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December 09, 1962 - Image 1

Resource type:
The Michigan Daily, 1962-12-09

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U Paternalism Seen
n 'No Man's Land'
The question of University paternalism and responsibility towarc
students has come in for much discussion around campus ever since
the examination of the Office of Student Affairs was started; yet
nothing concrete has ever come out of these discussions because
legally the area is a "no-man's land."
This no-man's land in large part stems from the fact that the
University, somewhat uniquely, has a "constitutional corporation'
governing it, Prof. William J. Pierce of the Law School, director of
the Legislative Research Center explains.
"It has been interpreted by the courts that The Regents are free
from legislative interference. This has been carried even further re-
cently by Attorney General Frank Kelley's recent ruling that a rider
on the University appropriations bill is unconstitutional."
Delegate Authority
Thus the Regents are the governing body of the University. As
such they are allowed to delegate their authority but they cannot
abdicate their ultimate responsibility for the University. They are
its final 'law-making' authority, but their laws governing the Uni-
versity community are only regarded as rules and regulations by the
state. When someone thinks these rules and regulations come into
conflict with the state constitution, "nasty problems arise."
Prof. Pierce explained that a student who wants to test ' the
consitutionality of a University 'law' would !have a difficult time.
"The student would first have to break the regulation and be disci-
plined for it. He would then have to go to court and get a ruling on
whether the regulation applies in, that specific case. Thus the judge-
ment would be on the constitutionality of the law as applied to a
specific case as such and not on the constitutionality of the Uni-
versity rule.",
He added that a Iuling on a specific case would set a prece-
dent which might well influence future cases, but that these prece-
dents are open to an interpretation of what the court actually meant
and what the extensions of the ruling are. "This is what lawyers
fight about. The question is where do you draw the line between con-
stitutionality and what is best for the student."
Submit Letters
He cited as an example a state mental hospital which requires its
patients to submit for examination by the hospital staff any letters
they send out. "This is done to protect the patient later on from any
mistakes he might make while ill. Yet it is still outright censor-
ship, and thus contrary to the constitution. Something like this can
only be reasonably decided on a case to case basis."
Some states have a procedure whereby an existing or proposed
law can be submitted to a court for an opinion on its constitutionality.
Before this was adopted, courts followed the lead of the Supreme
Court in not hearing any hypothetical cases unless there was no
As such, Michigan follows the Declaratory Judgment Procedure,
"but it has been very strictly interpreted to the point where you al-
most need a controversy to get a ruling."
Legal Rights
The question of whether there are any legal rights which have
been violated is also a difficult one, he added. It's true that the 14th
Amendment does not limit itself to adults, but if something is called
a privilege then it does not apply.
The University can decide to close one of its buildings to stu-
dents, because student use of the building is only a privilege. It de-
pends on what is considered a reasonable regulation from the stand-
point of the University operation.
Turning to the problem of illegal search, Pierce pointed out
that if the police force their way into one's house and secure evi-
dence to use against him in a criminal jproceeding, he can have that
evidence suppressed. Students also have this protection.
Criminal Proceedings
However "students do. not have this protection against Uni-
versity investigators, because, the law only applies to criminal pro-
ceedings Since the University is a constitutional body, it can make up
another name for disciplinary proceedings and expel a person just like
a fraternal organization. Michigan also has an Administrative Pro-
cedure Act which outlines the procedure for holding hearings on
government agencies and officers, but the University is not bound
by this either."
Bringing in an additional factor, he pointed out that, in most
cases, neither the student nor the University wants the publicity
which would result from a court case, and "this is a very important
He summarized the situation by noting that the University
considers itself a "benevolent fiduciary"-a guardian to a ward-
because of the pressures from parents and the Legislature. "With
the tremendous demand for money from all parts of the state, it is
relatively insignificant things like student action which may influence
whether the University will get adequate financial support."
Volence Urges Incr

To Ben Bella.
ALGIERS (A') -Five Frenchmen
.and an Algerian were killed in :::<:::.4 , :>:::>:::
three violent incidents in Orleans- :, .
ville yesterday, resulting in a vig-
orous diplomatic protest by France
to Premier Ahmed Ben Bella s
The incidents came only four ?:,.:~}?
*days after the French government <<U
reported it would keep a sharp
eye on Ben Bella's ability to main-
tain order in his country. This is
a primary French condition for
-future foreign aid.
The French embassy said in a
statement that the dead Moslem!
was a uniformed soldier of Wilaya
(military zone) four, which has not
yet been brought under control JOHN BINGLEY
of the Algerian government's offi- ..University rules
cial army. It said the Moslem was .
shot by a French sentry, while
trying to penetrate into a military
camp. a
The Moslem combat unit in the e
area during the revolution, is re- GprP Sessio
ported still holding the dominat-
ing position despite the presence *,
of elements of Ben Bella's National On hiosop t
People's Army, which spent the
war outside the Algerian frontiers. PALM SPRINGS WP)-Oregon's
The gendarmes and soldiers re- Republican governor suggested
mained in Orleansville to protect yesterday that New York Gov.
the estimated 300 Europeans Nelson Rockefeller and Senator
An Algerian government state- Barry Goldwater of Arizona hold a
ment said Ben Bella; and Foreign summit conference to develop a
Minister Mohammed Khemisti new Republican philosophy.
have launched an investigation of Governor Mark Hatfield, ad-
the incidents. dressing the California Republican
The French protest requested Assembly, said Republican Party
that "all measures demanded by thinking has become polarized
the situation" be taken urgently. around the two GOP leaders. But,


gilt !A&l

44 &
471 a . tly

Seventy-Two Years of Editorial Freedom

Members Offer
To Talk toHUA
IIOl Peace Group
Members of the Ann Arbor Women Strike for Peace have decided
to go to Washington to volunteer to testify before the House Com-
mittee on Un-American Activities, Mrs. Tamara Slobodkin, a spokes-
man, announced yesterday.
HUAC has scheduled hearings on alleged Communist efforts to
infiltrate non-Communist peace organizations and slated the Women

SReport Redates Life on Earth.

Burg Says
U' Violates
Game Laws
The University has been accused
of violating a state, conservation
law at its' Edwin S. George Wild-
life Reserve according to an article
in yesterday's Ann Arbor News.
John F. Burg, whose farm in
Pinckney, is near the reserve, has1
sent letters to the University and
the state conservation department
asking that hunting at the reserve
be halted until fences around the
reserve, some of which the News
Sreportsare only 47 inches high,
are built up to the eight foot min-
imum specified in laws governing
issuance of the Game and Fur
Breeders license under which the
University operates the facility.
No Hunting
The paper reports that Prof.'
Theodore H. Hubbell, a director
of the University's Museum of
Zoology and the George Reserve,
as saying that the University will,
not allow any more hunting at the
reserve at thefrequest of Harry
D. Ruhl, chief of the conservation,
department's game division. j
University attorney E. A. Com-
miskey has declined to comment
on the matter, as has Prof. Archi-
bald Cowan of the wildlife man-
agement department.
No Legal Action
Ruhl, however, said that despite
the precautions he was "not awarei
of any legal question or of anyoneI
taking any legal action." He said
he knew of no violations whichf
the University had committed at
the reserve.c
Dean of the natural resources!
school Stephen H. Spurr said, "Wec
are raising the fence." He indicat-t
ed that the work had been startedt
a while ago, but that it has stop-i
ped because of a temporary short-
age of 11-foot cedar poles.I

Strike for Peace as the first
group to be questioned.
"Ann Arbor Women for Peace
responds willingly to the desire of
Congress to know about the Wo-
men Strike for Peace movement,"
a statement issued by women said.
Indicates Disapproval
The statement from the local
chapter, however, indicates dis-
approval of HUAC's past actions.
"We do feel that HUAC has often
sought to hamper the free discus-
sion which we feel is so important
to the resolution of conflict."
The decision to volunteer to
testify does not bind the whole
local group and only some of the
members will go to Washington.
The group is circulating a tele-
gram which it intends to send to
Congressmen. "We urge your per-
sonal attention to the forthcoming
investigation of Women Strike for
Peace by HUAC. We are concern-
ed that these hearings be con-
ducted with an awareness of the
unique and valuable effort for
peace which is being made by this
movement and with all regard for
principles of fair interrogation,"
the telegram states.
Reiterates Point
The statement reiterated a point
made by a statement released Fri-
day by the national organization.
"Women Strike for Peace is not
an orginization and has no mem-
bership as such; it is a movement
open to women of all races, creeds
and political persuasion. Since
there is no organization no party
or special interest group could in-
filtrate or control it.
"Women respond individually
to any given action or issue ac-
cording to their own particular
interests and concerns and are
not committed to any official pol-
icy other than a desire for world
peace. These women participate
as individuals and all decisions
are reached through group discus-
sion and true democratic pro-
cesses," the local group stated.
On Friday, Detroit women in the
organization declared that they
were going to Washington to pro-
test the actions taken by the com-
The investigations will be held
Dec. 11-13.


Evidence that there was life
on the earth nearly three billion
years ago-almost two billion
years earlier than. previously es-
timated-was reported yesterday
by the Carnegie Institute of
The evidence suggests the liv-
ing things consisted of one-celled
green plants called algae. The
achievement was credited to Dr.
T. C. Hoerring of the institute's
geophysical laboratory.
Prof. Donald F. Eschman, chair-
man of the department of geology
and mineralogy, pointed out that
this work was just another bit of
the increasing, but indirect, evi-
dence on organisms of great age.
Ancient Rocks
Hoerring came up with the evi-
dence during a study of ancient
rocks, including some limestone,
from SouthernsRhodesia estimat-
ed to be at least 2.7 billion years
old. He used delicate techniques
to measure amounts of different
isotopic carbon forms found in the
rocks. He found clues indicating
that algae, which contain carbcn,
were living at the time the rocks
"Certain isotopes of carbon are

eased Faculty Relations
"Fraternities should develop a faculty associate program like thej
residence halls have in order to break down the feeling that the faculty
is unapproachable," Director of Student Activities and Organizations
John Bingley said last Wednesday.
Bingley spoke to the Interfratenity Council administrative board
which met to discuss the University's rules and conduct in the
fraternity system and the relation-*---

Views 'State
The Baker vs. Carr decision
simply means the Supreme Court
has a right to examine state ap-
portionment in light of the United
StatesmConstitution, Prof. Jerold
Israel of the law school said re-
The decision had two immediate
effects. The most significant was
in staying for the first time that
"apportionment can be judged in
terms of the federal Constitution
under the fourteenth amendment."
It also gave impetus to state courts
in considering the question in re-
lation to their own state consti-
Prof. TIrael explained that, al-
though the Colegrove vs. Green
decision had previously prevented
the Supreme Court from entering
into what was termed a "political
question," no such prohibition ap-
plied to state courts with respect
to state constitutions. In fact,
courts in Arkansas and Hawaii
have already done so.
General Trend
The general trend, however, was
for courts to shy away from ap-
portionment cases. This trend was
reversed by the Baker decision,{
which has brought on more judi-
cial activity in this area, Prof.
Israel said.
The Baker decision was based
on the "equal rights and protec-
tion" clause eof the fourteenth,
amendment. "Equal protection,
however, does not necessarily
mean equal treatment, but only
that unequal treatment have a
reasonable justification," he said.1
The Tennessee case involved not
only a clearly arbitrary apportion-
ment scheme, but the lack of any
method by which the people couldj
change it, except through the leg-
islature, he explained. Thus, the,
question of what constitutes rea-
sonable justification remains tof
be defined.
Non -Population Factors f
Concerning the legality of one1
house of a state legislature based
on some factor other than popula-
tion, Prof. Israel noted both "his-
torical justification" and the "fed-
eral analogy."
Historical justification is based
on the argument that Congress
would not accept a new state
whose constitution contained arti-
cles contrary to the United States
Constitution. Since Congress could
find no inequalities, there could
not be inequalities in the original
Prof. Israel said that shifts in
population or areas of population
concentration can cause a signifi-
cant change in the effect of thej
original provisions. Pointing to
some apportionment plans, he
said that "although they were
based on geography, the popula-
tion was not spread as it is today
such as a Wayne County versus1
the rest of the state."
Subsidiary Bodies1

..old algae, new date
related to life. The relatively high
proportion of these isotopes may
indicate that life existed at the
time the rocks were formed. The
evidence indicating the age of the
rocks is taken from igneous rocks
that contain certain radioactive
minerals," Prof. Eschman said.
"One of these is uranium. An
isotope of uranium breaks down
into lead, with a half-life of over
seven billion years." (The half-
life of a radioactive element is
the time in which half of the ma-
terial will break down from its
"mother" form into its "daugh-
ter" form, in the case of uranium
being lead.)
Calculate Date
"By taking the ratios of xhe
uranium and the lead in the rock,
a date can be calculated for its
formation," Prof. Eschman said.
"We know that all the phylums
except one (the vertebrates) exist-
ed 500-600 million years ago.
These known forms are complex
and common sense tells us that
simpler forms existed before this
time. But we haven't found any di-
rect evidence of their existence.
"Hoerring may not have seen
any algae-he only may have seen
traces of carbon that such a type
of life may have left behind."
Ancient Life
Other indirect evidence of an-
cient forms of life has been found
in Grenville limestone with un-
usual amounts of graphite. This
Argus Plans
To Cut Back
Camera Work
Argus Camera Inc. announced
yesterday that it will halt camera
production at its Ann Arbor plant
within the next six weeks.
The plant now employs 425
people in camera production and
the move is expected to fore 2 the
layoff of some 100 employees, Ar-
thur Parker, Jr., personnel man-
ager said.
Three lines of cameras will be
discontinued. Parker said that the
firm may 'resume production in
the future but he doubted that it
would be resumed in Ann Arbor.
Parker blamed "very poor" cam-
era sales for the decision. The
manufacture of optical equipment
and some components will con-
tinue, however. I

form of carbon is of organic ori-
"However, not all people are
convinced by this evidence," Prof.
Eschman said. 'They believe that
the evidence indicates an inor-
ganic and not an organic origin."
Evidence of algae was found
also in some younger rocks, in-
cluding limestone from Glacier
Park, Mont., with a minimum age
of 1.2 billion years, and dolo-
mite from Crystal Falls, Mich.,
with a minimum age of 1.5 billion
'Fatty Acids'
In the same Carnegie labora-
tory, researchers Philip H. Abel-
son and P. L. Parker found in 500-
million-year-old rocks evidence of
"fatty acids'-chemicals which
are among those characteristic of
life in higher forms which devel-
oped later.
Their findings marked the old-
est known occurrence of these sub-
stances, Haskins said.
Anthropologists figure that apes,
the animal closest to man, lived
at least 25 million years ago. The
earliest known human beings
existed less than two million years
ago, although famed British an-
thropologist L. S. B. Leakey says
there is evidence creatures having
characteristics "heading in the di-
rection of what eventually became
man" existed 14 million years ago.
To Increase
The nation's experts on college
admissions warned administrators
yesterday to expect a 50.5 per
cent increase in the number of
applicants seeking to enter college
in 1964. and 1965 as compared
with 1963.
In issuing this report, based on
three studies, the College Entrance
Examination Board declared that
school and college administrators
were "just as unaware of the mag-
nitude and implications of these
increases as the board staff had
In an article published in the
fall issue of the College Board
Review, George H. Hanford, vice-
president of the board, notes that
educators have expected enroll-
ments to double in the current
decade. It now appears, he writes,
that half of this ten year increase
will come in the 1964-65 and 1965-
66 academic years.
The number of college entrants.
is expected to increase by 225,000
in 1964 and by 215,000 more in
Hanford says that increases
based on population growth alone
will almost certainly err on the
conservative side because the per-
centage of high school seniors who
want to go to college has risen
steadily and must be expected to
continue to do so.
Although all colleges are expect-'
ed to be affected, the prediction
is that the additional pressure
will be 'less severe on the most
selective colleges, where competi-
tion is already extreme.
Hanford urges colleges to pre-
pare and bolster their admissions
offices without delay. He also
advises private colleges to con-
sult state universities end other
public institutions "which usually
are well informed on in-state stu-
dent population statistics."
deopyright 1962. The New York Times

'Voice Hits
D is 40S
The Executive Committee of
Voice Political Party issued a
statement yesterday condemning
the firing of Prof. Samuel Shapiro
by Michigan State University-
Oakland officials.
The motion stated that: "The
Executive Committee of Voice con-
demns MSU-O's refusal to renew
the contract of Prof. Samuel Sha-
Piro as an action with serious im-
plications for academic freedom.
Although MSU-O has not stated
reasons for the action, Voice be-
lieves that the action is a reprisal
against Prof. Shapiro's public and
controversial views on United
States foreign policy particularly
as it regards issues concerning
"Voice will support actions in
protest of MSU-O's decision."
To Demonstrate
Richard Rice, of the Socialist
Club, announced later that a group
of students will leave at 1 p.m.
today to go to Rochester, Mich.,
home of MSU-O, to demonstrate
opposition. to the firing.
MSU-O Associate Dean George
Matthews said that the "principal
factor" in Shapiro's release was of
an academic nature, but he did not
indicate any specific matters.
"They are private," he said.
Matthews also said that Shapiro
"would have had a better chance"
of being retained if he had writ-
ten and said less about Cuba and
Latin American affairs.
Expect Work
"We expect a certain amount of
scholarly work in his field of spe-
cialization (American History) ,"
Matthews said.
In a telephone interview last
night, Shapiro said that he has
"taught American history regular-
ly at MSU-O. I'm still very much
interested in American History."
Shapiro is head of the history
department and has taught "every
semester I have been here, either
introductorycourses or courses in
the Civil War." He is now teaching
a course in Negro history in Amer-
Published Biography
Shapiro recalled his recently
published biography (1961) of
Richard Henry Dana,-"a work very
much a part of American History."
He has just finished a book con-
cerning United States-Latin Amer-
ican relations, and is "presently
working on a book which will dis-
cuss Daniel Webster in his years
as United States secretary of state.
"The university knew of this
work. In fact, they gave me a re-
search grant to gather material"
for the Webster book.
"I have prepared an anodated
bibliography of over 1,000 paper
back books dealing with American
history and submitted that list to
the MSU-O library."
Shapiro said he was "surprised"
by his release, but that he could
not appeal the matter because he
does not possess tenure..
Shapiro has written extensively
on Latin America for the last
three years. In January, 1961, he
visited Cuba with members of the
Fair Play for Cuba Committee.
"His writing has been on the
level of journalism," Matthews
said, "and in a man seeking tenure
we look for scholarship."

1 ship between the fraternity sys-
tem and IFC.
He noted that the University
does not police fraternities and
that they should handle that
Pleased with Results
"We are generally pleased with
the results. It is best for the fra-
ternities to clean up their own
houses." I
When one fraternity house is in
trouble, the whole fraternity sys-
tem is in trouble, Bingley said.
Houses which are having problems
should be assisted by IFC in seek-
ing a solution to the situation.
IFC should tsep into the situation,
when a chapter openly violates a
rule, he added.
When a student becomes in-
volved with the Ann Arbor police
and still falls under the jurisdic-
tion of the Joint Judiciary Coun-
cil, it becomes a dual responsibil-.
ity of both organizations to help
the student.
Fine Organization
"Joint Judic is a fine organiza-
tion composed of students who
know what s andards should be
upheld by the students," he
"If the University goes on a!
three semester year, fraternities

Japanese Riot
Against Plan
Of Government
TOKYO (/P)-About 3500 leftist
Zengakuren students clashed with
1500 riot police yesterday in a,
street demonstration, opposing a
government plan to tighten control
of state-run universities in Kyoto.
Police said seven policemen were
injured, one seriously. The demon-
strators claimed 21 students were
injured during the four-hour me-
lee in Kyoto, 350 miles southwest
of Tokyo.
Seven student leaders were
taken into custody for obstructing
police duties and blocking traffic.
In Tokyo, 500 Zengakuren stu-
dents scuffled with 200 policemen
in an attempted march on parlia-
ment. Police held two students in
The Zengakuren Student Feder-
ation is campaigning against a
government attempt to draft a bill
which would empower the educa-
tion minister to veto election of
presidents of state-run universities


Rush Passes First Stage





Registeration for sorority rush
closed yesterday at 5 p.m.
Rushing will start Friday, Feb-
ruary 1, and will continue through
Sunday, February 24.
Addressing prospective rushees
at a mass meeting earlier this
week, Panhellenic President Ann
McMillan, '63, urged them not to
make sorority preferences.
Human Institutions
She said that, "sororities are
human institutions and inherent
in all institutions are some fail-
Sororities were founded in the
early 1870's with the emphasis
primarily on social functions, Miss
McMillan noted. Recently scholar-
ship has become increasingly im-
portant within the sorority sys-

Joining a sorority is a matter
of choice and each member is
part of the reason why her sorority
is a strong one or not, she said.
Each member is one of 65, 1/65
of the reason why her sorority is a
contributing organization to the
University's general welfare," Mrs.
Leslie said.
"Everyone is a participant in a
sorority, and every, sorority is a
participating organization of the
University," she said.
A member's responsibility to her
sorority goes on throughout her
undergraduate years and even
beyond that, she noted.
Chairman of Rush Barbara
Rady, '63, told rushees the history
of the honor code. "Every woman
is on her honor not to knowingly
influence an independent woman
about rush either directly or in-

The federal analogy argument?
says that both the state and coun-
ty are "subsidiary governmental
units" of the larger body. States,;
however, may abolish or alter
counties without their permission,
while the federal government can-

will nave difIiuilty sedauling
fraternity activities. Rush will by professors.
start at the same time, but the

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