'Page Eight

THE MICHIGAN DAILY

Thursday, November 13, 1975


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764-0558

Law profs react to
Douglas retirement

(Continued from Page 1)
liberals: D o u g 1 a s, (William)
Brennan and (Thurgood) Mar-
shall. The swing men were
(Potter) Stewart and (Byron)
White.
"All the conservatives had to
do to win a decision," Kamisar
noted, "was to pick up one of
the swing votes. A new Ford,

bored with the regular proced-
ures of the court.
"But durng the first half of
his career," Kahn said, "he did
excellent work. I did some briefs
before the court, and I found
that there was no one on the,
court who was brighter than
Douglas."

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In 1497 Portugal expelled
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The Spanish founded Manila
in 1571 and began to colonize
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appointee could change that KAMISAR concurred on Doug-
balance." las' intellect. "He was incred-
Law Prof. Francis Allen com- ibly bright; even some of his
mented, "The resignation does enemies have said that to me.
represent the end of an era on "He and (Justice Hugo) Black
the court. It will very likely were the great dissenters," said
affect the results of a number Kamisar. "But he was different
of pending cases, including the from Black in that he was less
death penalty case, which ap- concerned with getting a major-
pears to have been divided 5-4." ity than with saying what he
THAT CASE could lead to a felt and getting it on the record.I
reversal of a standing Supreme "He did not meet his opspo-
Court ruling which holds capi- nents at their level," Kamisar
tal punishment to be uncon- continued. "If someone said that
stiputional. the precedents' were a certain
T in.way and argued on that basin,
"Thesignificance of the resig- ihe didn't counter-research when
nation depends on who is going he might have shown that the
to take Douglas' place," Allen precedents were not really that
said. "The odds are in favor of way. He conceded too much.
Ford's choosing a conservative, "~I think it's fair to say," Ka-
but one has to be cautious about misar added, "that many aca-
en f one thinks he knows demics thought very little of
"Eve .i on thiks e kowshim because of his style. I don't
about the political philosophy of happen to share that view. It
a person appointed," he said, was a refreshing style"
"people often perform different-__s___rn_ sy.
ly on the court" than predicted.
Allen a d d e d, "Premature
mourning is not called for.' I I

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.
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.

Justice Douglas:a
life of liberalism
WASHINGTON, (Reuter) -- Supreme Court Justice
William Douglas stood unyieldingly and often alone for the
rights of the individual in more than 35 years on America's
highest court.
It was a position which made him both hero and villain
to millions of Americans as he became the longest-serving
Supreme Court justice in American history.
FORMER PRESIDENT Richard Nixon detested him
and in his 1968 campaign for the presidency vowed to end
the domination of the Court by liberals like Douglas.
President Ford, as House Republican leader, tried to
have Douglas impeached. Former Vice President Spiro
Agnew considered him a danger to society.
What rankled these men was the justice's belief that the
Vietnam war was unconstitutional and that the government
had no right to interfere with dissent.
IN THE 1950s, with anti-communist hysteria sweeping
the United States, he and Justice Hugo Black held out in
dissent against a series of Court decisions aimed at limit-
ing the rights of free speech and assembly.
The phrase "Douglas and Black dissenting" became a
commonplace.
But within a few years they helped to form a majority
on the court, under Chief Justice Earl Warren, which dra-
matically changed the country with its decisions outlaw-
ing segregation, placing limits on police activities, and
banning censorship of films and books.
WITH THE death of Black and the appointment of more
conservative judges by Nixon, Douglas once again found
himself in dissent.
Born in Maine, Minnesota, on October 16, 1998, the son
of a travelling Presbyterian minister, William Douglas was
a self-made man who worked as a newsboy and window-
washer to support himself through school.
A polio victim, he took to mountain-climbing to
strengthen his legs.
IN HIS EARLY 20s, he went from his home in Walla
Walla. Washington, across the country to New York City
to enter Columbia University Law School, undeterred by
that fact that he had literally only six cents to his name
when he arrived.
In 1936, he became the head of the securities and ex-
change commission, at the time when it was forging ahead
with the ten revolutionary idea of regulating American
industry.
In 1939, President Roosevelt appointed him to the
Supreme Court. Twice in subsequent years, he became
close to being named a candidate for Vice-President.
HAD HE received the position in 1944, he would have
become President instead of Harry Truman. In a maga.
zine article in the late 1960s, he wrote that If he had suc-
ceeded Roosevelt, there would have been no Hiroshima
and that the cold war might have been avoided.
One of Douglas's most famous cases dealt with the
convicted atomic spies, Julius and Ethel Rosenberg. He
granted them stays of execution in 1951 because of doubts
as to whether they had been convicted under the right law.

It was to Presdent Ford that'
Douglas submitted his retire-
ment letter, ending months of
speculation that he would not I
step down until after the next
election, n hopes that someone.
other than Ford would appoint
his successor.
". . . I HEREBY retire at the
close of this day from regular.
active service as an associate
justice of the Supreme Court of
the United States," Douglas,
wrote Ford.
Ford's response was a letter
of praise and "warm admira-
tion" for the man he tried to
have impeached five years ago.
The Douglas retirement gives
Ford his first appointment to
the Supreme Court. Four of the
nine justices were appointed by
former President Richard
Nixon.
FORD'S COMING appointment
will mean that a majority of the
court holds office by nomination
of the Republican administra-
tions that began with Nxon in
1969.
White House Press Secretary
Ron Nessen said he had no in-
formation about a nomination to
the court vacancy.
With Douglas ill and frequent-
ly absent from the bench, there
had been speculation for months
about possible successors.
ONE NAME that figured in
the guessing on Capitol Hill was

i


Among others considered to"Ile'
be prospects for the court ap
pointment: Atty. Gen. Edward
J. Levi; Shirley M. Hufstedlerj "
of Los Angeles, a federal ap-I
peals court judge; and William L
Coleman Jr., secretary of trans-
portation. (Contini
Senate sources said Sen. Grif- Despite a
fin, a close friend and frequent wound inflic
Ford adviser, has said he would assassination
recommend the nomination go doctors hay,
to a woman. fit enough t
FORD'S NOMINATION will be few political
subject to confirmation by the will be able
Senate. cratic nomin
First Lady Betty Ford had how well h
said she would try to persuade maries.
the President to put a woman on Many poll
the high court, where none has lieve the Ala
ever served. play ther
Chief Justice Warren Burger broker" at
said Douglas' retirement ends a cratic conv
unique career that spanned the satisfied wit
service of five chief justices inee or thi
"and sets a record that may form, he we
never be equaled." seek the pr
Burger said that in retirement, party candi
Douglas-an avid outdoorsman 1968.
until his stroke - might forego HE SAID
climbing physical mountains for! ging to all
tackling the mountains in the 1 ,2 conuer
world of ideas. orats nicker
Barrett McGurn, court infor- Govern as
mation officer, said Douglas and shlinted
made the decision to retire on niatford
his own, yesterday afternoon in Wnllaces
his chambers, a n d McGurn Whe frst
added, "None of the justices the first n
suggested it to him." in New Har

Douglas quits
(Continued from Page 1) that of Carla Hills, now secre-
recommending that Douglas be tary of housing and urban de-
removed from Supreme Court. velopment.

Wallace
says

1 run,
Ileft,
ued from Page 1)
paralyzing 'gunshot
cted during a 1972
n attempt, Wallace's
ve pronounced him;
o be president. But
analysts expect he
to win the Demo-*
nation, regardless of
e does in the. pri-
itical observers be-
bama governor may
role of a "cower
next year's Demo-
ention. Then, if dis-
th the party's nom-
e Democratic plat-
ruld be expected to
esidency as a third
date, as he did in
that voters "are not
low a reneat of the
ntion" when Demo-
A Sen. George Mc-
the varty's nominee
I.
said he would skin
residential primarv
mnshire, but run in
others. He said other
have already swent
and money in New
and that he~ is not
it.
feel like you have
gain and everything
oamoaigning there,
t41qachuisetts we il
;t rimary test, and
not sunnosed to get
n Massahbisetts,...
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LAW SCHOOL Dean Theodore'
St. Antoine said, "Douglas made
the right decision. Ever since
he had the stroke, the court has
been delaying important deci-
sions on which his vote would be
decisive."
According to Law Prof. Doug-
las Kahn, the justice "frankly
stayed on the court too long.
Beyond his illness, he became!
3

Ile s
dass~ied

U.N. motion brings
possible retaliation

I

SH ORT or LONG
HAIRSTYLES TO PLEASE
DASCOLA
STYLISTS


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(Continued from Page 1)
His delegation abstained, he!
said, because it did not want
to be drawn into "another
Middle East squabble."
Opponents of the resolution,
among them the United States,
Israel and Western European
countries, charged that the ac-
tion might provide a pretext for
some countries to crack down
on Jews with new restrictions.
SUPPORTERS of the Arab-
inspired move, on the other
hand, argued that anti-Zionism
is not the same as anti-Semit-
ism. Zionism, as practiced in
Israel, is racist because it is
exclusionist and because non-
Jews are discriminated against
in terms of citizenship and eco-
nomic opportunities, they said.
A West African representative
said he was upset by the "sud-
den outbursts and indignations
based on selective morality."
"What did the United States


do when the Spanish regime
executed the so-callad Basque
terrorists?" he asked. "These
pompous lectures on morality!
by Prof. Moynihan seem to get
out of hand," he added, refer-
ring to speeches made by Am-
bassador Daniel Moynihan after!
the controversial vote.
ARTS HAVE IMPACT
NEW YORK (A') - Cultural
activities in New York City gen-
erate more than $3 billion an-
nually, according to Robert W.
Sarnoff, national chairman of
the Business Committee for the
Arts. They contribute more than
$100 million in taxes, he added,,
Nonprofit arts organizations in
the state spend some $350 mil-
lion annually, or more than half
the operating expenditures of
the state's agricultural business,
he said. They employ 33,000
people, more than the railroad
industry in New York state,
Sarnoff added.

st of the t
'andidptes
-rr'h time
"I ijst'
n"Itjin to
to lN-s" by
he said.
HP ,SATD
he his first
P#ded. "I'm
qrv votes it
T1*- 5F-ve
rovl-ded by
rene-ted ch
c"nnorters,
-'nber of

NIEMEYER
COMMITTEE REPORT
The Committee expresses its appreciation to the many persons who have responded to our
ampeal for funds to assist Professor Niemeyer durinq this difficult period when, despite her
Claim to tenure, she is not receiving her University salary. Proceedings in her law suit are
under way.
We invite all those who have not contributed to do so. Checks should be made out to
Committee for Professor Niemeyer and mailed to Professr Dennis Mitchell, English Dept.,
7609 Haven Hall. For a full account of the case write Prof. Mitchell or leave word at
telephone number 764-8586.
COMMITTEE FOR PROFESSOR NIEMEYER

Applications are invited to our graduate pro-
gram which leads to the degree of
PhD in Engineering
and Public Affairs
Students must have an undergraduate level
background in Engineering, Science, Math, or
Statistics.
A limited number of students will be admitted
for the coming academic year. Some RA sup-
port is available.
For information write:
Engineering and Public Affairs
Carnegie-Mellon University
Schenkley Park
Pittsburgh, Pennsylvania 15213
or telephone (412) 621-2600 x462
=No

We Have Always
Been Friendly-
(SHEP, HAROLD, and DAVE)
ut Stylists
at the UNION

Am

Lawrence 1. Berkove (English, Dearborn)
Richard B. Brandt (Philosophy)
John H. Broomfield (History)
Arthur W. Burks (Philos., Comp. & Com. Sci.)
William V. Caldwell (Moth, Flint)
Claude A. Eqgertsen (Educ.)
Roger P. Herman (Econ, Dearborn)
Arleen H. Hegedus (Nursing)
William lnqram (English)
William Kaplan (Math)
Frank R. Kennedy (Law)

Wilfred M. Kincaid (Math)
Ralph A. Loomis (Humanities)
Malcom A. Lowther (Educ.)
Thomas McClure (Art)
Dennis S. Mitchell (English)
Marcel Muller (Rom. Lanq..)
Andreis Olte (Elec. and Comp. Env.)
Rosemary C. Sarri (Soc. Work)
Earl J. Schulse (English)
Arthur J. Schwartz (Math)
Frances W. Weber (Rom. Lanq. )
Ernest P. Younq (History)


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