l , Ado' A60P 411 t t an I t4 A MERRY-GO-ROUND See Page 4 ~IaitI *~4 'I. / 0 0 COOLER; SNOW r Latest Deadline in the State VOL. LXII, No. 104 ANN ARBOR, MICHIGAN, TUESDAY, MARCH 4, 1952 SIX PAGES j * * * * * * * * * I 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