Sev&ty-Third Year EDrED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN 'UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS "Where Opinions Are F STUDENT PUBLICATIONS BLDG., ANN ARBOR, MICH., PHONE NO 2-3241 Truth Will Prevail"' ' Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. ThA must be noted in all reprints. )NESDAY, DECEMBER 5, 1962 NIGHT EDITOR: GAIL EVANS City Council Blind To Proposed Danger NO PERSON SHALL: 15. engage in any disturbance, fight or quarrel in a public place. 16. collect or stand in crowds or engage, encourage or abet the collection of persons' in crowds for illegal or mischievous pur- poses in any public place. -Section 9:62, Disorderly Conduct Chapter, Ann Arbor City Code WPTO NOW, these two sections of the City Code have been used, though very rarely, to deal with student violence. However, fights have recently broken out between University and high school students and the police de- partment wants stronger regulations to cope with the problem. Last Monday, City Council accepted on first reading a proposal to give the police added power in this area; if council again approves the motion on the second read- ing next week, it will become law. The present statutes on disorderly conduct are bad enough. For example, the city code makes it a misdemeanor to engage in a quarrel in a public place. A quarrel, unless some legal definition is hidden in the books, is generally a non-physical dispute. Only a city with an extreme passion for peacefulness would attempt to outlaw "quarrels in a public place." It is nevertheless dangerous to have such a broad statement in the law books for one can never know when he is going to be arrested. In addition, the present city code makes it a misdemeanor to stand in a crowd for a "mischievous purpose." Again, unless the word contains a hidden legal meaning, mischief is usually particularly annoying jokes or fun. Most boys, if this regulation were broadly in- terpreted and strictly enforced, would be guilty of a misdemeanor. Again, it is dangerous to have such a sweeping statement in the law books. These laws would probably hold up in court simply because disorderly conduct is an area in which vague wording and obvious general- ities are deemed necessary. The question how- ever of whether the proposed amendment to the city charter would hold up in court is not at all clear, THE PROPOSED amendment alters sub- section 15 to read: "No person shall engage in, or attempt to create any disturbance, fight or quarrel in a public place or go to or remain at such place for the purpose of pro- voking a fight or quarrel." The proposed law is much more vague than the one it is intended to replace. The police, officer who must decide whether or not to make an arrest must answer the following questions: 1) How close must a person be to a specific place before you arrest him for going there? 2) How do you know someone is going some- where to provoke "a fight or quarrel?" Must he be carrying weapons or must he just look angry? How do you know he is more than curious about a fight a few blocks away and intends to participate in it? How do you know he isn't going to try to break it up? It is obvious then, that the proposed statute is a masterpiece of vagueness. It is so vague, in fact, that it comes dangerously close to threatening a citizen's freedom of !assembly. The Washtenaw chapter of the American Civil Liberties Union is therefore studying the pro- posed law. BESIDES THE QUESTION of constitution- ality, which is enough to make anyone cautious about passing a law, is the question of prudence. Is it wise to give the policeman so much power? The question is not whether or not the Ann Arbor police can be trusted not to overstep flagrantly their bounds in executing the new law. The question is whether a police officer, who must always make a quick decision, should carry the burden of interpretation, and should be liable to suit if he makes a wrong inter- pretation. For, if the policeman makes a wrong decision, arresting a boy who is later found not to have broken any law, he can be sued. The proposed law, therefore, gives-perhaps unconstitutionally--more power to a policeman and with the same stroke gives a policeman a terrible decision to make in a short amount of time. Such a law at least deserves a great deal of discussion before it is passed. BUT THE situation Monday night was exactly the opposite. City Council refused by a vote of 8-3 to schedule a public hearing on the proposed statute. Only Democrats Lynn Eley and Mrs. Eunice L. Burns and Republican Wendell E. Hulcher voted for the hearing. And only Eley and Mrs. Burns saw something wrong with the amendment to the city charter. In fact, Mayor Cecil 0. Creal thought it was far more pressing to get the meeting over with than to discuss the proposed law adequately. He was quite reluctant to let Eley speak and at once point severely limited the amount of time he gave Eley. The rest of Council just sat there wondering what all the fuss was about. When their time came to vote, they all voted for the proposal, displaying a remarkable indifference to prob- lems of civil liberties. Council will probably give final approval after a second reading next week and the proposed statute will become law. When a city government considers such im- portant and complex issues as disorderly con- duct and civil liberties with less interest than it considers traffic and parking problems, then something is probably wrong. And when councilmen zip through the agenda, not even realizing that important ques- tions are at stake, then something is most definitely wrong. --RICHARD KRAUT The Philharmonic Hall Access to Information P EEDOM OF ACCESS to information is not too well respected within the University. Last week, the question of closing meetings to press and public came up twice and the results were mixed. On Thursday, the Graduate Student Council voted to strike a clause from its proposed new constitution that would have given GSC power to hold secret sessions. It was an act of courage and faith. The next day, Vice-President for Student Affairs James A. Lewis in a pre-emptive move announced that he himself would decide whether The Daily would be permitted to cover sessions of the new OSA advisory com- mittee. The usurpation of the 1 committee's 1ight to set its own procedures is an affront to its members and to the University com- munity which expects an autonomous com- mittee. The standard arguments for closed meeting -consideration of delicate information and personalities that would be harmful in public -came up. But the majority of GSC members argued that the council had little business that would be better discussed in secret and that, even so, The Daily could be trusted to handle the matter tactfully. So, out went the secrecy clause of the new GSC constitution. THE COUNCIL exhibited unusual fortitude in opening all sessions to the public. Most campus groups-from the Regents downward- 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 prefer to handle touchy issues in private, put- ting an innocuous front before the public. How- ever, GSC is willing to put its individual and collective opinions to'a grueling test by placing them squarely open to inspection. Further, it was willing to trust the press to cover the meetings accurately, fairly and tactfully-a trust The Daily has established through years of dealings with GSC. The council has not only accepted a great respon- sibility, it has also placed a significant burden upon the campus newspaper. ON THE other hand, Lewis; by usurping the advisory committee's right to set up its own procedures, displayed no trust in either his group or The Daily. The committee was es- tablished following recommendations of the Reed Committee for an advisory group that will serve as a channel of student and faculty opinion to Lewis. It is an independent body set up to advise the vice-president about stu- dent and faculty views on OSA policy and to transmit information to their constituencies. His announcement indicates that the advisory group will be an "advice device" subject to the whim of the vice-president for student affairs. It is a very revealing action. If the com- mittee cannot even decide whether its meetings are to be open or closed to the press, what can it decide? The committee's lack of author- ity to establish its own procedures is a strong indication that Lewis plans to use the com- mittee as a rubber stamp. IT IS TRUE it can be argued that the com- mittee will consider touchy subjects. How- ever, the group is the only structural link be- tween the student body and the policy making levels of the OSA. It has a duty to air im- portant OSA issues, to keep its constituency informed of the status of alternative policies and to assure the various represented segments of the University community that their views By MARK SLOBIN Daily correspondent TALKINGABOUT Philharmonic Hall is a ticklish problem; in the short time that has elapsed since opening night, September 23, it has been a prime subject of discussion and controversy in New 'York. To begin with, it should be said that the judgment of the hall's architecture and decor is strictly subjective. There are no experts in this sort of taste. There are, however, altogether too many ex- perts when it comes to the ques- tion of acoustics; this article will attempt to cover both areas of discussion. Whether one likes Philharmonic Hall or not, it is a reality, and it will be with us for a long time. Since the opening, it has proven to be amply satisfactory in pro- viding additional room for the vast number of concerts that over- whelms the city. Almost any night one can see the glittering show- case effect produced by the trans- parent architecture of the audi- torium on Broadway and 66th, as concertgoers are highlighted against the interior lighting and the roomy promenade area ex- tending across both street sides of tlfe building. THIS SHOWCASE effect is the most frequently commented-on feature of Philharmonic Hall. Even those who dislike the building are forced to say, with an ironic smile, "it certainly has enough room to move around in during intermis- sion," implying that this is the only positive feature of the hall. I would tend to agree with the critical appraisal of the building. It is interesting to note that one rarely, if ever, hears anyone say that he is completely satisfied with the hall, or even more than just reasonably content with the new structure. A major source of criticism is the arrangement of space within the hall. One's first impression may well be "why all this empty space for just one auditorium, and that not such a larger one either?" The building, which cost $15.5 million, is constructed like a series of nested boxes: there is the outer receiving area, which serves no particular function except to house the Philharmonic Cafe, about which more will be said below. Then there is the series of long, wide corridors, uncarpeted, which led one usher to say that working in Philharmonic Hall is like "work- ing in a hospital," with its un- adorned stone hallways. Inside is the third box, encased by glass partititions, which surrounds the auditorium itself and serves as foyer to the actual musical arena for which the building was built. This is a carpeted box. LAST, and not least in function, although appearing so in the em- phasis on outside space, is the auditorium. Again, personal taste dictates a favorable or unfavorable impression, and my impression re- mains unfavorable after several visits. There is a barrenness about the hall, somewhat similar to that of Detroit's Ford Auditorium, which is in good modern taste perhaps, but which seems almost austere by comparison with the lush Metropolitan Opera House, or even relatively unadorned Car- negie Hall. The three balconies. or called, so that one lacks the feel- ing of largeness and open space familiar to Carnegie _ Hall and many other auditoriums. Though thereare roughly the same number of seats at Phil- harmonic Hall as there are at Carnegie, one has the impression of a smaller place. The interior colors are very dark royal blue for the walls and subdued golds for the sweeping terraces and seats; there is little glitter. Before getting on to the acous- tical problems-a very sensitive issue with Lincoln Center people, as well as newspaper critics-one more short description is in or- der. Perhaps the weakest impres- sion the hall gives is its entrance lobby. After watching the gleaming place from outside and walking under the long canopy, one enters into a large empty space on one side, broken only by a rather in- congruous-looking escalator, and nearly trips over the Philharmonic Cafe on the other side. The Cafe is worth mentioning in its own right. Prices are slightly above the reach of most concert- goers: coffee and tea run 40c, lunch from $2.50-$3 (the cheapest sandwich is $1.50), and dinner is around $7.50. For this there is a fine view of the escalator and hallways. * * * BUT ABOVE and beyond the physical layout of the building lies the problem of acoustics. Through- out the opening week ballyhoo of publicity, one heard that "The design of Philharmonic Hall has been guided by acoustical studies of 54 concert halls around the world," to quote the official bro- chure, and the name Leo Baranek, acoustical consultant, was featured prominently. After opening night and the following days, the press was filled with "fever charts," as one critic put it, of the acoustical state of affairs. Since then, con- tinuous alterations, and confer- ences by leading Lincoln Center lights about alterations, have ta- ken place, and as a result, one is forced to take the sound of Philharmonic Hall into considera- tion when reviewing any event that takes place in the hall. The sound of Philharmonic Hall has, then, not been a constant. It has been described as dry, harsh, mushy, brilliant, and much else in the last month and a half. Originally, critics gave their lati- tude and longitude in the hall when writing a review, to show their particular vantage point for criticism. Current guesses as to when the sound of the hall will settle down to something final and character- istic run from a couple of months to never. It has even been sug- gested that a course in panel- tuning be given in music -school and a set of remote control but- tons be established, so that the acoustics can be modified on the spot according to the piece and group occupying the stage. * * * THE PROBLEM. is not an imaginary one. At a recent New York Philharmonic concert, con- sisting of a Mozart and a Bruck- ner symphony (the foty-first and seventh, respectively), I got the following vivid impression: the right side of the orchestra (celli, basses and perhaps a couple of brasses) was almost inaudible, at least for th nnonn of orchestral LETTERS TO THE EDITOR: In Defense of Pakistan To the Editor: THE LETTER of Mr. Thomas S. David of Bombay, published in your December 2 issue, did not come to us as a surprise. I only wish that he had let the Ameri- cans speak for themselves - at least they would have used a better language. How can he talk about the political somersaults of a country when the one of his own has been a recent exponent in this field and, incidentally, got its nose rubbed pretty badly in this process?. He accuses Pakistan of now trying to adopt a dual policy, forgetting the fact that the past attitude of India has forced us in the pres- ent situation. Our President's move for Joint Defense against China was rejected sometime back on the plea "Defense against whom" - they know it now, I hope. The ex-Defense Minister of India Mr. Khrishna Menon had been making his oft repeated dec- larations that Pakistan and not China is enemy No. 1 of India; and these statements coming time and again from responsible sources did not fail to convince us about the truth. We have every reason to feel suspicious of our big broth- er's intentions, a glaring example of which is the way in which they are holding on to Kashmir with guns, bayonets and few puppets who have lost all the inklings of a conscience. The greatest leader of that land (one time a close friend of Pre- mier Nehru) is now rotting in jail for the past several years and has not been even given a free trial. The people of that land (80 per cent Muslims) have been denied their inalienable right of a free and impartial plebiscite to deter- mine the choice of country to which they would like to accede-;- in gross contravention of a prom- ise made in an august body like United Nations. In its place mock elections were held in the occu- pied portion with a reign of terror let loose-the results of which were obvious. WITH THIS background the common man in Pakistan feels lost and asks himself the question come of which may not be as dras- tic as it has been made to appear. Before concluding I would just like to mention that our friend talks at length about the feelings of a man who has been jilted by girls-perhaps he speaks from ex- perience. I do not blame the poor creatures, but only wish them bet- ter luck next time. -Ahinad Z. Faruqi, Grad Cutouts.* To the Editor: PERHAPS in their next issue, the editors of Generation could both please Prof. Gindin and per-, mit Mr. Wentworth to keep his aesthetic integrity by running a foldout page of Victorian Children cutouts. Mr: Gindin would get, a chance- to see the real Victorian, child-either naked or, to be dis- creet in his grubby"- Victorian Child's underwear. And Mr. Went- worth could continue to "make the Victorian child" (his expres- sion) by carefully dressing the Victorian Children in whatever garb he chooses. Those of us who love Victorian children either dressed or undressed can add a little variety into our lives by playing with the cutouts. -Henry W. DeZutter, '63 Clarification... To the Editor: EGARDING Edward Herstein's editorial in The Daily entitled "Election Violations Mark New Low in Integrity," we would like to clarify a few points which have been misrepresented. First, the materials distributed were election recommendations to the residents of the building from the building's student leaders. These recommendations were made because The Quadrants felt that these recommendations were in the best interests of the men of the quadrangle. * $* HE FURTHER stated "The Quadrants (S Q) signed the hand bill (distributed in S Q) appar- ently believing their action was THIS, THEN, is Philharmonic Hall. One additional fact, that its construction was planned when Carnegie Hall seemed doomed, is relevant. As a completedsubstitute for Carnegie, how would the new hall have worked? Since Carnegie is still filled continually with con-' certs, and hosts several sym- phonies in its own right, one tends to think that Philharmonic Hall would have proven inadequate to meet the needs of New' York's overcrowded musical scene. Following this train of thought, one wonders even more at the number of seats provided for Phil- harmonic Hall; if acoustical con- siderations provided the reason for constructing only 2600 seats, as was reported, it might not really have made much difference if there had been another one or two thousand seats for the people who now, as before, never get in to the New York Philharmonio. concerts. IMPRESSIVE SECOND BESTS: Museum of Art Offers Variety, Interest By GLORIA BOWLES THE MUSEUM of Art in Alumni Memorial Hall has been at the University longer than any of us, but few students are acquainted with- the art, objects of this im- posing building located across from the Michigan Union. Art enthusiasts are.going to the museum to see the current exhi- bition, "Chi-Kwan Chen: A De- cade. in Retrospect," from the Mi Chou gallery in New York and from private collections, but they also discover an interesting col- lection of modern French and European art, and find more proof for the theory that it is human nature to look beyond our im- mediate environment for beauty and esthetic satisfaction. Here in Ann Arbor of all places, we find the painting of those mas- ters whose best work is in New York, London and Paris. But, just the same, the French school Is represented ;in' Ann Arbor with small tableaux of Delacroix, Millet, and Henri Fantin La Tour. The work of Phillipe de Champaigne, whose magnificent and well- known portrait of Richelieu hangs in the Louvre, is at the museum, as is that of another famous por- traitist who came some 100 years later, Jean-Baptiste Perroneau. Neither, of' course, rival the Paris- ian masterpieces, but they are still to be admired. * * * THE pre-impressionist school-- 'Corot, Daubigny, Courbet, and their master, Delacroix are also on display. From Boudin come two small tableaux, one of them Fish. Market, Honfleur. It was at Hon-' fleur that Boudin, with Courbet, began painting in open air, and it is thus that we derive the name Ecole de Honfleur-Saint Simon. In these pictures, we have painting that is still dark, with the artist more interested in atmosphere than light. Impressionism is yet to be born! From the twentieth century there is a small, and colorful "Ac- robats," done in colored crayon by Alexander; Calder, the American artist whose exposition of mobiles was a great success at Tate Gal- lery in London this summer. And in order to make room for Calder at the August exhibition, Tate moved to the'basement -some work of sculptor Henry Moore, whose lovely "Figure in Wood" is on dis- play here. Proving that anything signed by Picasso will sell and be displayed is a charcoal sketch of a horse in motion. George Bracque's impres- sion of a violin, in the Cubist tradition, looks like a Picasso ,ol- lage of the same subject in Lon- don. Another room has a colorful exposition of color lithographs from the Museum of Modern Art in New York: Toulouse Lautrec and his famous Jane Avril; one from the Dabis, Mauris - Denis; another drawn by Jacques Villon -this a poster of the rue Cusas in Paris, Ojust off' the Boulevard Saint Michel in the center of the Latin Quarter, apparently as no- torious a street in Villon's time as it is today. And a few steps beyond, there is an entire wall covered by a mag- nificent panoramic Flemish tap- estry in typical hues of green and brown .. * * * I HAVE primarily touched on the French school. Each visitor to the museum will find objects of art-not masterpieces, many leav- ing something to be desired-- certainly not measuring up to the greatest that each artist has done, but still interesting, and relative to individual artistic experience. (Students of literature stopping at the Museum should not, how- ever, confuse "Courtyard in the