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May 07, 1960 - Image 1

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The Michigan Daily, 1960-05-07

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CO 'MMIrTTEE:s
eOR HIN ANCE?
See Page 4

Y

Seventieth Year of Editorial Freedom

DaIA

THUNDERSHOWERS
High-58
Law--43
Thundershowers during morning,
clearing toward afternoon.

..,,,_ _ .,P _._ , 4 ___- ------- --------- ---

I

OU1,.L.&, fWk0.153

ANN ARBOR, MICHIGAN, SATURDAY, MAY 7, 1960

FIVE CENTS

SIX PAGES

vas,. i sa an'-'na

.7

s

An Editorial...$
TIE CASE of Mark Hall and Stanley Lubin would ap-
pear concluded, at least as far as the two freshmen
are concerned.
The decision of the faculty subcommittee, in addi-
tion to the Joint Judiciary Council recommendation and
the vigorous opinions of Dean Rea and Vice President
Lewis, virtually assures that the suspensions will be
effected.
We still refuse to concur.
We believe the students have received an unjust penalty,
one which is more severe than deserved.
We still believe the overriding factor in the decision was
the desire to squelch rioting once and for all. This is not a
valid reason for suspending two individuals.
We also believe the administration acted inappropriately
and indefensibly, despite their circuitous arguments to the
contrary.
Further, we seriously wonder about the workings of the
University, which at base should be a number of individuals
jointly going through an educational process.
Last Wednesday, two such individuals impulsively intensi-
fied a demonstration which cannot be wholly condoned. But
their actions and their motives surely were not so unusually bad
as to erase their privilege to be members of this community
and participants in its educational process.
As individuals they have been mistreated: by the admin-
istration, the Judic, and even in a way by the subcommittee,
which, as an appellate body, never interviewed the students
personally. (This sheds curious light on the subcommittee an-
nouncement that "all circumstances have been reviewed.")
Probably the fairest consideration of the case to date came
from Student Government Council Wednesday night. Present
at the SGC executive session were Hall, Lubin, and Judic chair-
man Michael Sklar. SGC's deliberation was more compre-
hensive than the Thursday Judic hearing in terms of time
spent (five hours of discussion), and people and opinions rep-
resented.
The SGC believed the suspensions were too severe and the
students improperly treated.
: . a
TE CASE of Hall and Lubin has also raised questions about
the Joint Judic and the whole residence hall system,
The Judic, constitutionally, represents an enormous grant
of responsibility from the administration to the student body.
However, in practice it has not worked out happily. The need
here is twofold: first, a thorough, critical examination of its
workings, and second, an upsurge of interest in Judic on the
part of responsible, high-quality students.
The residence hall system, as constructed, nicely creates
conditions from which riots emerge. The needs here are more
than twofold: The University must constructively re-evaluate
everything.
* * s
But in a case of this sort, the job of convincing people be-
comes gradually impossible.
For example, too much depends on understanding the
myriad of details which collectively amount to administrative
abuse. As time passes, such details will become more difficult
to argue. In a few weeks, they may not be discussible. In a few
years, they may not be remembered.
If this be the way the University rolls on, we are sorry.
Before it goes any further, we think the entire affair should
be further reconsidered in a fair, just and comprehensive way.
-THE ACTING SENIOR EDITORS

Leaders,
Disagree
Oan Issues
By The Associated Pres
At the state Democratic con-
vention in Grand Rapids yester-
day, the three Democratic candi-
dates to succeed Governor G. Men-
nen Williams split on the issues of
a constitutional convention and
a state sales tax.
The delegates to the convention
also drafted a proposal recom-
mending that Communist China
be brought into the disarmament
talks.
The 1,605 delegates heard the
following statements from the
three candidates for the Demo-
cratic nomination for Governor.
Lt. Governor John B. Swainson
said he opposes both the consti-
tutional convention and a sales
tax increase.
Not Answer
Secretary of State James M.
Hare came out for a constitutional
convention and said the sales tax
increase was not the answer to the
state's money problems. However
he advised the delegates to wait
until the party takes a stand, be-
fore deciding on whether to vote
on the proposed increase.
Detroit Councilman Edward
Conner opposed a constitutional
convention and said the proposed
sales tax should be left up to the
voters.
The sales tax proposal, backed
by the Republicans, aims to raise
the sales tax a penny to four
cents on the dollar and will appear
by legislative resolution on the
November ballot.
Red China Policy
The policy on Red China drafted
by the delegates says, "At the
earliest possible date, mainland
China must be included in our
negotiations, as a requisite to a
comprehensive disarmament agree-
ment.
The statement also asks for an
immediate ban on detectable
atomic tests and for the eventual
establishment of an international
police force to maintain disarma-
ment.
In the national area the dele-
gates urged the President and
Congress to use the full extent of
their powers to bring about the
enforcement of civil rights.
Enjoin Violators
They further proposed power be
given to the Attorney General to
enJoin violators.
Key ideas put forth by the
Michigan Democrats have already
been adopted by the 13 state Dem-
ocratic Midwest Conference as its
platform recommendations.
The Michigan delegation will
cast 51 votes at the National Dem-
ocratic Convention in Los Angeles.
This is the seventh largest bloc
of any state. For this reason Sena-
tors Kennedy, Symington and
Humphrey and Adla E. Stevenson
all were represented at the con-
vention.
The convention, however, is ex-
pected to go on record backing
Governor Williams as a favorite-
son Presidential choice.,;

.11

STASON TO RETIRE:
Dean Answers Legal Queries

(EDITOR'S NOTE: E. Blythe Sta-4
son, who will leave the University
in June after 21 years as dean of
the Law School, answers the fol-
lowing questions prepared by a.
senior in the Law School.)
By FRED STEINGOLD
Q. Dean Stason, What skills and
qualities must our lawyers have
today in order to fulfill their pro-
fessional responsibilities?
A. I often put it this way-a
lawyer needs about five principle
qualities. First of all, he needs a
knowledge of the "corpus jurs."
Second, he needs the ability to
reason deductively, analytically
and analogically. Third, he needs
imagination; he needs the ability
to chart out new path-ways.
Fourth, in order to be successful,
he must be able to inspire confi-
dence in others Fifth, he needs
integrity. And I suppose there's a
sixth: he needs to be articulate-
both orally and in writing.
Q. Does the general public have
a realistic appreciation of the
function of the legal profession?
A. No!
Q. Would you care to expand on
that?
A. The image of the profession
possessed by the average layman
is an immage created by the press
which finds news in the sensa-
tional, the unusual and, often, the
objectionable type of legal services.
The public never reads about the
great bulk of professional activi-
ties in the law. The faulty image
can be charged to the press.
Q. As Dean of the Law School,
you instruct law students in the
ethics of the legal profession. One
claims U.S.
Aids Dictator
ANKARA, Turkey (A) -Ismet
Inonu,, leader of the political op-
position to Premier Adnan Men-
deres, charged yesterday the
government is using American aid
funds to stay in power.
Accusing Menderes of running
an "oppressive regime," the 75-1
year-old former president in ef-
fect appealed to the United States
government to withhold aid funds
until the Premier ends the tight
restrictionston the press and poli-
tical opposition.
Such action from Washington
is considered unlikely. The United
States has refrained from com-
menting on recent student demon-
strations against Menderes and es-
pecially avoided comment on Men-
deres' tough political tactics.
Aid to Turkey
United States aid to Turkey
since World War II totals more
than two billion dollars.
Inonu, who was Kemal Ataturk's
lieutenant in founding the modern
Turkish republic 40 years ago,
spoke with government permission
at a news conference in the head-
quarters of his Republican party.
Inonu said Turkey needs and
deserves American economic help
but it should support the nation]
and not any political party.

aspect of ethics which puzzles
many laymen is how a lawyer can
defend a person obviously guilty
of a crime. How can a lawyer in-
voke legal technicalities in behalf
of a criminal and still have a
clear conscience?
A. Under our system of advoc-
acy, a lawyer is obliged by his
profession to see to it that every-
one who needs professional ser-
vice gets it. A lawyer must, of
course, refrain from, presenting
unthruths to the court and from
distorting the truth.
But every defendant is entitled
to skilled legal services-at least
to insure that the penalties im-
posed will not be excessive and
that the defendant is given every
opportunity to present his de-
fenses.
Q. It has been said in recent
years that the rule of law on an
international level is the only al-
ternative to the destruction of
civilization as we know it. How do
you feel about this?
A. I think this is a very worthy
ideal but that it's extremely dif-
ficult to consummate. If the rule
of law could replace rule by forces
this would be excellent.
However, in disputes between
nations, questions are so frequent-
ly political rather than legal in
nature that it is difficult to see
how such questions can be liti-
gated. Instead, we will have to
rely on the processes of negotia-
tion.
It is to be hoped that by in-
creased acceptance of the rule of
law for litigious questions and of
across-the-table negotiations for
political questions, the rule of
force con be minimized if not
eliminated.
Q. A good deal of your legal
career has been devoted to a study
of administrative tribunals such
as the Federal Communications
Commission and the Atomic En-
ergy Commission. Have these reg-
ulatory agencies lived up to the

A. Yes. I think so as a general
rule. The agencies were created
for the most part to bring expert
technical understanding to bear
on regulatory questions. This the
agencies have done.
On the other hand, there are
many people who expected the
administrative poces to be more
expeditious than the judicial pro-
cess. This has proved to be a dis-
appointment.
Q. Our present Supreme Court
is often criticized for making new
law rather than sticking to its
job of interpreting the existing
Constitution and statutes. Is such
criticism valid?
A. In my judgment, it is not.
Naturally, in the process of in-
terpreting the Constitution, it is
necessary to take account of
changed conditions and apply the
Constitutional standards to them.
This may seem to some people to
be judicial legislation but I don't
look at it that way.
Q. Further along this line, has
our Supreme Court gone too far
in valuing personal rights over
property rights as some observers;
maintain?
A. I don't feel that personal
rights have been overvalued but'
I've sometimes felt that property
rights have been undervalued in
the decisions of the last genera-
tion.
Q. During your years as a pro-]
fessor and Dean of the Law School
have you noticed any significant
changes in the student body?
A. I've noticed several differ-
ences. I think that the student
body of today has a far wider
range of interests than the stu-
dent body had when I was a law]
student. On the other hand, I
feel that the present day students
are less diligent with respect to
the tasks of the Law School than
we were 30 or 40 years ago.
I've also sensed a dimunition of
competence in the handling of the
English language-particularly in
written form. I'd like to add, how-
ever, that I'm sure the present
students will make excellent law-
yers as have those in bygone
years.S
Q. Are law students subject toE
the apathy and indifference which
are often said to characterize the
college student of today?
A. No, I don't feel they're apa-
thetic and indifferent. They are
a highly selected group, and I
find them very keen and know-<
ledgeable, using their intellectualj
capabilities in a vigorous way. I
would, however, like to see them
direct more of their energies to-
ward "corpus juris" and stop try-
ing to get a legal education outr
of canned briefs and canned out-E
lines.-
Q. What are your plans after
you retire as Dean?t
A. I'm going to become Admin-
istrator of the American BarY
Foundation in Chicago at ther
American Bar Center. The Ameri-t
can Bar Foundation is the re-
search arm of the American Bar
Association and is a very chal-x
lenging opportunity.

Group Justifies
Suspension Rule
Faculty Subcommittee on Discipline
Unanimously Affirms Joint Judic
By THOMAS HAYDEN
The appeals of freshmen Mark Hall and Stanley Lubin
were rejected yesterday by the faculty subcommittee on dis
cipline, which unanimously affirmed the suspensions rec-
commended last week by Joint Judiciary Council.
In announcing its decision, the three-member faculty
group listed four considerations as particularly significant:
1) Demonstrations like the one on April 27 are detri-
mental to the University's best interest and reputation.
2) All students have been made aware that leadership
in such affairs would be dealt with severly by the University.

task we expected of them
they were created?

when

Symington Tells Democrats
U.S. Lacking in Leadership
ABINGDON, Va. (/P)-Sen. Stu-
art Symington (D-Mo.) said yes- until events create American pol-
terday the great problem of the icy.
United States is lack of leader- In he prepared address, he ac-
ship. cused the Eisenhower administra-
"The country needs leadership tion of bad management and said,
and needs to be strong," he said. "This has cost our country in hu-
"I am tired of hearing what Mr. man terms as well as dollars."
Khrushchev says and what he
thinks. I want to see a DemocraticV
president in the White House. NV
"I don't want to see the United
States a second - rate power. I
want to see this country first on
earth, first in space and first ir Ihehearipfcaltlnkid.
the hearts of all mankind."
Tossed Text Away
Symington, a candidate for the By IRIS BROWN
Democratic presidential nomina- "Cowardice is not non-violence,",
tion, virtually tossed away his Acharya Kripalani commented, ex-
prepared text after the first few plaining his support of military
minutes of a Jefferson-Jackson
day dinner speech to ninth dis- settlement of India's recent border
trict Democrats. dispute with China.
He said he had given a prepared He stressed that he is not a mili-
text to the press and stood behind tarist, but that when there seems
every word of it but was changing to be no other means of solving a
his speech because of develop-tobnothrmasfslvga
ments. problem, constructive military ac-
He said Khrushchev made the tion may be necessary. "What do
most bitter attack on the United people keep armies for?" he asked.
States yesterday since the death Kripalani, a leader of the Praja
of Hitler.
Some 600 ninth district Demo- (People's) Socialist Party, and his
crats attended the dinner held on wife Sucheta Kripalani, general
the eve of tomorrow's convention secretary of the Congress Party,
which will rennminate Re.n Pat 4..-. A..n Ann , .A . +..*,.3 .v nn

'U' Official
'Seeks Post
Prof. John W. Lederle of the
University political science depart-
ment and director of the Institute
of Public Administration, is re-
portedly still in contention for the
presidency of Western Michigan
University.
State Controller James W. Miller
and Prof. Russel Seibert, Western
Michigan's vice-president for aca-
demic affairs, have also been pin-
pointed as prime possibilities for
consideration in Wednesday's in-
terviews by the State Board of
Education.
A possible fourth candidate is
Dr. Lynn Bartlett, superintendent
of public instruction, as tecent
reports implying that he was no
longer being considered for the
post have since been discredited.

3) Hall and Lubin were warned
of such disciplinary action several
times during Wednesday's demon-
stration.
4) Hall and Lubin were "crude
and vulgar and beyond all bounds
of propriety" in the early stages
of the incident.
Suspension For Semester
The penalty approved by the
subcommittee calls for disciplin-
ary probation for the students
until June, then suspension from
the University through January,
1961.
After learning of the subcom-
mittee action, Hall and Lubin said
they were sorry they could not
have been interviewed by any
members of the group (which as
an appellate body, does not "re-
hear" entire cases).
The freshmen plan further ap-
peals but said they were unsure of
the next immediate step.
Little precedent exists for ap-
peals beyond the faculty subcom-
mittee. It derives its functions
from the University Senate com-
mittee on student conduct, which
reportedly last met in 1947.
Appeals Uncertain
Appeals could apparently be
made to that committee, or pos-
sibly to the Office of the Presi-
dent.
The students are charged with
having incited and led last
Wednesday's demonstration. The
across - campus march was gen-
erated from a dispute over dinner
regulations in East Quadrangle.
They were brought before the
Judie the following night for im-
mediate consideration, and were
found guilty of conduct unbecom.
ing a student because they "insti-
gated and actively led" a demon-
stration "disgraceful and detri-
mental" to the University.
Protest Increases
Student protest has mounted
daily following the Judic decision,
with The Daily, Student Govern-
ment Council and West Quadran-
gle Council calling for reconsidera-
tion. Inter - Quadrangle Council
rejected a similar recommenda-
tion.
Petitions for reconsideration,
now including more than 1,000
names, are still being filed with
the Office of the Dean of Men.
Prof. John Reed of the Law
School, chairman of the subcom-
mittee which includes Prof. Axel
Marine of the mechanical en-
gineering department, and Prof.
Joseph Kallenbach of the political
science department, approved the
original Judic decision last Friday,
with Prof. Kallenbach absent.
Appeals Sent Tuesday
They received the appeals of the
two students on Tuesday.
Prof. Reed, who dispatched no-
tices of the subcommittee action
to the students yesterday, made
an explanatory announcement to
the press, which reads in part:
"The subcommittee on discipline
has considered with care the ap-
peals of the two students charged
with inciting and leading a demon-
stration on campus on Wednesday
evening, Apr. 27... .
Understands Severity
"The subcommittee fully realizes
the severity of the penalties. How-
ever, after review of all the cir-
cumstances, the subcommittee, by
a unanimous vote, feels impelled
to affirm the penalties originally
recommended by the Joint Judici-
ary Council, particularly in view
of +. n ,mi ~nnniriar+i .

v

EUGENE ORMANDY
...instructs young musicians
Musicianship
Spelled Out
By Ormandy
By BEATRICE TEODORO
"The young musician must not
only have an instrumental educa-
tion, but a complete musical edu-
cation," a man who has con-
ducted symphony orchestras for
over thirty years said yesterday.
Eugene Ormandy, conductor of
the Philadelphia Orchestra, be-
lieves that budding musicians
should have a "first class, well
rounded musical education," to
take advantage of the increased
musical opportunities.
"The future of the American
artists, whether he is interested in
solo or orchestral music, is greater
than ever," he maintained. "More
symphony orchestras are being
born in this country than ever
before, offering many opportunities
to the young musician."
Give Musician Chance
The international music festi-
vals are also great aids, because
they give the musician a chance
to match himself against his for-
eign counterparts, Ormandy added.
"It is a wonderful experience to
face competition," he said. It is
then that the musician can see
how good he really is, which may
serve as encouragement for a
concert career.
Ormandy cited the case of Ivan
Davis, a Texas pianist, who won
the International Liszt Festival
recently. Davis will appear as
guest guest soloist with Ormandy
and the Philadelphia Orchestra on

ni Discusses India-China Border Dispute

main differences lying in emphasis
and execution.
"What is the difference between
the American parties?" Mr. Kripa-
lani jested.
In clarifying the position of In-
dian socialism he emphasized that
it is the country's most anti-Com-
munist party.
Good Will to America
The former party chairman also
spoke of the feeling of good will
toward America, citing Eisenhow-
er's enthusiastic welcome as an
example.
Again he joked, "Does America
need any good will?"
Mrs. Kripalani will speak today
- 0 - - ..4,1'4 _ . . _ . ...

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