WEDNESDAY, SEPTEMBER 18, 1963 T] Yr AN D1AII V 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 I 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 rules. 2) The proposed rules concern- ing "Investigative Oral Deposi- tions" as- not constitutional-or fair? 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 damages. Penal statutes, regulations, or rules are those which establish a standard of conduct and prescribei a penaltyfor any one who violates them., 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 guilty. 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 money. 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- cerns." 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- ness. 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 rules. 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 now.E 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 tions.- 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 By PETER ARNETT 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 that. 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 raids. 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. * IFfltDr LOST AND FOUND 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 FOR SALE 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 USED STUDENT FURNITURE-desks, 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 REAL ESTATE 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 TRANSPORTATION 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 USED CARS CLASSIFIED ADVERTISING LINES 2 3 4 ONE-DAY .70 1.00 SPECIAL SIX-DAY RATE 3.48 4.20 4.95 Figure 5 average words to a line Call Classified between 1 :00 and 3:00 Mon. thru Fri. Phone NO 2-4786 HELP WANTED 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 ADVERTISING SOLICITOR with some experience wanted for local monthly publication..P.O. Box 474, Ann Arbor. H124 SUBSCRIPTION SOLICITORS, male or female for monthly publication. Lib- eral commission. Ann Arbor Digest. Phone 668-8758. H25 PERSONAL 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. '61 CORVAIR WAGON 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 BIKES AND SCOOTERS FOR SALE-1962 Honda 305 Super Hawk. Call 2-0050. Reasonable. Zil HONDA OF ANN ARBOR 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 LAMBRETTA, VESPA, YAMAHO cycle 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 CYCLES & SCOOTERS-BMW-r50-'59, 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 at the VILLAGE APOTHECARY. 1112 So. University Ave. F ENGINEERS - New Dietzgen & Aristo slide rules from $13.50 to $21.50. Call NO 5-0012. F20 TO THE PHI EP PLEDGE CLASS: Congratulations from the baby-faced greaser. F43 YOU ALREADY SAID THAT. F35 FOR WOULD-BE BRIDGE FANATICS 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 FOR RENT 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. 012 517 OXFORD-Furn'd. efficiency apt. in private house for 2 graduate girls or single faculty. Separate entrance. Ref- erences required. 040 NEW APARTMENTS 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 NEW-LUXURY 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. CHARTER REALTY PINE CAMPUS APARTMENTS C42 BUSINESS SERVICES ANY MOTH HOLES, tears, or burns in your clothes? We'll reweave them like new. WEAVE-BAC SHOP, 224 Arcade. J4 DEVANEY PIANO SCHOOL-Instrupition 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 665-8184 Manuscript typing. transcription, medical, legal, technical confer- ences, mimeographing, offset. Quick, Accurate, Experienced. ANN ARBOR PROFESSIONAL SERVICE ASSOCIATES 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 BARGAIN CORNER SAM'S STORE Has Genuine LEVI's Galcre "WHITE LEVI'S" SLIM-FITS *4.49 FOR "GUYS AND DOLLS" Black, brown, loden, "white, cactus, light blue. SAM'S STORE 122 E. Washington DA ILY OF FICIA L BU L LE T N (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. Placement ANNOUNCEMENTS: 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. SUMMER PLACEMENT SERVICE: 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 available. POSITION OPENINGS: 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 required. 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- tures. 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 MARTY ROSSMAN DID 1:05 P46 AUSTIN DIAMOND CORPORATION -- "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. F7 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. 17. P. V. Krishnamoorthy, Director, Five- GUlTARS, ETC. Make. Repiar, Buy and Sell Private and Group Instruction Hoots Daily Herb David Guitar Studio 209 S. STATE NO 5-8001 X1 MISCELLANEOUS DIETING? You'll find a delicious line of all J.P. F39 COOKING FACILITIES AVAILABLE 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 $1.25 Haircut, Mon. thru Thurs., 347 May- nard near Arcade. $1.50 Fri. and Sat, F30 ATTENTION STUDENTS 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 RALPH'S MARKET 709 Packard Open every night til 12 M1 OR What You.D{ 30£> 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. MICHIGAN SCIENTIFIC INTRODUCTION SERVICE F WANTED TO BUY LOST-Tiny, gold mouse pin in vicinity of Arcade, State St. or campus. Sub- stantial reward. Call FI 9-2992 collect. I I I.._. _ ,_ I ti # . I I-rri ^