, JANUARY 16, 1963
THE MICHIGAN DAILY
PAE
JANUARY 16, 1963 THE MICHIGAN DAILY
ILKER CASE:
Watson Cites Laws on Sanity
Recent Congo Actions
Cause Great Concern
By BARBARA PASH
The case of former Major-Gen-
eral Edwin A. Walker, ret., is in-
teresting because it could have led
to a clarification of the law re-
garding competence to stand trial,
Dr. Andrew S. Watson of the Med-
ical School explained.
Dr. Watson was on the board of
physicians which examined Walker
in a pre-trial procedure to deter-
mine his competence or incompe-
tence to stand trial before a fed-
eral court for his activities in the
University of Mississippi riots.
"The federal statute states that
a person is competent to stand
trial if he knows the nature of the
proceedings against him, is able
to cooperate with counsel in his
own defense and is not insane,"
he noted.D
e No Definition
However, the law doesn't define
r what is meant by insanity. The
legal term insanity can mean many
things. By defensive definition, it
is interpreted to mean not knowing
the nature and consequences of
one's action, not knowing the dif-
ference between right and wrong
and suffering from a mental ill-
ness.
"At first in the Walker case, it
appeared that his lawyers would
fight the competency test itself
and all these legal terms had the
possibility of being clarified.
'Legal Rubble'
The main difficulty, he noted,
was that usually lawyers handling
these cases don't understand psy-
chiatry and psychiatrists do not
know law. The board, therefore,
was anticipating the possibility of
clearing up the "legal rubble."
The charge against Walker was
placed by federal officials. "Walk-
er challenged the government's
authority in Mississippi. One can
challenge federal authority legally
and in writing but when a person
calls for action or in fact resists
federal activity, this is insurrec-
tion," he continued.
Questions Competence
As soon as Walker was arrested
and charged, the question was
raised by the federal attorney of
his competence to stand trial. This
EDWIN A. WALKER
... controversy
Muncy Explains Positions
On Constitution, Tax Issues
By MARGARET GEKAS
Michigan's two burning politi-
cal issues of the moment - the
proposed constitution and tax re-
form -- are viewed with quiet dis-
dain by the state's Socialist Labor
Party.
"No revision of a constitution
can alter the basic economic con-
ditions which underlie unemploy-
ment, problems of age, juvenile
delinquency or war," Ralph Mun-
cy, chairman of the .party's cen-
tral committee, declared in a re-
cent interview.
"Domination by the capitalist
class goes on regardless of a con-
stitution," he said. The major con-
cern of the party on this issue is
that if the proposed constitution
is approved, new or minor parties
will face greater obstacles when
trying to place a candidate on the-
ballot.
Another thorn in the Socialist
Labor Party's side is the possible
elimination of equal time provi-
sions on radio and television.
Since most of the party's funds
come from its relatively small
membership, it does not have suf-
ficient resources to cover the extra
cost for the use of new media.
This problem is particularly
acute for the Socialist Labor Par-
ty because, as a minor party, it
must rely on persuasion and com-
Educator Cites
Public School
Enrollments
Eighty per cent of all college
students in Michigan are in pub-
lic institutions, according to Mer-
ritt Chambers, the University's
visiting professor of higher educa-
tion.
Prof. Chambers noted that
Michigan has a higher percentage
of students attending public in-
stitutions than states in the sur-
rounding area..
His remarks come from a new
book, "Chance and Choice in
Higher Education."
He observed that out of 2,000
institutions of higher education
in the United States, 800 are pub-
lie and 1,200 are private.
"The balance between public
and private varies greatly among
the 50 states, generally being
heavy on the private side in the
Northeastern states, and heavy on
the public side in the Western
states," Prof. Chambers noted.
municatory activities instead of
formal power.
As for tax reform measures,
such programs have little mean-
ing as far as the party is con-
cerned, except for-their effect on
workers. "If the worker pays a
tax, it is an indirect tax for the
capitalist employer," Muncy, who
resides in Ann Arbor, explained.
Branson To Talk.
To Mineralogists
Dr. Carl Branson, lecturer of
the American Association of Pe-
troleum Geologists, will address the
University Geology - Mineralogy
Journal Club at 8:00 p.m. tomor-
row in Room 2054 of the Natural'
Science Bldg. He will speak on the
"Pennsylvanian System of the
United States."
question can be brought up by1
prosecution, the defense or
court.
"I spent two days with the bo
exploring the kinds of legal qu
tions and medical implications
the Walker case. We had to tra;
late the question of sanity i
operational terms in the contex
our psychiatric training. We ca
up with many alternative lines
procedure," he continued.
A letter was sent to the co
requesting clarification as to wh
alternatives to follow, but the co
declined to comment and
board was left on its own.
Submit Report
Walker was placed in the U
versity of Texas Hospital. Staf
ard tests were conducted an
report was submitted to the co
presenting the medical findir
"We merely gave the data fr
which the court could deduce
own conclusions.
"I cannot say anything ab
our report because it is not p
of the public record. We did
say whether Walker was com
tent or incompetent and it1
nothing to do with his guilt or
sanity," Dr. Watson declared.
The judge declared Walker co
petent to stand trial. Walk
lawyers may contest the boa
examination.
the
the
ard
tes-
sin
uns-
nto
t of
).me
Sof
urt
ich
urt
the
-ni-
,nd-
d a
urt
ngs.
.om
its
out
art
In't
pe-
(Continued from Page 3)
spokesman denied that the housel
arrest had been made.
UN troops had surrounded the9
presidential palace all right-and1
even prevented Tshombe from
leaving for a talk with the British'
consul who lives next door-butl
this was described as precaution-
ary surveillance, not house arrest.
Conflicting Statements
This episode followed a day inl
which the British issued a Tshom-
be statement announcing his ca-
pitulation to the United Nations at1
about the time Tshombe voiced a
threat to blow up key installations
in Kolwezi if UN forces tried to
take it.
Then Tshombe was out the next
day with another pledge of co-
operation with the United Nations.
He promptly put his pledge into
practice by leading a UN military
column which opened up commun-
ications between Elisabethville and
the Rhodesian border.
Other Strange Happenings
The hassle over whether Thant
had ordered UN forces to occupy
Jadotville. Belvian Foreign Minis-
ter Paul-Henri Spaak quoted the
secretary-general as saying the UN
commander had violated orders.
Later a UN spokesman said the
mixup had been caused by a com-
munications breakdown. Still later
the UN commander said he had
occupied Jadotville as a military
necessity and on invitation from
the mayor.
Thant said Dec. 31 he had ap-
pealed to Adoula to seek quick ap-
proval of the proposed new federal
constitution in the national parlia-
ment. Adoula allowed parliament
Democrats To Hold
Kick-off Meeting
The "Ann Arbor Democrats"
will have a campaign kick-off
meeting at 8 p.m. Jan. 16 at the
YM-YWCA. The subject of the
meeting will be "Hear Your Candi-
dates."
to recess until March without
bringing up the constitution.
Adoula clashed with UN author-
ities over allowirii Tshombe to re-
turn to Elisabethville. Adoula also
ran head-on into Western oppo-
sition by a move to close the
British and Belgian consulates in
Elisabethville because of their
close contacts with Tshombe.
One UN correspondent asked by
his editor to clarify the situation,
wired back:
"To attempt to clarify the situa-
tion would only add to the confu-
sion."
E
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DON'T FORGET-
FEBRUARY 10-21
Your opportunity to get acquainted
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JANUARY CLEARANCE
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ALL ITEMS of clothing and furnishings offered in this sale represent excellent values in only the finest of imported
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CLOTHING
SUITS SPORT COATS TOPCOATS
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Robes Hats Belts
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Ladies Sale is runnina concurrently with reductions up to 50%
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The one time of year when
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