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April 20, 1962 - Image 8

Resource type:
The Michigan Daily, 1962-04-20

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FRIDAY, APRIL 20, 1962

Kauper Reviews Today's Civil

(Continued from Page 1)
drastic remedy," flexible in use.
It means that violators are subject
to rapid contempt proceedings,
without a jury trial. Recently, the
power of the injunction has been
Ordinarily, . the Fourteenth
Amendment does not apply to in-
dividuals. But if an individual
interferes with the execution of
a court order issued under the
amendment, he is then subject to
criminal contempt proceedings.
The United States Attorney
General's intervention in the
Prince Edward County, Va., case,
where he attempted to reopen
schools closed to prevent desegre-
gation, presents another issue. The
government theory is that, since
a federal court has ordered de-
segregation, the United States has
the standing to ask for the in-
If successful, this would open
the way to a substantial expansion
in the government's role in this
area, Prof. Kauper says. (Usually,
the Negro children's parents must
bring the suit.) But it is not at
all certain, Prof. Kauper says,
that the United States can initiate
actions to protect Fourteenth
Amendment private rights.
Prof. Kauper also points out
the power of injunction may break
down, as in the Little Rock, Ark.,
CONGRESS - Both civil and
criminal remedies have been pro-
vided for individuals whose rights
have been violated by the states
or persons acting under the aegis
of the state authority.
Congress has broad powers to
regulate the right to vote for fed-
eral officers, although it is more
limited with reference to state
elections where the right to vote
for state officers is regulated only
under the Fourteenth, Fifteenth
and Nineteenth Amendments.
Make Right Real
The problem is to convert this
paper right into reality, and "over
the long run, the real position of
the Negro so far as the enjoyment
of rights is concerned will be
determined by his effective en-
joyment of the voting privilege,"
Prof. Kauper says.
Congress has authorized the at-
torney-general to bring suit on
SGC Passes
SRB Change
At Meeting
Student Government Council
Wednesday approved replacing the
Student Relations Board by two
alumni coordinators.
In its rationale for abolishing it-
self, the Board stated it "has be-
come too cumbersome to effect its
original purposes," Which are to
represent the student members of
the University Development Coun-
cil, to represent the alumni to the
student body and to educate stu-
dents. as to their duties as alumni.
The alumni coordinators will
serve concurrently as members of
the Development Council, SRB
chairman Caroline Dow, '63, ex-
plained. Under the old system, two
SGC-appointed officers of the
Board served on the Development

behalf of Negroes whose voting
rights have been violated, and the
Supreme Court has upheld the
Congress has created a Civil
Rights Commission, which has
broad investigatory powers, and,
in 1960, a system of federal regis-
trars to guard Negro voting rights,
Too Soon To Know
It is too early to tell whether
the registrar scheme will be ef-
fective, Prof. Kauper says. But
its constitutionality is sure to be
challenged as it represents a sub-
stantial intervention into what is
usually considered a state power-
determination of the right to vote.
Given the Fifteenth Amendment
guarantee and continued discrim-
ination, "it would be surprising
indeed" if the law was declared
unconstitutional, Prof. Kauper
EXECUTIVE - The political
power and moral authority of the
Presidency may at any time be
thrown behind further civil rights
legislation and action. And the
executive's "energy and initiative"
will determine the effectiveness of
present civil rights laws.
Prof. Kauper says it is clear
the executive may send troops
or "a small army" of federal
agents to protect rights, as was
done when Freedom Riders came
to Montgomery, Ala. He feels it
is politically and psychologically
preferable to use civilian officials
instead of troops.
State Liability
Another pressing question with
regard to Negro rights is whether
the state may sanction private dis-
criminatory acts-a question trig-
gered by sit-in cases where service
has been denied to Negroes.
The basic issue is whether the
state, in sanctioning private dis-
crimination, has acted in violation
of the Fourteenth Amendment,
which says the states must grant
equal protection of the laws to
The Supreme Court has been
"groping its way" toward an an-
swer to this question, which i --
volves suchsmatters as state en-
forcement of property owners'
agreements not to sell to Negroes
or enforcement of anti-trespass
statutes to bar Negroes from res-
Private Actions
It is clear that private persons
may attempt such actions, Prof.
Kauper says, but recent Court
decisions indicate a state may not
enforce these private actions. This
would occur if a court sanctioned
the closed-occupancy agreement or
a trespass statute was used to
deny Negroes the common law
privilege of service, if this exists.
Prof. Kauper points out that in
some states or areas such obliga-
tions to serve may not exist, and
state support of property rights
might well be justified there.
Prof. Kauper begins his argu-

ment on aid to parochial schools
with a critique of the "separation"
principle which, he points out, is
not stated as such in the First
He says the purpose of the First
Amendment was not to build a
wall between religion anti the
state, but to prevent state promo-
tion of religion.
As it is, he says, the state al-
ready aids religion in many ways
-fire protection of churches, or
tax exemptions, for example. It
protects freedom of religion.
At the same time, the state
depends on ,the religious com-
munity, whose ethics and morals
make a valuable contribution to
the community.
Limit on State
There is, however, a limit to
what the state may do for the
church. Prof. Kauper says: "Leg-
islation identifiable with religious
views and practices is constitu-
tional if it can be supported by
adequate considerations of a secu-
lar or civil nature relevant to the
exercise of governmental power.
Otherwise, it fails either as an
attempt to establish religion or
simply as an arbitrary exercise
of power unrelated to appropriate
public objectives."
Aid Permissible
Prof. Kauper applies the - con-
currence-of-function dictum to aid
to parochial schools in arguing
that aid is permissible if it is for
"fringe benefits" or particular
phases of education identifiable as
secular character-all of which
have a general public purpose
beyond the religious. Examples:
school bus transportation; free
lunches; construction of labora-
tories, for which there is no con-
trolling precedent which indicates
such aid would be 'unconstitu-
Prof. Kauper also argues that
aid to parochial schools would, by
keeping the cost down, strengthen
the right of parents to send child-
ren to private schools which meet
public standards.
Freedom of Association
Shifting to recent cases in-
volving the freedom of association,
Prof. Kauper remarks the mark-
edly different Supreme Court
treatment of cases involving the
Communist Party and the NAACP.
On the one hand, the Communists
have been forced to disclose mem-
bership lists. It is even a crime
to be a Communist.

On the other hand, the court
has struck down state laws oblig-
ing the NAACP to disclose its
Prof. Kauper says the Court
majority has in these cases been
following the balance of interests
technique, which says some gov-
ernment actions, ostensibly against
First Amendment guarantees, may
be permissible, if a legitimate pub-
lic goal is served. The government
may protect itself from violent
overthrow, but not from agitation
for civil rights.
Absolute Position
The minority has taken the
"absolutist" position, which says
the First Amendment rights must
be followed unequivocablly.
Prof. Kauper suggests the First
Amendment guarantees are not as
absolute as they might appear-
for instance the right to free'
democratically-directed speech is
clearly more important than ad-
vocacy of violent revolution. There
is room for judicial "maneuvering"'
to evaluate the interests of the in-
dividual and the community.
But, he says he doesn't wish to
deprecate the absolutist interpre-
tation when it lends pre-eminence
to First Amendment guarantees,
and adds that the balance of in-
terest technique must be used in
a way which does justice to con-1
stitutional values.
No Clash with Congress
In interpreting the anti-Com-
munist laws, the Court majorityk
has indicated an understandableC
reluctance to clash directly with1
Congress over national policy,f
Prof. Kauper says.
He argues that the Court bestc
protects freedoms when it "nudgesr
and pulls" Congress, rather than
battling directly. And ". . the
greatest function the Court can,
perform . . . where free speech is
an issue is to employ its power
of statutory interpretation and3
its review of concrete cases in a
way that will maximize free speech
and limit the operation of restric-

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(Continued from Page 5)
ATTN. all Students-a rep. of U.S.
Dept. of State will be on campus to
talk to students interested in taking
Foreign Service Officer Exam. In 1962,
exam given only on Sept. 8 but appli-
cations must be in Wash., D.C. by July
23. Meeting held on WED., APRIL 25
giving requirements for foreign service
work. 4:00 p.m. in Aud. C, Angell Hall.
Jointly sponsored by Poll. Sc. Dept. &
Bureau of Appts.
City School District, Rochester, N.Y.
Openings: (1) Stat. & Research Consult-
ant. Man or Woman; BA plus N.Y. State
teacher's certif. Requires 3 yrs. public
sch. teaching. Bkgd. In Stat. (2) Stat.
Assistant, Man or Woman, BA & exper.
in research & analysis. Mr. F. Gannon,
Di'r, of Research will be in Ann Arbor
on Tues., April 24. Call Ext. 3544 for
further details.
212 SAB-
American Student Information Service
-Jobs in Europe for students & teach-
ers, including resort, farm, hospital,
child care & camp counseling positions.
Time, Inc. College Bureau - Positions
for women as Telephone rep, both part-
time & full-time.
Camp Wohelo, Inc.-Penn. girls' camp.
Mrs. Levy wants married couple who
can plan & supervise overnight trip
prog. for camp.
Recreation Dept. of Council Bluffs,
Iowa-Residents of this area should ap-
ply directly to the dept.
Come to Summer Placement for fur-
ther information.
State of Ill-, Dept. of Personnel,
Springfield-Immed. openings for' Re-
search Analysts, BA, preferably with
courses in social sci. & statistics. Knowl-
edge of report prep; charts, graphs &
tables; research methods & techniques,
Timm & Robson, Saginaw, Mich.-Ca-
reer oppor. for Jr. Accountants. Recent
or June grads. Degree in Bus. Ad. with
major in Ac't. & Auditing.
Library of Congress, Washington, D.C.
-Many & various openings including:
Tech. Editor; Cartographer; Bibliog-
rapher; Classification Officer for Per-
sonnel Office; & Ass't. Chief of Sci. &
Tech. Div.
YWCA, Aurora, Ill. - WOMAN for
Health, Physical Educ. & Recreation
Dir. Position open Sept. '62. Major or

minor in Phys. Ed. with some work in
rec. field. Should have Red Cross In-
structor's Cert. Major work will be
ForGrfurther information,Aplease call
General Div., Bureau of Appts., 3200
SAB, Ext. 3544.
Summary of Action Taken by Student
Government Council at its Meeting of
April 18, 1962
Approved: Minutes of March 23, March
28 and April 4, 1962.
Adopted,: That the following persons
be inte-viewed by Student Government
Cound at its regular meeting of April
25, 1962, in order to fill the vacancy
on the Council: Gordon Elicker, Mark
Hauser, Robert Rhodes, Herbert Heiden-
Adopted: That Chris Cohen and Da-
vid Eason, Assistant Manager and Man-
ager of the Student Book Exchange re-
spectively, be given bonuses of $20.00
Adopted: That the structure of the
Student Relations Board be amended as
follows: in place of the board, Student
Government Council shall appoint two
student Alumni Coordinators, who shall
do the work presently done by the en-
tire Student Relations Board. These co-
ordinators would be a male and a fe-
male. appointed for staggered two-year
terms, the senior member to serve on
the Executive Committee of the Univer-
sity Development Council and the' jun-
ior member tosucceed him the follow-
ing year. The two coordinators shall
make recommendations as to their suc-
cessors. These two coordinators shall
work closely with Student Government
Council's Administrative Vice-President
in policy matters, and two Council
members will serve as assistants to the
Sign up now

Alumni Coordinators in matters of
alumni relations.
Adopted: (Report of executive session
of Student Government Council)
Student Government Council has
chosen not to begin its deliberations on
the recommendation originally submit-
ted to it by the Committee on Mem-
bership in Student Organizations on
March 5, 1962, regarding Gamma Nu
Chapter of Sigma Nu. Since the close
of the Council's hearing on April 4, 1962,
the Council has received a communica-
tion from Mr. Richard Fletcher, the
Executive Secretary of Sigma Nu Fra-
ternity, stating that "The High Coun-
cil of Sigma Nu Fraternity. under the
authority vested in it by Clause 3,
Section 15, Chapter VIII, Statutes, the
Law of -Sigma Nu, has granted the peti-
tion of Gamma Nu Chapter of Sigma Nu
Fraternity, at the University of Michi-
gan, for a 'Membership Qualifications
Waiver with Honor,' as provided in the
section of the Law cited."
The Council deems this apparent
alteration of membership selection poli-
cy by Sigma Nu so sognificant that it
might substantially alter the March 5,
1962 recommendation of the Committee

on Membership in Student Organiza-
tions. The Council therefore, forwards
the communication from Mr. Fletcher
to the Committee on Membership in
Student Organizations and directs that
the Committee investigate the provi-
sions of the "Waiver with Honor," hold
hearings whereanecessary as provided
in its procedures, and in light of this
activity assess whether the new action
by the High Council of Sigma Nu Fra-
ternity alters the Committee's recom-
mendation of March 5, 1962, and report
back to the Council its deliberations
by May 2, 1962.
The Council further directs that if
necessary Gamma Nu Chapter of Sigma
Nu revise its statement filed under the
University Regulation of December 13,
1960 so that the statement conforms
with any new local policy.
Adopted: That Student Government
Council endorses Project Welcome, spon-
sored by the Human Relations Board of
Student Government Council and feels
that it is a positive and concrete step
to eliminate discrimination in the im-
portant area of housing, and further
calls for the support ofrthe entire stu-
dent body in this effort.

Only a few more days
to petition for the new
J. C.P.*

Positions Available
Male and Female General Chairmen
Male and Female Directors
Pick up your Petition in the
League Undergraduate Office
Junior CLASS Play





This Saturday
Possibly the greatest
assortment of Folk Talent
on any stage at one time.

tive statutes."
Prof. Kauper's personal attitude
on the anti-Communist laws is
mixed. He says their purpose is
legally justifiable, although con- GOLFRANGE
stitutional measures are not ne-
cessarily wise. He suggested the YeD -
best way to counter Communism On .s-23 - South Of Packard R
is by "positive" means rooted in
democratic ideas.
77wC' ttarfe y h
NO 3-5902
Same Reasonable Prices
NO 3-5902


WRITE A SCRIPT for the new
Open to ALL students
Submit to the
Selections will be made by Monday, May 7
Junior CLASS Play

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_" C_.{ ';_ .""y,-nil rf

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