Commission.
COLOMBO, Ceylon-The gov-
ernment of tiny Ceylonhendorsed
some of Communist China's pet
foreign policy aims yesterday but
turned thumbs down on the anti-
American line Peking is pushing
in Asia.
Ceylon's stand was made after
four days of talks by Communist
China's visiting Premier Chou En-
lai and Mrs. Sirima Bandaran-
aike, Ceylon's prime minister.
SAN MATEO, Calif.-Harold E.
Stassen' onetime governer of Min-
nesota, said yesterday he would
enter the California primary as a
candidate for the Republican nom-
ination for President.
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