PAGE ETGMT THE MICHIGAN DAILY lcrftvvAlwr ALvblftvv ftA dmL,^- PAGEEIGH THEMICHGAN11 L.V 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 expanded. 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- junction. 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., case. 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 Council. behalf of Negroes whose voting rights have been violated, and the Supreme Court has upheld the law. 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 maintains. 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 all. 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- taurants. 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 Amendment. 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- tional. 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. Liberties On the other hand, the court has struck down state laws oblig- ing the NAACP to disclose its membership. 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- DAILY OFFICIAL BULLETIN ^::: :::"}": ::'::":::"}t:{":s::s :Y:::V:::::.} : t;Y:: :' : titi"m". : ..: n:. yt : .Y: .....- - - --..~ -~:~.":.::. .Y............~.. ........ ... . . :.:.:.: ... . :.. ...........................:.:...: ....:S...."aw,. . .t.}. .^.1V "~:".:}....ot. ..:t}t :~' . .1y ;;.::: . (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. SUMMER PLACEMENT: 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. POSITION OPENINGS: 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, etc. 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 swimming. 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- reich. 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 apiece. 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 ORIENTATION LEADERS? Sign up now UNION-LEAGUE 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 I r SIC FLICS 11 Hootenanny This Saturday Possibly the greatest assortment of Folk Talent on any stage at one time. 8:30 P.M. - TRUEBLOOD 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. FOR THE BEST PIZZA IN ANN ARBOR IT'S 77wC' ttarfe y h NO 3-5902 Same Reasonable Prices FREE DELIVERY NO 3-5902 I WRITE A SCRIPT for the new Jcp* Open to ALL students Submit to the LEAGUE UNDERGRADUATE OFFICE by April 30 Selections will be made by Monday, May 7 Junior CLASS Play -ester { i t x KING _" C_.{ ';_ .""y,-nil rf IGAPETTES L..Gftl G WERE TGRACCQ CO. "Your, pilot is Captain Smith- I'm your stewardess, Miss Kong." .... ------------------ 21 GREAT TOBACCOS MAKE 20 WONDERFUL SMOKES! AGED MILD, BLENDED MILD- NOT FILTERED MILD-THEY SATISFY DEL 1R0O8rAR Freshly Remodeled - New Management Beer, Wine, Liquor and Cocktails TAKE TIME OUT Specializing in.Delicious Pizza Pie Sandwiches Phone NO 2-9575 122 W. Washington I IT TO DI-NE OUT IY g -iP '' ... ' Good food.. . expertly served, in pleasant surroundings, to the most exacting taste. Luncheons,11:30to2:00 Dinners,5:00to7:00 Sunday: Dinners, 12:00to3:00 Closed Mondays We suggest that you telephone or reservations. Me Corner Jouie S. Thayer at Washington in Ann Arbor - -- A block west of Rackham Bldg.--NO 8-6056 0 THOMPSON'S RESTAURANT 9pu'u4 f 9ite 9004 offers you a taste treat of a traditional Italian dish Dine and Relax 0 " 0 to the music of Paul Tompkins Enjoy the Finest 1 CANTONESE FOOD V V X Tar-Out OrdersAnv.ime 'PIZZA will be served daily from 12 Noon to 2 P.M. and 5 P.M. to 2 A.M. EVENINGS I II I i