An Editorial. Y 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 food riot. 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 the case. 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 custom. 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 answer questions. 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 decision. 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 involved. 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 think not. 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- Sr ujan Seventieth Year of. Editorial Freedom :43a*1t VOL. LXX, No. 149 ANN ARBOR, MICHIGAN, TUESDAY, MAY 3, 1960 SIX PA Students' Expulsion Appealed 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- day. 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- eipline. 'Not Informed' 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 or apartment. 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 broken. Forfeit Deposits 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 faculty subcommittee. SGC To Vote On Bias Issue Student Government Council Sunday continued work on the motion to end discrimination in student organizations. 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- cedural changes. 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- try." 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 Passes Senate After Figh To Denounce Koch Firing In Council By RUTH EVENHUIS Student Government Council voted Sunday to send a statement to the University of Illinois ob- jecting to the suspension of Prof. Leo Koch. 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 of morality." 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. University's Role 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 and mores." Teacher's Duty "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. Vote Heeds Eisenhower Warning 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 4 The University Musical Society will give 29 concerts for the 1960- 1961 season. 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. Pianist Cliburn 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 we go?" 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 you." Mayor Delays Filling Posts 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 meeting. Creal has submitted to the coun- cil members three tentative ap- p~ointments for their private con- sideration until next Monday, he said. tume. Arthur Rubinstein will per- form here for the 13th time Nov. 14. 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 Concerts 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, Apr. 23. "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 Chon Seeks Agreement 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 two governments. 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. Anchor? 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 For Assistance 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 use. 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. Kill Proposal 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 interest. 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. Follows Warning 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 ceilings. South Africa Moves Toward New Republic 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 that chamber. South Africa has been under the British Crown since 1910 when the Union of four provinces was formed. 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 . _ _ -- - - - 'NORTH' CONFERENCE: Rights Group To Back National Demonstration Farmer Speaks 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- tion-discrimination) system. "Containment, token integration is not enough. Northern Agitators Pass Resolutions 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 17. 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- I