u j41Jr4 lan lig
Seventy-First Year
EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN
"Where Opinions Are Free UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS
Truth W-Prevail" STUDENT PUBLICATIONS BLDG. * ANN ARBOR, MICH. " Phone NO 2-3241
Editorials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in all reprints.
SUNDAY, MAY 7, 1961 NIGHT EDITOR: SUSAN FARRELL

MICHIGAN CONSTITUTION:
Guardian of a Great University?

The Virtues of Being
Second Best

WITH PUBLICITY that would well fit the
death of Elizabeth Taylor or perhaps even
the Second Coming, the United States, in its
most immature tradition, has sent up a man
into space. This puny being-who incidentally
is handsome, stable, "cool and slim,"-stayed
up their for fifteen minutes, uttered some
quite profound words and was instantly hailed.
as the "greatest thing since Charles Lindburg."
But look more closely fellow Americans-Frank
Lloyd Wright's bitter description of American
civilization-a monstrosity going from bar-
barism to decadence with no high point in
between-seems to stand out more firmly than
ever.

grate every other week, would i
humane to continue our experime
keys (or if weight is the facto
though they're not too handso
to forget how embarrassing it co
if the cover of next week's Life
picted a sobbing young widow
phaned children rather than
Americans.
IT HAS BEEN estimated that b
we will have spent a half a
on project Mercury-to accomp
which is now generally acknowle
little direct scientific value. L
ttireiranf tf '4a ifnna Tneifn i

Once again the Soviet Union has pulled us ph1a ntedr U he mal4 ni . .morepre
into ruthless "competition" dictating their own has noted the many more pre
terms.endeavors which might occupy
terms. He has pointed out that while"
We have responded well, like little children, is here to stay." is the cost ofs
to the sing song taunt which boasts--"My into space at this point really
Daddy can beat up your Daddy . . . "and eventual man in space is not
honestly believe that we've proven a point. should it have been attempt
nuclear, solid or other more e
ET NOW, two days after "history," just lants are still being developed.:
what was It that "he made"? Most obviously point out that the United Sta
the handsome young Marine Commander emu- solid achievements in the field+
lated a similar Russian event-a manned space -probably more significant tha
"flight." He made second best for a civilization culars" of our competitors in
which thinks in terms of streamlined electric "peaceful venture." It is these,
can openers, more powerful deodorants and long run, count.
solid military men with pretty wives and love- What we should be doing now
able children. He traveled 302 miles in 15 min- range planning-determining oi
utes, Maj. Yuri Gagarin did 4,500 in 108. Our tific" aims and separating ther
guy's capsule weighed 2,000 pounds, their guy's "ego bolstering." We must alsoc
was 10,414. Yet somehow, our man accomplished price we wish to advance-and
a "moral victory" while Russia's was purely we ought to.
"propagandic."
But what about the "scientific" value of AND PERHAPS as an aftertho
our space flight? Most people seem to have to recall something which w
forgotten that it was even supposed to have overlooked in our recent bacch
one. Before a House committee, Dr. Vannevar great German philosopher, Im
Bush, Chairman of the Board of Governors "Two things fill the mind withF
of M.I.T. called the whole affair "a stunt." He wonder and awe . . . the starry
went on to point out what many other scien- me and the moral law within
tists have emphasized-"The man can do no read about number one, whate
more than an instrument, in fact can do less." its partner upon which this na
And besides, at this crude stage when test be based?
rockets mysteriously malfunction and disinte- -ST
A Conservative Manifesto

it not be more
ents with mon-
r-gorillas, al-
me.) We seem
uld have been,
Magazine de-
and three or-
happy, heroic
by this autumn
billion dollars
lish something
dged as having
. A. DuBridgej
of Technology,
ssing scientific
our concern.
"the space age
sending a man
justifiable? An
contested-yet.
ed now, when
fficient propel-
These scientists
ates has made
of outer space
n the "specta-
this avowedly
which, in the
w is some long
ir real "scien-
m from frantic
decide at what
at what price
ught, we ought
we have largely
anals. For the
nmanuel Kant.
ever increasing
heavens above
me." We have
ever became of
ation is said to
EVEN SHAW

(EDITOR'S NOTE: This is the
first article in a two-part analysis
of the legal relationship between
the state Legislature and the Uni-
versity. The second section will
appear Tuesday.)
By MICHAEL OLINICK
Daily Staff Writer
A UNIVERSITY becomes great
through a singlemindedness of
its policy makers whose attention
can focus entirely upon that edu-
cational institution without disre-
gard to the diurnal shifts of politi-
cal climate. To maintain greatness
such leadership is always needed.
The University is a great insti-
tion.
The people of the state of Michi-
gan have long recognized the de-
sirability of keeping higher educa-
tion away from the overbearing
control of the Legislature. Provi-
sions for this have been written
in the state's constitution for well
over a hundred years. Court deci-
sions and other legal interpreta-
tions have more closely defined the
constitutional status of the Uni-
versity and each new definitionin-
creases the independence of its
Regents.
THE STATE CONSTITUTIONof
1908, which is currently in effect,
gives the Regents "the general
supervision of the University and
the direction and control of all
expenditures from the University
funds."
Similar provisions exist for
Michigan State Universityhand
Wayne State University, though
in the latter case the degree of
autonomy is not quite clear.
MAY FESTIVAL:
Copland
Vibrant
THE GLOOM of a rainy Ann
Arbor Saturday was lifted yes-
terday afternoon when the 3rd
May Festival Concert was played
in Hill Auditorium. The program
paid homage to Aaron Copland,
surely one of America's brightest
musical beacons.
Mr. Copland conducted his own
orchestration of the Piano Varia-
tions, an arrangement made for
the Louisville Orchestra in 1957,
some 27 years after its initial con-
ception. Of lean proportions, it
consists of 20 variations on a
short, C-sharp centered theme,
plus an extended coda, all of cum-
ulative emotional effect. It is a
vigorous, taut work, and received
a very vital performance.
A SUITE from Copland's opera
"The Tender Land" was also
played. This work was written in
1952-54 on commission from Rod-
gers and Hammerstein to com-
memmorate the 30th anniversary
of the American League of Com-
posers. It has not had too many
hearings, and Mr. Copland has
salvaged some of the musical high-
lights to form this suite.
The plot bears a superficial re-
semblance to William Inges' "Pic-
nic"-it deals with the coming to
maturity of a young girl on a mid-
western farm in the 1930's. The
suite reflects the alternating tur-
bulence and tranquility of these
years.
The suite consists of two large
sections: the first being a tran-
scription of the Introduction and
Love Duet from Act Three. A
Party Scene from Act Two leads
into the Quintet "The Promise of
Living," which concludes the First
Act, and is elongated in the or-
chestral version to conclude the
Suite.
The Philadelphia Orchestra is to
be highly commended for its tire-
less efforts in communicating Mr.
Copland'ssmusical and conducting
gestures; it was music-making
with a high degree of precision

and individual involvement. The
audience responded to this mar-
riage.
ANOTHER featured work was
the Brahms A Minor Concerto,
opus 120 with Anshel Brusilow,
violinist, and Lorne Munroe, vio-
loncellist, as soloists. These first-
desk men turned in an elegant
version of this composition. I have
never been convinced that this
work is of great interest, musi-
cally, and Saturday confirmed my
thoughts. The faul lies with
Brahms; the work pales beside his
other towering structures, most
of which pre-date it.
The concert was wrapped with
Philadelphia aperitifs, opening
with an electric version of Dmitri
Kabalevsky's Colas Breugnon
Overture, under the prudent lead-
ership of Wm. Smith, the orches-
tra's assistant conductor. In con-
clusion, all Philadelphians in-
dulged in the luxuriant orgy of
Ravel's 2nd Daphnis et Chloe
Suite.3
--Kenneth Roberts
Preparation
THE HEART of the problem is
that the earth dwellers, whether
they live in eastern or western
hemispheres, have not prepared
themselves' adequately for the

The particular legal interpreta-
tions which apply to this week's
attempt to limit out-of-state en-
rollment at the University are
found in several attorney general's
opinions and one rather important
court decision,
WHILE OPINIONS of the state
attorney general hold no absolute
legal power, they may greatly in-
fluence interpretation of the con-
stitution as he is the chief law

officer of the State and operates
under his conception of the law.
In a series of such opinions ex-
tending back to 1898, Michigan's
attorney general has ruled that the
Legislature cannot fix the fees
charged by the University, nor
render statutes to fix entrance re-
quirements.
In California, where the state
university enjoys a degree of inde-
pendence equal to the University's,
both the attorney general and the

courts have decided that the legis-
lature may not interfere in the
matter of admission requirements.
* * *
THIS WEEK, as Reps. Green
and Romano sought to give the
University an 85 per cent in-state
population, they tried to make
such an enrollment a necessary
condition for receiving any appro-
priations at all.
The immediate question raised,
of course, is how far the Legisla-

"Don't Rush - There's Plenty For All Of You"

ture may go in controlling the
internal affairs of the University
by establishing policies in the form
of prior conditions attached to
the appropriation act?
This issue never reached the
courts until 1924 when a contro-
versy arose involving the Michigan
Agriculture College (which after a
long series of rebaptisms is now
Michigan State University).
The legislature had appropriated
to the college more than .5 million
per year divided into smaller
amounts and assigned for a variety
of purposes linked with the co-
operative agricultural extension
work carried on by the college.
THE APPROPRIATION act con-
cluded by declaring "Each of said
amounts shall be used solely for
the specific purposes herein stated,
subject to the general supervisory
control of the State Administrative
Board."
The constitution of 1908, how-
ever, transferred MAC control of
the State Board of Agriculture in
language practically Indentical
with the corresponding University
clause.
The statesauditor-general re-
fused to release part of the appro-
priation to the agriculture board
because the request had not been
approved by the administrative
board.
The agriculture board turned to
the courts and asked a writ of
mandamus releasing the money
on grounds that the appropriation
act was unconstitutional.
The decision of the court settled
the question of internal control of
the University and has imminent
bearing on this week's attempted
action in Lansing.
MAY FESTIVAL:
A mericans
Old, New
MAY FESTIVAL programs are
better than ever. Cheers, and
keep it up. This year we have had
more variety and fewer old war-
horses. It cannot be said that all
the music has been equally worth-
while. But then, one should not
go to concerts to bask in the
warmth of familiar quality, but as
part of one's general education.
Saturday evening's program was
devoted to American composers,
with pieces dated from the 1880's
,to the 19601s.

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LETTERS TO THE EDITOR:
In Defense of Choral Union

A TRUE CONSERVATIVE is not an indivi-
dual who believes that any existing order is
the best one and should not be changed. He
does not believe that he is part of a moral
essence set down by some superior being or
that the nature of society is the will of God
and that one must act within this system rather
than try to change it as an independent being.
Rather, he realizes that man is nothing more
than an animal with slightly higher mental
powers than other other animals. He believes
that man does not exist to glorify some god,
and that other natural life only exists for him,
but he believes that man's duty is simply to live
as freely and as best he can, according to the
dictates of his conscience. He knows that man
is merely a part of the sphere of nature and
life, not the reason for the existence of other
life.
Since man is a part of nature, the laws of
nature apply to man. Thus, the precept of
"survival of the fittest" is the basis of the
existence of man as well as other fauna.
UNDERSTANDING these conditions, the true
conservative realizes that any artificial
attempt to limit the freedom of man is re-
pugnant. The governments which man organ-
izes to facilitate the material difficulties in
life and to protect the integrity of the in-
dividual therefore must not dominate his life
but enhance it. Governments must not attempt
to promote social or economic equality among
different members of the society. -
The function of government should be to en-
able the individual to develop his potentialities
so that every person would be fit to survive.
The natural forces of man's environment and
the capabilities of the individual should be the
only restraining factors upon the individual;
the government should be a freeing force, not
a restrictive one. ..
IN A LESS abstract context, the death struggle
between the United States and Russia, the
principles of true conservation must be re-
instituted in' order for this country to survive
the onslaught of Communism, a concept totally
abhorent to the principles of freedom of the
individual.
Yet the United States itself, in attempting to
resist moral and physical annhilation by such
a force, has formed its first line of defense
around the subordination of the strength of
the individual to the power of the many over
each individual. The rationalization for this
policy is that it is in the national interest to
sublimate the good of the individual to the
welfare of the many.
But the national interest surely means that
the United States should be as economically,
politically and morally strong as possible. To

CONSERVATIVE PRINCIPLES are also im-
portantly valid in a university community.
It is obvious that in such an environment the
individual student should be as free as pos-
sible-free to express his opinions, free from
attempts to stifle and degrade intellectualism,
free from restrictions upon the right to know.
It is particularly disappointing when the at-
mosphere of this University is termed "liberal,"
when in reality it espouses the conservative
principles of individual freedom more closely
than any other institution in the country.
WITH THIS DEFINITION of conservatism
and its applications, I must conclude that
Sen. Barry Goldwater and Russell Kirk are
mistaken when they claim there is a strong
conservative movement. There are two groups
of people in the "conservative" camp. One is
composed of various short-sighted individuals
who violently oppose any significant change
in the status quo and are therefore not true
conservatives. The second part is composed of
organizations such as the Young Americans for
Freedom reacting to trends in America toward
a welfare state. These units are so singularly
ineffective that, while advocating a return to
decentralized government, they have not been
able to achieve any meaningful revision in
national policy towards these ends. These
clubs appeal only to those embittered or bored
individuals who are trying to be different..
In spite of the fact that the "right-wing
movement" is a hoax and a fraud, I maintain
that the principles of true conservatism remain
valid. It is for this reason that I oppose or-
ganizations such as the House Committee on
Un-American Activities, not only because it
makes a mockery of human dignity but also
because it illustrates the now-immense and
harmful scope of the federal government.
It is for this reason that I protest when
individuals in responsible positions in the Uni-
versity administration attempt to dictate per-
sonal mores and beliefs to the student. It is
for this reason that I object to the prostitution
by the Union administration of one of the few
intellectual meeting and discussion places on
campus.
AM NOT advocating anarchy, although this
would be desirable if man were more per-
fect. There of course must be an agency to
establish and maintain order in society. And
there is a particular need for this agency to
be strong when it is dealing with other nations
and has to coordinate the activities and view-
points of the society as a whole. Yet this
governing force must be kept as limited and
responsible as possible so that the individual,
instead of depending on the government to
help him, must depend on himself. The federal
nvenment shoulr1 start 1nnking for areas in

To the Editor:
IN FRIDAY'S DAILY noted music
critic John M. Christie had this.
brilliant commentary to offer,
based on Thursday's opening May
Festival concert in which the
Choral Union took no part:
"(This concert) certainly fore-
tells of fine things to come the
rest of the week, with the excep-
tion, of course, of the Choral
Union."
While I would be the last to
accuse The Daily of irresponsible
journalism, I would also be one,
of the first to criticize Mr. Chris-
tie's prejudice and unfair comment
on the Choral Union.
Ann Arboritessare fortunate each
year to witness the few perf or-
mances of great choral works that
they do. To condemn these pro-
ductions without any apparent
basis before they are even per-
formed is absurd and uncalled
for.
-Joseph Sinclair, '63
Uncalled For
To the Editor:
WHILE wallowing through a re-
view of the splendid perform-
ance Thursday by the Philadel-
phia Orchestra, I was appalled at
the critic's concluding statement.
with reference to the Choral Un-
Ion.
Not only was this judgment un-
called for but totally unfair. Evi-
dently Mr. Christie isn't familiar
with the wise old saying, "Don't
count your chickens before they're
hatched," translated: "don't draw
your conclusions before you hear
the performance!"
Perhaps SGC has a right in ex-
pressing "grave concern" over the
Daily's apparent trend to irre-
sponsibility. And as for the Daily
itself, perhaps the criticism sheet
on which the paper evaluates its
mistakes "carefully each morn-
ing" should account for the hasty,
inappropriate judgments often
made by its'reporters.
-Annette Way, '62
Fress Press?....
To the Editor:
NOW IS THE TIME for all good
journalists to re-examine the
role of a free press in the Cold
War. Take the Cuban fiasco for
example. Cuban Foreign Minister
Roa was able to quote United
m~~. ri~ns~rc o e alr io

The only way we can make our
government appear to be doing
what it officially says that it's
doing, is not to print the actions
of or substitute for the secret po-
lice, the Central Intelligence Agen-
cy (CIA), jokingly referred to in
Cuban exile circles as the Cuban
Invasion Authority.
President Kennedy has told us
that we are in a constant state
of "clear and present danger" be-
cause of the Cold War struggle
with Communism. It is therefore
only patriotic that we should vol-
untarily use discretion and not
print all the truth, but only that
which is in the best interests of
the United States.
We now have a new yardstick
to measure what the people should
know-it's called national secur-
ity. How else can we compete
with Communism but to partially
adopt their methods? Besides,
conflicting reports are so confus-
ing. People just don't know what
to believe. The most important
thing is not accuracy or a balanc-
ed coverage, but a united front
during these troubled times.
United States' prestige has suf-
fered a blow, but with a little
sacrifice and voluntary restric-
tions, we can look forward in con-
fidence to 1984.
-Connie Mahonske, '61
The Glance . .
To the Editor:
AT LAST I am going to say it,
after four years at the Uni-
versity of Michigan. I will soon
graduate. The course work has
been hard, but there has been
some real meat at times. However,
there is one thing t2at stumps
me about this school. It has no-
thing to do with the course work.
It is the people. No doubt many
students have noticed what I have
and have had peculiar feelings
about it. I still cannot explain it.
It is the snub, the turned-up nose,
the holier-than-thou look, the
lack of a simple, friendly hello
spirit. This is the land of the
averted glance.
YOU HAVE MET someone some-
where and have talked with that
person at that time and have, all
in all, become fairly friendly with
that person, by all the definitions
of friendliness; but, when later
you see this person on the street,
nr hsr n, +hrA in nih inad

me, to my simple, naive mind, why
this averted glance business is so
popular here. I have learned a'
good deal during my education,
but I must have been short-
changed in the sophistication de-
partment.
Is this averted glance business
one of the by-products of the
higher things, scholarly timidity,
swelled heads, or what?
-Adam Fordson,1'61
Criticism * *
To the Editor:
S A CITIZEN of a democratic
state, I firmly believe in and
suport those fundamental prin-
ciples of government upon which
our political system is predicated.
One of the more crucial of these
tenets is the freedom to ; xpress
the will.
Healthy criticism is criticism
that is constructive, that is, suen
criticism that includes both a
negative and a positive element.
The positive element is that which
suggests a solution, a remedy to
that whcih is disfavored.
Unhealthy, negative criticism,
ignoring this element of positive
suggestion, is too often advanced
by the unqualified who are ha-
bitually prone to attack those in-
stitutions and, or policies of which
they are either partially or totally
ignorant.
* * *
SUCH a deplorable situation ob-
tains far too often in attacks on
the American Government's for-
eign policy. Without realizing the
intricacies that are inherent in
the conduct of American foreign
affairs, many advance totally neg-
ative criticism of this area of
policy.
In the April 26 issue of The
Daily, Mr. West, in a letter to
the Editor, attacks our foeign
policy, labeling such policy as born
of "dishonesty, cowardness, stu-
pidity." Such epithets are nice to
toss around if they are- justified.
However, Mr. West fails to ad-
equately substantiate his emotion-
ally-laden attack on the State
Department. Furthermore, no-
where does he offer any positive
suggestion that might be instru-
mental in perhaps improving our
"bungled" foreign policy.
I question the meaningfulness
and value of the wholly negative
brand of criticism that he, and
others, all too often advance
against American foreign policy.

AS WITH OUR CARS, so with
our music: it is easier to tell apart
the products of different years
than those of different manufac-
tures. In the case of cars this is
generally attributed to the game
of follow the leader; but in my.-
sic one must take it as an in-
stance of unconscious reflection
of the "spirit of the times," what-
ever that may be.
On this presumption one would
deduce from the first two numbers
on the program-Barber's "Toc-
cata Festiva" and Piston's Sym-
phony No. 7-that ours were times
of confusion, of fragmentation, of
the return of the picaresque-in a
word, of busy-ness.
There was a period, around the
turn of the present century, dur-
ing which themes became more
and more fragmentary, and intel-
lectuality of structure was substi-
tuted as the desideratum of musi-
cal worth. Currently the fad for
the subtle has subsided, but the
thematic impulsion has not re-
covered from submersion.
Of the tWo first pieces, both
finished in the last year. the Bar-
ber seems more likely to last: it
is a fine showpiece for organ and
orchestral virtuosity, and offers
just enough of the classical struc-
tural elements to give it shape.
THE SECOND HALF of the pro-
gram featured John Browning,
pianist, in MacDowell's D minor
Concerto and Gershwin's "Rhap-
sody in Blue." Of the two the
Gershwin wears the better. Mac-
Dowell fails precisely because he
is not American. We can thank
his years of training and resi-
dence in Germany from prevent-
ing his complete domination by
the spirit of Grieg by infusing a
little of Brahms. Indeed the only
good section of this concerto is
its short, witty, and brilliant sec-
ond movement.
This was fortunate for Mr.
Browning, whose performance in.
the outer movements revealed no
warmth whatsoever and a ten-
dency to play the music in blocks
rather than phrases. His dexter-
ity and cleanness of attack were
superb in the middle movement of
the MacDowell.
As for the Gershwin, he really
dug it. And so did I.
-J. Philip Benkard
Probe
A METEORITE is nothing but a
"poor man's space probe-" that
was launched quite unceremon-
iously in the asteroidal belt some-
time during the last two billion