Seventy-Third Year . EDITED AND MANAGED BY STUDENTS OF THE UNYEMSrrY OF McIGAN UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS "Where Opinions Are-r STUDENT PUBLICATIONS BLDG., ANN ARBOR, MICH., PHONE NO 2-3241 Truth Will Pfevail" BD. Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. WEDNESDAY, OCTOBER 3, 1962 NIGHT EDITOR: ELLEN SILVERMAN DISCRIMINATION: Our Own Backyard LETTERS TO THE EDITOR: Criticism Misdirected Due Process For Students AS AN institution theoretically devoted to students, the University has a queer notion of securing the right to continued enrollment. University regulations, tracing back at least a decade, declare that "attendance at the Uni- versity is a privilege and not a right. In order to safeguard its ideals of scholarship and char- acter, the University reserves the right and the student concedes to the University the right, to require the withdrawal of any student at any time for anly reason deemed sufficient to it."' Now, although I never recall formally con- ceding the University this right-no sane student can be expected to make such a con- cession-the quotation appears in an official publication, "Excerpts from University Regula- tions Concerning Student Affairs, Conduct and Discipline," 1961-62 edition, so it must prevail. Although the 1962-63 version of the "Ex- cerpts," now at the printer's, offers a milder statement about the student's right to remain a student, University policy clearly does not guarantee procedural and substantive due process for, its tuition paying scholars. This error seems to one of commission rather than ommission, especially when one considers Regents Bylaw 5.10. This bylaw is a very de- tailed 2500 word statement setting forth the procedures and rights of faculty members in cases of dismissal, demotion or terminal ap- pointment.' Entirely rewritten after the ad- ministration's censurable conduct in the H. Chandler Davis affair, this bylaw insures a professor's right to the full and fair hearing with channels for review and appeal. IN RECENT years there. have been few cases of student suspensions or explusion which have come to public notice. The most con- troversial one, of course, was the Mark Hall- Stanley Lubin fiasco of two years ago when the two students were suspended from the University in a rapid, high-handed series of administrative moves for their role in a food riot-panty raid. Both were later reinstated. Even in the more minor violations of amor- phous University regulations, students are not given a chance to receive what a democratic society usually defines as adequate justice. Student Government Council has just es- tablished a student-faculty committee to ex- amine the judiciary system and point the way to reform. The committee faces certain basic questions in its approach to the problem and to the various proposals' for changes it will receive. THE COMMITTEE must confront the ques- tion of why there are student judiciaries in the first place. Should students bear the job of hearing, judging and punishing other stu- dents for violating rules promulgated by ad- ministrators? Perhaps students should refuse to participate as extensions of the administrative arm and demand the right to set rules before they agree to enforce them. Another issue which must be broached is the value of so called 'student peer counseling.' Are students more likely to be persuaded back to the straight and narrow by other students or by faculty men or by administrators? The committee will be urged to create a unified judicial system. Nearly a dozen dif- ferent levels and types of student judiciary councils exist now, but they are not bound together in any coherent or intelligent manner. Original and appelate jurisdictions and lines of appeal must be clearly defined. A unified system demands some sort of ultimate judicial authority, a court of last resort, an agency of final appeal-but what kind? HE PRESENT Committee on Student Con- duct has not convened in 15 years; it has delegated its authority to a three member faculty Subcommittee on Student Discipline which has acted as the appeal body for student judiciaries. If this latter committee is to re- tain its position as a final appeal body, stu- dents should be added to the membership. Extra classroom regulations and student social misconduct are, at the least, matters of great concern to students and, at the most, peri- pheral ones for professors. Editorial Staff MICHAEL OLINICK, Editor JUDITH OPPENHEIM MICHAEL HARRAH Editorial Director City Editor CAROLINE DOW ................. Personnel Director JUDITH BLEIER .....,.......... Associate City Editor FRED RUSSELL KRAMER .. Assoc. Editorial Director CYNTHIA NEU .................. Co-Magazine Editor HARRY PERLSTADT...........Co-Magazine Editor. TOM WEBBER ......................... Sports Editor DAVE ANDREWS...........Associate Sports Editor JAN WINKLEMAN ........... Associate Sports Editor Business Staff An ideal might be for an all student "Su- preme Court," but the political dynamics of the organism which is the University demand that students must share power with some- body. The relation of this final court to the Re- gents is another ticklish question. The Regents are responsible for everything that goes on in the University and, therefore, a student ought to be able to appeal his case to them before seeking help from the county or state courts. But how effective is an 'ultimate judi- cial body' if its decisions can be appealed? CERTAIN guarantees of procedural due pro- cess must be written into the University regulations so that students who are accused of violating rules will have a fair hearing and impartial consideration of their cases. . The regulations should be as clear and un- ambiguous as possible and should not dupli- cate federal, state or city laws which already restrict the individual student's behavior. Maximum penalties for violating a given reg- ulation must be outlined carefully. For the actual hearing of his case, a student should be treated under the same principles as govern the law courts. He should be given adequate prior notice of the charges against him and access to relevant information. He should be allowed witnesses on his behalf, for both the judicial and counselling aspects of the disciplinary bodies. To determine the -guilt or innocence of the defendant, only eyewit- ness accounts of the event should be allowed. For "counseling" the student, the judic can do a more decent job if it knows the back ground of the student through a close friend or physician or other counselor he could in- vite in to speak for him. To help prepare his 'defense' and guide him through questioning of witnesses during the hearing, each student should have the right to bring in counsel. A student defender pool made up of law school students or others familiar with procedures of the law and the substance of University regulations should be established for this purpose. Needless to say, the accused student should be considered in good standing until such time as he is found guilty. MOST OF these suggestions for reforming procedure would tend to make judic hear- ings more of a coldly formal legal trial than presently is the case. For many, this is not a desirable trend. They claim that it would destroy the warmth and concern that admin- istrators and students rightfully feel toward one another. It would eliminate the flexibility and extra-legal dismissal of charges, the sort of "setting out of court" which a disciplinary officer and a wayward student can reach. Too often, however, the absence of formal guarantees of due process have meant that students have not received a full and fair con- sideration. Adoption of due process, more- over, would. not necessarily mean that the councils would be inflexible and blind to human needs and untouched by human sensitivities. Quite the contrary. The guarantees of pro- cedural due process slow down the often hasty deliberations of student judiciaries, enabling them to know the student and his problems better and forcing all parties to be more care- ful and more concerned with the factors in- volved in every case. Just how legally formal the judiciaries should be is an open question. Must testimony be given under oath? Must the student and his prosecutor adhere to the technical rules of evidence? Should students have the power to subpoena other students to testify in their behalf? ALL THIE procedural safeguards of the legal world do not mean that full due process is achieved. A student can be tried in a calm, impartial and equitable manner only to be found guilty of a regulation which had no busi- ness being there in the first place. In the past, universities have relied on the 'contract theory' of expulsion. On entering the University, the student signs a contract with the University where the latter is free to stipulate the conditions of enrollment. The courts are moving away from granting the completely "free hand" universities enjoyed in the past to a position that state universities, at least, must contract within the framework "of the 14th amendment. This is particularly true of the latest reinterpretations of the "equal protection of the laws" clause. The power to discipline, regulate and dis- miss-derived from the contract-is also sub- ject to restraint. The manner in which it is exercised is certainly open to questioning, and the courts are granting a "property right" of the student to continue his course of study. To provide a minimum security for sub- stantive due process, the University must guarantee the necessary freedoms for full academic inquiry. Freedom of speech and of assembly-with the specific freedoms to ex- press political and social opinions and to act on them in organizations on and off the cam- pus-should not be tampered with in Univer- By MICHAEL ZWEIG THE CONFLICT in Mississippi is but one of a long progression of racial incidents which have brought castigation to the South from citizens of the North. The blame and the castigation are justified, and it is to the eternal shame of man that a human be- ing acts like Ross Barnett. But we have our problems here in Ann Arbor too. It is sometimes too easy to point to the South and scoff when the Southerner cries, "Clean up your own house." Northern racial discrimination- Ann Arbor discrimination-exists. It is lesser in degree but identical in kind. Those who sit quietly in Ann Arbor while racial inequality is found in this very city are guilty of the same kind of moral and legal offenses as the Mississippian who supports his governor in the Meredith case. An acceptance of status-quo, conservatism applied to racial matters, is a support of segregation, for that is the status- quo. Discrimination exists in Ann Arbor in housing opportunities, job opportunities, educational oppor- tunities and recreational facilities. These inequalities must be ended. *R * * PITTSFIELD VILLAGE is a housing development just east of A n n Arbor, established, after World War II. It includes 422 apartment units. In the past, neither Orientals, Jews, nor Neg- roes were admitted. More recently only Negroes were excluded. They were excluded when they were not allowed to see the hous- ing units or visit the development. They were excluded when action was automatically not taken on their application. They were ex- cluded, occasionally by direct statement that Negroes were not allowed. In November 1961 a group of citizens from Ann Arbor, Ypsi- lanti, Willow Run Village and sur- rounding communities formed the Ann Arbor Area Fair Housing As- sociation (AAAFHA). The group went td work to integrate Pitts- field Village. * * * THEY FIRST ran two test cases in December. A Negro school teacher was told "No vacancy for you now or in the future." Whites were shown empty apartments im- mediately before and after the Negro was refused. A mixed couple was refused for no stated reason, although they were told explicitly. that they were not refused because of credit, personal references,or any other data demanded on the application. Again, Whites were shown empty units before and after the mixed couple was re- fused. These indications of discrimina- tion, along with previous test cases Danger 'THE EAST-WEST conflict is likely to continue for a con- siderable period of time. Never- theless, it is my hope that we shall live to see this conflict re- cede and eventually prove to be a passing phase in human history . At the same time, the de- veloped part of the world, both East and West, must concentrate sufficient attention on a problem which may ultimately prove to be of even greater danger to man- kind - the gap between the rich and the poor." -Mr. Lange, Norway, UN General Assembly run by the Ann Arbor-Washtenaw Council of Churches, were brought to the attention of Leonard P. Reaume, president of Pittsfield Village Incorporated and Reaume- Dodds realty company, the real- tors handling rental of apartment units in the Village. Reaume told representatives of AAAFHA in December that he, as private owner and operator of the Village, had the right to discrim- inate if he so chose. He discredited the open-housing covenant signed by over 60 per cent of the resi- dents of the Village, indicating their willingness to live in an in- tegrated community." Reaume later refused to discuss the matter further, and when ne- gotiations broke down in January, AAAFHA began picketing the rental offices of Pittsfield Village. The purpose of the picketing was to create a public image of Pitts- field Village as a segregated com- munity, steering concerned citi. zens to live in other places, and to bring pressure onto Reaume from the residents of the Village. * * * AAAFHA WANTED two things: a general policy statement indi- cating open housing in Pittsfield Village, and actual residence in the Village of at least one Negro family. Only then would they dis- continue picketing and public and private pressure. In May, when neither of these conditions had been met, picket- ing was extended to a Detroit construction site of a building clearly marked to be under the management of Reaume-Dodds. Reaume remained intransigent. On June 1, 1962, the Greater Detroit Fair Housing Practices Committee sent a letter to Detroit Mayor Jerome P. Cavanaugh and to the Detroit Common Council asking that Detroit's contracts be withheld f r o m Reaume-Dodds realty because of the company's racial policy 'on Pittsfield Village. The Royal Oak Township Hous- ing Authority suspended a $50,000 contract with Reaume-Dodds for handling resale of property in an urban renewal project in the township. Now the economic pres- sures were added to the moral and public pressure, since they alone were not enough. In June, Detroit Councilmen Patrick and Ravitz moved at a City Council meeting that Detroit refrain from awarding contracts to Reaume-Dodds realty company. BY THE END of June, the loss of contracts in Royal Oak Town- ship, and the threat of further loss from the Detroit City Coun- cil, as well as pressures from 13 Detroit civic, social and religious groups, began to have their effect. Reaume circulated the long await- ed policy statement pledging non- discriminatory, open-housing in Pittsfield Village. Based on that pledge, Patrick and Ravitz agreed to table the motion, but warned that they would re-enter it if Reaume did not hold to his word. Late in July, AAAFHA ran an- other test case to try to place a Negro in Pittsfield Village. The Negroes were shown only the most expensive units, and were told that all cheaper units were occupied. Tests with White applicants show- ed that cheaper units were in fact available before, during, and after the Negro's application. Picketing continued, and new motions were possible from the Detroit Common Council as well as other groups. Finally, in Aug- ust, a Negro was admitted to the apartment of his choice, and a joint statement of Reaume-Dodds realty and AAAFHA indicated sat- isfaction on all sides. * * * TODAY PITTSFIELD Village is integrated. A year ago no Negro was allowed. Dignity has come to the Village, and any future abro- gation will bring the same pres- sures to bear to right the situa- tion. But there are other places in Ann Arbor, other employers, other facilities which do not allow Negroes or other groups to live, work, and relax in dignity. The pattern of pressure is roughly the same in all cases where people seek to end discrim- ination: documentation, personal conferences and attempts at rea- son, picketing and public pres- sure, economic pressure, and in some cases governmental force. These are the stages, each one in order, each one more powerful than the last. Where they are ap- plied, the dignity of man emerges. * * * THE INSTANCES of discrimin- ation in Ann Arbor are many, In the North still more numerous, and in the nation the number is almost overwhelming. As long as they persist, even we who do not feel the discrimination must rec- ognize that real, free, and demo- cratic opportunity in this country is all but a hollow myth. The integration of Pittsfield Village is a case in point, exem- plifying some of the channels of action which are open to citizens who wish to make "democracy" and "freedom" operational and meaningful terms, relevant to the whole population.{ Those who do not support and make use of these channels, those who do not openly speak out and act against discrimination in their own community deserve the criti- cism of the Southerner when he says, "Clean up your own house!" Pledge THE HOUSING ACT of 1949 opened a new era in housing. There, Congress set for itself and the Nation the goal of "a'decent home and a suitable living en- vironment for every American falily." This goal which Congress an- nounced is more than a vague ex- pression of hope. It is a pledge of the Federal Government that its resources will be utilized and the goal achieved. Insofar as it is a pledge to assist in the achieve- ment of a decent home for all Americans, both the legislative and executive branches of the Federal Government have affirmed a pol- icy of equal opportunity in hous- ing which may be used as a standard against which to measure the Government's practices. Some measures, mainly admin- istrative, have been taken toward achieving this goal of equal op- portunity, but the practice cannot yet be said to have matched the promise. R R * TO THE EXTENT that dis- crimination is practiced in 'con- nection with Federal housing pro- grams, the obligation of the Fed- eral government remains unsatis- fied. For this pledge was made to all Americans and it was to all Amer- icans that President Kennedy re- ferred when he declared before Congress: "We must still redeem this pledge." -United States Commission on Civil Rights Report, 1961 To the editor: MISS DENISE Wacker's editor- ial "Oh Goodness, Oh Graci- ous" concerning the dining cus- toms of Betsy Barbour House may be classified as one of two things -either a gross misrepresenta- tion of facts or a monumental lack of understanding on the part of Miss Wacker. First of all, food is not served to each girl by a waitress; it is served in the much more informal family-style manner. Second, nor- mal classroom dress and neatness are required; certainly this is not a burdensome request. Third, din- ner conversation does not center on "the latest issue of 'Look' or Mademoiselle'. On the contrary, it covers the entire gamut of sub- jects that interest a group of eight to ten upperclass college women. Fourth, Barbourites are not always "ready to eat whatever is put before them with a grace it sure as hell does not deserve." They complain about and refuse various foods as much as any res- ident of the hill, and with as much justification, we might add. Miss Wacker's ignorance of all these points is not surprising, though, since she has not ap- peared at the meals very often. * * * THE LITTLE pamphlet which offended Miss Wacker so much is an old one which was discover- ed in a seldom-used closet, where it had been stored for about 20 years. Most of those who read it, particularly the old residents, found it extremely humorous; even the house director thought it amusing. It is as shallow as any ;contemporary teen-age how-to- look-and-act-your-best pamphlet. Many of the booklet's methods may be outdated, but its purpose, to explain how one may make mealtime pleasant, is not. Barbour's sit-down meals are not designed to shape up slovenly rural girls (who do not exist at the University anyway) so they can land the "right man." They provide a friendly eating atmos- phere where courtesy and common sense determine one's manners and appearnce. It is a shame that Miss Wacker did not employ the various chan- nels available tohher in order to make her feelings known to the other residents of Barbour. She could have spoken to any one of 13 house officers, a service com- mittee member, or the housedi- rector, all of whom would be more criticism or suggestions she might wish to offer. She could have attended a meet- ing of the house council to bring up the issue. These meetings are open to all residents; and, as a matter of fact, a question con- cerning one aspect of dining room procedure is on the agenda for the first meeting on Sept. 24. She could have embodied her suggest- ions in a petition. (A dining room d r e s s regulations suggestion brought up by this method is be- ing voted upon by the house Sept. 24.) There is a conveniently lo- cated suggestion box the use of which brings results whenever suggestions do not conflict with University policy. She might have spoken up at that house meeting she refused to attend or at a non- compulsory corridor meeting. However, she chose to air her grievances to the entire campus rather than to offer constructive criticism within her house, where she could have gotten far more response for both sides of the question because there her en- tire audience is concerned with what she has to say. She has made it much more difficult for herself and her new "crusade" because by attempting to hold Barbourites up for campuswide ridicule she has alienated many of them, regard- less of whether they agree with her or not. -Holley Parmentier, '64 -Gale Buchanan, '64 -Kathleen Yagelo, '64 and 20 Barbour Residents Speakers.. . To the Editor: ON SEPTEMBER 19 Student Government Council adopted a resolution advocating revision of the speaker policy Bylaw 8.11. That this resolution did not go far enough to satisfy Daily workers Gail Evans and Richard Kraut was evident in their editor- ial of Friday, September 21; but it did at least recommend removal of 'the "accepted code of morals" provision against which The Daily has been campaigning for years. That this much was done is a tes- timonial to the lobbying efficiency of The Daily, which. all of us, whether or not we agree on the desirability of any revision of the Bylaw at all, should recognize. And The Daily's influence did not stop at SGC. The Daily has been screaming loud and long about the "hypo- critical paternalism" of the State Board of Regents, claiming that the Regents continue on in their mouldy old ways without paying any attention to student wishes to participate in making decisions on University affairs. And lo, these screams have now brought results! The Regents have indeed react- ed positively to a recommendation of the students, as expressed in the page of the issue of Saturday, September 22, appears an editorial signed by the Senior Editors con- demning the Regental action as a "perpetuation of a masquerade," "hypocrisy," and "either duplicity or lack of understanding." * * * IT SEEMS that it may be The Daily which is displaying "lack of understanding" (duplicity?) For The Daily apparently feels that its desires should be fulfilled by the Regents, and that those of the student body as a whole be dis- regarded. To say the least, the castigation of the Regental action which did the opposite ndicates a state of mind which would not be unreceptive to that conclusion. Unfortunately this notion ig- nores the fact that SGC is the of- ficial "voice" of the students, while The Daily is only the voice of a few individuals to the students. I suggest that The Daily either recognize its proper role and ad- here to it, or secede from the Uni- versity community and make all the decisions it wants independ- ently of the Regents, administra- tion, faculty, and the rest of the students. I doubt that adoption of the latter course would precipi- tate repercussions so violent as to be classified as civil war. -Henry R. H. McAllen, '64L Constitution... To the Editor: QO THAT no one will misunder- stand this letter, permit me to make a few autobiographical statements. I am a Northerner by birth and by preference who has spent most of his life in the South and has become imbued with a bitter hatred and contempt for the place. Personally, I would greatly enjoy the spectacle of the absolute subjection of Mississippi by military force. I have argued the case for in- tegration against resolute South- erners. I am emphatically no friend of the South or of segregation. But intellectually, I cannot condone the sacrifice of those rights so carefully spelled out in the tenth amendment to those so vaguely and subjectively read into the fourteenth. May I respectfully suggest that the judicial and executive branch- , es of our government should rely more upon the Constitution than upon sociological textbooks? Moral issues are far better settled in the minds of men than in courtrooms. -Carl Miller, '64 Revie . . To the Editor: IT BOTH amazes and disappoints me that a paper such as the Michigan Daily would print such incompetent material as that of David Marcus in his review of "The Miracle Worker" Mr. Marcus correctly says that Anne Bancroft gave an excellent performance. He continues by stat- ing that Anne Sullivan had a "properly hard surface" necessary for helping Helen. He concludes his discussion of Miss Bancroft's performance by remarking "One does not, at the end, feel that Miss Bancroft has fallen in love with. the child; rather, she has done for Helen what is best for her." I wonder, therefore, how Mr. Marcus justifies the final line of the film, "I . . . LOVE HELEN." If he disregards Miss Sullivan's final .words, then, was her lack of feeling on the surface or actually at the core of her character? Mr. Marcus went to great lengths to comment on the acting of Miss Bancroft and Miss Duke, and yet he neglected to comment on the major vehicle of the film; which is movement. The film's most dramatic sequences are done without dialogue. Movement must not be extraneous, it must be mo- tivated, and it must be expressive. Since these silent sequences held a dramatic impact for the au- dience, how can movement be taken so lightly? * * * IN TERMS of Mr. Marcus' dis- cussion of Victor Jory and Inga Swenson, he is confusing the crit- icism of a character with the crit- icism of an actor. If Helen Keller's parents had shortcomings as people, which Mr. Jory and Miss Swenson obviously brought out ac- cording to Mr. Marcus, they are to be commended rather than criticized as actors. Mr. Marcus also commented that the character of the brother was unnecessary to the story; which demonstrates once again Mr. Mar- cus' great lack of understanding. In the first place, Jimmy is the only character who remains at all objective throughout the film. He criticizes Anne as a teacher and views Helen realistically rather than emotionally. Secondly, he helps to depict Anne not only as a teacher, but as a woman. Lastly, he is the means through which Helen's parents are forced to rec- ognize the importance of giving Anne absolute freedom in dealing with Helen; as illustrated in the scene during which he bars his parents from interfering physi- cally during one of Helen's tan- trums. In conclusion, although Mr. ~} A ,1 1 5uppI f~4-LIioc~e-At ". t . 1 1% 1. ~~~~~y Mr".l ~~o~ #:i 11 yt U X1 65 A1 i. ji+? lt"Y i Fklf f 4*i,*,*'t " -.7 V.. -u:..4 }