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NDAY, MARCH 31, 1963 NIdHT EDITOR: ELLEN SILVERMAN
Should the Proposed
Constitution Pass-?
Regents Election:
An Important, Choice
TOMORROW'S Regental choice is probably
the most important election decision effect-
ing the University community.
The proposed constitution may pass, or a
Democrat may be elected mayor of Ann Arbor
-things which may remotely affect the lives
of the 24,500 students, and a little more
directly the lives of the 10,000 University staff
members. But the election of two Regents has
direct bearing on the entire University.
There are six candidates to choose from:
two are incumbents, two have made a public
appearance on campus and two admit they
have no chance of winning. Even narrowing
the field down to four possibilities, voting-
students and parents of University students
have little idea of what to look for in a
Regent or even what the candidates' views are.
A SLIM 10,000 votes may spell the difference
between which candidate is elected and
which is not. In the last Regental election in
1961 one candidate was defeated by a margin
of 9,000 votes.
The problem is that the public doesn't really
know for whom to vote. Perhaps they simply
follow party line. Perhaps, if they favor the
new constitution, they wil support the Regental
candidates who back the new document. Per-
haps, they vote for incumbents who would
have a more intimate knowledge of the Uni-
versity. Perhaps, they vote by where the can-
didate lives or whether he is a University;
graduate.
This year, however, the public is pretty
lucky. The candidates have run a fairly vig-
orous campaign. Even so, how many people
know candidates' views of the University or
thdir philosophy of what makes a good Regent?
TWO OF the candidates have taken very few
stands on questions specifically concerning
the University. They have rested their cam-
paign on a vigorous support for the adoption
of the new constitution. But is the adoption of
the new document central to the functioning
of the University?
Another candidate has taken the position
that a Regental candidate's stand on the new
constitution should have no effect on whether
he is a good Regent.
An ideal Regental candidate would take a
definite stand on the document but would not
rest his campaign on this stand. The public
must know what the candidate thinks of such
important sections of the constitution as the
education article and the taxing provisions--
these areas definitely have specific applicability
to the University. However, the passage of the
new constitution as a whole is certainly not
going to make or break the University.
The public should note the candidates' stands
on the constitution, but should be more con-
cerned with their views on subjects of more
intimate concern to the University.
WHAT ARE some of these areas of concern?
The voters should be cognizant of how the
candidate plans to prepare the University for
the enrollment boom; how he relates co-
ordination to expansion of facilities; what type
of a "master-plan," if any, would be useful
UNDERSCORE:
to the institutions of higher learning; what his
conception of the role of Regent is, how much
he values academic freedom; how he plans
to finance University education; and how much
importance he places on high faculty salaries.
In this election the candidates have not
taken firm stands on some of these issues,
either because they feared sticking their necks
out or because they lacked sufficient informa-
tion about the University to take an educated
position.
The public is left with the difficult job of
trying to figure out which two of the four
major candidates has the most potential for
guiding the University, since the platform
statements have not been clearly indicative
of the candidates' qualifications.
It would seem to be important to elect
Regents who have an adequate knowledge of
the University's programs and objectives-men
who have taken a consistent interest in the
University.
THE UNIVERSITY and the state would bene-
fit most from Regents who are willing to
question the status-quo-ones who are not sat-
isfied with the high tuition rate and would work
towards lowering the price-tag on education
without selling-out the University's quality.
Regents must be concerned with attaining
high faculty salaries to maintain the present
faculty and lure quality instructors to the
University. Only two of the candidates ex-
pressed real interest in maintaining the qual-
ity of the University through high salary rates.
The public should look for Regental candi-
dates who understand the value of coordina-
tion, but who will guard against its imposition
by alien agencies. They must realize that any
so-called "master-plan" for education in the
state must be flexible and must recognize the
different capabilities of the various state edu-
cational institutions. A Regent must be willing
to cooperate with the new State Board of Edu-
cation if it passes, but must be wary of its
powers.
A Regent must not think that coordination
of the facilities is the cure-all of the educa-
tional crisis. Orderly expansion of plan facili-
ties, coupled with coordination, is the only way
to meet the growing demands.
VOTERS SHOULD BACK candidates who are
willing to allow student participation in
academic and student affairs policy-making.
The University is a place for students to learn
to govern their lives. Thus, a good Regent
would allow latitude for student participation
in policy-making. Several of the candidates in-
dicated a willingness to look into this matter.
The public should elect Regents whose lead-
ership they will respect. Conversely, Regents
should consider their role as primarily one of
leadership rather than mere responsiveness to
their constituency. A couple of the candidates
have taken the opposite position. However, it
is imperative that a Regent be one of the pri-
mary defenders of academic freedom.
Interest, experience, knowledge and open-
mindedness must mark a University Regent.
Hopefully, the public will choose the best two
candidates.
-GAIL EVANS
Document
A Decided
Improvement1
By GERALD STORCH
THE NEW constitution should be
endorsed tomorrow.
In many respects, it is a far-
reaching and visionary document
which should help to solve the
problems of Michigan government.
It introduces some sanity into
the executive branch by reducing
the number of agencies from 120-
20; it strengthens the legislative
branch by establishing a more
equitable system of apportionment
and giving four-year terms for
senators; it improves the adminis-
tration of justice by means of a
uniform court system and a court
of appeals to relieve an over-
burdened state supreme court.
r * "
THERE ARE many other im-
provements, as both sides will
agree. Unfortunately, however,
there are also some potentially
very serious steps backward.
Through vague and incompetent
wording, the growth of higher edu-
cation would be snarled as no one
presently quite knows whether the
state board of education or the
individual institutions would have
the final say on the means of uni-
versity expansion.
The proposed constitution also
limits financial flexibility by pro-
hibition of a graduated income
tax and a requirement that the
state cut appropriations if it turns
out that revenues were not as high
as expected.
A third drawback is the mud-
dling of executive lines of author-
ity by setting up functional boards
(in education and highways) in-
stead of having individual admin-
istrators responsible to the gover-
nor.
s*a*a
HARMFUL as these provisions
are on paper, however, things may
well work out better in practice.
For example, Michigan's univer-
sities, despite many incidents of
meddling by the Legislature, have
a long tradition of autonomy
which the proposed state board
would have to take heed of before
instituting some "super-plan" of
expansion.
Similarly, the financial clause
can be side-stepped by a flat-rate
income tax with heavy exemptions
for lower income groups; granting
the governor a four-year term
would give him time enough to
establish informal lines of power
to pierce the boards and agencies.
His authority would also be in-
creased by an item veto on ap-
propriations bills.
In bringing up other supposed
calamaties in the document, state
Democrats have been quite in-
consistent and myopic. For ex-
ample, they attack the apportion-
ment provisions for perpetuating
a mal-districted Senate.
* * *
THE FACT IS that a big Im-
provement has been made. Demo-
cratic and moderate Republican
representation would be increased
as urban areas would have 18 of
the 38 seats, compared to 12 of
the 34 seats in the present cham-
ber's makeup.
Given the political realities of
this state, the Senate provision is
the best that can be expected.
(The House is also better appor-
tioned, but the Democrats avoid
mentioning this point, too.)
Opponents of the new document
contend that executive agencies
could be sabotaged by a clause
allowing a joint legislative com-
mittee to suspend regulations set
down by these agencies between
legislative sessions.
This is a reasonable provision
which discourages executive boards
from establishing what could be,
in the legislators' opinion, tyran-
nical and unfair rulings. The
clause does not give the Legisla-
ture any powers summarily to re-
strict agency rulings while the
chambers are in session.
* * *
THE DEMOCRATS reach the
height of absurdity when they urge
defeat of the new document,
promising to resubmit afterward
the provisions having bi-partisan
support as amendments to the
present constitution.
The articles most heavily de-
bated have been on apportionment,
the revisions of the executive
branch positions, financial pro-
visions and several civil rights
clauses.
These are obviously among the
most important issues of the pro-
posed document. So what the
Democrats really are proposing is
that constitutional reform be done
only on the articles less vital to
the operation of Michigan's gov-
ernment.
And while the Democrats take
delight in trying to make a "yes"
vote appear intellectual treason, it
should be pointed out in reply that
University political scientists and
other intellectuals were utilized
extensively by the Constitutional
Convention as research personnel.
In addition, more than a few
Democrats, including professors,
have publicly stated that they'll
Con-Con Botched It,
Let's Try Again
Can't Have Good Without Bad
By MICHAEL HARRAH
City Editor
IT IS INDEED regrettable that
144 intelligent men and women
wereunable toframe a good con-
stitution for the State of Michi-
gan, given the time and money at
their disposal last year.
For nine months in the season
of 1962-63, the Constitutional Con-
vention puttered about attempting
to improve upon a 55-year-old
document which, while not perfect,
was quite serviceable. However, its
critics assailed it as "rusty, musty.
dusty" and "a crazy patchwork
quilt," and nothing would do until
they had succeeded in calling a
costly constitutional convention to
overhaul it.
For this phenomenon the state
spared no expense or spectacle.
Often the convention was a politi-
cal showcase, and money poured
into its operating coffers like water
from an artesian well.
* *.*
BUT THE RESULT was disap-
pointing; the end product was not
the sleek, smooth document the
voters had been expecting. Ratl)er
it turned out to be little more
than another "patchwork" itself,
characterized by a lot of odd ideas
slung together.
True, in some area it improved
upon the existing document, but
in too many other areas it just
destroyed or mutilated a perfectly
good institution of the state.
The proposed constitution offers
several improvements. Its tighter
election laws, four-year terms for
the governor and administrative
officers and appointment of the
auditor general by the state Legis-
lature are excellent steps forward.
The ceiling on the number of state
agencies at 20, the establishment
of an intermediate appellate court
and the provision for interim ap-
pointments of retired judges are
much needed.
'YOJIMBO':
Eastern
Western
"YOJIMBO" puts "Have Gun
Will Travel" to shame. Here's
a town where men are sliced to
pieces instead of neatly shot. A
dog carries a man's hand in his
mouth; a man loses his arm with
a flick of the wrist; a whole vil-
lage is almost destroyed. Two feud-
ing badmen, Seibei and Ushi Tora,
And unlike the usual bland west-
ern, there aren't any good guys, or
bad guys. Everyone seems to en-
joy the swordplay, except for a
few who keep inside.
Into this scene of dust and blood
comes a questionable hero-San-
juro, a samurai with the skill to
kill three men with a few swoops
of the blade. He has come upon
the perfect place to make a living
and Sanjuro, it first appears, is
willing to be a hired sword, or (as
the sake seller calls him) a "yo-
jimbo" (bodyguard).
But what hired gun would with-
draw from the fight just when it's
about to begin? This Sanjuro does,
leaving the two groups to destroy
themselves. Apparently, Sanjuro
plans to have the violents destroy
each other, leaving the town in
peace. Unfortunately, an official
arrives and the battle is postponed.
To make the future battles even
more interesting however, Nosuke,
Ushi Tora's younger brother has
returned home with a revolver.
* * *
DESPITE THE GUN, Sanjuro's
skill is still in demand, but he
doesn't join either side until one
of Ushi Tora's men takes a young
bride as his mistress. Sanjuro, to
save her, joins Ushi Tora. Sanjuro
now appears to be a knight in
shining armor. But is he?
One of the most interesting fo-
cuses of the film is on Sanjuro
and what he represents. Unlike
most western heroes, Sanjuro is
bloodthirsty.
Unfortunately, the drawbacks
to the new document are so
great as to nullify the good effect
it might have had.
Outstandingly poor among the
various clauses is the education
provision, which creates an om-
niscient super "board of educa-
tion" and then turns right around
and sets up three sepaate, and
supposedly independent, govern-
ing boards for the University,
Michigan State University and
Wayne State University.
The infighting which would re-
sult between these three boards
and the superboard is obvious.
With the superboard charged with
"general planning and coordinat-
ing," it seems apparent the three
provincial governing boards will
not care to be "planned and co-
ordinated."
What's more, the superboard
"must advise the Legislature as to
financial requirements" for the
state's education system. This flies
in the face of the three universities
not under the superboard, as they
will be subjected to the whims of
that board. If the superboard is
to advise the Legislature concern-
ing all educational finances, the
Regents' own words on the subject
will be not nearly so effective,
and the economy-minded Legisla-
ture will obviously play one board
off against the other and take the
route of least expensive. Too often
this route is penny wise and pound
foolish.
* * *
EQUALLY MUDDLED is the ad-
ministrative mess loosely described
as a highway commission. Com-
prised of four members, who will
appoint an errand boy called the
highway commissioner; the ar-
rangement invites chaos. High-
ways are a constant source of con-
troversy, and it seems inconceiv-
able that any four people could
agree on a really effective high-
way program. To make matters
worse, the commission has to be
bi-partisan, which in Michigan
is just inviting trouble. The pros-
pects are for a partisan deadlock
producing little more than charges
and countercharges, but no roads.
Apportionment of the Legisla-
ture presents still another sore
spot. Ideally, the lower House
should be apportioned strictly ac-
cording to population, and the up-
per house should be divided solely
by area with only a minimum pop-
ulation base.
The proposed constitution makes
up the two houses from a confused
muddle of both.
a*.s
THEN TO TOP the whole mess
off, an apportionment commission
is established to take the func-
tion of apportionment from the
Legislature and vest it in the pre-
carious clutches of eight politically
appointed commissioners. Their
plan, no matter how insane, would
have the force of law. To make
matters worse, this commission is
appointed, not elected, so if the
electorate doesn't like the end re-
sult, it has effective recourse-
quite an undemocratic arrange-
ment at best.
In spite of the all important
provision for an -intermediate ap-
pellate court, the judicial section
is burdened down with a clause to
abolish the vital justice of the
peace system in favor of some
vague arrangement for "local
courts."
This will probably create chaos
in the outstate townships, which
depend so heavily upon the JP
courts to handle the traffic vio-
lations and other minor problems
that abount. To be sure, the JPs
must be reformed. But abolition
is not the solution. "Local courts"
could never be supported by the
tiny townships and villages which
utilize JPs, and this would force
centralization of the "local courts."
The result would be a large back-
log of minor cases, enc'imbered by
the slow mechanics of justice, and
a needless morass of litigation
would be perpetuated.
* *. *
THERE ARE numerous other
drawbacks including intrusions in
the name of eminent domain,
search and seizure and rights of
citizens to seek elective office, but
any one of the four major objec-
tions listed are sufficient to make
By PHILIP SUTIN
THE ADOPTION of the proposed
constitution tomorrow would
move Michigan sideways. While
making some advances, the docu-
ment sidesteps several major prob-
lems and heads the state back-
wards in other areas.
The major fault of this docu-
ment is that it gives the Legisla-
ture too much power, then reap-
portions it to keep at least one
house perpetually in the hands of
minority interests. Modern govern-
ment requires executive leadership
with a strong central administra-
tor answerable to the voter for
all the state's operations. The
present constitution hamstrings
this concept and the proposed
document, by giving the Legisla-
ture sweeping review powers, does
little to improve the condition.
THE MAIN WEAPON given the
Legislature is found in Article IV,
Sec. 37, allowing it to review ad-
ministrative ruling and to suspend
them while the Legislature is not
in session.
This power weakens the gov-
ernor's authority and the workings
of administrative agencies, espe-
cially if the governor and the
legislative majority are of opposite
parties. Administrative rules need
flexibility to meet constantly vary-
ing situations. They deal wih
matters that are often too flexible
and too specific to legislate. A
backward looking Legislature can
nullify the efforts of a state agency
to meet a serious problem, delay-
ing its solution many needless
years.
The Legislature is also left to
fill out the proposed constitution.
While this is good in some in-
stances, the procedure is bad in
the civil rights area where strong
provisions are needed to make the
civil rights section of the docu-
ment effective. A failure to provide
strong, definitive language almost
negates a section which contains
important advances.
* * *
A MALAPPORTIONMENT of
the Legislature has been the most
controversial failing of the docu-
ment. Under the 80-20 population-
area factors scheme, one person,
if he occupies 10 per cent of the
state's area could vote himself
into the Senate. Under the scheme
the current 30th Senatorial Dis-
trict-Menominee, Delta, Alger,
Schoolcraft, Mackinaw, Luce and
Chippewa Counties-accrues 13.72
area factors maintaining a senator
while having only 1.65 per cent of
the state's population. Oakland
County, on the other hand, has
8.82 per cent of the population
and also receives one senator. This
inequity, which will grow as the
rural areas empty and suburban
areas mushroom, could not be
corrected by reapportionment. The
spread is too great.
The principle of "one man, one
vote" tentatively imposed by the
Michigan Supreme Court Scholle
vs. Hare decision was recently en-
dorced by the United States Su-
preme Court in the Georgia county
unit system case. This casts serious
doubts on the validity of the Con-
Con apportionment scheme.
Further, the partisan, district
eight-man apportionment com-
mission places partisan politics in
apportionment-a job best left to
population measuring experts. The
commission is as badly apportioned
as the Legislature, with 25 per
cent of the members representing
71 per cent of the population.
THE NEW DOCUMENT also
fails to meet squarely the state's
major problem - inadequate fi-
nancing for governmental services.
It maintains the 15 mill property
tax limitation, making local gov-
ernment financing difficult. On
the state level it retains earmark-
ed funds and prohibits a graduat-
ed income tax-the fairest way of
raising new revenue. While the
borrowing limit has been increased
to 15 per cent of unearmarked
funds, the state must repay it
within the same year, creating
encumbering difficulties and rob-
bing the state of needed financial
flexibility.
Nor does the proposed constitu-
tion recognize, the problems of
metropolitan areas. The old court
house crowds are maintained by
requiring a county sheriff, clerk,
treasurer, register of deeds, pros-
ecuting attorney and cumbersome
board of supervisors. All-urban
Wayne County does not need
them. These county officials dup-
licate services provided by the
various municipalities and their
presence inhibits regional metro-
politan government spreading over
many counties.
Metropolitan government is not
fostered by the new document
either. Although counties are al-
lowed to merge, there is no way
to abolish one in favor of regional
government without standard
county forms. The Legislature, not
the people in the area, have the
final say in determining the form
of metropolitan units. With a
rurally - apportioned Legislature,
this provision will hinder the
growth of necessary urban ser-
vices.
*. * *
THE PROPOSED constitution
strengthens the state's court sys-
tem by abolishing justices of the
peace, but weakens it by creating
an appeals court elected by dis-
tricts. This extends the state's
malapportionment to the judiciary
where it does not belong. Like the
supreme court, the appeals court
should be elected on a state-wide
non-partisan ballot. This makes
them reflective of popular senti-
ment, but maintains high quality
without parochial views.
It is not enough just to oppose
the proposed constitution. Further
action will be needed if the state
is to prosper. The current consti-
tution is archaic and cumbersome,
but its suggested successor does
little to improve the situation. In
extending legislative power, it ret-
rogresses.
So. the opponents of the propos-
ed constitution should form a per-
manent organization to suggest
systematically amendments to the
1908 document, a subject at a time.
This organization would utilize
Con-Con documents and the tal-
ents of the state's political scien-
tists to come up with specific re-
forms. A' long-term timetable of
issues will eliminate choas in the
initiative amendment process.
Opposition wil suffice for the
election, but future reform is
needed. Let us hope the job is not
botched again.
JUDICIAL CANDIDATES:
Party Blocs Hurt Court
T HE WORLD is
The individua
states-are seeking
which comes in nun
The theory of T
dividuals, in order
security and chanc
voluntarily surren
obsolute authority
leviathan, since it i
exists outside thef
subject to no limi
to insure that soci
to chaos where eac
other men for survi
THE WORLD to
individual levia
autonomous and re
than themselves in
nature which Hob
of all against all.
It appears as th
reduce the numberc
to achieve more sta
unities which cros
is a step in this dire
Even though th
never admit that'i
autonomy, the for
NATO, SEATO, th
States, the United,
tion of Malaysia, th
munity, and a pr
the Latin American
make the leaderso
ther' inidal in
Leviathan World Hope
in a period of consolidation. of the entire body-such as when President
l leviathans-the nation Charles de Gaulle of France, earlier this year,
the protection and security effectively blocked Britain's entry into the
nbers. EEC. This is why real authority must be given
Thomas Hobbes is that in- to those groups which override the national
r to achieve the maximum boundaries. They must have the power to
e for personal advancement, squelch capricious states-which, of course,
der their freedom to the is what those states fear.
of the leviathan. And the It's a real paradox. What the nations of the
s created by the individuals, world want is more security. They tried to get
framework of power and is it by being totally free and unconnected to
tations. Its responsibility is each other-this didn't work. Now they are
ety doesn't degenerate back going to try to find it in unity with others.
h man is pitted against all But they are afraid this will destroy security
val. if their union gets too strong.
The general world attitude towards the
day with the hundreds of United Nations is the best example of this.
thans who feel themselves All members think there is merit in the world
cognize no higher authority body and that its authority should extend over
ba senseis in the state of all the other members. But national ire is
)bes describes as the war raised when the UN authority comes in their
own direction.,
ough the world is acting too
of independent nation-states THERE CAN be no real peace or stability in
bility. The creation of larger the world until nations see that they must
ss national boundary lines unite themselves with other nations.
ction.
e concerned countries will The first step is in the formation of nations
it means a loss of national such as the planned Federation of Malaysia,
*mation of such groups as which will include under one flag: Malaya,
e Organization of American Singapore, and the British Borneo territories
Arab Republic, the Federa- of North Borneo, Brunei and Sarawak.
.e European Economic Coin- After the miniscule countries join at this
oposed trade block within first level, the final step is forming an organ-
a countries, cannot help but ization which would truly encompass the whole
of the countries aware that world.
ntersts will sometimes h f :nnoas fnthonih the nnly hnne nr the
BY WILLIAM BENOIT
TOMORROW'S voters will have
an opportunity to break a long-
standing deadlock in the Michigan
Supreme Court.
Two seats are up for grabs.
There are eight positions on the
court and in the past two years,
that body has contained four Re-
publicans and four Democrats,
even though justices are elected on
a nonpartisan ballot.
This split results in a number
of deadlocked decisions because,
although they are elected on a
nonpartisan ballot, the justices
usually vote in party blocs.
And in case of a deadlock the
final say goes to the next lower
judicial body, the circuit court.
As one Republican and one
Democrat leave t h e Supreme
Court tomorrow, if one justice
from each party is elected, the
effect will be that of giving the
circuit courts the powers of the
Supreme Court. Both parties must
capture both seats to hold a ma-
jority.
* * *
THE TWO Republican candi-
dates, chosen at the last GOP state
convention, are RichardG. Smith
of Bay City and Donald E. Hol-
brook of Clare.
Smith has a history of work in
Michigan's judicial system. He
1-_ _otxA ,nf ,e aM itivlr
circuit since 1947. 'Holbrook was
also Clare County prosecutor and
headed the Michigan Judges Asso-
ciation.
* * *
THE TWO Democratic candi-
dates, Paul L. Adams of Sault Ste.
Marie and Eugene F. Black of
Port Huron, both have previously
served on the Supreme Court.
Adams lost his seat last Novem-
ber to Michael D. O'Hara. A form-
er Sault Ste. Marie mayor, he has
served as state attorney general
and at one time was a Regent.
Eugene F. Black is a veteran in
Michigan politics. Elected attor-
ney general.on the GOP ticket in
1946, Black was also appointed
circuit judge for the 31st judicial
district in 1954 by Williams.
Black studied law at the Detroit
College of Law and later at the
University.
.Delusion
IF ITS DOMESTIC life can some-
how be modernized, Britain will
more easily find its proper place
in the world at large. The coun-
try must base its relationships with
others on reason and not on pow-
er or the illusion of power.
The attempt to retain an inde-
pendent nuclear deterrent, wheth-
er y naancof, inr,. chians. ,,