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September 28, 1961 - Image 4

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The Michigan Daily, 1961-09-28

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Seventy-First Year

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

Y, SEPTEMBER 28, 1961


Parallel Committees ...

Parallel Progress?

"I Don't Want My "ax Money Spent On Your Kind"
}- -z
r -

Associated Press News Analyst
CONGRESS CLOSED YESTERDAY on an extremely sour note.
An attempt to tote up some of the things that have happened in
Washington this year produces a certain sense of unease about
trends in American government.
The House passed an appropriation bill. in its last hours more
than $400 million above the figure approved by the Senate, and then
adjourned without allowing any time for conference compromises.
The Senate was left to swallow the larger figure or leave the adminis-
trative departments without their appropriations. Senators were out-


GROUP DYNAMICS, as a theory, claims that
certain assumptions can be made about
small groups before they begin to function.
Similarly, a number of judgments can be made
at this point about the University's two new-
est committees.
Student representation on both the reas-
sembled lecture committee and the office of
studet affairs study committee represents an
auspicious beginning for improvement in the
University. Several years have passed since the
Initial battle for student representation on
faculty-administration committees was waged,
but even now it is always with a sigh of relief
that one learns that students are included in a
planning group.
STUDENTS were appointed to the new lecture
committee because there were students on
the old one. They will serve a far more crucial
function this year, but they are present pri-
marily because two students were added to the
structure of the lecture committee in May,
1957. President Hatcher said last spring, when
Platform Attractions closed shop, that the oth-
er functions of the lecture committee would cer-
tainly continue. Because the members of the
old committee resigned, the new group repre-
sents in effect only a shake-up of personnel
and an added mandate to attempt revisions
of the Regents bylaw on lectures.
The Office of Student Affairs study commit-
ee has rstudentsrepresentation primarily . be-
cause great pressure was applied by students
and faculty during the summer. Prof. John
Reed, "chairman of the committee, and a dele-
gation from Student Government Council
agreed only yesterday on the number of stu-
Student representation is in the process of
becoming an automatic, unquestioned part of
University committees. The progress that has
been made is great, but it is not yet time to
LAST WEEK the Michigan Supreme Court
became the fourth in the nation to make
k very special kind of decision. In a 5-3 vote,
he high court reversed a long-standing
precedent and held that it would be.permissable
o hold governments and their agencies liable
for damages from negligence.
It is not the decision itself that is disturb-
ng, for such legality is long overdue. Govern-
nents can well be just as negligent as private
ndividuals or groups, and it is time that all
governments admit this, following the example
4 the federal government (set in the 1930's
)hen the federal courts allowed that the
Jnited States government could be sued if it
agreed to be sued.
RATHE, it is the way in which the Michi-
gan Supreme Court arrived at its decision
hat should be of concern to all people for
t seems to be a violation of our governmental
The immunity of government from civil
uit has long been accepted, even back to
he theory that "the king can do no wrong,"
nd while this theory may not be true, courts
knd legislators have operated on that theory
'or hundreds of years. Therefore, under the
heory of common law, this is a rule of the
However, its common law status does not
nake it unassailable. Legislators are free to
hange it through the normal channels of
roting a contrary statute. But courts are not
ree to change this law or any other to
git themselves, for our governmental process
pecifically does not give them the power to
egislate, and laws are only changed by legis-
AID JUSTICE EDWARDS in the majority
opinion, "I do not see why our courts have
dhered to this out-moded doctrine (stare
lecisis, or the theory that courts are bound
Ol precedent) as long as they have."
Added Justice Black, in essence, Legislators

relax and assume that students will be ap-
pointed to future committees without pressure.
ART OF THE REASON for the anxiety and
breath-holding when committees are an-
nounced is that 'they usually emerge unan-
nounced and fully-formed from the jaws of
the Administration Building. Certainly, it is the
privilege of the University's administrators to
form committees at will. The suggestion here
is simply that the ideas for' such committees
might benefit from exposure before they be-
come part of the University structure.
But this kind of open, cooperative atmosphere
will only develop over a period of time. It will
come aboust through constant pressure from
faculty and from an increasingly responsible
student body, which year by year becomes more
ready to participate fully in University affairs.
The big step this year toward responsible
student participation could be the precedent of
open hearings for the two new committees.
Professor Reed and his committee are to be
commended for postponing the decision on open
hearings until after the student members of
the group have been appointed. The lecture
committee also has not considered it yet.
THE INTRODUCTION of open hearings this
year will be further evidence that student
participation in policy-making does not stop
with the placement of one or two knowledge-
able and interested persons on committees.
Open hearings are a product of student re-
sponsibility, but conversely, they are the im-
petus for expanded and more successful student
policy-making. Observers at an open hearing
not only watch sophisticated decision-making
on matters which directly effect them, but are
also stimulated to consider the relevant issues
themselves. The ever-widening circle of in-
formed, concerned and responsible students
cannot help but create a better institution.
Associate City Editor
of Powers
have not done their duty (in allowing the law
to remain) and therefore we'll do it for them.
But Justice Carr, joined by Justice Kelly
and Chief Justice Dethmers, had the wisdom
to correctly evaluate the letter of the law.
We are bound by precedent, Carr pointed out,
for "we do not have the power to legislate."
Illinois, California and Ohio preceded Michi-
gan with decisions of this nature. The legis-
latures in Illinois and Ohio have already passed
legislation reversing the 'decisions. Legislation
is pending in California.
COURTS must not be allowed to assume
that they have the power to roam about
through the law, ignoring it or going against
it at will, for this denies a citizen a basic
protection that he must assume: That he can be
sure what is and what isn't legal in his
society and act accordingly.,
But if he is faced with a court that feels
free to change the law at will, he can never
be sure whether he is right or wrong.
When laws are changed by legislation, he
is protected by the doctrine of "no ex post
facto" (no man may be convicted of a crime
that was not a crime when it was committed).
When precedent is changed by judicial action,
the defendant involved suffers for something
that was not a crime when he did it, clearly
a violation of our governmental principles.
Article IV, Section 2 that "no person be-
longing to one department shall exercise the
powers properly belonging to another . . .
The majority opinion even goes so far as
to say that the court has taken upon itself
to legislate, even though Article V, Section 1
states that "the legislative power of the state
of Michigan is vested in a senate and house
of representatives . "
'It would not seem that the framers of the
constitution could have been more explicit,
but apparently it isn't clear to a majority
of Michigan's high court.

Congress Ends
On Sour Note


Better Livit
Daily Staff Writer
IN 1911, the E. I. du Pont de
Nemours and Company was
ordered by the Supreme Court to
divest itself of part of its huge
holdings in the explosives in-
dustry. In the process, it accum-
ulated vast sums of money and
was forced to search for a new
field in which to invest. Seven
years later, duPont purchased a
large block of stock in a then-
struggling automobile company-
General Motors.
In 1961, the E. I. du Pont de
Nemours and Company was or-
dered by the Supreme Court to
divest itself of all its huge hold-
ings in the automobile industry.
When duPont purchased its 23
per cent interest in General Motors
more than 40 years ago, the stock
was selling for $2.09 per share.
The 63 million shares are now
worth approximately $2.9 billion.
s * s
THE HISTORY of the divesture
order, which began more than
three decades after the original
purchase, centers mainly upon a
Federal District Court in Chicago
and the Supreme Court in Wash-
ington, D. C. In 1957, the Supreme
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 3519 Administration Building
before 2 p.m., two days preceding
General Notices
Language Exam for Masters Degree in
History, Oct. 13. 45 p.m. 429 Mason
Dictionaries may be used. Sign the
list posted in the History Office, 3601,
Haven Hall
Events Thursday
Carillon Recital: Thurs., Sept. 28 at
7:15 p.m., Burton Memorial Tower.
Percival Price, University Carillonneur.
Engineers: "Opportunity Trends in
Engineering" will be discussed by Prof.
Johna . Young, director, Engineering
Placement, Thurs., Sept. 28, at 400
p.m., in 311 West Engineering. All in-
terested students are invited and en-
gineers who expect to graduate this
year are especially urged to attend one
of these meetings.
Union International Seminar: "Ad-
mittancesof.Red China to the UN,"
Thurs., Sept. 28' at 4:15 p.m. Union
Room 3-S.
Events Friday
Astronomical Colloquium: Fri., Sept.
29, 4:15 p.m., The Observatory. Edward
K. L.,Upton will speak on "Contracting
Registration for Seniors and Graduate
Students: The Bureau of Appointments
and Occupational Information will hold
two meetings next Tues., Oct. 3, in
Aud. B, Angell Hall-One at 3:00, One
at 4:00-both open to everyone. Both
the Education Division and the Gen-
eral Division of the Bureau will brid
registration at this time for all rb!-
dents who will be available for ptt,*
tions in February, June, or Aust,


through Congress?

Court found that the tie between
duPont and General Motors was
"a tendency toward monopoly,"
and directed the District Court to
devise a methods of destroying this
"tendency" with full regard for
"the exigencies of the particular
Because the Government had
indicated no preferred sequence of
events, and duPont had indicated
a preference for the early sub-
mission of detailed plans by both
sides, the Government submitted
its proposed decree several months
later. The plan called for dives-
ture by duPont of ,its 63 million
shares by equal annual distri-
butions to its stockholders, as a
dividend, over a ten year period.
In May of the next year, the
Commissioner of Internal Revenue
delivered a ruling that the divi-
dend to individual stockholders
would be measured for tax pur-
poses as the market value of the
stock at the time of distribution.
* * *
INJUNE, objections to the Gov-
ernment's plan were filed, includ-
ing that such divesture would
severely depress the values of both
GM and duPont stocks. This de-
crease, besides bringing hard-
ships on stockholders, would ex-
tend to other related corporations
and have a generaly unheathy
effect on the entire stock market
and business activity. It wouid rtt,
the objection concluded, follow the
Supreme Court mandate and oe
"in the public interest."
After extensie hearin's and
serious consideration of the tax
effect of complete divesture, the
District Court evolved a plan to
pass the voting power of the
stock on to the individual duPont
stockholders in proportion to
their holdings. To insure ai splt-
ting of corporate interess, it also
enjoined the two companies from
sharing common directors, offi-
cers, or employees.
As a precautionary measure, the
court retained jurisdiction over
the case to insure the absence of
any preferential trade agreements.
In light of their evidence and
these precautionary measures, the
court decided that to order a
divesture of the title to the stock
would "constitute a serious abuse
of discretion."
THIS DECISION was appealed
by the Government to the Su-
preme Court in the hope of ob-
taining complete divesture of the
stock title, not just the voting
power. By this time, other agencies
had made remarks relevant to the
case. The Attorney General's Na-
tional Committee to Study Anti-
trust Laws had reported in 1955
that divesture is "not to be in-
voked where less drastic remedies
will accomolish the purpose of the
Robert A. Bicks, then Acting
Assistant Attorney General in
charge of the Antitrust Division
said it would be well to note that
"the 1890 Sherman and the 1914
Clayton Acts, the basic' antitrust
statutes, became law bet re the
income tax was a reality."
Nevertheless, vhf 6uprem Court
found by a 4.3 decision that pass-
ing on the voting rights to all

trict Court whereby duPont's di-
vesture of its General Motors
stock would be completed within
10 years.
* * *r
mended would be treated as in-
come under the present tax laws
and taxable at the regular rates,
which would mean an estimated
$1 billion in taxes. President
Greenewalt of the duPont Cor-
poration guesses that about half
the distributed GM stock would
have to be sold to pay the taxes.
Senator Williams (R-Del), rank-
ing Republican on the Senate
Finance Committee has stated
that a distribution of GM stock
under present laws Would be "con-
The minority report, written by
Mr. Justice Frankfurter, con-
tended that reversing of the lower
court was neither necessary nor
wise. He noted that the Supreme
Court is not intended as a fact-
finding body and that "for the
Court to require divesture, there-
by overturning a trial court judg-
ment founded on an appraisal of
voluminous conflicting evidence
and opinion, is in effect to dis-
place the trial court's, function
as a fact-finder."
He also claimed that the Dis-
trict Court's resorting to such
safety measures as retaining jur-
isdiction over the case "is an
established practice in review of
antitrust remedies, for they allow
the courts to act on the basis
of informed hindsight rather than
treacherous conjecture . . . The
essential appeal of the Govern-
ment's position lies in its excita-
tion of fear of any intercorporate
relationship between two such
colossi as duPont and General
NEVERTHELESS, complete di-
vesture had been ordered. In view
of this, a bill was put before
Congress which would have re-
duced the tax impact on duPont's
hundreds of thousands of stock-
holders by allowing the distribu-
tion to be treated as return of
capital gain rather than income.
In this way, it would be subject
to a capital gains tax maximum
of 25 per cent instead of an
income tax estimated to average
50 per cent.
The duPont 'bill, delayed in
spite of Mr. Justice Brennen's
plea that "this already protracted
litigation should be concluded as
soon as possible," will be brought
up in the Senate next January.
By that time, however, the precise
procedures of the divesture may
have been decided.
Congressional action to relieve
the tax hardships resulting from
the divesture order was needed
immediately. Final closure of a
case begun over 12 years ago
should not have been delayed be-
cause of either petty grievances
or a desire to adjourn.
THE IDEA of democracy . . .
contains no reference to the

raged. During the last weeks of
the foreign aid appropriation,
even a Solomon could not have
told who was acting within his
own conception of the best in-
terests of the nation, and who was
trying to harvest political hay to
feed upon during the forthcom-
ing election campaign.
There was little or no states-
like explanation to the public
which would help it pass judg-
ment on whether the administra-
tion had asked more than was
really needed in the hope of a
favorable compromise. It was just
as difficult to assess the opposi-
tion to the actual money figure-
as oposed to the issue of methods
of financing which involved a
fight over legislative and admin-
istrative prerogatives.
* * *
THERE HAS BEEN unease for
years over the transition wiunin
Congress from government under
majority and minority party re-
sponsibility to government t y
bloc. The actions of both the lib-
eral and conservative moalians
this year serve to heighten that
unease, regardless of the merits of
the issues involved.
A strong argument can he made
for individual independenc in
Congress when it represents a
conscientious effort at ┬░lexzbiity
and objectivity in dealing with the
nation's welfare. When it deter-
iorates into coalitions and a mere
fight for the balance of power,
it can become dangerous.
* * * -
side there seems to have be a
settling down and a restoration of
confidence in the ability to act
since the tizzles over Laos and
But only last weekend the public
was shocked by its own misinter-
pretation' of a statement by Gen-
eral Clay in Berlin which was
taken to mean the United States
was shifting to a policy of ap-
peasement. The point is that the
public mind was in a state of
readiness to accept such an in-
terpretation as fact, ready to be
shocked, because of the condition-
ing effect of the half measures
taken in Cuba in April and the
march up and then down the
hill of Laotian defense in May.
The unease is not confined to
the United States.
When American representatives
went to Europe recently seeking
cooperation in easing this coun-
try's problem over her balance of
trade and the soundness of her
currency, their reception was not
sympathetic. They were asked why
the United States didn't try a little
austerity herself.
Some of the inconsistencies re-
vealed in Washington this year
affect not only foreign thinking
about the American ability for
leadership, but also create con-
fusion among the American peple
over how they are expeted to
answer President Kennedy's call
for their enlistment in the na-
tional effort.
The Second
RELIGION is finally setting the
hard sell it so richly deserves:
there's a church in Florida that's
now giving green trading stamps
to people who attend services. Now
piety will yield tangible iUreasures,
as reverent little parishioners race
from pew to supermarket. "Look
Ma!" a choir boy will cry with
a flourish of his stamp book, "I
awreddy prayed five times for a
holster. Only seven more prayers
and it's mine."
Such bonuses should not only

hypo church attendance, but they
also might send worshipers to
the tabernacle as often of five
times a week, especially if they're
praying for something they really
need in the kitchen. From now
on you Just can't bow your head
with vague wishes for such im-
practical premiums as world peace
or human happiness: you must
know the specific prize you're after
and how many services it will take
you to get it - otherwise you'll be
wasting your time and valuable
pew space. Of course, this new
religious incentive will bring its
problems. For example: the sup-
plicant who makes the most trips
to the supermarket could become
holier than thou. Things might
be simplified by having services
right in the store, thus eliminat-
ing tedious trips to redemption.
With trading stamps for a start-

the session, in the dispute over
To the Editor:
RE Mr. Vide's article on those
milk drinking Americans..
His article isn't really very im-
portant and not too much time
should be spent over it. Having
been a "foreign student" for quite
some time .I have come across
talk like that before. However,
I can't let Mr. Vide get away
with speaking in my name when
he talks about the opinions of
Europeans. Had he said some
Europeans, or even many Euro-
peans, I might have left it at that.
But I won't put my name behind
some of his unfair, immature and
partly ridiculous statements. And
it just so happens I like milk.
Of course students are different
here. Life is different here. But
you'll find as many open minds,
and as many closed minds, as
many un-"boiled eggs" and as
many responsible students here
as in the Old World. Some values
are different here. And if Mr. Vide
had studied things a little better,
he would know that no American
student of good academic ability
needs a woman to support him
through school. Maybe these wo-
men are supporting| their niar-
riages which may just have more
appeal to them and their hus-
bands than 'Mr. Vide's strong
man's life with relations with the
oposite sex-boy, oh boy...
* * *
MUCH OF WHAT he says is
really cliche and has been re-
hashed so many times by foreign
students during their first months
of stay here when they derived
some comfort In criticism because
they couldn't quite accept every-
thing easily and felt a bit left out
of things, maybe felt a little home-
It is my sincere hope that be-
fore Mr. Vide leaves this country
he will change. some of his at-
titudes and his ways of thinking
a little bit-otherwise his invest-
ment and that of whoever fi-
nances him. here will have been
wasted, with more loss to himself
perhaps than to this country which
has learned to accept such
failures before.
Well, not too much offense
meant, Mr. Vide. But don't apol-
ogize for your English-there are
other things that might need im-
--G. Weinlander
The Affliction . .
To Prof. Duey:
yOU say our athletes are soft.
One thing do I have to say,
M's mighty men may get hurt
While battling on the turf.'
And the past has seen athletes
greater and'stro ger
(Although between the two of
us, I think you're the wrong
er). -
Yet how many of the 101,001 of
us each Saturday in the Sta-
dium seated
Have the speed, strength, guts,
or, oh yes, stamina
To be so physically afflicted.
-Ken Vaitkus, '65
Disclaimer .,
-To the Editor:
'THANKS to the combined efforts
i of the Women's League, the
Panhellenic Association, Assembly
Association, the Women's Athletic

Association, et al., there exists
an insidious little volume entitled
Women's Roles and Rules which
is apparently for the constant and
conscientious perusal of all under-
graduate women on campus. (Is
there any significance to the [in-
finity] symbol on the cover next
to the word "Rules"?)
Much to my personal chagrin,
it has been called to my attention
that I am listed on the title page
as a "Contributing Photographer."
I would like to emphatically dis-
claim any and all repsonsibility
for the contents of this booklet
other than for my pictures, and
wish to dissociate myself from
any mistakenly implied notions
that I had anything to do with
the booklet's initiation and/or
Is it too much to ask of the




Education by Time Clock

'HE PRIDE of the University language de-
partments is located at 1415 Mason Hall.
nidst the labrynth of tapes, phones and
oths at the language lab, there exists in
e unobstructive niche a mechanized mon-
r which records for posterity (and the
,chers) the amount of time their fledgings
ve been spending there.
[t is strongly "recommended" in most lan-
age classes that the students spend at least
o hours a week at the lab. Sometimes this
iggestion" is extended into a partial deter-
nant of the grade. The most feasible way
r the teachers to keep track of the students'
urs at the labs Is to have them punch in
d punch out on. a time card, which is con-
aiently filed there in wooden racks and,

absolutely no call to regulate study habits. It
is certainly its prerogative to give tests and
required exercises which use materials and in-
struction found only in the lab, but it is absurd
for them to dictate exactly how much time
students must spend to obtain and absorb
the material.
Criteria for grading should include test
results and class contributions, but grades
should not be based at all on a mundane snd
petty standard. "Two hours or more a week"
will not ensure a satisfactory learning pros
any more than x hours spent working on a
paper will mean it is well-written. A more
natural relationship would be one in which the
student spends as much or as little time at the
lab as he considers sufficient for an integrated

r U

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