f Seventy-Second Year EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN ~ _ UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS "Where Opinions AreFree STUDENT PUBLICATIONS BLDG. * ANN ARBOR, MICH. * Phone NO 2-3241 tTruth Will Prevail" Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This 'ust be noted in all reprints. OSA IN TRANSITION: InudiciUaries Without ,Justice 'HURSDAY, JANUARY 18, 1962 NIGHT EDITOR: JUDITH OPPENHEIM Women's Apartment Pers-: rronal Rainl OCCASIONALLY some harsh-judging indi- vidual looking into the records of the wo- mren's organizations on campus will say that they are without purpose, generally inactive, and have little hope of accomplishing any- thing. However, the recent passage by Assembly, Panhellenic, the League, and Women's Judi- ciary of a proposal to grant senior women automatic apartment permission is enough to make even the most passionate opponent of the women's organizations think twice before cri- ticizing them. on these grounds. Having thought twice, it is evident that the idea behind the recommendation is a fine one, and deserves a few quiet cheers. The organiza- tions did indeed have a purpose, and were active. Hope glows in every paragraph of the proposal. Unfortunately, the rationale which is used to back up the proposal detracts from its effectiveness, indicating a spirit of com- promise which should not have been necessary. THE RATIONALE follows the usual line. The University has an obligation not only for the intellectual preparation of its students, but also for their emotional and social adjustment. The residence halls are the place at which such adjustment takes place.' The proposal asserts that in a dormitory a women learns to have "a respect, and tolerance for, and hopefully, even an under- standing of the other individuals with whom she must interact in society." The woman also learns to live graciously (through sit-down meals and the generally warm atmosphere of the residence hall), to get along with her next door neighbor, and, in general, to be a socially acceptable person, happy with her surroundings, satisfied with life, and able to cope with any disaster from sinking ship to panty raid. In addition to all this, the dormitory gives the young lady valuable training in being a leader. "It (the dormitory) hence prepares her to lead and serve this society of the living unit . . .'" the recommendation states. No one has asked the woman if she wants to serve the society of the group-probably no one will ever , ask her to serve-but in case the occasion should arise, she is trained. The proposal indicates that "the under- graduate women of the University have proven themselves to be receptive to and responsible to these institutions. In a deliberate and con- structive manner they have attempted to criticize them in hopes of improving them now and later for students yet to be a part of the University." WOMEN AT THE UNIVERSITY' have little choice in the matter of living in a resi- dence hall. The only other places where a woman may legally reside are sorority or League houses or in a co-op. But space is Internal Chage TONIGHT Interfraternity Council's new rush plan faces the last obstacle to its imple- mentation next fall-the Fraternity Presidents Assembly. The fruition of sixteen months of work will either be realized or denied by FPA. ' The fraternity presidents should do some serious thinking before they vote, for this is a very important measure. Specifically, it guar- antees to increase the number of rushees per house and the number of houses per rushee. Both will feel the benefits. of this move. Small houses which are not centrally locate are offered the prospect of more pledges; ruhees are forced to increase their knowledge of the system before they make a binding decision. 'HIS PLAN also presents certain problerins. The ban on early bidding will greatly disturb houses who have used this tactic suc- cessfully for many years. Also, the new sched- ule substantially increases the amount of time demanded of both affiliates and rushees. Stu- dies are dangerously ignored under the present rush system, and the increased demands may prove unworkable. Nevertheless, this plan deserves a, charce. A new rush policy is long overdue, and the IFC Executive Committee deserves commendation for its responsible attitude in seeking .suh a policy. IFC recognizes the need for change. rFC realizes that if improvement efforts are not made from within, they will be made from without. The campus will be watching to see if the individual fraternity presidents are equally aware of the importance of the new rush plan. --H. NEIL BERKSON Editorial Staff JOHN ROBERTS, Editor PHILIP SHERMAN N FAITH WEINSTEIN City Editor Editorial Director limited, and so many women who have no desire to live in a residence hall are forced to live there. Such women may at first attempt to criticize the system, but usually are ignored by resi- dence hall personnel and eventually cease to care about the situation in the dorms. But in the image of the residence hall wo- man as seen by the writers of the recommenda- tion, she is tolerant, has some respect, and perhaps even understanding, of others. She is a leader. She is a woman with clean finger- nails, who can look life in the face and not wince. The University, through the miracle of sun-lit corridors, house meetings, and nu- tritious food has succeeded in changing a girl into a woman, ready to take her place in the dormitory, the University, or, if needs be, the world. Group living benefits (even as numerous as these) do have a limit. "When this limit comes, the woman may need to be alone-alone in order to -prepare herself to be with others- alone in order to take an objective view of the needs around her and a subjective and intro- spective view of herself so as to determine how best she can serve those needs," the proposal reveals. THE YEARS spent in the dormitory are supposed to train women to live in society. Since the woman must leave this society to learn what her place in the world is, there is obviously a dichotomy between the world of the dormitory and that which is outside. If this is the case then adjusting to the dormitory in the first place is useless. There is no reason for anyone to change in 'any way for the sake of getting along in a society in which she will live a maximum of four years. The recommendation says that when a wo- man becomes contemplative, the arrangement of group living no longer provides the "climate necessary" for her to learn who she is. It asserts that the women of the University believe that the necessary climate may be found in a private apartment. The recom- mendation requests that automatic apartment permission be granted to any woman who "shall have attained senior status." NO ONE -CAN DENY the 'fact that at some time in her life, a woman must look at the world. But the argument that a certain num- ber of credit hours make a woman need to contemplate or need to be alone more than one with fewer credit hours is indefensible. Why junior or sophomore women are thought incapable of serious contemplation or without need for living alone is not mentioned. When does one change from a girl, who needs the guidance and experience of a residence hall, to a woman, meditative and in need of dis- covery of self, is not mentioned. There is no rationale which could have been used. Women who become seniors (hence con- templative) at mid-semesters would not be allowed to break their residence hall contracts in spite of sudden maturity. This would seem to indicate a certain definite concern over the welfare and growth of, the residence hall rather than the welfare and growth of the individual. The recommendation infers that the "social education" (for all University students) takes place in the residence hall. This is stressed repeatedly throughout the proposal. If so, then why are men considered socially acceptable and emotionally mature after one year in the quadrangles? It is not for the University to decide when a woman is prepared to leave the dormitory. At present, the only official judge of a woman's maturity is the word of her housemother-and even the most conscientious housemother in the world cannot pry open a student's mind and see if she is ready to be on her own. Only the girl and her parents are capable of know- ing how introspective, how mature, and how ready she is to live outside the dormitory. There are unquestionably a number of wo- men presently living in the dormitories who resent being forced to live there. The recom- mendation itself states that only when an individual is aware of the "obligations to be receptive to" the residence hall can it be useful "to his growing and maturing process." Dormitory life offers nothing but an unpleasant part of the college experience for these women. If they are sophomores, or if they are going to be juniors in February, they will not be able to leave the dormitory for at least a year. If the University rejects the recommendation, they will probably continue to 'live in the dormitories until graduation. THE LEADERS of five women's organiza- tions met and conferred throughout the current semester to reach what they con- sidered the best possible decision for their proposal. They surveyed independents and af- filiates in an effort to understand the feelings of women on campus about dormitory and apartment living. It would appear that this survey either did not reach any women who wish to leave the dormitory before their senior year or simply By MICHAEL OLINICK Daily Staff Writer JUSTICE IS RARE on this cam- pus. The enforcement of regulations at the University shows the same inconsistency, chaos and lack of principle which characterize other segments of the Office of Student Affairs. About the only advice you can give someone who is contemplating violating a University rule, what he believes may be a University rule, or what he fears may become a University rule after he breaks it, is simple: don't get caught. STRUCTURALLY and theoreti- cally, the Committee on Student Conduct has the prime position in determining proper behavior of University students and enforcing regulations. "This committee," the Regents pontificate, "shall from time to time prescribe standards, principles and rules of conduct for students and student organiza- tions such as to promote the wel- fare of the student body and to protect the University from un- warranted criticism." The full committee has the power to set rules governing stu- dents in general, male students in general and male students in off- campus housing. The'Dean of Wo- men makes the rules which apply to women only. The committee's main problem seems to be scheduling meetings. They have the approximate fre- quency of Haley's comet. It's been 15 years since the last one. It has delegated its work to a three-professor Subcommittee on Student Discipline which reviews cases decided by Joint Judiciary Council and helps determine poli- cies like the rights of apartment dwellers to open their premises to visits from females. Subject to appeal to the Re- gents, disciplinary powers over stu- dents is also given to the Presi- dent, the collected faculties, in- dividual instructors and the deans of the separate colleges. In prac- tice, these agencies have delegated their power over to the Dean of Men or Dean of Women, or the Committee on Student Conduct, retaining and exercising control over matters of academic miscon- duct. * *; * WHEN A STUDENT gets into trouble, outside the classroom, chances are great that his case wil be heard initially by a student judicial board or a representative of the dean of men's or dean of women's office. There are nine varying types of student judiciaries, including Joint Judiciary Council, Interfraternity Council Executive Committee, fra- ternity house judiciaries, Inter- Quadrangle Council Judiciary, quadrangle judicial councils, quad- rangle house judiciaries, Women's Panel, Women's Judiciary Coun- cil and the women's house judi- ciaries. In general, a house judiciary's authority extends over the mem- bers of that individual house. Quadrangle judics arbitrate cases involving men from two or more houses, violations of quad-wide rules and it also may hear appeals from house judic findings. IQC ' judic performs a analogous role and its decisions can be appealed to Joint Judic. Parallel frameworks for women dot the judic spectrum, but there are notable-and jarring-excep- tions. JOINT JUDIC is not the appeal channel for Women's Judic nor is it for any other judicial body for women. The only instance in which a case involving women students will be heard by Joint Judic is when the Dean of Wo- men sends it there. Women's Panel, a unique judi- cial body composed of the dean of women, the chairman of Wo- men's Judic and the ranking wo- man on Joint Judic, determines what body will handle cases in- volving women. Generally, inci- dents with moral implications or "second offenders" are heard by Women's Panel. The Dean of Wo- men handles cases when there is no violation of an explicit regu- lation. Women are referred to Joint Judic in some cases where both men and women are involved (both use false ID to obtain al- coholic beverages). Few cases involving women alone are sent to Joint Judic because there are few. Most of their mis- demeanors are usually very minor things handled at the house Judic level or serious moral cases handl- ed by Women's Panel. Older male students and those involved in "morals" violations are handled through the Dean of Men's office. Student judiciaries don't receive cases where the psy- chological balance of the offender is in doubt. - * * * THE PRACTICES the varying judicial bodies use are not always consistent with each other, but have several irregularities in com- mon: The defendant has not right to defense counsel. .He may not call witnesses on his own behalf. In only one case (IQC judic), does he have the option of a pub- lic trial. He will not learn the name of his accuser unless he specifically requests it. He will not have the opportunity to confront his accuser. He has no guarantee that the nature of his offense and the type and severity of the imposed pen- alty will have any rational rela- tionship between them. He will be presumed guilty. He may not be informed of the regulations he has disobeyed until 'tle time the verdict is rendered and the punishment prescribed. afis prosecutor will attend the deliberation process. NO CIVIL COURT could allow such practices and still abide by the Constitution of the United States. There is also a little matter of a policy long adopted as cen- tral to American legal philosophy: "Equal Justice for All." The defendent's age, class standing, sex, nation of citizen- ship and prominence in extra- curricular campus affairs all have a large part in determining the harshness of the penalties levied against him. If a student organ- ization is the offender, the rela- tive richness of its coffers help fix the fine. Joint Judic, for example, has divergent policies in its treatment of cases involving illegal connec- tion with alcoholic beverages. Graduate students and those over 21 years of age are let by with warnings and light fines. Under- graduates, however, draw much stiffer fines and social probations. Among the undergraduates, sen- iors and juniors are treated more lightly than freshmen and sopho- mores. IN CONSIDERING cases involv- ing the starting fullback of the football team or the president of the Michigan Union, the judicial bodies will treat these people as differently than less reknowned campus figures. This is due to a feeling that the regulations and their enforcement derive from a desire not to injure the public image of the University. The publicity (and alumni cat- calls) that would follow the sus- pension of a star athlete from the University for his role in a panty raid would not occur in the case of a "normal" student and this is taken into consideration. It is a well known and often exploited fact that the regula- tion enforcement officials (In- vestigator Swoverland and the boys) rarely disturb the beer and scotch drinking forays of the BMOC's. When 'Swovie" does strike, sans warrant, the apro- priate dean has often telephoned a warning to the party before hand. As one sacrosanct student group puts it: "Prexy Angell promised us, To help us out of any fuss." * * * THEN THERE'S the old gadfly of "double jeopardy," which might be better termed "The Town and Gown Merry-Go-Round." If you're drunk and disorderly on the street by 815 South University, you're liable to be arrested by the local police and tried in city court. When you pay your fine there, you skip over to the SAB and pay another fine to Joint Judic. The explanation? Your first punishment for drunk and dis- orderly behavior. The second de- rived from, your display of "con- duct unbecoming a student," that ambigious catchall phrase that allows the student judiciary to break another constitutional re- striction: ex-post facto legislation. If the grounds for a legal con- viction are weak, and the Univer- sity feels a student might be ac- quitted in court (where he has some right) it wil shove him mercilessly toward the judiciaries. The students on the judicial bodies have shown remarkably little sympathy for the student in trouble and exact penalties at least as severe as those handed out by members of the administration. HOW DO the Judic members react to charges that they freely and smilingly deny basic legal rights in their practices? The standard answer is a quick refer- ence to the judical body's formal title which always contains the word "Council." The student justices see them- selves as peer counselors for their weaker colleagues who have drift- ed into the Land of the Quaffed Beer, the Stolen, Rapturous Mo- ment of the Panty Raid,, the Clutches of Sin. Since they do not consider themselves a court, it seems silly to adopt the rules and restraint of the courtroom. If the judiciary councils exist to aid and counsel students, the little counseling and great number of punishments they deal out are a little hard to reconcile. The "coun- selors" do themselves and the counselees a great disservice by not gathering all the relevant facts that witnesses could bring in. * * * THE PHILOSOPHY, practice and structure of campus enforce- ment agencies 'must be remolded. An Office of Student Conduct under the Vice-President for Stu- dent Affairs should handle all cases on non-academic regula- tions. This office would receive reports of violations and adminis- ter them to the proper judicial agencies. The Office of Discipline would be the administrative agent of an All Students' Judiciary Council elected from the campus at large. Under it would be sepa- rate judics for the residence halls, affiliate housing and independent housing, and automobile regula- tions.. Cases involving illegal use of alcohol would be handled by the local authorities. Separate quad and house judics would handle cases of violation of living unit rules at the proper levels. Appeal would be carried through the higher stages to the all students' judic and then to the Regents. The, All Students' Judic would function as an appeal board and differently than less renowned would be no rules governing stu- dent conduct outside the class- room with the execption of auto- mobile regulations and rules set up in each housing unit. * * * THE KANGAROO COURT has existed too long at the University; the ideals put forth in the class- room must be matched by the exercise of individual rights out- side it. The present situation is a mud- dled and autocratic one, suscep- tible to control by a few strong administrators. The rules governing one stu- dent's relations with another have little legitimacy if they are set and adjucated by non-student agencies. There will be no justice until the judicial bodies are independent, impartial and committed to a fair disposition of cases, securing Con- stitutional guarantees for the stu- dents involved. EUROPEAN DATELINE: Germany: The Cabinet. Crisis' (EDITOR'S NOTE: This is the second of two articles on the re- cent German elections.) By GLORIA BOWLES Daily Correspondent BERLIN-As is the case in most parliamentary elections, post- election activity here is almost more important and interesting than the campaign itself. Two days after the Sunday elec- tions, with coalition alliances un- certain, each party maneuvered to reap its share of the bounty. Ade- nauer took full advantage of his pivotal position as party leader and German Chancellor, as he de- clared he wanted a free hand in forming a government. Brandt called for a three-party coalition. But it was the Free Democratic Party-with the capture, of 66 seats-which found itself in the middle of the great power struggle. The FDP's every move was closely watched. Soon, FDP leader Erich Mende made a forceful, seemingly unequivocal announcement. The Party would not accept Adenauer's leadership in a coalition govern- ment. Economics minister Ludwig Erhard was their choice. * * * , THIS WAS ONLY the beginning of the wranglings, and negotia- tions, and talks which were to produce the first German cabinet crisis since 1949, a crisis which lasted two months during a try- ing period inaGerman foreign af- fairs. German news analysts, three days after the election (when a prolonged deadlock seemed cer- tain) predicted that the FDP might have to accept Adenauer's chancellory leadership, if only to provide continuity of policy mak- ing in the foreign affairs field, so important at this moment with the crisis-and perhaps a Third World War-brewing in Berlin. Such a gap, said observers, might have drastic results. But as disagreement between parties wid- ened, and with no accord in sight, the feared gap became reality. * *-* WITH THE FDP's unequivocal announcement, many Germans saw the beginning of the end for Adenauer. Finding himself in a do-or-die position, his political career at stake, the tenacious old chancellor fought back, and did what no one expected, did what most observers called "the last re- sort, the last thing Adenauer could have done." The conservative lead- er, still insisting on a free, un- pressured hand in forming a gov- ernment, announced he would agree to a coalition with the Socialists. And he began talks with that party. Unfortunately for Adenauer's opponents, his fellow party leaders remained loyal throughout the cabinet crisis. The leader of the CSU, or Bavarian segment of the CDU, Strauss, took the most inde- pendent stand. He called for Ade- nauer's resumption of power, but with the qualification that he step down after a.year in office. Later, Strauss held talks with the FDP. Both moves were made of course, with the long-range goal of a chancellorship for himself. Much to the disappointment of the FDP, Ludwig Erhard, who Mende had designated as his party's choice for chancellor, stood behind Adenauer. The Erhard dec- laration was a turning point, an event which considerably dashed the hopes of the FDP to unseat Adenauer. * * * BY THE END of September, in early and middle October, with the coalition talks dragging on and the dangrs of the Berlin crisis looming in the background, Ger- mans grew weary and impatient with the stalemate. They could see no solution in sight. Finally, seeing themselves in a hopeless position with no CDU support for an Erhard govern- ment, and not wishing to outplay the political cards andttherefore lose the initiative, the FDP made the first conciliatory announce-, ment of the post-election wran- gling: it would drop its opposition to Adenauer. At the same time, however, Mende demanded a con- cession on the part of the CDU. He asked that Adenauer sign an agreement not to fill out the full four year term if hie were elected. THE PARTY "passed the buck" to Adenauer; the spotlight fell on the aging chancellor. Adenauer could be responsible for a resolu- tion of the cabinet crisis or its in- definite prolongment. The announcement impatient Germans had been awaiting came in early November. Bowing to the pressure of the FDP, Adenauer an- nounced he would not fill out a four-year term if elected by the Bundestag. Formal coalition talks with the FDP began. With the major prob- lem solvd - the selection of a chancellor-there still remained Disgusted Germans saw another cabinet crisis in the making and thought that now the parties would find further excuses to delay foi- mation of a government. But, after several days of political fireworks and exchange of insults, Brentano resigned angrily. There remained the formality of Adenauer's elec- tion by the Bundestag, although it was by a very small majority. * * * THERE WERE several new as- pects to German politics emerging from the 1961 elections. First, Germany, still experi- menting with democracy, experi- enced its first cabinet crisis. It was a hard lesson in parliamentary government for the Germans, but a good one. There are many who deny that the Germans, with their heritage of Bismarcks and Hitlers, can make democracy work. It is prob- ably true, as one German told me, that Germany is not yet the "right" democracy, that there are some who do not accept the re- gime or who do not understand the new government form. The suc- cessful resolution of the cabinet 'crisis, though it came slowly, is a mark on the credit side of the ledger for German democracy and its progress. Second, from the elections also emerged many new faces and many new political leaders. One need no longer fear that democ- racy in Germany can last only as long as Adenauer. Third, one also sees a new party trend. All but three parties have been taken from the political scene. As for the CDU, it may be even stronger when Adenauer steps down. At any rate, the CDU now and for the near future holds a monopoly on political power. The Socialists are still the minority party, but they are making gains, and one can hope that they will be able to give the CDU some real opposition in the coming years. The FDP's future role is harder to predict; it is safe to say that Ger- many will continue to support a three-party -system for some time to come. With the cabinet crisis resolved, with the domestic situation re- turned to relative calm, Mayor Willy Brandt can devote himself to Berlin. Konrad Adenauer and his new partner, the FDP, can turn to pressing world problems, above all the question of Berlin with all its international ramifications. LETTERS to the EDITOR News . . To the Editor: THE EDITORS of The Daily have a puzzling sense of the degrees of newsworthiness for a college newspaper. In your issue of January 14th, a report on some sort of new face mask for foot- ball players occupied a full one- eiayhth of the front nacre while d f "We've Still Goy-A Little Cutting And Splicing To Do"