IN THE NORTH
See Page 4
turning cooler tonight.
Seventy-One Years of Editorial Freedom
VOL LXXII No. 131
ANN ARBOR, MICHIGAN, SATURDAY, MARCH 31, 1962
Whittaker on Supreme
Kennedy Cites 'Intellectual Force'
Of Democrat as Reason for Choice
WASHINGTON (P)-President John F. Kennedy last night ap-
pointed Deputy Atty. Gen. Byron "Whizzer" White, 44, as an Associate
Justice of the Supreme Court.
If confirmed by the Senate, White will succeed Justice Charles
Evans Whittaker, 61, who is retiring April 1 on doctor's orders.
"I have known Mr. White for more than 20 years," Kennedy said.
"His character, experience and intellectual force qualify him superbly
State ttorneys Decision
... Supreme Court Justice
By HARRY PERLSTADT
Calling the Supreme Court ap-
pointment open to President John
F.. Kennedy "crucial,", Prof. Al-
pheus T. Mason of Princeton Uni-
versity concluded the Cook lectures
by plunging into the problem of
a non-elected non-removable
Court in a government by the
consent of the governed.
He said that in recent civil
rights cases Justices Felix Frank-
furter, John M. Harlan, Tom C.
Clark, Potter Stewart, and Charles
E. Whittaker "are inclined to pay
greater deference to presumption
of constitutionality and usually
strike the balance in any conflict
between public power and indi-
vidual rights in favor of the for-
"The minority of four, Chief
Justice Earl Warren and Justices
Hugo Black,. William 0. Douglas
and William J. Brennan, ranking
speech, press, religion and assem-
bly relatively higher among our
constitutional values, take a
broader view of the court's pro-
tective role," he said.
The Warren Court has raised
controversies that it is becoming
a super legislative body. Prof.
Mason disagreed saying that the
Court has special responsibility
toward certain rights
This requires more than a sep-
aration and balance, but a preser-
vation of tensions which prevent
a group from bidding for total
power. This can be achieved only
by an independent and courageous
judiciary, Prof. Mason declared.
The electorate can make the gov-
ernment bend to its will, but the
Constitution can set limits through
"Voting-the end result of the
political process - is, of course,
basic., When on grounds of race,
color or creed, minority groups
are kept permanently from exer-
cising the right to vote, the demo-
cratic process is obviously ob-
"But voting is only the last step
of a long development," he said.
Effective political action would be
1for service on the nation's highest
White, 44, was an All-America
football player at the University
of Colorado and later starred as a
halfback for the Detroit Lions and
Phi Beta Kappa
He was a Phi Beta Kappa and a
Rhodes Scholar, and it was while
he was abroad that Kennedy first
met him. They met again in the
Pacific when both were serving in
the .navy during World War II.
After the war, White won his
law degree at the Yale Law School,
earning his way by playing pro
football. In 1956 and 1957 he served
as a law clerk to the late Chiefj
Justice Fred M. Vinson.
White was chairman of the Na-
tional Citizens for Kennedy Or-
ganization in the 1960 Presidential
Campaign. He was then practicing
law in Denver.
After the election, the President
named him the No. 2 man in the
Justice Department under Atty.
Gen. Robert F. Kennedy, the
Reaction of Surprise
(Surprise was the most domi-
nant reaction to the appointment
from the University community.
(Prof. Alpheus T. Mason, of
Princeton, who was here this week
delivering a series of lectures on
the Supreme Court, thought that
there were pothers who were better
qualified. But, he said, it is diffi-
cult to predict what a Supreme
Court Justice will do on the bench.
(Whether he joins the Warren
bloc or the conservatives will be
crucial. Since he is part of the ad-
ministration, it is probable he will
be on the more Congressional side,
Prof. Mason said.
(Prof. Samuel Estep of the law
school thought that White would
probably hold a liberal -view, al-
though he has not been in the
public eye or written much about
the Supreme Court.
("He is a very intelligent man
and certainly a person to be reck-
oned with. He will not be a push-
over," Prof. Estep said.
(Prof. Joseph Kallenbach of the
political science department said
that White never identified him-
self with a major political issue.
He though that White would take
a pretty liberal line on civil rights,
although "there is little to go on."
RIO DE JANEIRO (RP) - Gov.
Carlos Lacerda of Guanabara
State moved, last night to take
over the Canadian-owned Brazil-
ian Telephone Co. of Rio de Jan-
eiro. The governor charged the
phone system failed to provide
proper service for the city of 3.5
SPACE MEDICINE-Mice were the animals that were used in
early flight tests to determine the conditions that man would
have to face in space travel. In one instance they were placed in
smooth walled drums and it was learned that when the kines-
thetic sense is removed, the mice tend to loose their sense of
Of Animal ,pace Flights
By MYRNA ALPERT
"The process of falling out of gravitational pull is perfectly
feasible from a medical standpoint," said Col. James P. Henry of the
National Aeronautics and Space Administration last night.
Col. Henry, who spoke on "Animal Studies in the Mercury Pro-
ject" at the annual Canfield Lecture sponsored by Phi Rho Sigma
Fraternity expounded on the various flight tests that have been run
What does the University do
with requests for testing, hardware
manufacturing or engineering de-
signing to be done by its research
They are referred to a faculty
member or outside agency.
Congressman John Lesinski (D-
Mich.) recently asked this ques-
tion in reaction to a statement by
University President Harlan Hat-
cher that University research
doesn't involve "testing or hard-
Would such requests be relayed
to Michigan concerns that could
do the testing or manufacturing,
The question was ; answered
Thursday by Robert E. Burroughs,
director of the Research Adminis-
When the University receives
such a request, the matter is re-
ferred to a faculty member who
may work with the concern mak-
ing the inquiry, Burroughs said.
If the request is for testing, it
is referred to a facility in the state
that does the work. "The Univer-
sity tries to help people with these
requests as much as possible," he
According to Burroughs, Ralph
Sawyer, vice - president for re-
search, has said that the Univer-
sity will not accept a contract that
is not "good academic research."
to assure man's safety in space.
The project which Henry co-ordi-
nated in animal flights in the Mer-
cury Project sent chimpanzees on
brief ballistic flights into space.
"The chimpanzee, which is the
animal with the closest resem-
blance to humans, both physically
and mentally, was put in a situa-
tion as near as possible to that
which would face man," he ex-
plained. It was in the same reclin-
ing position that the astronauts
must assume and clothed in a
specially fabricated nylon suit.
An electrocardiogram of the
chimp was picked up by an elec-
trode placed next to the skin of
his leg and a sensor for respiratory
movement was placed on his chest.
During the six and one-half min-
utes that the animal experienced
0 G's (weightlessness) his respira-
tion fell off, while it rose during
acceleration and re-entry.
The animal was also given a
test to determine his psychological
and motor performance under
flight conditions. A panel with two
lights and two levers was placed in
front of him. When the red light
was on he had to push the lever
next to him every 20 seconds or he
would receive a light shock on the
sole of his foot. When the blue
light was on he had to push the
other lever every five seconds or
receive a shock.
The results showed that during
the period of 0 G's the chimpanzee
was pressing the lever moreoften
than normal. But Henry explained
that this was not a serious devia-
tion and most likely was caused
by the natural uneasiness that the
Act To Delay
LANSING (P)-A proposal to set
up a State Civil Rights Commis-
sion was left hanging for the
weekend as the constitutional con-
vention adjourned yesterday.
The convention-in a unique co-
alition of Democratc and liberal
a commission with broad powers
in committee-of-the-whole debate
The matter was sidetracked im-
mediately before the full conven-
tion was to vote on the question
The conservative GOP bloc made
it known in a full Republican
caucus Friday morning that it was
unhappy about the strongly word-
The group met again after the
convention adjourned. Lee Booth-
by (R-Niles), one of the leaders of
the "farmers discussion group,"
said after the closed meeting he
had 25-30 votes supporting an ear-
lier, milder proposal.
GOP to Meet
GOP leaders will meet again be-
fore the session Monday, Boothby
The convention plunged into
of its most controversial subjects
-yesterday and came up with one
The committee of the whole
agreed to a provision establishing
a bipartisan commission on legis-
The eight-member commission,
appointed by the Governor, would
meet after each decennial census
to re-apportion the Legislature.
It would have 180 days to com-
plete its work.
The governor would appoint two
members of each party from each
of four districts-the Upper Pen-
insula, the northern Lower Penin-
sula, and the southeast and south-
west portions of the state.
D. Hale Brake (R-Stanton) told
newsmen, that some of the con-
servatives were upset over the pro-
posal. The situation, he said, posed
a threat to the compromise pack-
age agreement worked. out two
weeks ago between conservatives
and George Romney (R-Bloom-
field Hills), probable GOP candi-
date for governor.
"I'll stick b$r the compromise,
but whether it sticks on the floor
may depend on which part comes
up for a vote first," Brake said.
"Some people are very angry,
and we may have to have a com-
promise on the civil rights com-
mission," he added.
OfNew Steel Pact
PITTSBURGH-Steel negotiators spent yesterday ironing out
the details of a reported new two-year industry-labor agreement for
which union ratification is expected today.
After agreeing Wednesday on basic economic terms, the top
negotiators, R. Conrad Cooper of United States Steel for the industry
and David J. McDonald, president of the United Steelworkers Union,
continued working on secondary problems in preparation for today's
expected ratification. The new<-
contract terms are expected to
call for no immediate wage in-
crease but renewed talks on pay
rates at the end of the first year
-with immediate fringe benefits
worth about $.10 an hour.
The reported settlement, con-
forming to President John F. Ken-'
nedy's call for a non-inflationary
agreement in the economically-
important metal-making industry,
is already being greeted with ad-
Kennedy is expected to hail the
pact as an outstanding demon-
stration of labor relations states-
manship keying labor - manage-
ment goals to the national interest.
He probably will have a state-
ment to that effect when the set-
tlement terms are formally made
Top steel company executives
reportedly converged on Pitts-
burgh last night for a meeting of
their own to examine the product
of the rapidly-conducted negotia-
tions-with agreement reached an
unprecendented three months
ahead of the June 30 expiration
of existing contracts.
It appeared, however, the 1962
settlement is more favorable from
the industry standpoint than any
negotiated in recent years.
For their part, the steelworkers
appeared happy that an unwanted
mid-year strike could be avoided
on terms that will assure more
job-security in an industry hard
hit by unemployment.
The settlement is reported to
provide considerably more liberal
retirement, vacation and work
guarantee provisions along with
improved seniority and grievance
settlement terms. These and other
details of the new two-year agree-
ment are to be made public today.
Call NY Seizure
NEW YORK (P)-The city's re-
cent seizure- of the Fifth Avenue
Coach Lines was ruled unconsti-
tutional yesterday by the state's
second highest court. The court,
however, authorized the city to
continue operation of the buses for
10 days pending an appeal by the
... no inflation
By JUDITH BLEIER.
Plans for expansion and recon-
struction of the dental school
building have been outlined, and
provided that the state Legislature
comes through with the necessary
funds, the University is "ready to
go at any time" with the con-
struction program, John McKevitt,
assistant to the vice-president for
business and finance, said earlier
The new building would be con-
structed upon the present site, ex-
panding north and east. It will ac-
commodate 53 additional dental
students and 40 more dental hy-
genists in each freshman class per
year, he said.
Increased research, office, clini-
cal and classroom space will be
May Spur Legislature
The federal administration bill
asking for construction funds for
medical and dental schools, which
is currently being reveiwed by
Congress, may stimulate the State
Legislature to provide money for
the dental school before others
higher on the University's priority
list, McKevitt noted.
Once recognition for the pro-
posed facilities is granted, it. would
take no longer than a year to com-
plete plans, he said.
The University's dental building
is the oldest one at a state .,up-
ported university- and the second
oldest in the country, Prof. Wil-
liam Mann, Associate Director of
the Kellogg Institute, noted.
Fifth in Line
The dental school is fifth in the
priority list for building constru:-
tion. Before it are additions to
the physics and astronomy build-
ings and the Institute of Science
and Technology, all of which are
currently under construction; the
music school; the second part of
the Fluids Engineering Bldg.; and
the second unit of the Medical
qT7- rr- T **
F or Housing
Legality of Proposal
At Michigan Tech
By MICHAEL OLINICK
"In loco parentis" proponents
gained extra ammunition for their
position yesterday as a state at-
torney general's ruling held that
colleges and universities may es-
tablish standards for off-campus
Hugh B. Anderson, the assistant
attorney general who wrote the-
ruling, said the regulations on stu-
dent extraclassroom conduct can
be enforced if they are not "wholly
arbitrary or unreasonable."
Sen. Charles O. McManiman (D-
Houghton) had called for the 'rul-
ing to clarify the position of the
Michigan College of Science and
Technology. The college's Board
of Control proposed to establish
regulations governing the safety
and moral climate of privately-
owned dwellings which may be
approved for off-campus housing.
The opinion, Anderson explained
last night, is based on the fact that
"the courts are unanimous in hold-
ing that college authorities, under
proper regulations, may control the
conduct of students whether on or
off campus, as long as this control
is exercised in a reasonable man-
Court decisions have given uni-
versity authorities the right to
stand in the place of parents. A
Kentucky ruling cited in Ander-
son's statement spelled this out
clearly in a case which education-
al institutions were given the pow-
er to prohibit the frequenting by
students of privately owned facili-
ties such as restaurants.
Anderson emphasized, however,
that his ruling applied only to the
specific housing regulation at
Michigan Tech, an not to some
of the issues raised in the other
opinions cited. Moreover, he said,
an attorney general's ruling in
general has no legal weight.
Cites 1822 Ruling
Anderson reached as far back
in the law as 1822 to find a ruling
issued in Massachusetts concern-
ing a dispute over the rental of a
horse by a Harvard University stu-
dent. The key phrase in that de-
cision said, "College students are
to be regarded as minors, whether
21 or not, and within the control
of college authorities."
He explained that the closest
case to the Michigan Tech one
was settled recently in Oklahoma.
The University of Oklahoma won
a suit by a landlord who said she
was being denied the right to make
contracts with students When the
university re-instituted a regula-
tion requiring all students to live
in university-owned housing or
fraternities and sororities.
"The court sided with the uni-
versity saying that it had the right
to control the general activities
of its students," Anderson explain-
ed. "The university was also seen
as having the right because it was
responsible for its fiscal policies
and had to pass the regulation to
operate the new dorm without in-
curring a financial loss."
United States Commissioner of
Education Sterling M. Mcmurrin
last week launched an attack on
Gymnasts Keep Pace with
Troja n s
impossible if the climate of opinion
discouraged free and effective in-
terchange of ideas. Without equal
opportunity to utilize First Amend-
ment freedoms, the idea of govern-
ment by the consent of the gov-
erned becomes an empty declama-
"Tomorrow's majority is today's
,minority. Defense of the political
rights of minorities thus becomes,
not the antithesis of majority rule
but is its very foundation. And it
is in the courts of the land where
protection is afforded to the in-
An underdog Michigan gymnastics squad sent its trio of all-
round stars against the nation's best in the NCAA championships
in Albuquerque yesterday, and kept pace with pacesetting Southern
Robert Lynn provided the thunder for the quick start of the
West Coast champion Trojans. The California ace grabbed first
places in the free exercise and parallel bars in addition to the
coveted all-around title to emerge as the individual star of the
first day's proceeding.
Southern Illinois used the talents of Fred Orlofsky who finished
second in the all-around as the springboard to success to challenge
The Wolverines were right up with the leaders by placing two
men among the 10 qualifiers in every event that they expected to
except the high bar, according to Coach Newt Loken where Wolverine
Arno Lascari placed a lone seventh.
In the free exercise Gil Larose picked up a fifth while Lascari
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