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September 18, 1963 - Image 5

Resource type:
The Michigan Daily, 1963-09-18

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Text of Legal Advice to Sororities

(EDITOR'S NOTE: The following
is the text of the first public state-
ment by the law firm representing
1nif iversity sororities r who ques-
tion the authority of Student Gov-
ernment over affiliate membership'
selection practices.
The statement was delivered to
an SGC hearing Monday night by
Lawrence Smith, '37L.
He appeared as the attorney for
Delta Delta Delta, Kappa Delta, Sig-
ma Kappa, Alpha Epsilon Phi,"Phi
Mu Gamma Phi Beta, Alpha Phi
Zeta Tau Alpha, Pi Kappa Alpha, Al-
pha Gamma Delta and Alpha Delta
For reasons based on decisions
of the Michigan Supreme Court,
we do not concede the authority of
the Board of Regents any more
than 'the state Legislature. to dele-
gate rule making powers, appoin-
tive powers, judicial powers or the
powers to impose sanctions to any
non-governmental body. Student
Government Council is, as you
know, a group of private indivi-
duals, elected from the "campus
at large," with rnone of the re-
quirements as to age, citizenship,
permanence, or bipartisanship, us-
ually required in the creation of
governmental agencies. This point,
however, smack's of the "legal"
and is therefore made primarily
"for the record" in the event it is
needed in the future.
The following comments apply
to the "Implementation Regula-
tions" as proposed:
A The basis of the proposed
rules is the creation of the "Mem-
bership Judge Plan." It is noted
that SGC appoints and can re-
move the judge. Similarly SGC is
creating a Membership Committee
which is the "prosecutor" under
this purported judicial system. In
effect, SGC controls both the pros-
ecutor and the judge. I find no-
thing in the Regents resolutions
authorizing or directing the ap-
pointment of enforcement per-
sonnel by S C.
But, the basic problem is that
the Michigan Constitution vests
the judicial power in certain spe-
clfed courts. The judges of these
courts and particularly the Jus-
tices of the Michigan -Supreme
Court, have been very jealous of
their prerogatives and have uni-
formly rejected attempts to usurp'
or dilute their authority to ex-
ercise and control judicial pro-
ceedings in the state.
SJudicial System
1) These proposed rules purport
to set up a judicial system. Look
at the sections of the Harris Re-
port, , where, if approved, SGC
Would adopt and follow 175 pages
of the Michigan General Court
Rules which govern the trial of
civil cases in the state. These
rules became effective last Jan-
uary. The State Bar of Michigan
conducted clinics all over the state
for practicing lawyers in an at-
tempt to educate them concerning
the rules. Our Circuit Courts are
struggling with their interpreta-
tion and the Supreme Court will
have numerous appeals before
their meaning is clarified within
the legal profession..
Do you know what is in these
175 pages? If you do not, you
should vote against the proposed
2) The proposed rules concern-
ing "Investigative Oral Deposi-
tions" as- not constitutional-or
Standard of Conduct
The proposed rules are penal in
nature. They are not civil in that
they do not purport to give one
person or group a right to sue
other persons or groups or recover
Penal statutes, regulations, or
rules are those which establish a

standard of conduct and prescribei
a penaltyfor any one who violates
For example, a person killed in
an automobile accident. His family(
can sue the other driver and if
they establish fault on his part,+
they can collect damages. This is
a civil case. They also ask the
prosecutor to issue a warrant
against the other driver charging,
him with negligent homicide or a
similar charge. If he is convicted,
he suffers a penalty-a fine, pro-
bation, or imprisonment. This is
a criminal case.
Now, in the criminal case, the
other driver, under the law of,
Michigan, cannot be compelled to
testify against himself. He is pre-
sumed innocent until proven
Procedural Safeguaids
And more important, he cannot
be called in before the complaint
is filed or before the warrant is
issued and required to state,.under
oath, what he did that might have
constituted a violation of the law.
Michigan Court Rule 785 (2)
recognizes the distinction I am
making. It provides "Depositions
or other discovery proceedings un-
der Chapter 30 of these rules shall
not be taken for purposes of dis-
covery in criminal matters." The
proposed membership rules speci-
fically provide for "penalties"
which, if imposed upon a fraten-
ity or sorority, could be fatal to
the group on the University cam-
pus. These are not civil proceed-
ings resulting in recovery of dam-
ages-they are penal in nature.
Yet, it is proposed to permit the
Membership Committee to take
the deposition, i.e. the sworn state-
ment of any group.:
a) Prior to the commencement
of any action
b) To determine whether there
has been prohibited conduct and
details of such conduct.
Old Fashioned
I can tell you without fear of
contradiction that this procedure
has been out of date legally, mor-
ally and constitutionally since the
days of the witch hunt. The pros-
ecutor in a penal proceeding can-
not compel hisproposed victim to
testify against himself even after
the prosecution commences, to say
nothing of before hand, to "deter-
mine if there has been any pro-
hibited conduct."
3) There are substantial proper-
ty rights and values involved in
this problem.
As you know, the fraternities
and sororities on this campus, by
and large, occupy houses which
for the most part are single pur-
pose structures in which someone
has invested large amounts of
Whether the chapter house be
owned by the national organiza-
tion, a Michigan alumni "house
corporation," or some private in-
dividual is not material. The point
is that someone owns a valuable
piece of property which has value
only when' it can produce rental
income consistent with the use for
which it is designed.
Ominous Rules
The proposed rules pose a ser-
ious threat to the values of the
houses occupied by the local chap-
ters of Michigan fraternities and
sororities. As you well know, if a
fraternity or sorority loses the
right to rush for even one year or
ceases to be "recognized," its suc-
cession of pledges and'new mem-
bers can be interrupted with the
result that the reduced chapter
will have trouble paying its rent or
maintaining its house.-
If this continues for two classes
or longer, the chapter will for all
intents and purposes be dead and

it is only a question of time be-)
fore its house must be vacated. In1
other words, the value of the fra-
ternity and sorority houses on this
campus depends on the tenants
staying in business as "going con-
Due Process
Everyone who has ever consid-
ered the subject of civil rights and
due process knows that the United
States Constitution and the Mich-
igan Constitution recognize the
rights of life, liberty and prop-
erty and prohibit their deprivation
without due process of law. There-
fore, considering the property
values involved and the rights of
the individual student and alumni
members, the question is whether
the proposed rules provide due
process of law in the procedures
which can culminate in putting
a fraternity or sorority out of busi-
Due process is a broad and some-
times loosely applied term, but it
has been held to include:
a) The right to a specification
of the charges against one signed
by the person preferring the
charges-not found in the propos-
ed rules.
b) Immunity from compulsory
testimony against oneself - spe-
cifically negated in the proposed
c) The right to be represented
by counsel-not mentioned in the
proposed rules.
d) Listing of the witnesses for
the prosecution, the right to take
their depositions, the right to be
confronted by these witnesses, and
the right to cross examine them in
open court at a public hearing-
none of which are provided in
these rules.
e) The right of trial by a jury
of citizens of the state and county,
where the alleged offense occurred
specifically prohibited by the pro-
posed rules.
f) The right of final determina-
tion by appeal or review by a law-
fully created court of law-not
mentioned in the proposed rules.
Deterrent Function
Before making any suggestions
as to future action I will venture
the opinion that these proposed
rules have been drafted on the
theory that the possible final pen-
alty, i.e. withdrawal of recognition,
or, if you will, putting a fraternity
or sorority out of business is so
drastic that everyone will accept
the proposed rules rather than take
such a risk.
Speaking for at least a major-
ity of the groups I represent, I
can tell you that this is a fallacious
assumption. I can tell you that
the adoption of these rules and
the processing of cases under them
will undoubtedly result in action
which can hardly do credit to any
of those involved with these rules
or to this fine University.
I mention this now because a
representative of The Daily tele-

phoned me recently to inquire as
to what our plans might be. I
have a recording of that conversa-
tion, but I told him in effect that
I did not discuss my clients' busi-
ness with others. I am departing
from that policy somewhat tonight,
but only because I think you would
be making a serious mistake in1
adopting these rules as proposedA
and you should know that.1
Property Rights
Do not eliminate from your con-
sideraton the possibility of individ-
ual civil liability for damages
which may result if property or
rights are taken away unlawfully
as a result of rules adopted.
Do rnot eliminate from your con-
sideration, the possibility that at-1
tendance might be required to
testify in a Michigan court, or by
deposition, a year or two from
If you propose to assume the
mantle of an administrative agen-
cy of the state, you may not shirk
the responsibilities that go with
the assumption, right or wrong,
of regulatory function.
The groups I represent cannot;
accept or "live with" what we con-
sider an illegal delegation of au-
thority to a transitory group ofc
private individuals.
We cannot go along with a planc
to create a private "Court System",
with judge and prosecutor subject1
to control of the group having the
final authority to impose sanc-7
We cannot accede to a plani
where a proposed defendant can
be compelled to testify, before any,
charges are filed by any one, to;
determine whether any prohibited
conduct has taken place.
Alternate Proposals
We cannot accept a plan which;
threatens property rights and in-;
dividual rights while flying in the
face of "due process" as most law-;
yers understand it. -
As an alternative, we propose
the following:
1) That SGC advise the Board
of Regents that this is a problem
for them as the representatives
elected by the people of Michigan
to handle the affairs of this Uni-
versity and thus decline the pur-
ported delegation of authority."
Reference might be made to the
Fair Employment Practices Act
and Michigan legislation concern-
ing procedure and rules of Ad-
ministrative agencies or,
2) That these, rules not be
adopted in their present form and
instead an attempt be made to
formulate a set of rules that every-
one can live with. I might suggest
that you ask the Board of Regents
to appoint one or two members to
work with a rules committee and,
if invited, I or some of the other
attorneys representing national
national groups might participate
on a non-voting basis.

Cites Drop
Of Morale
In Soldiers
Associated Press News Analyst
SAIGON-The morale of many
American fighting men based in
South Viet Nam cities appears to
have slumped since President Ngo
Dinh Diem publicly started crack-
ing down on his opposition in re-
cent weeks.
"When I came out here three
months ago my wife thought I
was going to be a hero," one en-i
listed man says. "Now she writes
me and asks if I am helping
Diem's soldiers to arrest school-
boys. I want to go home now."
Other servicemen spoken to in
Saigon, at the Bien Hoa base and
other cities in the Mekong delta
expressed fears about the- Uniteda
States image of their role here.
No Help
"There are 14,000 of us here,"
one serviceman said. "Some of
my friends in the states have a
cockeyed idea that we can do.
something to stop what's happen-
ing here."
Some of the drop in morale was
created on the day when Diem
cracked down on Buddhist pago-
das and resulting public demon-
strations that developed from
An American adviser in the
northern city of Hue was setting
out with his Vietnamese armored
unit when it turned back into the
city and started plowing through
crowds protesting the pagoda
Face Former Friends
Other American advisers have
come face to face in cities with
soldiers they formerly fought be-
side in Viet Nam's battle regions
against the Communists. These
soldiers, sent into cities to main-
tain martial law, patroled the city
streets with the same intensity
that they searched for guerrillas.
"To think that we trained them
to put down Buddhists and stu-
dents," an adviser said after he
had had an encounter in Saigon
with a senior paratroop officer
with whom he had once jumped
into battle.
American military authorities
are adhering to the policy that
United States servicemen are here
to fight and not get involved in
local affairs.
Need Information
"This policy is acceptable to
us," one army captain said. "But
we are responsible men. Can't
they give us some idea of dem-
onstrations and opposition crack-
downs that government is doing?"
The main flow of information
on what is happening in Viet Nam
comes to , servicemen from clip-
pings that\ wives send them from
the United States.



LOST-Ladies brown raincoat with gold
lining, campus area. 665-0462. A10
LOST-Handknit beige cardigan sweater
at Hillel mixer. If found call 4338
Markley. Reward. A9
USED FURNITURE-Chairs, chests, gas
refrig., etc. NO 2-1443. B12
MUST SELL-2 bookcases, chairs, desk
and bed. Call 668-6063. B6
ROUSE-Three bedrooms, $14,000, terms
to suit. Lakewood, 115 Highlake, city,
gas heat, full basement, fenced back-
yard, wooded lot, near elementary
school, lake, shopping center, bus line.
Almn. storm screens - screen porch,
tool shed. NO 5-5839. B15
chests, etc. NO 2-1433. B
FOR SALE-Microscope "Zeiss" mono-
cular-binocular, excellent cond. Ph.
542-6431, Detroit. B9
L. C. SMITH Typewriter-13" super spe-
cial, Elite type. Perfect cond. $55.
May be seen at 420 Maynard. Ask for
Miss Hilton. 662-3241. B3
ATTRACTIVE 3-bedroom ranch in ex-
ceptionally nice professional neighbor-
hood. Excellent condition. Trees. Walk
to schools,. shopping. Bargain priced
$14,900, 4% GI, FHA, or your terms.
NO 2-1743. R2
WANTED-Car pool or riders between
Detroit and Ann Arbor, Monday and
Friday. Call 864-0188. 06
WANT RIDE Tuesday and Thursday
from Ypsi to campus to arrive by 9
a.m., to leave at 6 p.m. Will share
expenses. Cali 483-4452. Gi





Figure 5 average words to a line
Call Classified between 1 :00 and 3:00 Mon. thru Fri.
Phone NO 2-4786

PART-TIME servicemen for radio and
audio work-See Mr. Flack at the
Music Center, 304 S. Thayer. H30
TEACHERS interested in either ele-
mentary or secondary substitute work
are requested to call personnel office,
Romulus TWV schools. WH1-1600. H28
experience wanted for local monthly
publication..P.O. Box 474, Ann Arbor.
female for monthly publication. Lib-
eral commission. Ann Arbor Digest.
Phone 668-8758. H25
DEAR JOHN, Marsha WANTS you. F37
DANCE LESSON registration, Tuesday,
Sept. 24, 7 p.m., at the League. P40

'54 FORD, $50. Call 665-7838 between 7 BABYSITTER for hire. E. Ann Arbor.
and 8 P.M. N27 665-5528. F44

VW CONVERTIBLE with radio. Engine
new last fall. Top and brakes new.
$650. 665-3481. N26
1960 AUSTIN HEALY 3000-Wire wheels,
disc brakes, overdrive, R/H. Good con-
dition. $1600. Call 3-8517. N17
'60 VW SEDAN-Very good condition.
New engine, $995. Can be seen at 5270
Geddes or phone HU 2-1772 after 5:30.
New W.W. Firestone tires. R/H. Auto.
Must sell by Friday. 663-3346 days,
662-8786 eves. N24
1962 MONZA Convert., like new, fully
equipped with 4 on the floor. Cali
GL 3-4434 from 8 a.m. tq 6 p.m. N23
1962 VW SEDAN with radio. Good cond.
$1375 or best offer. 665-7268. N21
1962 AUSTIN-HEALY '3000-Blue, full
equipmen, $2495. 1962 MG-A MK. II
roadster. radio, luggage rack, nice,
$1895. 1961 Austin-Healey Sprite,
sharp, hardtop, red, radio, $1425.
Overseas Imported Cars Inc.
321 S. 4th. 662-2541
FOR SALE-1962 Honda 305 Super Hawk.
Call 2-0050. Reasonable. Zil
1906 Packard Road
665-9281 Z3
FOR SALE-Bella Motor Scooter, like
new. One of the finest made. Must
see to appreciate. 665-3291. Z12
FOR SALE-1958 Lambretta 150 in ex-
cellent condition, $230. Call NO 8-7386
after 7 p.m. Z13
7 H.P. Your choice, $375 full price,
delivered Ann Arbor. Windshield and,
parts mailed C.O.D. DI 1-3197, 7343
W. 8 Mi., Detroit, 31 blocks West of
Livernois. Z
all white, extras. Harley tricycle, great
for campus and winter; carries 4,
giant luggage compartment. Vespas,
Cushmans and Lambrettas. NO 3-1714.

JOE-Saugatuck was fun but does it
end there? 1110 Maiden Lane, NO 8-
8490. F45
YOU, TOO, may have a charge account
1112 So. University Ave. F
ENGINEERS - New Dietzgen & Aristo
slide rules from $13.50 to $21.50. Call
NO 5-0012. F20
Congratulations from the baby-faced
greaser. F43
and all other persons, too. Bridge les-
sons at the League. Registration Tues-
day, Sept. 24, 7 p.m. F41
DIAMONDS-Highest quality at com-
petitive prices. Call C. K. Reaver Co.
of Ann Arbor, 300 S. Thayer. NO
2-1132. P18

MALE ROOMMATE needed for luxury
apt. Foxcroft Apts., 811 S, State, No.
12. Reasonable rent. 665-2719. C41
GRAD STUDENT to share new modern
apt. 3 blocks from campus. 453-28T.
517 OXFORD-Furn'd. efficiency apt. in
private house for 2 graduate girls or
single faculty. Separate entrance. Ref-
erences required. 040
Five 3- or 4-man aps. still available
on campus; 2 available for 10-mo,
lease. Call NO 3-0511 or come to 530
South Forest. 038
WANTED-Third girl to share furnished
apt. (temp. or perm.) All utilities
except electricity provided. $95 mo.
($32 each) NO 2-7512 after 5:0. 20l
BEL-AI APTS.-1 and 2 bedrooms. All
new, Danish modern furniture. Air-
conditioning, balconies, wall to wall
carpeting.4Campus location. 2-5780.
Eves. 2-5140. 24
Two-bedroom apartments available
because of Academic fallouts. Lo-
catednear campus and St. Joseph's
Hospital. Air conditioned, wall to
wall carpeting, and tenant sundeck.
Call Mr. Beyer at 665-8825 day or
eves, 662-7117.
ANY MOTH HOLES, tears, or burns in
your clothes? We'll reweave them like
new. WEAVE-BAC SHOP, 224 Arcade.
by a leading professional pianist(Har-
yard alumnus,dformer pui ofNet--
zorg, Webster, Sandor; veteran of na-
tionwide engagements with Freddy
Martin's orchestra, including coast-
to-coast radio and recording experi-
ence; erstwhile orchestra leader and
concert soloist at the Palm Beach
Biltmore; and currently in second
year as musical director for Ann Ar-
bor's Rubaiyat, broadcasting va
WOIA. 308 Catherine, Ann Arbor. 66-
373. J6
Manuscript typing. transcription,
medical, legal, technical confer-
ences, mimeographing, offset.
Quick, Accurate, Experienced.
334 Catherine ST
LET US TYPE and reproduce your
term papers and dissertations (Offset
for reproduction). Photo copy, mail-
ings. Gretzingers Business Service,
320 S. Huron, HU 2-0191. J8
Has Genuine LEVI's Galcre
Black, brown, loden,
"white, cactus, light blue.
122 E. Washington


(Continued from Page 2)
All performances 8:00 p.m. HENRY V
will be presented on the semi-Elizabe-
than stage of the Trueblood Aud.,
Frieze Bldg.,; all others, Lydia Mendels-
sohn Theatre. 25c additional charge for
Fri., & Sat, performances of all shows
except the premiere production. Season
tickets $6.50 for front of main floor and
first 4 balcony rows; $4.50 for last 4
main floor rows and rear balcony. Men-
delssohn Theatre box office opens 12:30
-5:00 Wed., Oct. 9; meanwhile, mail
orders filled in order of receipt. For
additional information and/or order
brochure call 663-1511, ext. 3383 or 3084.

Year Plan Publicity, All-India Radio,
New Delhi, India, Sept. 22-24.
Federal Service Entrance Examina-
tion-You must apply by Sept. 19
Thurs.) to take the test on Oct. 12. The
next filing date is Oct. 17 for the test
on Nov. 16. Apply early.
Representatives from the NAVY and
MARINES will be at the University in
the Fishbowl from 9:00 a.m. until 4:30
p.m. daily from Sept. 18 (today) thru
Sept. 20. Information will be furnished
on all Officer Training Programs.
212 SAB-,
The Summer Placement Service will
open on Tues., Oct. 1. Be among the
first to put in your name for a sum-
mer job in 1964. New listings will be
Michigan Civil Service-Budget An-
alyst II-BA in Business, Public Admin.,
Poli. Sci. or another field related to
governmental admin. 1 yr. exper. rFor
higher level position, more exper. is re-
quired. Also position as Urban Planner

II-BA with major in City, Urban or
Regional Planning. 1 yr. exper. in urban
planning (MA may be substituted for
6 mos. of exper.).
Alco Products, Inc., Schenectady, N.Y.
-Seeking Advertising & Sales Promo-
tion Manager. Industrial advertising
exper., writing ability & college degree
E. J. Bach & Sons, Chicago, 111. - 1)
Industrial or Standards Engnr.-gradu -
ate IE, GE or ME to age 32 with knowl-
edge of incentive systems based on MTA,
MTM, & Standard hrs. 2) Flavor Chem-
ist-Graduate Chemist to age 30 for the
flavor operations lab. Will delve into
new ways & means of distilling, for-
mulating & processing flavors to be used
in finished product. 1 yr. bkgd. in this
type of operation helpful. 3) Package
Engnr.-To age 32, college grad, exper.
as packaging engnr. 4) House Organ
Editor-Grad to age 30 with Journ. or
equiv. bkgd. Will do- editing, layout &
photography of the company paper &
community & employe refs. Requires a
man who can type, knows newspaper
writing & print & who can take pic-
Oregon Civil Service-Civil Engnr. I-
Degree with major in Civil or related
Engrd. Higher level positions, require
exper. Residence wvaived.
National Gypsum Co., Buffalo, N.Y.-
Looking for graduate in field of Engi-
neering (Mech., Mining, Chem. or Elec-
trical) to be placed as a Management
Trainee in our National City, Mich.
gypsum products mfg. plant.
For further information, please call
General Div., Bureau of Appointments,
3200 SAB, Ext. 3544.

EVERYONE is going to the USNSA Mass
Meeting, Thursday, Sept. 19, 7:30 p.m.
in the Union-Special reports from
latest Congress. F38
"Where marginal prices buy quality
diamonds!" 1209 S: University. 663-
7151. F73
'WELCOME BACK" - Students' House
Farty at the Salvation Army Quarters,
Sunday, Sept. 15, 9 p.m. NO 8-7257.
TO. R.C.
What did it say on that pillow-his
and HUZ?

Fallowing are the foreign visitors pro-
grammed through the International
Center who will be on campus this week
on the dates indicated. Program ar-
rangements are being made by Mrs.
Clifford R. Miller, Ext. 3358, Interna-
tional Center.
Michel Asmar, Founder and Head
Cenacle Libanais, Beirut, Lebanon, Sept.
P. V. Krishnamoorthy, Director, Five-

Make. Repiar, Buy and Sell
Private and Group Instruction
Hoots Daily
Herb David Guitar Studio
209 S. STATE
NO 5-8001
You'll find a delicious line of all



close to South Quad. $2.50 per week
including utilities. 663-1511, Ext. 2497.
Mr. Saxer. Fl
GERMAN MEAT P4ATTY on rye served
at ROMANOFF'S, at Bell Tower. P26
Haircut, Mon. thru Thurs., 347 May-
nard near Arcade. $1.50 Fri. and Sat,
Furniture, bookcases, books, chests,
desks; Appliances; Antiques; Musical
instruments. Bought, sold. DARWINS,
2930 S. State. NO 8-7744. F11

sorts of non-fattening foods at
709 Packard
Open every night til 12



The purpose of our organization, using
established techniques of personality
appraisal and an IBM system, is to
introduce unmarried persons to others
whose background and ideals are
congenial with their own. Interviews
by appointment. Phone after 9 a.m.
NO 2-4867.
LOST-Tiny, gold mouse pin in vicinity
of Arcade, State St. or campus. Sub-
stantial reward. Call FI 9-2992 collect.


I I.._. _ ,_


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