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March 04, 1952 - Image 1

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Publication:
The Michigan Daily, 1952-03-04

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Latest Deadline in the State

VOL. LXII, No. 104 ANN ARBOR, MICHIGAN, TUESDAY, MARCH 4, 1952

SIX PAGES

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Royal Claims
Witness Lied;
Asks Re-Trial
Attorney Calls
Jury Biased
An appeal for a new trial for
an 18 year old Milan youth, con-
victed of second degree murder in
the mallet-slaying of Nurse Pau-
line Campbell, was filed yesterday
in circuit court.
Albert J. Rapp, attorney for
David Lee Royal, now serving a
22-year-to-life sentence in Ionia
State Prison, charged in his mo-
tion for a new trial that key .pro-
secution witness Daniel Baughey
Y had perjured himself in his testi-
mony against Royal and his com-
panions in crime, William R.
Morey III, and Jacob Max Pell.
HIGHPOINT of the tense pro-
ceedings which meted Morey and
Pell life terms in Southern Michi-
gan Prison along with Royal's
sentence, was the 19 year old
Baughey's testimony that he had
encountered Royal with Morey
and Pell on the night of Sept. 13
and that the trio had bragged of
a Sept. 11 attack on another Uni-
versity Hospital Nurse, Shirley
Mackley, five days before Miss
Campbell was murdered.
Rapp said he has five new
witnesses who will refute
Baughey's testimony. Included
in his re-trial brief are affidavits
from Lewis Ernst, 18 years old,
and Raymond Mannlein, 20
years old, both of Milan, that
Royal was with them through-.
out the evening in which Baugh-
ey claimed meeting the con-
victed youth. .xf
The motion for a new trial,
submitted to Circuit Judge James
f R. Breakey, Jr. only a day before
the March 4 deadline, also in-
cludes an affidavit from Mrs.
Virginia Seidel of 2840 Overridge
Drive to the effect that Morey
was with her family on the eve-
ning of Sept. 13; and a third af-
fidavit from Mrs. Ruby Bank of
2008 Dexter Ave. states that Pell
was with another youth that eve-
ing.
Charging that Baughey admit-
ted after the trial that he had
lied on the stand, Rapp tore into
the jury's "Guilty" verdict as
"founded upon passion and pre-
judice prevailing at the time of
the trial."
A hearing on the motion was
set for March 18. If rejected by
Judge Breakey, the motion could
be re-submitted to the State Su-
preme Court.
SL Petitionm
'Dates Changed
The deadline for pickinp up
petitions for the spring all-campus
elections has been extended until
Friday, Bob Neary, chairman of
the Campus Action Committee has
announced.
More candidates are wanted for
t positions on SL, J-Hop and for
the office of vice-president of the
Union from the Law School and
from the dental school.
"We hope to get 60 people run-
ning for SL," Neary said. Twenty
full year and two one semester
positions are open. There are nine
places on the J-Hop committee to
be elected.

Also to be voted on during the
election are two places on the
Board in Control of Intercollegiate
Athletics, three on the Board in
Control of Student Publications
and the senior class officers of the
literary college and the college of
engineering.
Petitions for all of these posi-
tions can be procured from 3 to
5 p.m. today through Friday at
the SL Building, 122 S. Forest.

US. Court Upholds NYAnti-Red Law

Committee
Fears Talks
'Subversive'

An Editorial .0.a
Abner Greene is an authority on the question of
foreign born deportees. Last week, the Civil Liberties
Committee on this campus asked him to come here and
speak to them about this subject. They knew he had
been in jail; most of the members of the group didn't
know much more about him. When they voted on it,
it was a cloudy issue.
They applied to the University Lecture Com-
mittee for permission to have him speak. The man-
ner in which the petition was handled, and the whole
choice of the man in the first place was an extremely
slipshod one. But, the quality of their decision not-
withstanding, the CLC was quite within their rights
to ask him.
Greene, despite his background, and close associa-
tion with so-called "Communist front" groups, is not an
avowed Communist. Along with several thousand other
Americans, he has refused.to answer questions put to
him by investigators. But he is willing to say, and firmly,
that he has never advocated the overthrow of the govern-
ment and does not intend to do so. This puts him in a
somewhat different category than the three avowed Com-
munist speakers previously banned'by the Lecture Com-
mittee. Even in these decisions the Committee erred in
presupposing that all Communists are militant.
...
The Regent's By-laws give the basis of procedure for
these Lecture Committee decisions: that meetings may
be held on University property provided "that during
such meetings there shall be no . . . advocacy of the
subversion of the government of the United States nor
of the state." This excerpt of the by-laws is the only
portion which gives even the glimpse of a reason for
banning Greene. Yet it does not in itself directly apply
to his case.
In- acting as they did, the Lecture Committee
has entered into an entirely new phase of interpreta-
tion, going beyond existing rules to the extent that
they may now not only ban persons who are openly
Communists (in the Lecture Committee's terms,
those advocating overthrow of the government) but
also those who are suspected of being Communists
(suspected of advocating overthrow of the govern-
ment). In short, until a man can prove he is inno-
cent of being a Communist, he is guilty, and should
not be allowed to speak for fear he might slip over
the line.
All of this focuses directly back on the rule which
the Lecture Committee is bound to enforce, and the
virtual impossibility surrounding their commission. We
feel that the rule itself is a very poor one, the concept of
a lecture committee worse, and by examples such as this
both are showing themselves inoperable in practice. The
Lecture Committee cannot determine what a man is
going to say: they can only find out who he is, and
conjecture on what he will say.
That is what the Lecture Committee tried to do in
this case. In treating it as they did, thef showed tenden-
cies even more deplorable than the actual rule which
they must enforce. They were willing to require proof
of innocence, rather than of guilt. They should give the
whole matter, and that of Arthur McPhaul, who received
the same handling, positive reconsideration.
-The Senior Editors

Communist
Teacher Ban
Called_]Legal
Three Justices
Dissent on Case
WASHINGTON -(P)- The Su-
preme Court, splitting 6 to 3, yes-
terday upheld a New York state
law designed to bar Communists
and other subversive persons from
working in the public school sys-
tem.
In the majority opinion, Justice
Minton said:
"School authorities have the
right and the duty to screen the
officials, teachers and employes as
to their fitness to maintain the
integrity of the schools as part of
ordered society."
* * *
THE DECISION brought separ-
ate written dissents from three
justices, one of which-by Justice
Douglas-said the law "inevitably
turns the school system into a spy-
ing project."
The law, generally known as
the Feinberg Law, is designed to
bar subversive persons from
working in the school system.
Eight New York taxpayers con-
tended it violates freedom of'
speech and assembly.
Enacted in 1949, the Feinberg
Law is aimed at enforcing a 1939
state Civil Service law which says
anyone who advocates violent over-
throw of the government may not
work for the state.
THOSE who made up the Su-
preme Court majority, besides
Minton, were Chief Justice Vinson
and Justices Reed, Jackson, Bur-
ton, and Clark. In the minority
were Justices Douglas, Black and
Frankfurter.
In an unusually busy session, the
Court also:
1. Dismissed an attack on af
New Jersey law which requires
daily reading of portions of the
Bible in the schools of New Jer-
sey, but indicated it might con-
sider a case brought under dif-
ferent circumstances.
2. Upheld the Georgia county
unit election system, underwhich
state officials are elected in some-
what the same manner inkwhich
the Electoral College picks the
President of the United States.
3. Threw out the first test to
reach it of the new federal tax on
gambling.
The effect of the Court's ruling
in the New Jersey Bible case is
that the state's law remains un-
changed. In 34 other states the
Bible is read in public schools,
either by option or by requirement.
No Reds Here,
WilliamsTold
LANSING-G)-Governor Wil-
liams was assured yesterday that
there are no known Communists
in State government by Police
Commissioner Donald S. Leonard
and Civil Service Director Arthur
G. Rasch.
Despite the assurance of a pro-
posal for a Senate investigation of
"allegations of Communist in-
fluences in the educational system
of the State" was made by Sen.
Robert R. Fennestra (R-Grand
Rapids).

-Daiy-Larry Wilk
BANNED SPEAKER-Abner Greene (right) converses with Debra Landau, '52, chairman of the
Civil Liberties Committee and Saul Grossman, former 'U' student and Executive Secretary of the
Michigan Committee for the Protection of the Foreign born, after Greene had learned of the Lecture
Committee's refusal to allow him to speak.
,McPhaul, Greene Discuss Opinions

The two men tentatively ban-
ned yesterday from speaking on
campus told The Daily last night
they "do not advocate violentl
overthrow of the government," but
would not say if they are Com-
munists.
They were both denied permis-
sion to speak by the University
Lecture Committee, on grounds
that the committee as yet had no
guarantee they would not advocate
subversion of the government or
that the talks would be "in spirit

and expression worthy of the Uni-
versity."
.* * *
SAID ARTHUR McPhaul, execu-
tive secretary of the Michigan Civil
Rights Congress :
"I do not advocate violent
overthrow of the government. I
think the country should be
changed, but democratically.
Asked if he was or ever has been
a Communist, McPhaul gave no
direct answer: "That's a trick
question. Once you answer it one

DEMANDS CONSISTENCY:
Bouldin Threatens To Resign
As FacultyAdvisor of CLC'
By VIRGINIA VOSS
In the midst of heated debate among Civil Liberties Committee
members, Prof. Kenneth Boulding of the economics department stated
last night that he "would have to resign as faculty advisor" unless
an amendment promoting consistency of views within the group
was passed.
Boulding explained his statement on the grounds that he could
support no organization whose views disagreed with those of the
American Civil Liberties Union. The ACLU in effect bars Communists
and Fascists from its membership.
Boulding emphasized that a civil liberties group should not include
those people who oppose civil rights. Asked if there were Communists
in the organization Boulding replied: "I wouldn't be horribly sur-
prised."
The amendment to which Boulding referred was either one of
two proposed earlier in the meeting. Both the amendments agreed
that "the CLC holds it inapprop- -

way or the other, trouble arises.
If you say you aren't, there's al-
ways some stool-pigeon that will
say you are . .. . opinions should
not be public property; they are
the individual's concern. I believe
I am upholding the constitution
by not answering this question."
ABNER GREENE, executive sec-
retary of the American Committee
for Protection of the Foreign Barn,
also said he doesn't advocate over-
throw of the government and re-
fused to say whether or not he was
a Communist. "The question of
political beliefs has been manu-
factured to create an atmosphere
of hysteria. I for one refuse to
submit to the intimidation and the
ignoring of rights this question
represents. I'm not going to any-
one and say I'm not a Communist
so let me speak."
"I know of no one who would
overthrow government but the
Ku Klux Klan, the Un-American
Activities Committee, and the
Smith and McCarran acts car-
ried out completely," Greene
continued.%
He said he had intended to speak
last night on "the 3,400 non-citi-
zens threatened with deportation
and separation from, their families
and the 1,200 naturalized Ameri-
cans facing deportation, on po-
litical grounds."
"If defense of democratic rights
is subversive, then I would be mak-
ing a subversive speech."

Move Frustrates
YP, CLC Plans
By BOB KEITH
Daily City Editor
Two men associated with al-
legedly subversive organizations
were temporarily banned from
speaking on campus yesterday in
an apparently unprecedented
move by the University Lecturer
Committee.
The speakers, proposed by two
student organizations, were denied
permission to appear "until suffi-
cient evidence is produced" to
satisfy the committee that the
speeches would not be subversive.
Permission was withheld
from:
1) Abner Greene, executive sec- ,
retary of the American Commit-
tee for the Protection of the For-
eign born, branded as a subver-
sive organization by the Attorney-
General. Greene was released from
jail a month ago following a six-
month sentence for contempt of
Congress in last summer's much-
publicized Civil Rights Congress
bail fund case. He had been sche-
duled to speak at last night's
meeting of the campus Civil Lib-
erties Committee.
2) Arthur McPhaul, executive
secretary of the Michigan Chapter
of the Civil Rights Congress, also
branded subversive. McPhaul, who
spoke on campus last year -at the
emotion-packed Willie McGee
rally in Lane Hall, was scheduled
to address the campus Young Pro-
gressives Thursday night.
McPhaul was an unco-operative
witness at last week's Communist.
probe in Detroit.
* * *
IF THE BAN against the two
men becomes permanent, it will
mark the first action of its kind in
recent University history. Only
three other speakers-Gerhard
Eisler; Carl Marzani and Prof.
Herbert Phillips -- have been
barred as subversives since the
Lecture Committee was set up 15
years ago and all were avowed
Communists. As far as anyone on
campus has been able to deter-
mine, Greeneband. McPhaul are
not.
In withholding permission on
a conditional basis, the five-mem-
ber Lecture Committee left the
way open for the two sponsoring
groups to produce further evidence
that the speeches would not vio-
late rules of the Board of Re-
gents.
A Regents by-law asks a
"guarantee" that campus,
speeches contain no "advocacy
of the subversion of the govern-
ment" and that meetings and
lectures be "inthe spirit and ex-
pression worthy of the Univer-
sity."
Both Greene and McPhaul told
The Daily last night they "do not
advocate the overthrow of the
government," (See column five.)
THE DOUBLE banning brought
forth immediate protests from
both campus groups involved.
Local Young Progressive.
chairman Joan Berler, 54 A&D,
released a scathing attack en
the Lecture Committee drawn
up by the chapter's executive'
board.
The statement said the board
was "profoundly shocked at the
lecture committee's decision."
"Mr. McPhaul was to speak on.
Negro rights and ennumerate
charges of genocide against Negro
Americans. That the lecture com-
mittee seeks to stifle discussion
on this topic indicates they are
afraid studeits might gain ideas
on how to rid our country of the
blot of white supremacy.
"The YPA does not seek any

subversion of American rights,
but on the contrary wishes to safe-
guard those rights guaranteed in
the U.S Constitution. Unfortu-
nately we are living in times an-
tithetical to democracy.
- "We are of the opinion that Mr.

riate for any person to be a mem-
ber of this organization who is a
member of any other organization
which supports totalitarian aspects
of any country or who by his public
declarations indicates his support
of such a principle."
The amendment is patterned af-!
ter constitutional provisions of the
American Civil Liberties Union.
a * >
PROF. PRESTON Slosson of the
history department. immediately
cited Boulding as "no fair-weather
friend." Quoting from the ACLU
constitution, he commended its
views as being" honorable, consis-
tent, free from hypocrisy, and my
own."
Debate on the proposed amend-
ments indicated wide differences
of opinion within the organiza-
tion.
Proponents of the plan diisagreed
among themselves as to whether
the amendment should be submit-
ted as a test for membership or as
a "credo" for club policy. They
agreed, however, that the CLC
should advocate consistency in its
membership while defending the
right to civil liberties to anyone

'BEAT TEXAS U':
Campus Groups Race
To Pledge 1lood Donors

By MARGE SHEPHERD
The race is on in the pledge
campaigner for the all-campus
"Beat Texas U" blood drive March
10 to 21.
Fraternities, sororities, indepen-
dent housing units, campus organ-
izations, departments and faculty
groups are rapidly rolling up their
sleeves and joining in the battle to
gain the highest percentage of
pledges.
* * *
" AN IMPETUS to the contest has
been provided by the announce-
ment of several awards to be made
to the top units.
A cup and a trophy have been
donated by two local jewelers to
be awarded to the winning men's
and women's organized groups.
Additional prizes will be an-
nounced at the hint Size Revue,
a kick-off talent show to be held

special preview of the coming
Union Opera.
An elaborate hat dance from
the 1951 Junior Girls Play will
be presented by five members of
the cast, who recently appeared
on a University TV program.
The Ann Arbor Alley Cats and
the Barton Hill Beavers will stage
a jazz battle which promises to be
a fight to exhaustion.
* * *
FORMER PRESIDENT Alexan-
der G. Ruthven will be back in
the spotlight again, appearing in
a feature act. Governor G. Men-
nen Williams has also been invited
to the Revue.
Over 600 pledge cards have been
turned in to the Office of Student
Affairs thus far. Leading units are
the astronomy department with 63
percent of the faculty staff and
grain students signed nn. The

SIX GROUPS NOT LISTED:
IFC Announces 275 Sprinig Pledges

Calendar

Two hundred and seventy-five

I

Jack Elliott Orwant, '54; David

M. Chigrinsky, '56; SherwinI

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