i
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
The Senior Column
"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.
DAY, JANUARY 12, 1960
NIGHT EDITOR: KATHLEEN MOORE,
--- f ^
I
AS I SEE IT *"**"By THOMAS TURNER
N IMPORTANT TEST of the faculty's good
will regarding student discipline will take
place early next semester.
At that time, the Faculty Subcommittee on
Discipline will meet with Joint Judiciary Coun-
cil, to discuss opening- sessions of the latter
when the student "defendant" wishes.
This action, if taken, would guarantee to
the' student a right defendants in court have-
possible public vindication when the facts of
his case become widely known-and would at
he.same time preserve another student right,
that of privacy (if desired) regarding what is
essentially a private matter between him and
the University.
There is, of couse, another benefit which
may well be realized: open hearings would pro-
vide students, other than those unfortunate
enough to have appeared at a session under the
closed system, with information and impres-
sions necessary for intelligent discussion of ju-
dicial philosophy and procedure.
Such discussion, with participation by as
many students as possible, might lead to some
needed changes; certainly, it would necessarily
precede any changes which might occur.
No alternate plan stands out as an ideal way
of disciplining students, but a number of
trouble-spots are obvious.
THE PRINCIPAL consideration behind criti-
cism of the student judicial system has been
tlat of "double jeopardy." The critics have a
valid point but are obscuring it by use of
this phrase.
"Double jeopardy" is ordinarily used to refer
to one's legal protection from being tried twice
on the same charge. It does not imply con-
sideration of the dichotomy between federal
and local jurisdiction. For if in the course of a
t, trial in a .loal court evidence of violation of a
federal statute arises, charges may also be
brought on the basis of this violation.
To the extent that Ann Arbor courts and
University judiciaries are parallel systems, the
term "double jeopardy" is not relevant.
A POINT of greater importance is overlooked
also, for the teZ'mp. "double Jeopardy" implies
that Joint Judic is a court. It is, in the sense
that it hears cases and imposes penalties.
But in another sense it is not, for students
appearing before Joint Judic in disciplinary
cases.arenot found guilty of violation of a
regulation there, but of "conduct unbecoming a
student." They are presumed by Judic to have
violated some rule or law, though they may be
able to prove they have not.
Then Joint Judic decides the extent to which
each student has been guilty of "conduct un-
becoming;" 95,per cent of those who appear are
found guilty to some extent.d
This does not, of course, eliminate the point
the critics who cry "double jeopardy" are try-
ing to make. It does, however, make two points
out, of the one: what should be the objectives
of University discipline, and what should be the
role of students in enforcing that discipline? In
any case, students penalized twice for violation
of ordinances, state statutes or federal laws
deserve an explanation from the University.
THERE WOULlp APPEAR to be a number of
objectives in the University's disciplinary
system, not completely consistent with one an-
other.
Student participation in discipline cannot be
discussed adequately unless the manner in
which cases are referred to Joint Judic is con-
'sidered.
If, for example, a male student is arrested,
tried and convicted by the City for a- drinking
violation, Assistant Dean of Men John Bingley
knows about the situation shortly after the
arrest; he will ordinarily refer the case to
Joint Judic for consideration as "conduct un-
becoming a student."
He will usually handle the case himself if a
morals violation is involved, however.
And sometimes, as in the case of a 27-year-
old student, Bingley will handle the situation
himself through the violation is not in itself
touchy.
"The student's welfare is presumably a major
criterion in who handles the case as is the
good name of the school.
Handling a case himself, Bingley is able to
take advantage of his extensive experience in
dealing with personal problems. Presumably,
Editorial Staf
THOMAS TURNER, Editor
PHILIP POWER ROBERT JUNKER
Editorial Director City Editor
CHARLES KOZOLL ........ Personnel Director
JOAN KAATZ..................Magazine Editor
BARTON HUTHWAITE ........... Features Editor
JIM BENAGH...................Sports Editor
JAMES BOW.. , .,........ Associate City Editor
PETER DAWSON .. .... .. Contributing Editor
FRED KATZ ................ Associate Sports Editor
the cases he passes on to Joint Judic do not
require such treatment.
BUT ONE WOULD never know it, to hear
members of Joint Judic earnestly describe
"peer counseling"-their interpretation of the
Council's role. This, they seem to believe, is the
chief advantage in having a student judiciary
handle a given case instead of an administrator.
Students on Judic are supposed to be able to
understand their "peers," it is argued, and
help them to obey the rules.
Yet it is obvious that the relative sophistica-
tion of the Deans as opposed to the student
Judic members makes what is a valid approach
for the former-"helping someone"-out of
something which is nonsense for students to
offer one another.
Few students on this campus believe there is
anything mnorally wrong with being caught
drinking. Since this includes Joint Judic mem-
bers as well as others, the Joint Judic members
take refuge behind obligation to the letter of
the law. This causes the puritanical mien which
so enrages students who go before the Council
and are told of "peer counseling," and asked
if they thought about "the effect of your action
upon the University."
Student violators would certainly be far
happier with a mechanistic campus judicial
system, in which a fairly rigid system of penal-
ties and precedents Were relied upon.
The administration could handle this-if
students have a role it is considering excep-
tions, meeting only on appeals to adminisra-
tion decisions.
ONE MAY ASK at this stage, well and good,
but why should the University punish stu-
dents?
There would appear to be a number of objec-
tives embodied in the University's judicial sys-
tem, objectives which are not consistent with
one another.
Dean Bingley's concern with handling cases
personally would indicate an attempt to be cor-
rective.
Expelling students would indicate an attempt
to rid the school of unfit students.
But fining students through Joint Judic
would seem to indicate nothing more than a
desire to burn the fingers of offenders so they
won't err again. Why fines would be thought to
demonstrate obligation to the University is by
no means clear; if the only issue is showing
the danger of breaking the law, the law en-
forcement and judicial institutions of Ann
Arbor are capable of carrying out this duty.
SINCE OBLIGATION to the University arises
from the fact that this 'is an educational
institution, and one must show that he deserves
an education, and since the ultimate penalty is
severance of the connection between student
and school, there is no reason not directly
connected with money why a series of demerits
or penalty points would not be as effective as
fines.
This would eliminate the present necessity
for weighing a fine of so many dollars against
probation of so many weeks, and would make
the question of whether or not a city convic-
tion had been obtained irrelevant.
'A change to such a system, if combined with
an observable system of precedent for violations
of various types, would go far to make Joint
Judic a respected body. It would also remove,
in part at least, the temptation to Council
members to play the role of conscience or
psychologist.
JOINT JUDIC CASES have thus far been
discussed in terms of those which chairman
Joel Levine calls "disciplinary." There is an-
other category, called "traffic" cases. While
there are some disciplinary cases which are
given to Judic after consideration as to whether
or not the administration wants to handle
them, there is no weighing of traffic violations
by the administration. The administration has
laid this menial labor in Joint Judic's lap.
The way in which this came about is indi-
cative of an unhealthy attitude toward stu-
dents-that the University can "make deals"
with them.
When the driving age was lowered from an
incredible 26 years of ago to a more reasonable
21, jurisdiction over traffic violations (obviously
to be more numerous in the future) was given
to students.
Handling these routine cases makes a mock-
ery of student judiciaries, regardless of what
grounds such judiciaries are justified on.
Joint Judic now splits into two small boards
to hear such cases. Since a half-council obvi-
ously is no quorum, this is an extra-legal means
of disposing of the cases, anologous to Detroit's
use of "referees" whose decisions may be ap-
pealed to actual judges.
The question is not the morality of automatic
traffic fines, but the ethics of imposing such
coolie labor upon students who are supposedly
being entrusted with the important duty of
sharinr in discinmin nf their flAUw sidents.
RECENT anti-semitic outbursts
which have spread from West
Germany through Europe and fi-
nally to this country (reaching
even to Ann Arbor) are quite like-
ly to produce emotional reactions
among American Jews.
Much of the concern and fear
will be aroused by the presence 'of
the very connotative swastika em-
blem which' was the symbol of
Nazi tyranny. Thousands of people
still remember what occurred
from 1933 until 1945 and the signs
which are reappearing on syna-
gogue walls revive memories of
these very objectionable scenes.
It would be very easy for these
people to demand action in pas-
sionate orations. Sympathetic and
unaffected civic leaders in com-
munities fromJacksonville, Fla.
to Santa Fe, .New Mexico. could
implement sweeping and super-
ficial movements designed to ap-
prehend the culprits and suppos-
edly gt to and destroy the roots
of the problem.
* * *
SUCH SERMONS and legisla-
tive action might. ostensibly alle-
viate the situation by stamping
out the rash of incidents, but it is
quite questionable if the real
causes of the anti-semitism will be
discussed or even realized.
The more rational members of
the Jewish and non-Jewish com-
munities affected will point out
that there are certain logical cor-
ollaries to any legal action. One
of these is certainly that educa-
tion must follow any moves to
change the minds of men by co-
ercive means.
The more articulate of this
group will state that mental atti-
tudes cannot be shaped by laws.
The ignorant must be shown why
this form of hatred is illogical and
unacceptable before they will
agree to new legislation.
* * *
LEADERS of all faiths will un-
doubtedly mention that brother-
hood is a necessary requirement
for the type of nation the United
States government claims to
maintain. Cooperation between all
groups, regardless of race, creed
or color, is necessary for the effi-
cient functioning of all phases of
our national.existence.
Politicians will add that these
overt manifestations of racial or
religious hatred do much to weak-
en your already shaky position
among the Afro-Asian bloc of na-
tions. Relations with a country
that contains practicing bigots
aren't the most desirous, especial-
ly if the second nation is domin-
antly Negro or Asian.
It is important to have these
valid statements reiterated when-
ever the problem of anti-semitism
appears. More important than
these statements would be for the
Jews themselves to realize that
they may consciously or uncon-
sciously provoke ill will 'by many
things that they do or say.
THE BIGGEST area of conflict
is the concept of a "Jewish Com-
munity" existing in this country.
For reasons which now seem to
lack cultural validity, Jews tend to
isolate themselves in certain areas
of cities they live in.
The grouping, which can be
traced back to Eastern European
days when this religious-ethnic
group was forcibly enclosed in
ghettoes, is sometimes justified in
terms of proximity to a syna-
gogue. People invert a cause and
effect relationship here when they
say that the synagogue appears
first and the community rushes to
congregate around it.
* * *
THE ISOLATION, sustained by
geographic location, extends into
other areas. Large numbers of
Jews in this country will refuse to
mix socially with non-Jews; coun-
try clubs of one ethnic orientation
are a most pronounced example.
Under the guise of taking pre-
cautions against mixed dating,
Jewish parents will prevent their
children from having social con-
tacts with those of another reli-
gion. This attitude, ingrained at
an earlier age, is carried on to the
college campus.
Besides requesting roommates
of the same religion, men and wo-
men later consolidate into pre-
dominantly Jewish fraternities
and sororities. Some students who
would be interested in a non-
Jewish fraternity or sorority are
subject to local or familial pres-
sures against such a move.
* * *
IN ADDITION to the geograph-
ic and social factors, there is an
outdated Europeanrview that Ju-
daic religion is inextricably mixed
with its culture. Adherence to re-
ligion (and culture) requires a
certain srparation from the gen-
tile community. To maintain the
religion anrd prevent assimilation,
the Jew must consolidate and re-
sist cultural indoctrination.
Among large segments of the
community this view has been re-
jected. But there are still many
who do not separate the idea of
a religion and a culture because
of this refusal; one segment de-
nies their Judaic heritage as too
demanding, another accepts it
blindly.
Among these two groups that
are unwilling to logically figure
out what place their religion has,
there is a tendency to practice
the geographic and social' separa-
tion that gives rise to anti-
semitism.
Certainly ignorance plays an
important part in the malicious
and destructive practices which
characterize this form of hatred.
But it also must be recognized
that Jews sustain group practices
which antagonize the rest of the
community.
Unless the maligned group takes
efforts to correct some of the col-
lective inadequacies, no amount of
preaching or legislation or educa-
tion will eliminate the recurrence
of these outbursts.
Congress Reconvenies:
What Will I t Do?
SEVEN ARTS:
Jazz from the Outside III
(Continued from Page 1)
tary spending, because of the pro-
posed budget surplus, and that the
$41 billion will not be increased
much.
* * *
AS FOR the space program, the.
President has said he will ask for
$800 million next year, compared
with $500 million being spent this
year. He said he would propose
changes in its organization. Some
Democrats may demand a consid-
erably bigger program.
Foreign aid, now a little under
$4 billion a year, probably be at-
tacked in Congress, cut by the
"usual" 20 per cent, and passed,
the Times says. More novel will.
be the President's attempt to get
other industrial countries to aid
underdeveloped ones.
* * *
OTHER ISSUES besides the
budget will be:
Civil rights. This comes up in
the Senate in the middle of Feb-
ruary; some members of the
House have been trying to get it
onto the House floor sooner. Since
this is an election year, both par-
ties are expected to be cautious
about what they do.
Two proposals are especially
prominent. ne is to require elec-
tion boards to keep voting records
for at least two years and show
them to the Justice Department
on demand. The other, proposed
by the Civil Rights Commission,
is to provide for sending federal
registrars into places where the
state registrars are shown to dis-
criminate.
The registrar proposal has "a
very small chance of passing,"
Prof. Peek thinks, and other ob-
servers seem to agree. But he
thinks Congress will probably pass
something about voting records,
largely because Sen. Johnson and
Sam Rayburn want to get a civil-
rights bill credited to Johnson, so
as to further his chances for the
Presidency.
FEDERAL AID for building
schools. This subject is high on
the priority list of both the Ad-
ministration and the CAngression-
al Democrats. The Administra-
tion's proposal is to help school
districts float their own bonds;
Democrats propose granting them
considerable sums directly.
"I'm not very sanguine on the
school bill," Prof. Peek says, and
The Atlantic adds that "federal
aid to education once again ap-
pears to havelittle chance of
passage." It has always gotten
caught in two cross-fires, Prof.
Peek explains. Its supporters have
in the past become divided over
two questions - whether to allow
states to give money to parochial
schools, and whether to limit as-
sistance to school districts prac-
ticing segregation.
* * *
LABOR. The steel strike raises
the question whether some more
(EDITOR'S NOTE: This is the
third of a series of articles dealing
with the socio-psychologicai aspects
of jazz by Mr. You~ng.)
By AL YOUNG
Generation Co-Editor
HAVE the habit of whistling
Bird tunes (i.e., Charlie Parker
compositions) or' Woody -(Her-
Iian) tunes or Lady (Billie Holi-
day) tunes when I'm walking, es-
pecially on late, quiet nights. It
was a long time before I came
upon other whistlers in the night
who whistled some of the same
numbers that made up my book,
even echoed some of the same mu-
sicians I copied.
I was full of steals and para-
phrases from practically every-
one I had ever listened to. Now
and then some Ella Mae Morse
would slip in with the Miles and
Duke. Her "Cow-Cow Boogie" is
one of the clearest tunes I can re-
call from my childhood. A buddy
of mine always manages to get in
one or two Louis Jordan licks in
any piece he whistles. This will
give you some idea of what period
we grew up in.
Analyzing my own whistling
and that of other jazz whistlers is
the way I learned how much ex-
terior influence goes into the
making of any artist. I'm not
calling myself an artist, mind you,
but it was certainly important to
find that I wasn't as musically
original as I would liked to have
thought, being able to improvise
at the drop of a hat.
* * *
I ONCE tape-recorded some of
my whistled solos. Playing them
back, I could spot and trace many
fragments and ways of turning a
phrase right smack back to the
player I'd stolen it from. It was
almost embarrassing, at first, to
discover how very few original fig-
ures went into my whistling. I had
no "undeveloped command of in-
strument" to blame either. I could
control my own little limited
whistle better than I could any
instrument proper. I had to face
the uncomfortable fact that, es-
sentially, Iwas a jazz whistler of
a highly derivative style.
I think the turning point was
my Sonny Rollins period - a
brittle, disjointed, cubistic-type
whistle that took every vehicle it
tackled apart at the seams. After
that, I loosened up in my whistl-
ing and consciously began to cul-
tivate what I thought was a prob-
ing, freewheeling style.
It was around this same period
that the tenor saxophonist Rol-
lins was altering his own approach
and drifting off toward the some-
what permanent transitional state
evident in his playing today.
*' * *
I BEGAN listening to a lot of
old recordings - Frankie Trum-
whistle. It's really a very sparse
"horn" when you come down to
it. Its range is unbelievably meager
though the tone can be worked
out if you're prepared to take the
time it will require to develop the
proper muscles. Still I'd like to get
together with perhaps two or
three other whistlers and cut an
LP with say, Red Garland, Wen-
dell Marshall and Osie Johnson
working the rhythm section. In
the meantime, I've taken up the
recorder which is truly limited as
a jazz instrument but which has
such a lovely, if not controllable,
tone.
* * *
ONE OF MY high school cronies
is now a narcotics addict -
youngster, barely in his twenties,
who will probably never make
very much of himself as he has no
interests save "digging jams and
getting high" (i.e., listening, to
jazz recordings and experiencing
intoxication).,
He plays no instrument, knows
no trade, studies nothing. I knew
him when he was sullen and rest-
less, but sober most of the time.
In those days, he was strictly a
rhythm and blues man -- went in
for Ruth Brown, Willie Mabon
and B. B. King. Records such as
King Pleasure's "Moody's Mood
for Love" and Annie Ross's
"Twisted" eventually became the
bridge to gap his entrance into
bop and the so-called "Cool
School" which, even then, was un-
dergoing a thaw.
He went crazy over George
Shearing (so many of us were
struck by those early boppish 78s
of his). Then we put him through
his paces, trying him out with
the work of Stan Getz and Ward-
ell Gray. By the end of the year
he was all ears for "Yard" (i.e.,
Charlie Parker) and Thelonius
Monk. We even turned him on to
some of Charlie Mingus's initial
sides - which no more than half-
a-dozen people will remember -
"Extrasensory Perception" and
"Pink Topsy" (Mingus was still
dabbling with the notion of break-
ing Schoenberg and Webern down
into jazz terms at that time, c.
1950).
OUR ENTHUSIASTIC initiate
was skipping lunch to save money
and buy records like the rest of
us, and putting down (denounc-
ing) "Top Ten" more vehemently
than we ever dared. In this re-
spect, he was like many "converts"
we had known who were often
more passionate and more dedi-
cated to the faith than the dyed-
in-the-wool adherent. He went
overboard. If the trgth were
known, we had already learned to
work such jazz cpusins as Sinatra,
June Christy and Perez Prado into
our musical diets..
Our "convert", however, had no
eyes outside of the little closed
circle of boppers and "moderns."
adequate system for settling ma-
jor strikes is needed. In his State-
of-the-Union speech the Presi-
dent proposed no new legislation.
"I have a feeling," Prof. Pee
says, "that nothing will be done
about this question." It is a con-
plicated subject, he said, that re-
quires hearings. Furthermore, la-
bor is still reacting to the Lan-
drum-Griffith bill, and the steel
strike has been settled. Others
seem to agree that nothing will be
passed.
AGRICULTURE. The Admin-
'istration will try to lower the
price-support level for wheat, and
to extend the soil-bank program,
by which farmers are paid to keep
land out of production. Demo-
crats are expected to resist, hop-
ing to exploit farmers' discontent.
Over both issues, the Times says,
battles seem likely.
Interest rates. The Administra.;
tion will try to get Congress to re-
move the present 4% per cent
ceiling on the interest rates for
marketable Treasury bonds. Some
Democrats are expected to resist
vigorously. Why they will, Prof.
Peek does not see; he thinks the
ceiling simply makes it harder for
the Treasury to sell its bonds.
* * *
HOUSING. The President ve-
toed two Democratic-sponsored
housing bills last year because of
its high spending levels fr things
like slum clearance and public
housing. This year new federal
funds for home mortgages will be
needed, and a coalition of Demo ;
crats and Republicans is expect-
ed to fight for the provisions the
President opposed last year.
Here Prof. Peek expects some'
success, by the action of Speaker
Rayburn and Sen. Johnson for
the sake of the latter.
Social security. Higher benefits
and more liberalization of the Old
Age Survivors' and Disability In-
surance System have become
standard practice for election
year, and this one is expected to
be no exception.
AT THIE CAMPUS:
Sca e oat
CUPPOSE you are a teacher of
French in a provincial English
University-and, what is infinitely
worse, lived like one. Then one
day you change places with a man
who owns a sixteenth-century cha-
teau, a title, a foundry, and a
beautiful mist'ess.
If you are "The Scapegoat," the
dream shortly becomes another
man's nightmare peopled with a
neurotic x.:ife, children who threat-
en to leap from turret -windows.
and mothers who are addicted to
morphine. Alec Guinness, as Da-
phne Du Maurier's hero-heel is
splendid in th'e dual role of the
cruelCountand the imposter.
The' Count, with his urbanewt
and cruel charm is the more at-
tractive character from the stand-
point of acting him. His deftness
of mind and his bored treachery
are a joy to behold.
Guinness as the conniver is much
more enthralling than. Guinness
the very gentil partfit knight.
* * *
"COMPARATIVE strangers," the
Count and the school-teacher meet
in Paris one night. After more
brandy than the law of the Eng-
lish University allows, the teacher
awakes to find himself with the
Count's passport and the Count's'
problems.
Why the switch was made be-
comes painfully clear with every
step made in the Count's shoes.
Du Maurier has long since mas-
tered the technique of mystery
and the audience anxiously leaps
the hurdles that her "Scapegoat"
must clear.
Unfortunately the mastery of
mystery is not possessed by the
director or some of the principles.
Because of the director's habit of
leaping harshly from scene to
scene, the most crucial point in
the movie can be lost to the ma-
jority of the audience.
LETTERS TO THE EDITOR:
Discuss Homosexual s
(EDITOR'S NOTE: Letters to the
Editor must be signed, in good
taste and not more than 300 words
in length. The Daily reserves the
right to edit or witthoid letters for
publication.)}
Discrepan*cy -.
To the Editor:
THE LARGE discrepancy be-.
tween the action called for by
present law and that indicated by
present knowledge is always an
area of concern to those holding
the ideal of a fair and rational
legal system. It is especially frus-
trating to those who have made
serious efforts to understand hu-
man behavioral phenomena and
yet are not in a position to make
changes based on the resulting
knowledge.
The question of the legal status
of homosexual behavior should be
approached from the point of view
of knowledge obtained through
traditional scientific procedures,
anc not in terms of ancient taboos
which may have served purposes
appropriate to societal functions
long since past. It is disconcerting
involving not so much a person 's
isolated behaviors, but more their
genesis and development; and the
meaning and effects- of thes~e be-
haviors in a given environmental
situation. When decisions have to
be made as to whether ar not
pathology exists, they must be
made in terms of our present
knowledge of behavioral dynamics,
and not in terms of undifferenti-
ating-and gross descriptive cate-
gories.
It is my hope that the new
generaltion of legal administrators
will be more cognizant of the re-
alities of human functioning, and
will modify our laws accordings.
-Robert B. Abelson, Grad.
Dept. of Psychology
Good and Bad .
To the Editor:
MR. THOMAS Hayden's editorial,
"Homosexual Crackdown of
Dubious Value," appearing in the
January 9 Daily, represented an
honest and straightforward treat-
ment of a difficult and perplexing
for their opinions, these opinicen
should not be circulated to the
campus community:
Thecontrast between the re-
sponsible and straightforward ed -
torial of Mr. Hayden's and the
anonymity and irresponsibility of
allowing letter contributors to hide
behind "Name Withheld on Re-
quest" prompted me to write this
letter asking The Daily why it
publishes signed editorials and yet
permits unsigned letters also to
appear in its publication.
-Richard O. Parmelee
Other Problems , . ,
To the Editor:
R EGARDING Mr. Schaadt's
(Residence Hall's Business Man-
ager's) plan to serve Brunch in
the Quads (a progressive idea)
because his son and daughter (nice
kids, I'm sure) who attend Michi-
gan State University 4(1Horrors!)
did not have time for breakfast
(like many of us), I can only hope
(with tongue in cheek and no
malice etc.) that his son and