gIW £ir4igan &ilg Seventieth Year EDITED AND MANAGED BY STUDENTS OF THE UNIVERSITY OF MICHIGAN UNDER AUTHORITY OF BOARD IN CONTROL OF STUDENT PUBLICATIONS STUDENT PUBLICATIONS BLDG. * ANN ARBOR, MIcH. * Phone NO 2-3241 1 Pinocchio :, r. I "When Opinions Are Free Truth Will Prevail" Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. UESDAY; APRIL 19, 1960 NIGHT EDITOR: SUSAN FARRELL Enthusiastic Student Group Takes Up Challenge ; k" t', t t + .e"'"". .! . ,,./ J. u . 0# "Adi2 t Y Ali. 4 jw r 9 SINCE IT has held its first meeting, a Chal- lenge program at the University is no longer an abstract idea but a reality. As such, it is much more easy to evaluate It in terms of its aims and how it appears they will be carried out. Challenge is designed to inform the student of his alternatives for action on the major issues of our time. It does this through a series of lectures, seminars and small discussions that are directed to the student-not in the form of an academic question, but as a chal- lenge to action on either side of a problem. The objective is a lessening of apathy, more than any particular political platform. THE APPEALING open-mindedness, enthusi- asm and intelligence of the program were matched by the poeple at the first meeting last Friday. For those at the meeting, especially those who have spent many years on this campus, the meeting may have been the high point of enlightened student interest in the history of the University. The most important fact about the meeting Purse-uasion grHEMEDIEVAL communes* often revived old, discarded or fairly irrelevant laws to suppress student activities. Like littering laws . . But the students always come out on top because they threatened that they and their money would migrate to another town if the restrictions .iere not lifted. What are we waiting for? -P.D.S. is not its material accomplishments-the meet- ing accomplished nothing of significance, but the obvious evidence that there is enough stu- dent interest in the project to actively support it. In addition to the large number of stu- dents, there were also an encouragingly large number of faculty members at the meeting. Given the evidence of support from both students and faculty, the next step for the program is to prove itself worthy of this sup- port. The great concern with choosing a first topic, which occupied a great bulk of the meeting's time, is a sign of a sincere desire of the founders to do a conscientious job. It is also a weakness, however, because it showed what amounted to a fetish for carrying out the program on paper before putting it into practice. THE ENTHUSIASM which greeted the mo- tion to start action by establishing the first challenge discussion of a topic and the decision to arrange smaller, more informal meetings may be good signs. Another evidence of a desire for paper perfection, however, was a member's proposal that actual beginning of the discussions would have to be postponed until next semester because of impending finals. If Challenge can respond immediately to the enthusiasm shown at the Friday meeting and get off the ground, it may become one of the most stimulating organizations on this campus. If it gets bogged down by its large member- ship in haggling over such issues as the best place to hold its discussions, howeve±', then it will become no more than a grand forum like SGC-with any political power besides. -RALPH KAPLAN COMPOSERS' FORUM: Present New Works In Student Program WORKS BY eight student composers were performed last night in Auditorium A, followed by a discussion inviting comments and impressions by fellow\students and the general public. There are several problems involved in discussing works presented on such a program. Many of the pieces performed were parts of larger works and could be better evaluated if heard within the frame- .4 " 'WOO //T N1, r YA2 91 "1 V 4 '4,v - 01 "_ low& ___-. 6 ... PICKET ARRESTS: .Prosecution Unconstitutional? TODAY AND TOMORROW Stevenson and Kennedy By WALTER LIPPMANN MR .NIXON arrived in San Francisco on Monday and, speaking as a professional politician, he commented upon the Presidential contest in the Democratic party. If Sen. Ken- hair," it will "all be over but the shouting." For, nedy wins in West Virginia, even "only by a says Mr. Nixon, if Sen. Kennedy can win the primary election in an overwhelming Protest- ant state like West Virginia, the convention is bound to nominate him. As Mr. Nixon would then be Sen. Kennedy's opponent, it is not unreasonable to wonder what inspired him to intervene in the Demo- cratic contest and to take such a strong stand for Kennedy. Mr. Nixon is a man who thinks twice before he makes a political move. And this boost for Kennedy is quite a big move. What is in Mr. Nixon's mind? It is to provoke a quarrel among the Democrats. His purpose is to make insoluble the problem of the Demo- crats, which is how to attract Catholics without alienating too many Protestants. The weapon used by Mr. Nixon is one that Sen. Kennedy has, unfortunately, used him- self. It is that is Sen. Kennedy can win a few primaries, the Democrats must nominate him or suffer retaliation from the Catholic voters. Mr. Nixon's remarks in San Francisco were neant to make this problem as troublesome as possible by fixing it in the public mind that if Sen. Kennedy is not nominated, it will not be because there are more experienced men but because he is a Catholic. THE RELIGIOUS issue is an ugly and dan- gerous one. But, as with a nettle, the best thing to do is to grasp it firmly. Now that there has been time to analyze the voting in Wis- consin, there is no doubt that the religious is- sue was central and decisive. The facts, as we now know them, confirm Mr. Reston's eloquent argument that the Wisconsin battle raised the religious issue, and that "this is a national question, beyond the borders of one state or even the limits of this particular Presidential election." Let us look first at the evidence that the re- ligious issue was dominant in Wisconsin. An analysis of the vote, which I believe to be reli- able, shows that in the ten counties with the highest percentage of Catholic, Sen. Kennedy won all ten. In six of these counties his margin was 2-to-1 or better. On the other hand, in the ten counties with the lowest percentage of Catholics, Humphrey won all ten, and in six of them his majority was 2-to-1or better. Fur- thermore, in the twenty-five counties with less than 20 per cent Catholic population Humphrey won twenty of them and Kennedy won five. IT IS OBVIOUS that all the Catholics did not vote for Kennedy or all the Protestants for Humphrey. But a great many did, and it will be a miracle if the outcome in West Virginia shows that there is no religious issue which di- vides seriously the people of this country. It is, moreover, too much to hope that the tendency to bloc voting, already visible in the Wisconsin primary, would not become much more acute and virulent in the national election itself. The Democrats have a great responsibility. For, as Mr. Reston says, such a division of the country "at this moment in history is in- tolerable." Furthermore, the problem which Sen. Kennedy has posed and which Vice Presi- dent Nixon has now tried to envenom is a soluble problem. THE SOLUTION of the problem lies in nomi- nating Sen. Kennedy for Vice-President. It is true that once upon a time the Vice-Presi- dency was regarded as a joke and beneath the dignity of a strong politician. But the fact is that in this centruy three Vice-Presidents have become President. What is more, in the case of Mr. Nixon the Vice-President is being nomi- nated to run for President. The office then is not one for which any man is too grand, and certainly not any man who is forty-three years old and has never occupied any executive office. Moreover, the nomination and election of a Catholic to be Vice-President of the United States would be an absolute destruction of the taboo against electing a Catholic to the Presi- dency. For the Vice-President is the unques- tioned successor in case the President is dis- abled. Nobody who objects to a Catholic in the White House can vote for a Catholic for Vice- President. AT THE LEVEL of vote-getting, the nomina- tion of Kennedy for Vice-President is the best answer to the Democrats' dilemma. They want to bring back the Catholic Democrats who were attracted by Eisenhower. But they must do this without precipitating a fierce division of the party and of the country. Now, there is good evidence, as Wisconsin shows, that Kennedy can attract a large Catho- lic vote. But there is no evidence that he can do this without arousing a powerful Protestant reaction. Even with a Kennedy landslide in West Virginia, there would be no guarantee, in- deed no assurance, that the country will not be plunged into a dangerous religious controversy. For what the West Virginia Protestant Demo- crats will do in a primary is not a true measure of what Protestant Republicans will do in an election. For this reason the Democrats have no rea- son to accept the argument that with Kennedy for President they will win and with Kennedy for Vice-President they will lose. In 1956, Sen. Kennedy was very anxious indeed to become Vice-President on a ticket headed by Gov. Stevenson, and the argument made at that time was that this would attract Catholic vot- ers. As against Nixon, who is so much. less formidable than Eisenhower, why should the argument not hold today? WOULD SEN. KENNEDY accept the nomina- tion for Vice-President if the Democratic party leaders decided to offer it to him? There is no reasonable doubt that he would accept. For on what ground could he or would he re- fuse? That he is a better vote-getter than Ste- venson or Symington? We know that primaries, like the one in Wisconsin, do not forecast the nntional eletinns That he i smore ualified By FRED STEINGOLD TrODAY the Police Department will decide whether to institute criminal proceedings against the fifteen persons arrested last Sat- urday while distributing anti-dis- crimination literature. Should the police decide to prosecute, they will probably charge a violation of either or both of the following Ann Arbor ordinances: "Scattering Bills. No person shall scatter, place or throw any bills, leaflets, pamphlets or other adver- tising matter on the surface of any public streets, alleys, or on the public grounds of the City .. . nor cause the same to be done by another. "Littering of Streets. No person shall place, deposit, throw, scat- ter or leave in any street, alley or public place . . . any refuse, waste, garbage, dead animals, wash water or other noxious or un- sightly material." A DECISION to prosecute un- der either ordinance stands on extremely shaky legal grounds. At the outset there is the problem of whether the ordinances have been violated at all. Apparently, the arrested persons were handing the leaflets, one at a time, to pass- ers-by and some of the recipients threw the handouts on the side- walk after reading them. It is difficult to see how those who distributed the leaflets littered the street. Perhaps by a stretch of the imagination they caused others to do so. Assuming that the language of the ordinances encompasses the acts in question, the ordinances themselves are very likely uncon- stitutional as applied to these persons. The First Amendment to the Federal Constitution provides: "Congress shall make no law .. . abridging the freedom of speech or of the press . Judicial interpretation has in- cluded this right among those protected by the Fourteenth Amendment "due process of law" clause which acts as a limitation upon state and municipal govern- ments. a * ATTEMPTS have been made under municipal ordinances to prohibit or regulate the distribu- tion of political leaflets. In no case has the precise language of the Ann Arbor ordinances been tested. But the existing decisions indi- cate that the United States Su- preme Court regards pamphlets as an integral part of our political process and has carefully shielded them from the encroachment of police power regulation. Only last month in invalidating a Los Angeles ordinance prohibit- ing the dissemination of anony- mous pamphlets, the Court re- Nonrunning? THE PARTISANS of noncandi- dates Adlai Stevenson and Chester Bowles appear nonamen- able to disuasion. On the same day, Earl Mazo in the New York Herald-Tribune and the Associated Press reported, in almost identical language, that delegates to the California Demo- cratic Council Convention in Fres- no last month gave heaviest ap- plause to the nonpresent Steven- son and Bowles the first of whom affirmed its earlier statements that leaflets, pamphlets and handbills have played a valuable role in circulating political ideas. In 1938 the Supreme Court held unconstitutional 'a city ordinance which forbade any distribution of circulars, handbills, advertising, or literature of any kind within the city .limits without permission of the city manager. The Court said: "The liberty of the press is not confined to newspapers and peri- odicals. It necessarily embraces pamphlets and leaflets. These in- deed have been historic weapons in the defense of liberty, as the pamphlets of Thomas Paine and others in our own history abund- antly attest." * * * A YEAR LATER the Court made it clear that the purpose of keep- ing the streets and sidewalks clean is not a valid excuse for cutting into the freedom to hand litera- ture to one willing to receive it. The Court had before it a defend- ant convicted under an ordinance prohibiting the distribution of cir- culars. The ordinance was passed to prevent messy sidewalks. In unequivocal language-langu- age which is quite relevant to the Ann Arbor arrests-the Supreme Court said: "Any burden imposed upon the city authorities in clean- ing and caring for streets as an indirect consequence of such dis- tribution results from the consti- tutional protection of the freedom of speech and press. The consti- tutional protection does not de- prive a city of all power to prevent street littering. There are obvious methods of preventing littering. Amongst these is the punishment of those who actually throw papers on the streets." IF IN THE local case the ar- rested persons are prosecuted for handing political pamphlets to willing recipients on a public side- walk, it seems that such prose- cutions are repugnant to the First Amendment and that the ordinances are unconstitutional as applied to these persons. The issues 'in this case go farther than the propriety of picketing stores and passing out explanatory leaflets. Whether or not a person agrees that such methods are a proper way to at- tain the objective of non-dis- crimination - indeed, even if a person lacks complete sympathy with that objective - he should be sensitive to the threatened in- vasion of a right which lies at the very foundation of our constitu- tional system: the unhampered dissemination of political ideas. Should the police decide not to prosecute the arrested persons, the arrests will look like little more than harrassment. The picketing and associated activities have continued for sev- eral weeks and there was ample time for the police to make up their minds without taking the demonstrators into custody. work of the complete composition. after a single hearing, and the reviewer is left to make comments based on first impressions. Gerald Humel's Prelude and Scherzo for Solo Flute was, for this reviewer, a highlight of the evening's concert. The work, bril- liantly performed by Patricia Mar- tin, exploited the many possible sounds of the flute, which, ac- cord to the composer, has not been done in much of the literature for the flute. * * * ANOTHER work which seemed to demonstrate a musical imagina- tion was Donald Scavarda's Groups for Piano performed by Robert Ashley. The composer's stated intention in this work was to present a complete thought of harmonic, rhythmic, and motive ideas without development or ex- pansion. The very short work quite successfully fulfilled the com- poser's objective. Michael Cunningham's Adagio and Capriccio for String Quartet was performed by Lloyd Black- man, violin, Virginia Stumm, sec- cond violin, Elizabeth Lichty, viola and Marjorie Ramsey, cello. There was much textural interest in the first part. OTHER STRING works per- formedwere Mary Luther's String Quartet -- first movement -- and part one of a String Trio by George Cacioppo. The interest in the Luther quartet seemed to cen- ter around the full texture and the quality of the sounds. The Cacioppo trio had a very open sound and the spacing of notes gaverthe work much of its char- acter. Some of the effect was lost because of a misunderstanding in tempo on the part of the perform- ers. The first movement of a Piano Sonata by Ronald Leu was per- formed by Gregory Kosteck. The work had a wide range of sounds and impressions. It seemed quite appropriately commented that the work built up to many exciting climaxes and was very idiomatic for the instrument. A THIRD piano work on the program was a group of three pieces by Robert James. The pieces, Fantasy, Nocturne and Tocatta were performed by the composer. The pieces had a full sound and one comment made was that the third movement was perhaps too long in relation to the number of ideas in the piece. The other work on the program was Maurice White's Elegy for Clarinet Alone, performed by John Mohler. It is a very short work intended to suggest a single idea which could possibly be the frame- work of a larger work. -Charlotte Davis DAILY. OFFICIAL, BULLETIN It is also difficult to judge works (Continued from Page 2) The following persons have been se- lected as ushers for the May Festival and must pick up their usher tickets at the Box Office at Hill Auditorium on Tuesday, April, 19th, and Wednesday, April 20th, from 5 p.m. to 6 p.m. Marian Anne, Howard Abrams, Anabel Anderson-Imbert, Thomas Albert, Peter Azerod, Robert Amster, Peter Arnold, Elizabeth Beddoes, Barbara Brodkey, Annaliese Brookman, Dorothy Burnes, Lawrence Brotman, Virginia Bush, Cyn- thia Britton, Peggy Ann Bowman, Alice Brubacker, Nancy Barnett, Beverly Ber- ney, Helen Bruton, Susan Bergholz, Carol Bamberger, Margery Borssuk, Al- len Blaurock, Paul Blizman, Dinah Ber- land, Robert Crowder, Pat Cartwright, Susi Cooper, Robert Cramer, Ann Cop- ley, Beverly Collora, Helen Cywinski, William Crooks, Nathan Cohen, Lewis A. Coburn, Robert Ceechini, Ed Cohen, Edith Cook, Florence Duesing, Lee Anne Dieken, Geraldine Du Bree, Erma Don- ner, Don Derezinski, Shirley Davis, Judy England, Eleanore Eitel, Judith Ebner,. Jim Edmunds, Richard Evart, Carol H. Foster, Mike Factor, Jerry Fuerst, Jo- anne Gobal, Rose Greenfeld, Audrey Grigsby, Beverley Garber, Carolyn Grow, Harvey Gendler, Jeannette Garcia, San- dra Gelder, Cyra Greene, Dan Glancy, John Hornberger, Parker Hallberg, Bar- bara Hess, Nannette Horton, Faith Hol1- trop, Ron Hoffman, Cynthia Hall.Vera Hurchik, M. Ethel Heffernan, Charles Hefferna-n, M. Agnes Haynes, Robert Henshaw, Susan Henderson, Harold Heatwole, Robert Hackett, Norman Hai- pern, Edythe Josephs, Joanne Jonas, Jean Jahnke, Ann Harie Klis, Barbara Kimball, Simon Katzenellenbogen, Anne Kynast, Norma Kerlin, Erna Kochen- dorfer. Kermit Kreuger, Young H. Kim, John Kripl, Harold Lubin, Sigrid Link, Sheldon Larky, Judith Lauffer, Charles Lindquist, Sue McGough, Helga Mathiss, Shirley Meista, Nancy Ellen McDonald, Lee Ann Marshall, Paul A. Moore, Shir- ley Moore, Janice Meyer, Gary Mell- vaine, Phillip Nyhuis, Jeanne ,Nagel, Brenda Novak, Nancy Nagelkirk, Dan Orthner, Ann O'Neal, Sandra Orlovsky, Janice Peck, Bonnie Posner, Gail Park- er, Patricia Phillips, Susan Prakken, Diane Pfabe, Jean J. Pelcman, Jim Parkinson, Tony Pojos, Ruth Richards, Marcia Roeber, Bonnie Roeber, Martha Rearick, Viva Rimbaud, Jan Rahm, Mary A. Richards, Robert Ramsey Jr., Claire Semmerling, Carole Stelde, Pa- tricia Smith, Laura Sarko, Ken Shu- back, Martha Shoemaker, Miriam Sing- er, Jean Seinsheimer, Marian Shaw, Marylou Seldon, Sandra Shapiro, Brun- hilde Schuster, Dan Slobin, Mary Ann Siderits, Barbara Shade, Charles B. Stallman, Jerome E. Sikorski, Lawrence Shaw, Fred Sansone, Ann Sansone, Sid Stein, Bobbie Sim, Barbara Tuczak, Vir- ginia Thompson. Nelita True, Nancy Thomas, Betty Toyzan, Henrietta Ten Harmsel, Laurel Tuby, Rosamond Von Voightlander, Virginia Von Schon, Irene Villemuere, Martha Vernon, Barbara Wolf. Virginia Ann Witheridge, Marian Ward, Charleen Wilson, Priscilla Wool- ams, Stanley Woolams, Sharon -Wood, Jack Wyman. David Walters, Ruth Wey- man, Rita Zinkevics, Grace Zetterstrom, Joan Zandstra, Eli Zaretsky, Maurice Zilber. International Student and Family Ex- change. Have moved to new quarters at (Continued on Page 5) I LETTERS TO THE EDITOR: Defends SGC Delay on Picketing, To the Editor: WHILE I SPENT four hours picketing the Cousins Shop, David Cook wrote an editorial con- demning my failure to support "any positive action" on the dis- crimination issue. I think, therefore, that a state- ment concerning my views on picketing is in order. As indicated, I support picket- ing of the Cousins Shop. Further, I have asked SGC to endorse the picketing of chain stores if their national offices do not join in en- dorsing a policy of non-discrimi- nation. It was this last mentioned pro- posal that was communicated by letter to the national officers of the chain stores in question. These letters, Mr. Cook said, "would not seem to be a very realistic means of promoting a change in national chain store policies." I agree. But this is not why these letters were sent. I BELIEVE that these letters were mailed because the Council desires to obtain verified evidence as to whether these chains can be held responsible for the dis- criminatory practices observed in their Southern outlets. Now, taken individually these chains might be considered power- less to change such policies. How- ever, acting jointly, they have the power to effect such a change. Hence, I think the Council's let- ter was sent to publicly establish that these chains are aware of their obligation to take such joint action. I realize that the odds are pretty high that these chains have al- ready considered such joint ac- tion. But speculation and hearsay, dence is different from what the Council can. However, when these picketers request SGC's support, they cannot impose their stand- ards of proper evidence upon the Council. Two weeks, Mr. Cook, is not too long to wait to preserve due pro- cess of law. After all, there might be another Chandler Davis case for the University to consider. --Roger Seasonwein, '61 'Trouble Makers'... To the Editor: AN OPEN question to picketers and other "trouble makers" on campus: Is it part of your method- ology to openly ignore laws which would hinder your activities? In The Daily (Sunday, April 17) where you were told last week that you were breaking a law I read that you continued to hand' out your propaganda anyway. Either you already knew you were breaking a law and did not care or you did not know and did not bother to check on the matter when you were told that you were breaking a law, or possibly you realized that you were breaking a law but felt justified. Not desir- ing to be like so many people around here, I will not jump to conclusions but will ask you -~ which one of the three was it? As I continually read of your activities, several things appear to be obvious: You seem to trample on and stretch the Constitution and laws except where they fit some need and then you don't hesitate to call these things to your defense. . . . Personally I see you as a radical group, unin- formed, inconsistent in your be- gration emanate from our minds which all seem to be perverted just depending upon which side we take, let us attempt to analyze the problem from an objective view. Some time ago the Supreme Court of the United States of America (not of the North, or of the South, or of the East, or of the West) decided that segrega- tion was unlawful. This is the law. And as it is the law it will only function if the persons to whom it applies believe in the moral values behind it (i.e., All persons have certain rights as human be- ings and it is the duty of the government of the United States of America to see that these people are assured these rights). Your letter said that prior to the decision of the Supreme Court there was some integration in the South, and that after the decision the South felt that it was being persecuted and so decided not to integrate any more. Is not this rather childish; it would seem to imply that the South really did not believe in integration ever and was only doing it to look good. If the South was integrating before the decision of the Supreme Court, then its decision was only the formalizing of the people's beliefs; and if that is true, why should the South resist when today less than six per cent of the "deep South" is integrated in the Schools? That means that only 6 out of every 100 Negroes in the South have basic human rights, and then only in the schools. THE NORTH is not chaste, but it is not that bad. And in the It has been shown that through cooperation men can learn to get along together and forget all dif- ferences; the Supreme Court did not idyllically foresee the country free of segregation by 1960, but it did see that our religions have failed to instill in us the concep- tion of human equality and so it set out to achieve this in another way-forced cooperation. A survey of the history of our country would show how this has been necessary before, and that it has worked; furthermore, a history of any nation of any time would show that equality of the peoples was something which the state, if anyone, has to do-people do not like to change the status quo. * * * LET US get back to your sub- jective letter. You implied at one place that only Negroes receive welfare in the South-how naive. I think that if you were interested you would be able to learn that just as many of the sacred whites receive welfare as do the Negroes. I do not believe that these whites would like to see their welfare stopped. Approximately one hundred years ago a man was elected President of the United States of America with the name Abra- ham Lincoln. And whether you agree with this fact or not, you will have to admit that he put down an insurrection which threatened this country's exis- tence. We are told that ifhe had not been assassinated by some Southern sympathizers he would have implemented a very mild program for the reconstruction of the Southern treasoners. Unfortunately he did not live to