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May 17, 1962 - Image 4

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Publication:
The Michigan Daily, 1962-05-17

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Seventy-Second Year
EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN
UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS
"Where Opinions Are Free STUDENT PUBLICATIONS BLDG. * ANN ARBOR, MICH. " Phone NO 2-3241
Truth Will Prevail"

-

OSA IN TRANSiTION:
Faculty Comnents
On Reed Report

J

Editorials printed in The Michigan Daily express the individual opinions of staff writers
or, the editors. This must be noted in all reprints.

THURSDAY, MAY 17, 1962 NIGHT EDITOR: JUDITH OPPENHEIM
Desegregation AnniversarV rinds
Progress Painfully Slow

EXACTLY eight years ago today, the Supreme
Court declared separate facilities inherent-
ly unequal and called for the desegregation of
public schools "with all deliberate speed."
The very vagueness of this phrase indicates
that the Court anticipated a great deal of op-
position to its decision. Today we can see that
such expectations were more than fulfilled.
These eight years, marked by court orders,
school-closings and nob violence, have seen
desegregation take place in only a few school
districts.
No doubt, the fight for equal education has
only begun and it is expected that in the future,
more and more schools will desegregate. The
real question is not one of how much has been
accomplished in the past, but of how quickly
progress will be made in the future. If desegre-
gation in the South continues at the same
rate it has these past years, the goals of the
Supreme Court are a long, long way from be-
ing realized.
IN NEARLY every case, the federal legal sys-
tem has provided the initiative for all action
on school desegregation in the South. And if we
are to depend on the courts alone to fight seg-
regation policies in public education, progress
will continue to be very slow. The Judiciary
must proceed case by case to determine wheth-
er or not "good faith compliance" is forthcom-
ing in each individual school district.
However, if the President wants to, he can
help the judges and speed up desegregation.
Until recently, there was no such executive aid,
for Eisenhower never endorsed the substance
of the Supreme Court's decision. He merely as-
serted that the Court had the legal right to
declare public school segregation unconstitu-
tional. Under Kennedy, however, school deseg-
Justiee
A CRUEL PARADOX faces the judges of
Raoul Salan and Adolph Eichmann. Both
men are being tried, the former indirectly, and
the latter directly, for a crime that cannot be
punished - genocide. The massacre of peoples
on the basis of race or religion is a crime so
huge that hanging is too. small a punishment,
but life imprisonment seems too lenient a sen-
tence.
Salan is being technically charged with trea-
son for leading the revolutionary secret army
in Algeria. Yet at the same time he is really
being tried as the first perpetrator of genocide
since the Nazis. The secret army mass murder
is not being carried out with the mechanical
precision of the Nazi concentration Gestapo,
but with the indiscriminate slaughter of inno-
cent Moslems as they walk the streets.
Meanwhile, the master of the old order
awaits his fate. On May 29 the Israeli Supreme
Court will rule on the appeal of Adolph Eich-
mann from his death sentence for crimes
against humanity.
Both these cases show the limitations of
human justice. No sentence in either case will
serve the usual ends of legal punishment. Death
or imprisonment will not expiate mass murder
nor will it deter its continuation.
So justice for mass murderers lies outside
human hands. The trials are mere shadows of
it.
-P. SUTIN

regation has been enforced more vigorously.
Still, the President and the attorney general
are afraid to be too vigorous. Kennedy must
deal with a conservative Congress and cannot
afford to antagonize Southern senators. He
must be especially careful because many com-
mittee chairmen are from the South and with-
out their support, no meaningful program will
come' out of the legislature. So, the judicial
branch can receive only a little help from the
executive.
Realizing that such difficulties exist, many
civil rights proponents have begun to attack
the school segregation problem from a differ-
ent angle. Their goal is effective political power
for the Negro, and their means are voter regis-
tration drives and the attack on voting re-
strictions. Once the broader problem of politi-
cal power is solved, the Negro will be better
able to help himself in the fight against school
segregation.
HOWEVER, the drive to get the Negro a re-
spectable political position in the South
cannot move very quickly either. The laws
must be changed by the same tedious judicial
process which is having so much trouble with
the schools. Behind the restrictive laws stand
adamant Southerners, frightened by the pos-
sibility that the Negroes will someday over-
power them politically.
Laws alone do not prevent the Negro from
voting. Many Southern Negroes are not inter-
ested in participating in politics and those who
do take an interest have been so effectively in-
timidated by the Southern whites that they are
simply afraid to try to register.
There are many other discouraging factors
in the Negro's fight for political equality. An
examination of the voting pattern in the Unit-
ed States will show that it took women 36 years
before they voted in substantially the same
numbers as men. And the female's rise to po-
litical power was only part of a change of her
role in society. Therefore, if Negroes were al-
lowed to vote in full numbers; it is likely that
the full realization of Negro political influence
would still be a long way off.
O THER EXAMPLES of a rise to power are
the immigrant groups that came to the
United States. In general, these groups could
make a genuine claim to political importance
only after they had produced their own law-
yers, doctors and prosperous merchants. Al-
though this is beginning to happen for Negroes,
they are certainly far from being accepted by
whites as equals.
If civil rights proponents want to move any
faster towards school desegregation, they will
have to use stronger tactics. Perhaps greater
'pressure could be put on Kennedy. If a well-
organized pressure group insisted that the Pres-
ident use the full force of his legal and politi-
cal powers on recalcitrant legislators and local
officials, the cause of desegregation would be
greatly aided.
Another example of new action would be to
insist that the FBI act more vigorously in civil
rights cases. A recent report of the Commission
on Civil Rights reveals the great indifference
of J. Edgar Hoover to reports of police bru-
tality in the South.
It seems clear that unless such new measures
as these are taken, the desegregation of South-
ern schools will be an unattainable goal for
several generations.

FREEDOM AND SECURITY: *
TheUnrsolved ebate

-RICHARD KRAUT

Quadrangle Government

ON TUESDAY of last week, the newly elect-
ed East Quadrangle Council voted to in-
crease the number of times a suit jacket and
tie would be compulsory at meals next fall.
Although the action itself was later reversed,
the controversy which has arisen as a result of
it has given rise to several'important questions
as to the operation of so-called "representative
democracy" in the quadrangles.
The action was taken at the end of the year.
Inasmuch as the regulation would go into ef-
fect in the fall, the people governed by it would
not have been those who elected the council
members. This sort of 11th hour decision is
not in harmony with the concept that it is the
right of the governed to elect the persons who
promulgate the laws of their society.
Often the placing of quad officers in posi-
tions of authority has come about as a result
of the refusal of better qualified people either to
accept responsibility for the administration of
quadrangle government, or, in many cases,
to participate in it.This leads to a government
by default that it often- takes the freshman
617 Midjult Daily

class a semester to alter or correct. At the end
of the year, the process begins again..
For this reason, the action in East Quad-
rangle was symptomatic as well as disheart-
ening. The original changing of the dress regu-
lations to permit a greater exercising on their
right of individual choice by the residents was a
long time in coming and took a great deal of
effort. The attempt by the council to reinstate
the old dress standards can only be termed an
anachronism.
THE FACT that the residents did take an in-
terest in seeing that this action was rescind-
ed is a heartening one. The fact that they dem-
onstrated an interest in quadrangle affairs
may bode well for further reform. The extent
to which this interest has been aroused and the
question .of whether the new wave of incoming
freshmen will continue the trend are matters
about which one can only speculate.
*The fact that a few "progressive" people have
been elected to office in the quadrangles, how-
ever, *indicates that further progress may be
made.
--STEPHEN BERKOWITZ
I nflat0n
N 1850 H. B. Nichols wrote his father a letter
describing his expenses as a student at the
University.

1
i
i
i
l
1
1
t
t
t
F
s
e
E

(EDITOR'S NOTE: This is the sec-
ond in a series of articles on the
issue of individual freedom and na-
tional security.)
By ROBERT SELWA
Daily Staff Writer
HOW FREE is free? Does free-
dom include the freedom to de-
stroy freedom?
Should limits be placed on in-
dividual freedom for the sake of
national security? If so, what lim-
its?
These are questions that Amer-
icans of the 20th century have
sought to answer.
Supreme Court decisions have
given partial answers, but since
the Court is a changing institu-
tion composed of changeable men,
the answers have seldom been per-
manent. They have merely set
some guidelines that are followed
by some, refuted by others, argued
by many, and molded by all.
THE CASE of Schenk v. United
States, 249 U.S. 47 (1919) has been
a cornerstone. Writing for the
Court, Justice Oliver Wendell
Holmes said that "the question in
every case is whether the words
used are used in such circum-
stances and are of such a nature
as to create a clear and present
danger that they will bring about
the substantive evils that Congress
has a right to prevent."
Although the Schenck case ap-
plied the "clear and present dan-
ger" test merely to opinions, the
Court has since applied it to as-
sociations as well.
In another case that year (Ab-
rams v. United States, 250 U.S.
616, 624) Justice Douglas made his
meaning clearer when he wrote
in a dissenting opinion:
"But when men have realized'
that time has upset many fighting
faiths, they may come to believe
even more than they believe the
very foundations of their own con-
duct that the ultimate good de-
sired is better reached by free
trade in ideas - that the best test
of truth is the power of the
thought to get itself accepted in
the competition of the market,
and that truth is the only ground
upon which their wishes safely
can be carried out."
In the Schenck case, Justice
Holmes ,et up a balance between
individual freedom and national
security. In the Abrams case, he
placed the weight on the indi-
vidual freedom side of the balance.
THE COURT used the clear and
present danger test during the
twenties and thirties. In 1941 in
the case of Bridges v. California,
314 U.S. 252, the Court moved
temporarily toward libertarianism.
Writing for the 5-4 majority, Jus-.
tice Hugo Black said:
"What finally emerges from the,
clear and present danger' cases is
a working principle that the sub-
stantive evil must be extremely
serious and the degree of immin-
ence extremely high before utter-
ances can be punished."
Ten years later, the Court

THE MAIN constitutional issue
was whether the Smith Act vio-
lated the First Amendment, which
provides that "Congress shall
make no law . . . abridging the
freedom of speech or of the press
or the right of the people peace-
ably to assemble . . ."
Writing for the majority, Chief
Justice Fred Vinson said that
speech, "is not an unlimited, un-
qualified right" and that "the
societal value of speech must, on
occasion, be subordinated to oth-
er values and considerations."
Overthrow of the government by
force and violence is "certainly a
substantial enough interest for
the Government to limit speech."
Indeed, self-preservation "is the
ultimate value of any society, for
if a society cannot protect, its very
structure from armed internal at-
tack, it must follow that no sub-
ordinate value can be protected,"
Justice Vinson went on. "The re-
quisite danger" exists: "such a
highly organized conspiracy, with
rigidly disciplined members sub-
ject to call when the leaders (feel)
that the time (has) come for ac-
tion, coupled with the inflammable
nature of world conditions..
* *' *
IN A CONCURRING opinion,
Justice Felix Frankfurter recog-
nized the importance of individual
liberty:
"Freedom of expression is the
well-spring of our civilization -
the civilization we seek to main-
tain and further by recognizing
the right of Congress to put some
limitation upon expression. Such
are the paradoxes of life. For so-
cial development of trial and er-
ror, the fullest possible opportu-
nity for the free play of the
human mind is an indispensable
prerequisite.
"The history of civilization is in
considerable measure the displace-
ment of error which once held
sway as official truth by beliefs
which in turn have yielded to oth-
er truths. Therefore the liberty of
man to search for truth ought not
to be fettered, no matter what or-
thodoxies he may challenge . . .
"The mark of a truly civilized
man is confidence in the strength
and security derived from the in-
quiring mind."
IN A DISSENTING opinion,
Justice Hugo Black argued that
the First Amendment is "the key-
stone" of our government and that
"the freedoms it guarantees pro-
vide the best insurance against
destruction of all freedom."
In short, security is rooted in
LETTERS
to the
EDITOR
To the Editor:
IN A LETTER to the editor, dat-
ed Sunday, May 13, I stated

individual freedom, Justice Black
seemed to say.
In another dissenting opinion,
Justice William 0. Douglas argued
that what is at issue is not speech
plus acts of sabotage, but speech
alone. Free speech has performed
a high service, he said. "The air-
ing of ideas releases pressures
which otherwise might become de-
structive." Full and free discussion
exposes the false and encourages
the testing of prejudices and pre-
conceptions. It "keeps a society
from becoming stagnant and un-
prepared for the stresses and
strains that work to tear all civi-
lizations apart." And free speech
has destroyed American Commun-
ism as an effective political par-
ty.
Justice Douglas favored indi-
vidual freedom and indicated that
liberty helps to insure security.
Communism, he said, has been so
thoroughly refuted by Americans
that it has been crippled as a po-
litical force. "Free speech has de-
stroyed it as an effective political
party."
SIX YEARS later the Court took
up Justice Douglas' distinction be-
tween advocacy and action and af-
firmed it in the case of Yates et al.
v. United States 354 U.S. 298
(1957).
The 6-1 majority called for a
distinction to be made "between
advocacy of forcible overthrow as
an abstract doctrine and advocacy
of action to that end." The ma-
jority said that "mere membership
or the holding of office in the
Communist Party" does not con-
stitute sufficient evidence of the
intent to overthrow the govern-
ment by force.
"The essential distinctionis that
those to whom the advocacy is ad-
dressed must be urged to do some-
thing, now or in the future, rath-
er than merely to believe in some-
thing," Justice John Marshall
Harlan wrote for the Court.
* * *
IN A concurring opinion, Justice
Black (joined by Justice Douglas)
stressed that the First Amendment
provides "the only kind of security
system that can preserve a free
government - one that leaves the
way wide open for people to favor,
discuss, advocate, or incite causes
and doctrines however obnoxious
and antagonistic such views may
be to the rest of us."
This key passage shows the link
between individual liberty and na-
tional security. Our body politic
is not weakened, but strengthened,
by the clash of adverse opinion;
the free marketplace of opinion
acts as a safety valve, causing the
radicals among us to "talk them-
selves out."
Prof. William Eberstein of
Princeton University views the
Yates decision as not only a re-
turn to the clear-and-present-
danger doctrine. It also re-estab-I
lishes ''the traditional democratic
and American concept under
which all doctrines, including rev-
olutionary ones, may be lawfully

By ELLEN SILVERMAN
Daily Staff Writer
VMORROW Vice-President for
Student Affairs James A. Lew-
is will put before the Regents his
analysis of recent reactions to the
Office of Student Affairs Study
Committee report. The reactions
have come in the form of state-
ments from student groups, facul-
ty and alumni.
The reports are the culmination
of serious efforts to determine
methods of making the structure
of the Office of Student Affairs
the best possible. Consequently,
they should be treated by Lewis
and the Regents in the same ser-
ious manner that they were pre-
sented. But considerations must
also be made quickly since the
school year is drawing to a close.
The implementation of changes in
the Office of Student Affairs by
next fall will set into motion
changes continitng throughout
the next year. ,
If the changes are not made
quickly, another long year of
transitional r administration can
produce little in the way of con-
structive student participation in
University affairs, an aim of the
Reed Report. An acting dean of
women may function well in her
position, but it is difficult to ex-
pect anyone in a temporary posi-
tion to formulate policies in a
detailed manner since she knows
permanent changes will be made
"sometime."
SO, THE Office of Student Af-
fairs should be changed as quick-
ly as is feasible to insure the con-
tinued development of students
and administration in line with a
changing University.
The crux of the problem is how
to change the office. The original
Reed committee has presented an
extensive philosophy and organi-
zational structure in its report.
But many groups have found these
recommendations unsatisfactory,
and have presented alternative
plans for revision,radaptation and
addition to the original plan.
The Faculty Senate Committee
on Student Relations presented its
proposal to Lewis in early March.
Its opening statement regarding
the overall view of the Reed com-
mittee report reads: "Our reac-
tions to the OSA report are mixed
. We find theblanguage often
confusing or ambiguous, with a
consequent attenuation of the
committee's objectives. This is a
criticism of style as well as of
substance."
* 4
THE FACULTY committee,
which initially set forth the re-
port on the need for change in the
Office of Student Affairs, recom-
mended an independent appraisal
of the technical aspects of organ-
ization structure. This study
would be conducted by one or two
persons "recognized fo' technical
competence."
The committee feels that advis-
ory and appellate structure should
be outside the Office of Student
Affairs and that all functional
agencies of the office should re-
port directly to the-vice-president.
The faculty committee's general
criticism of the Reed Report then
seems to be that authority is not
clearly delineated in the form of
the office structure. The faculty
recommends a structure which
places directors of housing, coun-
seling, scholarships and loan, stu-
dent judiciaries and a coordinator
of student activities directly under
the authority of the vice-presi-
dent.
k * Q
T- IS REPORT makes no pro-
vision fqr the dean of students
which the Reed report recom-
mended, but rather calls for an
assistant to the vice-president and
an executive committee, also un-
der the authority of the vice-pres-
ident. Er ch of the directors would
serve on the executive committee
chaired by the vice-president in
an ex-officio capacity.
In each agency both women and

men would be employed so that "a
student might exercise some
choice in his consultation." This
is in contrast to the Reed Com-
mittee recommendation which, for
the same reason, establishes an
assistant dean of students of the
opposite sex from the dean.
The faculty committee recom-
mended. that Student Government
Council and the Senate Commit-
tee on Student Relations be re-
tained with their present identity
and location "with their respec-
tive constituencies." In addition,
an appellate judiciary would re-
main separate from the Office of
Student Affairs. "It could serve
DAILY OFFICIAL
BULLETIN
The Daily Official Bulletin is an
official publication of The Univer-
sity of Michigan for which The
Michigan Daily assumes no editorial
responsibility. Notices should be
sent in TYPEWRITTEN form to
Room 3564 Administration Building
before 2 p.m., two days preceding

as a court of last resort for those
students whose grievances were
not satisfactorily resolved by the
regular judiciary system."
Noted in the section entitled,
"other observations," is a rec-
ommendation for a code by which
administrative personnel can be
appointed. Faculty would parti-
cipate in the review and selection
of proposed appointees.
Also included is a recommenda-
tion that opportunities for inter-
cultural and inter-racial exchange
be guaranteed with a special re-
sponsibility placed on the resi-
dence halls.
* *
THE STRUCTURE of the fac-
ulty committee's plan is much
simpler than the intricate, often
confusing interrelations of power
proposed in the Reed Report
whose proposed structure has
clearly delineated the authority~
positions of each agency (director-
ship). It abolishes the complicated
hierarchy of deans of students
and assistant dean of students
structure under a Vice-president
and substitutes a vice-president
who has complete authority over
all.
There *is in this plan, however,
only one policy maker. The pur-
pose of gaining more student par-
ticipation seems to have been
overlooked here. In fact, this plan
successfully eliminates participa-
tion in the decision making by
faculty too. The administration
makes and carries out the rules in
this structure.
This is a structure formed by
the faculty which excludes both
itself and students. It is adminis-
tration run and the administra-
tion has complete control.
IN COMMENTING on the plan,
certain faculty members have said
that they feel that their proposed
lack of participation is a necessity
since faculty members do not have
enough time to spend making de-
cisions which are essentially ad-
ministrative.
Althoughveno one has publicly
voiced the opinion, it might be
conceived that the Office of Stu-
dent Affairs is beyond the class-
room and therefore faculty need
not concern themselves with it.
However, everything on the
University campus concerns the
"University body politic," and of
necessity it should concern all who
function within the structure -
faculty, students and administra-
tion. in this way, the Reed com-
mittee report which includes these
three groups on an advisory com-
mittee to the vice-president, is su-
perior to the Senate Committee's.
THE RECOMMENDATION for
independent existence of advisory
boards and appellate structures is
well thought out. Although the
ideal is a structure where such or-
ganizatlons are truly given inde-
pendence of expressing opinion.
But if their existence is dependent
upon an administrator who feels
that these committees are not
functioning as he wishes, they are
doomed to become rubber stamps.
If however, the structure of in-
dependence can be incorporated
into the constitutions of these
bodies, interrelation between vice-
president and groups will take
place easily and the bodies will
not feel that they must rubber
stamp in order to stay alive.
An appellate judiciary is also a
necessary addition to the exist-
ing judic structure. However, the
need for a court of "last resort"
may be mitigated by the adoption
of proposed judiciary changes for
both Women's Judie and Joint
Judic. Any consideration of such
a body should come after these
proposals have been discussed in
relation to 'the Office of Student
Affairs structure.
THE structure recommended by
the faculty committee seems to be
one of the most feasible and "ad-
ministrable" of those suggested,

The clear delineation of authority
and the independent nature of
SGC, the Senate Committee on
Student Relations and certain ju-
dicial bodies would give a well
balanced Office of Student Af-
fairs.
The proposal is based on the
faith that the vice-president will
necessarily give consideration to
both faculty and students when
considering importantddecisions.
But an assumption taken on faith
now is no guarantee for the fu-
ture. The Office of Student Af-
fairs needs a structure whereby
both student and faculty influence
are formally included.
The reorganization of the Office
of Student Affairs was one of the
most, if not the most, crucial is-
sue on campus this year.While it
is essential that no decisions be
madc in haste, neither should pro-
longing of transition occur.
* * *
AND WHEN the decisions are
made, it seems crucial, too, that
everyone concerned be considered.
An Office of Student Affairs with-
out students is much like an army
without soldiers. To get the best-
nossihle working relainnhins-

I

,

A

Business Staff
CHARLES JUDGE, Business Manager
MARY GAUER...........Associate Business N
'M1RVYN RL1N. .. Financeb

Mfanager
Mtanager

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