Joint Judiciary Council was too severe and the Dean of
Men's office improperly influential in the suspension of two
University freshmen for their participation in last week's
During the 24 hours between the Wednesday demonstra-
tion and Thursday decision, the Dean's office followed irreg-
ular and hasty procedures amounting to undue paternalism.
Without direct recommendation, the Dean's office ac-
tively encouraged the Joint Judic decision by presenting their
case as a considered administrative opinion.
The Judic decision was unfAir to the two individuals.
Moreover, we believe the role played by Dean of Men Walter
B. Rea in influencing that decision to be indefensible.
Within 12 hours of the Wednesday riot, Rea had gathered John
M. Hale, assistant dean for residence halls, and John H. Taylor, East
Quadrangle resident director. All three wanted immediate action to
prevent further disturbances and support disintegrating morale among
certain residence hall staff men.
The two students were called in that afternoon to meet with Rea,
Hale, and Taylor. At the meeting, Rea pointedly told the pair he
would recommend suspension from the University, were he handling
When the students had left, Rea invited in Judic Chairman
Michael Sklar. A good deal of their discussion centered on suspension,
something unprecedented, but also something Rea wanted. He ad-
mitted suspension was a drastic step, but all other possible measures
seemed exhausted, and therefore felt suspension in this case would
be possible, and in his opinion justifiable.
Rea asked Sklar if the matter could be put on the Judic agenda
of that evening. A request from the Dean of Men for such immed-
late action comes rarely. Sklar agreed after checking the agenda, and
the two students were notified to appear at 9:45 p.m.
Ordinary procedure in such a case demands a written statement
of facts be submitted from the Dean of Men's office to the Judic. The
Dean's representative does not present the case, but acts only as an
adviser available to answer questions from the Council.
In this case, reports from Hale on the riot and a resident advisor
on occurrences in the residence halls were submitted, but none from
the Dean of Men. Instead, Rea and Hale were permitted an extra-
ordinary verbal presentation of the facts without the students pres-
ent. Their talk, because of its length, sharply violated all former
The students arrived at the Council chambers at 9:45, as in-
structed. About that time or shortly after, Rea and Hale entered the
chambers to present their report. The students waited outside.
Sklar says they waited no more than 30 minutes, from "about
10" to "about 10:30", then were brought in for their interview.
Rea says he and Hale were in the Council chambers "perhaps an
hour but no more," from 10 to 11 "at the latest."
The students say they arrived at 9:45, but were not admitted to
the Chambers until 11:30 "at the earliest."
At any rate, the Council met until at least 1:30 a.m., with Rea
and Hale present throughout. Having addressed the Council before
the students entered, they sat silently through the interview, and
were asked to remain during the Council's final deliberations and
One Judic member asked the Dean how he would dispose of the
case, were it his decision to make.
He said he personally favored suspension, but did not want to
influence the Judic decision.
In the interest of "immediate action," Rea called. for a lunch
meeting Thursday morning of the faculty subcommittee on discipline,
which usually takes a week or two to study recommended suspensions.
The subcommittee approved Judic's decision.
While Sklar started preparing the official letter announcing the
Council's decision to the students, Rea, Hale and Taylor were calling
in the students to Rea's office to make the announcement personally.
Sh6rtly thereafter, Rea himself released the official announce-
ment to the acting Daily editor, thus breaking traditional Judic-Daily
press agreements (the Judic chairman was surprised to hear Rea had
made the announcement). In the interview, Rea repeatedly used the
pronoun "we" regarding the Judic disposition.
In summary then, the decision to suspend was made by a group
of people who perhaps believed they were acting independent of
Dean Rea. But there is no doubt that the Dean's position was known
and that it had too considerable an influence on the Council's final
His personal involvement, his frank assertion of his own feelings,
his argument that "all possible methods have been exhausted," the
possible ensuing feeling that the administration must be right-all
this forces the conclusion that Rea's role was subtly tyrannical,
whether consciously so or not.
The whole case brings up the often-asked but never-satisfact-
orily-answered question: What is the proper relationship of Joint
Judiciary to the Administration?
TUDGING BY THURSDAY'S action, this much can be determined:
if subtle administrative influence exists so considerably, a student
judiciary can effectively fulfill no function.
Apart from all apparent administrative paternalism, the con-
crete facts of the case do not warrant a suspension for the students
Although the students deserve a penalty for their behavior,
nothing they did deserves the penalty received-the most severe dis-
cipline ever administered a participant in a demonstration.
The students were freshmen, caught in their first trouble with
the University, leading a demonstration not possibly comparable to
many of the riots of the last decade.
In the Council's mind, the positive identification of leaders for
the first time in history seemed to be a telling factor in the decision
to suspend. But it will not do to suspend because of "active leader-
ship" or "inciting"-they led an essentially harmless demonstration.
It will not do to claim the affair "could" have gotten out of con-
trol-it did not. It will not do to claim it was kept under control
only because staff men were present in large numbers-if the staff
men were of any worth, they would have checked the demonstration
inside the residence hall where it began.
It will not do to claim that the students were suspended because
"their activity was not educationally defensible." It was as defensible
as any football game, or any Michigamua initiation.
It will not do to suspend because of "admitted disregard of re-"
Cputed warnings" from staff men--none of the warnings of the last
decade have made it wholly clear that suspension could be assumed
the punishment for a demonstration.
Even Rea admitted he was sorry the boys were freshmen and
didn't have so much experience at the University.
The basic reason Rea thought suspension was necessary, the
basic reason for his unusually intense involvement, was simply this
-he believes the long tradition of student uprisings in the spring
must end, if the University is to be properly accepted by the tax-
paying public as a sound educational institution.
But the question is not whether riots detract from the name of
a sound educational institution. It is whether or not any institution
can misuse an individual student to further its public image. We
Rea could have made the suspension quickly himself, without
drawing in the Judic. However, that would have focused repercus-
sions on the administration alone. It would seem more proper jud-
icially, and less embarrassing for the administrator, if the matter
went thorugh Judic.
The affair is not necessarily over. We hope there are repercus-
Seventieth Year of. Editorial Freedom
VOL. LXX, No. 149
ANN ARBOR, MICHIGAN, TUESDAY, MAY 3, 1960
By KENNETH MeELDOWNEY
The two students who were sus-
pended from the University for
their actions in Wednesday's food
riot appealed the decision yester-
Their appeals were given to
John Bingely, assistant dean of
men. They charged that the haste
and manner by which suspension
was finally recommended, com-
bined with the harshness of the
punishment, were reason for the
decision to be reversed.
The appeals will be given to the
faculty Sub-Committee on Dis-
One of the students said his
appeal stressed that they were
never allowed to hear the side be-
ing presented by the administra-
tion, and thusnever had an op-
portunity to refute the charges.
"We were never informed as to
who formulated the facts that
were used against us."
The suspension from the Uni-
versity would take effect in June
and last until January of next
year. The two students were also
ordered to leave the residence hall
system. As of now one of the two
is living in his fraternity while the
other is remaining in East Quad-
rangle until he can locate a room
Gilbert Lutz, assistant business
manager of the residence hals,
said last night the students would
receive all payment made in ad-
vance for this semester, but would
loose the deposit and advance room
payment that is held out to in-
sure that the contract is not
Leonard A. Schaadt, business
director of the residence halls, said
deposits will be forfeited because
in effect the students broke the
contract through their actions.
The students were involved in
the Wednesday night food riot
which began in East Quadrangle
and ended up in a march to West
and South Quadrangles and even-
tually to Mary Markley Hall.
The two were brought before
Joint Judiciary Council the next
night and the Council's decision
to expel them from the University
was confirmed the next day by the
SGC To Vote
On Bias Issue
Student Government Council
Sunday continued work on the
motion to end discrimination in
Final consideration is scheduled
for tomorrow's meeting.
Amendments approved Sunday
included a move to reformulate
the general regulation of the non-
discrimination motion, and grants
of specific exemptions to religious
and nationality groups.
The Council also voted two pro-
The new general regulation
reads: "All recognized student or-
ganizations shall selectumember-
ship and afford opportunities to
members on the basis of personal
merit and not race, color, religion,
creed, national origin, or ances-
The Council postponed consider-
ation until tomorrow on motions
concerning appointment and com-
position of the committee the non-
discrimination proposal would set
up to administer its clauses.
New Foreign Aid Progran
By RUTH EVENHUIS
Student Government Council
voted Sunday to send a statement
to the University of Illinois ob-
jecting to the suspension of Prof.
The official Illinois press re-
leases said the suspension resulted
from a letter which Koch wrote
to the Illinois student newspaper
concerning premarital relations.
President David D. Henry termed
Koch's letter "a grave breach of
academic responsibility," adding
that "the views expressed are of-
fensive and repugnant, contrary
to commonly accepted standards
The Council passed a motion,
proposed by Roger Seasonwein,
'~,to send a statement to the
University of Illinois Board of
Trustees and to the president af-
firming that SGC considers the
views Koch expressed neither ob-
scene nor incitive, and stating
that, therefore, Koch had not only
the right to state his views, but
also the responsibility to do so.
The statement also points out
that "a university must encour-
age, aid, and protect its faculty
members when their right to free
expression is challenged. This,
rather than the suppression of
such free expression, seems to be
in the best interests of any Uni-
versity which hopes to regard it-
self as an educational institution."
Debating against the motion to
send the statement, Interfrater-
nity Council President Jon Trost,
'61, proposed that the situation
involved a question of academic
freedom which carries with it
limitations and responsibilities.
Seasonwein pointed out that the
case, by the admission of Presi-
dent Henry, was related only to a
question of academic responsibility
which Acting Daily Editor Thomas
Hayden said does not consist of
"conforming to society's traditions
"The teacher's responsibility," he
continued, "is neither to change
the world or to preserve the status
quo-his realm in the field of
ideas." Hayden considered Koch
within that realm.
Trost questioned whether the
SGC is in a position to judge
better than the officials involved
whether or not Koch had violated
his responsibility. Seasonwein
pointed out that SGC is in pos-
session of all the facts upon which
the University of Illinois based its
decision, and noted that SGC is
in a position to judge the morality
"without yielding to expediency."
Copy to Faculty
The motion also provided for a
copy of the statement to be sent
to the Faculty Senate of the Uni-
versity with a request that it
take similar action.
TO APPEAR HERE-Arthur Rubinstein (left) will give his 10th Ann Arbor performance Nov. 14.
The Boston Orchestra with their conductor, Charles Munch (center) will return for their 30th
consecutive performance here Oct. 29. Van Cliburn (right) will make his Ann Arbor debut in two
concerts, scheduled for Oct. 31 and Nov. 2.
Set New Concert Season Artists
The University Musical Society
will give 29 concerts for the 1960-
Ten major concerts of the 82nd
annual. Choral Union Series, five
events on the 15th annual Extra
Concert Series, two "Messiah" per-
formances, the 21st annual Cham-
ber Music Festival of three con-
certs, the 68th Ann Arbor May
Festival, and three special concerts
comprise the season.
Hilde Gueden, Viennese soprano
of the Metropolitan Opera Com-
pany will open the Choral Union
Series Oct. 6, in Hill Aud. Charles
Munch will conduct the Boston
Symphony Orchestra in their 13th
consecutive visit Oct. 29.
Van Cliburn will perform Nov.
2. The following Sunday will bring
the Branko Krsmanovich Chorus
of Yugoslavia presenting a concert
of classic and folk music in cos-
'WE HAD FRIENDS':
Foreign Policy 'Upset',
Truman Tells YD Meeting
LEXINGTON, VA. WA - Former President Harry S. Truman
charged yesterday that the Eisenhower administration has "abso-
lutely upset the foreign policy of the United States."
When he was President, the peppery Truman told cheering
Washington and Lee University students, there was a foreign policy
"and we had friends." Now, he said, the United States is losing friends
throughout the world and when
these friends are lost, "where can
In a 22-minute keynote address
to the Washington and Lee Demo-
cratic mock convention, Truman
said the Eisenhower administra-
tion has "ruined the farmers, in-
stituted government by veto . . .
(and) returned the financial pol-
icy to the money lenders."
He called the Republican party
the party of privilege and said it
originally was "made up princi-
pally of know-nothings and it's
been that way ever since."
Truman told the students and
guests the world confains only
about 700 million white people,
but about 2.4 billion red, black
and brown people. These other
peoples, Truman said, have "a
head, a heart and a constitution
as good to them as yours is to
City Mayor Cecil 0. Creal last
night postponed filling three va-
cant positions on the Human Re-
lations Board until next week.
Three - year commission terms
have expired for Vice -President
for Student Affairs James A. Lew-
is, Assistant Dean of Women Mrs.
Elizabeth M. Davenport and Mrs.
H. R. Crane. Mrs. Davenport has
asked not to be reappointed.
"I did not realize how important
the appointments are," Creal told
the city council at its weekly
Creal has submitted to the coun-
cil members three tentative ap-
p~ointments for their private con-
sideration until next Monday, he
tume. Arthur Rubinstein will per-
form here for the 13th time Nov.
The Warsaw Philharmonic, con-
ducted by Witold Rowicki on their
first tour of America will play Jan.
18. Violinist Henryk Szeryng will
appear Feb. 14 followed by Swedish
Tenor, Jussi Bjoerling on Feb. 28.
Two orchestra concerts are in
this series, the Dallas Symphony
under -Paul Kletzki, Mar. 10 and
the Toronto Symphony under Wal-
ter Susskind, Mar. 15.
Extra Series Concerts will open
Oct. 17, with Metropolitan basso
Jerome Hines, Van Cliburn comes
Oct. 31. Robert Shaw returns with
his Choral and Orchestra on Jan.
12. Violin virtuoso Zino Frances-
catti makes his sixth appearance
here Mar. 21. The series ends with
the Concertgebouw Orchestra of
Amsterdam under Eugene Jochum,
"Messiah" concerts Dec. 3 and
4 will feature four guest soloists:
Phyllis Curtin, soprano; Evelyn
Beal, contralto; Walter Carringer,
tenor; and Donald Bell, bass. The
Choral Union and the Musical So-
ciety Orchestra, Lester McCoy,
conductor, will participate.
A new group for the annual
See 'U', Page 2
WASHINGTON (P) - Chinese
Communist Premier Chou En-Lai
has named his price for a mutual
exchange of American and Com-
munist Chinese newspapermen -
a formal agreement between the
Peiping radio in an English
broadcast monitored here yester-
day quoted Chou's terms in a ques-
tion and answer account of the
premier's news conference in Kat-
mandu Nepal, last Thursday.
State Department officials
quickly labeled Chou's statement a
"propaganda gimmick" and said
he had no real interest whatever
in allowing United States newsmen
to enter Chinese Communist ter-
ritory. Chou's offer was not inter-
preted here as a back-door attempt
to gain recognition of Communist
China by the United States.
A University sorority is miss-
ing an anchor.
At least that is what Delta
GammaAsorority at 1800 Wash-
tenaw Ave. told the police on
Sunday. Their large steel ship's
Proposal Being Cut
In President's Budget
WASHINGTON VP)-A $4.1 bil-
lion foreign aid program won Sen-
ate approval last night after a
day-long battle over efforts to
clamp tight new restrictions on its
The vote came after President
Eisenhower's warning delivered
last night, that any drastic cut in
his four-billion-dollar foreign aid
program would be a crushing de-
feat in the struggle "between
communistic imperialism and free-
dom founded in faith and justice."
Just before passage, the Senate
brushed aside Administration
warnings it would have harmful
repercussions throughout the Mid-
dle East by reaffirming its opposi-
tion to any assistance to the.
United Arab Republic while the
UAR continues its ban against
Israel shipping in the Suez Canal.
It did so by voting, 45-39, to
kill a proposal by Sen. J. William
Fulbright (D-Ark.) to offset its
effect by requesting the President
to weigh considerations of peace
and stability and avoid "partiality"
in applying its principles.
But Sen. Jacob K. Javits (R-
N.Y.), supporting last week's anti-
Arab resolution by Sens. Paul H.
Douglas (D-Il!.) and Kenneth B.
Keating (R-N.Y.), said the Presi-
dent "could disregard itreom-
pletely since it simply expresses
the sentiment of Congress," and
the President need not apply it if
he found it against the national
Otherwise, the President emerged
generally victorious in a series of
roll calls, suffering only one ut
of $20 million-a reduction from
$175 to $155 million in the amount
he asked for his contingency fund
to meet unforseeable emergencies.
Passage of the bill came after
a State Department warning of
repercussions throughout the Mid-
dIe East if the amendment directed
at the Arab ban on Israeli ship-
ping was put through.
The program which the Senate
approved last night provides a
ceiling only $49,400,000 less than
Eisenhower asked and $87,100,000
higher than the House voted. The
differences in the Senate and
House bill will be compromised in
a joint conference committee.
The money victories were only
temporary, however, for the big
fight to cut the program will come
later on an appropriation bill to
provide the financing for which
the authorization bill simply sets
CAPE TOWN, South Africa -(UP
- South Afrcan Nationalists yes
terday moved a step nearer to
their goal of turning this country
-a constitutional monarchy-in-
to a republic.
The lower house of Parliament
passed a bill authorizing the hold-
ing of amplebiscite on the issue.
The bill must still pass the upper
house but Nationalists dominate
South Africa has been under the
British Crown since 1910 when the
Union of four provinces was
Until the end of the three year
Boer War in 1902, the Transvaal
and the Orange Free State were
separate republics while Natal and
the Cape were British colonies.
The opposition United Party,
which draws its support mainly
,. . . ... a . _ _ -- - - -
Rights Group To Back National Demonstration
At Final SeSsion
(EDITOR'S NOTE: The following
are excerpts from the speech of
James Farmer, national program
director of the National Association
for the Advancement of Colored
People, to the closing session of
the Conference on Human Rights
in the Northl
"We're in a war-a fight ... not
involving people but ideas." "Laws
are not intended to root the evils
out of the hearts of men-but
control their actions. Let me il-
battle of black against white or
it will fail.
"The extremists are not the
one's I'm worried about . . . The
people who maintain segregation
are the good, decent white people.
They are more numerous; their
prejudices are more subtle.
"Make a personal commitment
-as far as humanly possible .. .
set yourself against the (segrega-
"Containment, token integration
is not enough.
For New Meeting
By JAMES SEDER
At is concluding session Sunday
afternoon, the Conference for Hu-
man Rights in the North voted to
support national non-violent dem-
onstrations for civil rights on May
May 17 is the anniversary of
the 1954 Supreme Court decision
on school desegregation. Both the
National Association for the Ad-
vancement of Colored People and
ment of a national student news.-
letter on human rights.
The conference would aim at
bringing together students from
campuses across the country and
would include several student
groups including the National
Student Association, the Raleigh
Conference, and the New England
coordinating groups. The news-
letter would contain information
on what is being done by, stud.ents
throughoutthe North and South.
The Conference also urged that
students help to rally "public sym-
pathy around the needs of Deer-