FORCED INTEGRATION IN THE NORTH See Page 4 Y Sw A :4Raitt t PARTLY CLOUDY Hlgh-48 Low-30 Continued cloudiness, turning cooler tonight. Seventy-One Years of Editorial Freedom VOL LXXII No. 131 ANN ARBOR, MICHIGAN, SATURDAY, MARCH 31, 1962 SEVEN CENTS SIX PA White To Replace Whittaker on Supreme Court 4 Appointment Needs Senate Confirmation 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 Backs 'In Loco Parentis' BYRON WHITE ... Supreme Court Justice Mason ites Court's Role 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- mer. Broad View "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 Preserve Tensions 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 nine men. "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- structed. Effective Action "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 tribunal." White, 44, was an All-America football player at the University of Colorado and later starred as a halfback for the Detroit Lions and Pittsburgh Steelers. 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 President's brother. 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. Probably Liberal (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." Lacerda Siezes Phone Company 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 million. 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 orientation. HerExlisDetails' 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 Hatcher Quote Sparks Query on Research What does the University do with requests for testing, hardware manufacturing or engineering de- signing to be done by its research facilities? 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- ware manufacturing." Relay Requests? Would such requests be relayed to Michigan concerns that could do the testing or manufacturing, he wondered. The question was ; answered Thursday by Robert E. Burroughs, director of the Research Adminis- tration. 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. State Facilities 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 continued. 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. Chimpanzees Orbit "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. Psychological Test 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 situation produced. Act To Delay Civil Rights Commission 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 Republicans-tentatively approved a commission with broad powers in committee-of-the-whole debate Thursday. The matter was sidetracked im- mediately before the full conven- tion was to vote on the question yesterday. Conservative Bloc The conservative GOP bloc made it known in a full Republican caucus Friday morning that it was unhappy about the strongly word- ed proposal. 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 said. The convention plunged into legislative reapportionment-one of its most controversial subjects -yesterday and came up with one tentative agreement. The committee of the whole agreed to a provision establishing a bipartisan commission on legis- lative reapportionment. 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. Gubernatorial AIpointments 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. SEEK AGREEMENT: Expect Ratification 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- ministration acclaim. 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 known today. 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 Unconstitutional 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 city. Colleges Can Make Rules R.CONRAD COOPER ... no inflation DENTISTRY: G''Awaits State Funds, 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 this week. 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 provided. 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 Sciences Bldg. qT7- rr- T ** F or Housing Anderson Supports 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 student housing. 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. Courts Unanimous 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- ner." 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." Attacks iYmits On Education United States Commissioner of Education Sterling M. Mcmurrin last week launched an attack on NCAA SEMI-FINALS: 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- tion. "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 California. 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. Wolverines Equal Southern Illinois used the talents of Fred Orlofsky who finished second in the all-around as the springboard to success to challenge the Trojans. 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 - U -,...'..r.....