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October 05, 1962 - Image 1

Resource type:
The Michigan Daily, 1962-10-05

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See Page 4




Light showers
during the day

Seventy-Two Years of Editorial Freedom


Cause Order Served
On U.S. Government
SPRINGFIELD, Mo. W)-The federal government was ordered
yesterday by a United States district judge to show cause why former
Maj. Gen. Edwin A. Walker, arrested in the Oxford, Miss., rioting
would not be released on -bail.
The show causeorder, which the government must answer next
Tuesday, was issued by Judge John W. Oliver after Walker's attorneys
had filed a petition for a writ of habeas corpus.
Walker, one of 200 persons arrested in rioting which broke out
with the enrollment of a Negro at the University of Mississippi, is
charged with inciting insurrection and seditious conspiracy. His bond
was set at $100,000 in Oxford and then he was flown here for de-
tention atrthe United States Med-
ical center.

Assembly Demands Resignation





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C 9
Cites Case
On Senate
The United States will not
make a decision in Michigan's
reapportionment case until the
middle or end of its term, Prof.
Jerold Israel of the law school pre-
dicted yesterday.
Noting' the court has not yet
accepted the appeal of the Michi-
gan Supreme Court decision order-
ing the redistricting of the state
Senate on population lines, Prof.
Israel said that the court will
consider the case in conjunction
with similar cases from New York
and Georgia.
The Georgia case is - already
pending before the court and the
New .York reapportionment .case
was appealed to the high tribunal
after a state decision Aug. 16.
Do Nothing
"The court will certainly do
nothing before the election," he
Prof. Israel said the addition
of Justices Byron White and Arth-
ur Goldberg made predictions on
the court's decision uncertain.
Formerly, the court would not
have insisted that legislatures be
based on population.
"The 'equal protection of the
laws' clause of the 14th Amend-
ment on which these appeals are
based is different than other
parts of the Constitution. It in-
sures that apportionment be a
rational scheme not that is, nec-
essarily be democratic.
Guarantee Democracy
"The guarantee of democracy
is found in Art. 4, sec. 4 of the
United States Constitution (that
guarantees the states shall have
a "republican form of govern-
ment") and this section has not
been greatly involved in reappor-
tionment cases," Prof. Israel ex-
The Michigan Supreme Court
had ruled that the state Senate
must be reapportioned on the
basis of population. It struck
down a 1952 amendment "freez-
ing" Senate districts. The only
area factor that is valid, the
court ruled, is the 1908 Constitu-
tion provision that Senate dis-
tricts may not cross county lines.
View Sit-Ins
Viewing sit-in cases scheduled
to be heard this year, Prof. Israel
said the Supreme Court may never.
decide the Constitutional issue in-
volved. Other questions such as
the vagueness of the statute or
lack of evidence may obscure the
issue of whether the state, in co-
operating with restaurant owner
in exicting sit-in demonstrators,
is discriminating.
He said that the 14th Amend-
ment only applies to state and not
to individual discrimination.
Prof. Israel also protested the
popular division of the Supreme
Court into liberal and conservative
wings. Calling the line up unso-
phisticated and overgeneralized,
he said that court members take
diverse views on diverse issues.
Neither Goldberg or White will

True Cause
Judge Oliver also ordered the
government to file within 10 days
briefs certifying the "true cause"
of Walker's detention. Walker's at-
torneys were asked to file briefs
in -support of the habeas corpus
action as soon as possible.
The government will have 10
days in which to answer the peti-
tioner's briefs.
Walker, who commanded United
States Army troops at the school
desegregation crisis in Little Rock
in 1957, appeared at Oxford short-
ly before the enrollment of James
H. Meredith, 29-year-old Negro. He
is alleged to have led students who
charged United States marshals
at the university.
Two Questions
The judge's order pinpointed
two questions as to whether Walk-
er is entitled to bail and whether
Judge Oliver or the Mississippi
District Court judge who ordered
him committed to the medical cen-
ter has the jurisdiction to fix bail.
The habeas corpus petition al-
leged Walker is being "illegally de-
prived of his liberty" by Dr. R. O.
Settle, warden of the medical cen-
The petition alleged Walker's
imprisonment was illegal because
it was authorized without the le-
gal authority of any authorized or
legal tribunal and it set out his
constitutional rights were being
violated or denied him in the fol-
lowing particulars:
He is being denied the right of
bail; he was denied right to coun-
sel in the proceedings at Oxford
and he had been denied a hearing
and his day in court on the issue
of his commitment to the medical
As to authority for the order,
it is clear that the Pentagon felt
it had this power under President
Kennedy's proclamation and exe-
cutive order "to remove all ob-'
structions of justice" in Mississippi.
Gives Order
To Relocate
Football Site
WASHINGTON (k') - The De-
fense Department said yesterday
it ordered that the University of
Mississippi-Houston football game
not be played in Oxford, Miss., asi
scheduled on Saturday - acting
under authority of a Presidential
Pentagon responsibility for the
shift was acknowledged after ques-
tions about an earlier statement
which said Secretary of Defense
Robert S. McNamara and Secre-
tary of the Army Cyrus R. Vance
had concluded the game should
not be held in Oxford, and that
local officials decided to move the
game to Jackson.
This statement left unclear
whether the local officials were
ordered not to have the game in
Oxford, site of the university.

Bretton Analyzes NI
By CAROLINE DOW countries are of necessity long
Personnel Director range propositions.
Nigeria, although the most But the political requirements
promising of the African Na- for stability are short-range
tions to achieve independence, and immediate, and thus, at the
dons notachive hingrpedene'moment, the balance tips in
tdoes not have the ingredients favor of instability.
to achieve a stable nationhood, The author sees the problem
Prof. Henry Bretton, of the of the "politics of de-coloniza-
political science department tion" as a continuium that be-
and the Democratic candidate ga ong befo indepdence
,s for the House of Representa- daandwilleoteinnddorsom
tives said in a book published time.
by Frederick A. Praeger, Inc. Poer Transfer
today. He states that "as soon as
Prof. Bretton has attempted power and responsibility have
to s upion of ehe onditi oan- been transfered in substance,
ao e iand it has been pointed out
African nations in this book, that the terminal date is being
"Power and Stability in Ni- deferred well beyond indepen-
geria." He finds that the pres- dence day, the African rulers
entlygaccepted standards of will have to fall back upon
judging European and, Western their own resources to resist the
nations do not apply when set usual internal pressures related
in the emerging nations of Af- to the struggle for power itself
rica. and the rights and privileges PROF.
This isdbecause social and associated with positions of
political ideas, perspectives and poeaniflnc.
value complexes that developed p Aser and influeones mor." crats is
in the traditional and colonial valuable, the struggle for power any coun
settings are irrelevant and im-t will also become more fierce as The p
material to the rapidly chang- the stakes are higher. complica
ing African nations. The struggle is not within these ar
Race for Stability the East-West cold war con- gions wi
Nigeria, like all other de- text however. The real problem tems of
veloping nations, is running a lies within the social and pn-. progress.
race with time and the rising litical engineering robIems of Whent
expectations of its people. Prof. the country itself. Northern
Bretton concludes his book by Real Problems to contin
stating that the steps taken The problem of gaining mod- through1
by the colonial powers (Great ern governing and economic thus did
Britain in Nigeria's case) to procedures in an illiterate so- ly as the
raise the economic and cultural ciety that has been principally parts ofI
potential of the underdeveloped governed by British bureau- The S(

centu±es has been in cont
with European nie:chants, 1
a greater urban society a
economy than the others. I
Eastern section experien
great social fractionalizat
and had no politicai organic
tion before the Britisn ca
and were, therefore, direc
under the British rule ratl
than experiencing indirect rt
The British made a mists
in legitimizing the traditio.
rulers when the Nigerians t
direct power, according to Pr
Bretton. For these rulers,t
pending only on religious
tribal basis for powe::. are
the process of being uproo
by the rising forces of na~ton
ism and modernizatir i
Native Rulers
The native rulers.hdery
their poiwers* from the star
quo, are not spokesmen
progress and thus revolution
In the major~ part oft
book, the author examinesI
ingredients for sta,)hty a
compares them witn the pres
conditions in Nigeria.
Assuming that a country
more stable if the structure
the formal government is r
resentative of the vai ous e
ments of the society. he no
that the constitutional fran
work of Nigeria, although fl
ible, does not add to stabilit
The lack of. consensus on1
rules for political decisi
hampers the decision mak
in the country, he points c

igeria Patterns

Vote Passes Needed
act ;Majority,21
he De Gaulle's Referendum in Doubt
ion As Fifth Republic Faces Crises
.za- I
tly PARIS (P-The French National Assembly early this
[her morning ousted Premier Georges Pompidou with a vote of
.le. censure, rebuking President Charles de Gaulle for his plan to
nal amend the constitution by referendum.
ook A total of 280 deputies voted for the motion of censure,
rof- well above the required majority of 241. Under Assembly rules,
de- the other 170 deputies, including those abstaining or absent,
in were counted as having supported the government.
in .:;
ted Counter Effect
al- Earlier yesterday de Gaulle sought to counter the effect
of the anticipated Assembly action and appealed directly to
the French people for support of his proposed constitutional
ng amendment providing for the future election of French presi-
for dents by popular vote. De "
is Gaulle threatened to resign if
the public rejected the plan in
a referendum scheduled Oct.
ind 28.:4
ent The Assembly vote means that }
Pompidou must resign, bringing
is the Fifth Republic to its first real
of cabinet crisis. The last time the
ep- Assembly overthrew a government
ale- was in April 1958, under the Fourth
tes Republic, when it toppled Premier
ne- Felix Gaillard.
ex- Two Choices
y. De Gaulle has two choices. He
the can nominate another premier.
ons But aides said before the vote he
ing had already decided to dissolve the
)ut Assembly and order new general

.. writes book
a major problem for
problem in Nigeria is
ted by the fact that
e three different re-
th three different sys"-
rule and degrees of
the British came to the
region it was allowed
Due under indirect rule
the Islamic rulers and
not progres as quick-
Eastern and Southern
the country.
outhern part, which for

-------------- .........................

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Fibel To Clarify New Poicy

Dean Louis Fibel of the Flint
Community Junior College, reach-
ed agreement yesterday with the
college's publications board that
his policy statement on the publi-
cation of the FCJC "College
Clamor" should be clarified.
A meeting for this purpose will
be held, but the date has not been
Fibel issued the policy state-
ment last night, after he and
General Superintendent of City
Schools Lawrence Jarvie suspend-
ed the Clamor from publication
until new policies could be im-
Fibel's Statement
Fibel's statement was reported
as follows:
"1. The student newspaper is a
student activity and is published
for the information of students
and faculty of Flint Community
Junior College, and is the means
of giving training and experience
in newspaper publication to stu-
dent staff members.
"2. The newspaper shall pre-
sent to its readers an accurate
and comprehensive image of the

"3. The newspaper shall not
print articles or editorials which
are libelous, obscene, or which
advocate breaking of the law.
Publish Truth
"4. The paper shall always pub-
lish the truth, have a sense of fair
play, uphold the rights of privacy
of all individuals and write articles
uncolored by bias or prejudice.
"5. The newspaper should show
a high moralpurpose, avoid in-
flammatory material, and main-
tain the highest standards to
truth, honestly, and decency.
"6. The Dean of Flint Commun-
ity Junior College shall have the
Union Board Votes
To Change Flight
The Michigan Union Board of
Directors last night voted unanim-
ously to restrict Union airflights
to "regularly scheduled airliners"
rather than chartered flights.
Union Administrative Vice-Presi-
dent Albert Acker, '63, said no
changes in plans for this year's
airflights will be necessary.

responsibility to administer this
Staff Comments
Following the publication of
this statement, the members of
the staff of "College Clamor"
issued a second statement, in
"The editorial staff of the 'Col-
lege Clamor' feels that the new
editorial policy for the paper is
too undefined. As it presently
stands, we do not feel that we
would be willing or able to work
within it. Such ambiguities as
truth, prejudice, accurate image,
privacy of individuals, and inflam-
matory material must be defined."
All Concur
The publications board, includ-
ing Clamor's editor and news
editor and the president of the
student government as well as
faculty members, concurred with
this statement, and later agreed
with Dean Fibel to confer at a
later time
Today's protest demonstration
will proceed.as scheduled. In addi-
tion, Dean Fibel will speak and
answer questions prior to the noon
demonstration, at the invitation of
the student government.

Court Hears
Grantt Case,
neys for a Negro seeking trans-
fer to Clemson College told the
United States Fourth Circuit Court
of Appeals yesterday he should be
given a choice to enter now or in
Attorneys for the South Caro-
lina College contended the case
of Harvey B. Gantt, 19, a stu-
dent in architecture at Iowa State
College, should be sent back to a
United States District Court for
trial on its merits. They argued
no preliminary injunction should
be granted now to permit immedi-
ate transfer to Clemson.
Gantt, whose home is in
Charleston, S.C., would be, if suc-
cessful in his suit, the first Negro.
to enter Clemson since the college
was founded about 70 years ago.
He would also be the first Negro
admitted to any hitherto all-white
college in South Carolina.
Gantt appealed from a decision
by Judge C. C. Wyche of the Unit-
ed States District Court for East-
ern South Carolina denying a pre-
liminary injunction against the
college, the state's agricultural and
technical college.

elections. These are expected to
come on Nov. 4, a week after the
referendum on the constitutional
The president spoke in a radio-
television address on behalf of his
presidential election proposal two
hours in advance of the opening
of the Assembly debate.
Upset Parliament
The Assembly is upset about the
proposal for popular election of
the president for two reasons:
1) Many deputies feel that the
constitution can be revised only
through a parliamentary vote.
Most legal experts back this view.
De Gaulle has taken the position
that he can call a referendum
under a constitutional provision on
the institutions of the republic.
2) These same deputies fear that
popular election could open the
way for a demagogue who would
hold far greater powers-without
any effective checks and balances
-than is provided under the pres-
ent system.
Swainson Bid
.For Barnett
Censure Fails
By The Associated Press
HOLLYWOOD, Fla.-The Exec-
utive Committee of the National
Governors Conference last night
rejected a proposal by Gov. John,
B. Swainson to censure Mississippi
Gov. Ross T. Barnett for his ac-
tions in the recent integration
Gov. Albert D. Rossellini of
Washington State, chairman of the
conference, said the three commit-
tee members who met here at the
windup of the Southern Governors
Conference felt that censure was
not a proper matter for the com-
mittee or the national conference.
"We feel that each governor is
the sovereign head of his state,
and the best judge of knowing
what is best to do about his own
particular problem," he said.
The National Governors Con-
ference never has censured the
chief executive of a state.#
While only three of the nine
members of the executive commit-

. . . resignation
Air Gripes
Special to The Daily from
The Wayne State Collegian
Carl Braden and Frank Wilkin-
son, opponents of the House Un-
American Activities Committee,
spoke today before more than 100
students at Wayne State Univer-
University Security officials ad-
mitted only university students
and faculty members, except
where special permission had been
Claim Interference
Braden claimed that House
Committee on Un-American Acti-
vities and the Senate Internal
Security Subcommittee are inter-
fering with integration in the
South, because they "provide an
atmosphere which effecively in-
terferes with integration."
"They put the Communists in
the corner and put all dissenters
with them. If you are for integra-
tion in the South, then you are a
Communist," he charged. He also
displayed several clippings from
Southern newspapers, linking the
Student Non-violent Coordinat-
ing Committee and the Congress
on Racial Equality with commun-
Wilkinson congratulated the un-
iversity for upholding "Braden's
and my right to speak and your
right to listen."
"Wherever there have been
those working for social reform in
areas in which they are opposed
by members of the committee
(HUAC), they are effectively stop-
ped," he asserted. He felt that this
issue transcends political party
USSR Balks


Yankeesm in in Series Opener, 6-2,

Behind Ford

SAN FRANCISCO W)--Steady Whitey Ford rose to the occasion
once again yesterday, settling down after a shaky start, and won his
10th World Series game for the New York Yankees with a 6-2 decision
over the weary San Francisco Giants in the Series opener at Candle-
stick Park.
The stocky 33-year-old left-hander who has won more Series
games than any other pitcher, saw his scoreless streak broken after
33 2/3 innings but calmy set down the Giants while scattering 10
hits along the way.
Mays a Constant Tormentor
Only Willie Mays, his tormentor in All-Star games, and Jose Pag-
an gave Ford trouble consistently. Each collected three singles. Against
Ford in All-Star and Series play, Mays now has nine hits in 11 at bats.
The American League champions, who have won 19 of 26 previous
Series, went about this in methodical fashion against the Giants, who
Wednesday finished a wild best-of-three playoff with the Los Angeles
Dodgers for the National League pennant.
Clete Boyer contributed the big hit, a 365-foot home run off

tee were present here, Rosellini
said he did not think the subject i
would be revived when the full!
committee met in January. He,
said none of the other governors GENEVA (R) - Soviet Delegate
he had communicated with had Semyon K. Tsarapkin told the

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