I
PAGE FOUR
THE MICHIGAN DAILY FRIDAY, OCTOBER 19, 1953
- - 1 tl
President Eisenhower
& the Fifth Amendment
W ITH THE GOVERNMENT rapidly clos-
ing legal loop-holes on balky witnesses
appearing before Congressional investigat-
ing committees, the most recent executive
order issued by the President in this touchy
area of action must come under the close
examination of the American public.
Mr. Eisenhower in his latest decision has
made it possible for governmental depart-
ment heads to fire their employes if they
refuse to testify before a committee re-
garding "charges of alleged disloyalty or
other misconduct" on the "ground of
Constitutional privileges against self-in-
crimination."
On preliminary consideration one may
believe the new order to be in violation of
the provisions guaranteed in the Fifth
Amendment. However. this is not the case.
Mr. Brownell, the Attorney General, point-
ed out the status of the law correctly when
he said:
"No one denies that the government em-
ploye or applicant for such employment may
constitutionally claim his privilege against
self-incrimination. But, on the other hand,
no one has the constitutional right to a
Government job."'
In effect Mr. Brownell has said that
a department head may fire any employe
because he refuses to answer certain ques-
tions. By doing this he implies that by
the refusal of an employe to respond to
questions the employe automatically be-
comes a "poor" governmental risk and so
is subject to immediate termination of his
job.
However, invocation of the Fifth Amend-
ment clause concerning self-incrimination
does not presuppose that those using it are
guilty of having committed a federal crime.
The amendment itself was originally
designed so the entire burden of prov-
ing the validity of a case for the govern-
ment rested with the prosecution, which
would be forced to rely on sources of tes-
timony other than the defendant's.
A defendant's refusal to answer questions
under the new ruling implies that his re-
sponse could be used against him by the
prosecution in convicting him of a federal
crime.
To take an example: A Congressional com-
mittee asks a man if he is a Communist. He
answers no. He is then asked if he has known
or associated with Communists. He may re-
fuse to answer because he feels that his an-
swer (if he has known Communists) might
be used in attempting to prove that he is a
Communist himself.
But this refusal to answer does not im-
ply or mean that he himself is a Com-
munist-only that his answer might be
used by the prosecution as one link in a
chain of testimony to prove he is one.
It then appears that Mr. Eisenhower's or-
der has placed in the hands of government
employers not only the right to fire their
assistants but also the right to judge their
loyalty at the same time.
This is the unwise and potentially dan-
gerous provision of the order and creates
the immediate necessity of its modification.
The power to judge guilt or innocense
must be left with the courts and not arbi-
trarily handed out to irresponsible and un-
trained government officials.
-Mark Reader
Baseball-A Sport
Or Interstate Commerce
By PAUL GREENBERG
Associate Sports Editor
MOST BASEBALL fans haven't the faint-
est notion of the diamond antics of a couple
of minor league chattels named George Tool-
son and Walter Kowalski-but club owners
from the majors right down to the bush
leagues are well aware of the presence of
the two men, who right now have organized
baseball jumping through the hoops like a
trained dog.
For Toolson and Kowalski have bared
baseball's legal sore point, the nebulous
reserve clause, and have rubbed judicial
salt into the wound. They have loosed a
cry of anti-trust violation against the
baseball bigwigs and this week their case
will be fought over in the Supreme Court.
Another plaintiff, Jack Corbett, ex-own-
er of the El Paso, Texas minor league
outfit is also batting against the clause,
his beef growing out of an agreement be-
tween basball's ex-commissioner A. B.
"Happy" Chandler and the Mexican
league back in 1949.
The entire trio is asking for treble dam-
ages under the provisions of the Clayton Act
which would net $120,000 for Toolson, $100,-
000 for Corbett and $50,000 for Kowalski..
But more than this, as far as the diamond
magnates are concerned, if the case goes
through, the logical outcome would be to
place baseball in the category of interstate
commerce-which would necessitate a com-
plete facelifting of the sports business set-
up.
The actual facts of the case are these.
Toolson, a farmhand in the New York Yan-
kee chain was under contract to the old
Newark club in the Class AAA International
League.
The Yankees then assigned him to Bing-
hamton in the Class A Eastern League, but
he refused to make the switch to the lower
loop and under the rules of organized base-
ball has been barred from the sport since
May 25, 1950. Kowalski played in the Brook-
lyn organization ever since the Dodgers
purchased his contract from Lockport in
the class "D" Pony league back in 1947. His
claim is that baseball's organization kept
him from being drafted by clubs in higher
leagues and thus denied him the right to
advance in his profession and reach higher
salary levels. Corbett charges that Chan-
dler's 1949 agreement with the Pasquels of
Mexico to respect the reserve clause cost his
team the services of four players contract-
ed before the agreement was reached.
If the Clayton Act is to be followed
"close to the vest," organized baseball will
be in desperate straits. The decision of
the court-including its brand new Chief
Justice Earl Warren-will probably be an-
nounced in a couple of months, and if
indications follow true to form, the deci-
sion will be in accord with the dictum laid
down in the Federal League case thirty
years back, that baseball is a sport and not
a trade, and thus is not subject to the
Federal anti-trust statutes.
This is a lot of legal double-talk in the
way of an admission that the anti-trust
laws are being broken, but baseball can run
no other way. With a cruel sense of reality
it must be said that the Kowalskis, the Tool-
sons and the Corbetts must suffer for the
greater health of the national pastime it-
self. What would happen if the reserve
clause died in the highest court in the land
is obvious.
The clause is a vital part of the uniform
player contract. It provides that an athlete
under contract to one club can not play with
any other club without the consent of the
owner of his contract - and this together
with the "black-list"--a record of players de-
clared ineligible because of refusal to report
to a club to which they have been assigned--
form a basic and needed precaution to pro-
tect "little clubs" from the encroachments
of their bigger and wealthier neighbors.
What would happen with the disappear-
ance of the reserve clause is all too ob-
vious. Any star nurtured and developed
on a poor club could be wooed away by its
richer competitors, just by waving dollar
bills in front of the athletes' noses. True,
this would be "free enterprise" but it
would so bleed the smaller clubs of tal-
ent that pennant races would become a
farce. The more powerful clubs, which
attract more fans and thus get more mon-
ey at the gate would buy all of the talent
from their less fortunate neighbors-and
the .cycle would snowball until there would
actually be a "minor league" right in the
major league-with only one or two of the
richest clubs able to think of winning a
pennant.
It is strange though, that the two major
league teams directly involved in the case
are the two strongest financially-anad thus
the first to benefit, if such a term could be
employed here, by the removal of the clause.
Atcually, no team would really "benefit" by
loss of the clause, because spectator inter-
est in such a game of "dollar baseball"
would be sure to wane.
Without some assurance that the stars
of a team would return for the following
season before being 'bid away" by some
financial monster in its league or some
other, no fan could possibly expect to re-
main loyal.
Evil or no, the reserve clause is a neces-
sity for baseball. And one thing sure, if
Kowalski or Toolson could have played
"money ball." they would have been paid
for it-nobody is going to keep a Mickey
Mantle in the minor leagues-nobody is
going to underpay a Jackie Robinson.
The
City Editor's
SCRATCH
PAD
By ERIC VETTER
Daily City Editor
N A MEETING of more than usual inter-
est, the Board in Control of Intercollegiate
Athletics today decides on the proposed
trophy between Michigan and Michigan
State. The idea of a four-foot high map
of Michigan with Paul Bunyan super-im-
posed on it has been received with hu-
mor by most University students. To the
Board in Control, however, the situation is
not so funny.
As much as the Board members may
oppose the idea personally, they find
themselves facing a problem where re-
fusal may cause serious repercussions to
the University.
In East Lansing and among MSC alumni
the idea is heartily endorsed. The Governor's
sponsorship of the trophy gives it a political
tinge which will prove beneficial to him
whether it is adopted or rejected. Sports ed-
itors throughout the state appear in favor of
tle idea and if the trophy is rejected they
conceivably will turn out columns which will
place the University 'in an unfavorable
light. And, added to this group are thous-
ands of normally uninterested observers who
feel the idea is a good one, primarily on the
basis that any trophy is good.
When these factors are weighed against
other considerations, we see the difficult
position of the Board. Michigan has long
held that the trophy between Minnesota and
the University is sufficient. If another tro-
phy is to be established it should be care-
fully considered so as not to diminish the
importance of The Little Brown Jug. Ohio
State University has proposed a trophy be-
tween themselves and Michigan several
times, but the above considerations have
always ruled it out.
Another weighty consideration is the
merger enthusiasm Michigan students
have shown over the idea. This is not a
I snobbish attitude, which many might sup-
pose, but one based on lack of any real
desire for a trophy and ridicule of its de-
sign. Michigan football players have voic-
ed little interest in the idea and many of
the first string players are vehemently op-
posed to it.
But the Board is caught. The probability
of adverse reaction throughout the state al-
most rules out a straight rejection of the
idea. The course of action which the Board
should take to best represent the students'
interests-and ideally football at the Uni-
versity is for the students-is to agree that
perhaps a trophy should be established but
that it should come from the student bodies
and not from the Governor. Then if the
students by November 14 want a trophy, the
senior class, the student government or the
honoraries of both schools could establish
one which will mean something to the stu-
dents. In this way, politics will be divorced
from the issue and in years to come the,
trophy will be respected and will not rep-
resent something that was foisted on the
University by an ambitious Governor and
another school.
Where women
Are Women
SHOW BUSINESS slogan, slightly revis-
ed, might say: "When you've got a suc-
cess, leave it alone"
The all-male Union Opera has been such
a success. It is a steady success, and road
shows and profits seem to indicate that it
will continue to be so.
But since that eventful day in 1908 when
the Opera was conceived, the coed enroll-
ment has steadily increased. On campus to-
day there are more than 6,000 women that
aren't eligible for the musical extravaganza.
And so, not to be outdone, the women have
organized such shows as Junior Girls' Play
to give themselves a chance-just as the
League was set up when the Union decided
it was going to remain "for men only."
This is not, however, the best solution. A
steady diet of "for women only" and "for
men only" events, no matter how equally
balanced, is discriminatory-not against one
or the other, but against the steadily grow-
ing student populace who think we ought to
get together on some show or other.
Well, what about a coed musical?
Up jumps the first protest: what about
the Opera? It is questionable whether we
can maintain two musicals, each with high
quality music, play, direction, and partici-
pation. And if it is possible to maintain
two such shows, where are we going to get
the sponsor and financial backing? The
Union and the nation's alumni groups are
wholeheartedly in back of the Opera.
There is, of course, the alternative of mak-
ing the Opera itself a coed show. Actually,
in 1918, a shortage of men did necessitate
using some women in the show. But is it
sane to throw out a golden egg in the hopes
that a new kind of chicken may lay a bet-
SL/ veIrage. .Quoting Mr. Graham's speech
To te Edtor:we find time and again instances
in which he referred to the fact
[IREGRET that in covering d that only Christianity could save
- Lemrks efuoreete Student the world. He made other such
Legislature your reporter appar- statements which at a time when
ently misunderstood some of my temUnts Stat a he
comments. the United States needs all hernal-
My remarks on the action taken lies could easily turn the Eastern
in the national conventions of the Worl against us.
Mr. Graham is a dangerous kind
Deans of Women, Deans of Men of speaker. He plays on your emo-
and the American Personnel Asso- tions and then thrusts in subtle
ciation referred to the following comments. One of the great prin-
official statements: ciples of Christianity is tolerance
1. "National student organiza- -I would like to see a little of that
tions present to colleges the prob-
lem of ascertaining true facts pracThe worst part of the whole
upon which to base decisions con- fiasco was that I, as a student in
cerning local affiliation and sup- a speech course, was required to
port, and use of the institution's attend.cIn case wIeed remind any-
facilities and name." atn.I aeIedrmday
faclitesandnam."one, ti University is supposed to
2. A joint commission was estab- be nonsectarian. If this is to be
lished "whose purposes shall be to an example of what I will be forc-
'E ascertain the vital facts of na- ied to listen to in my remaining
tional student organizations which years in this University I see a
maintain campus affiliates, or very gloomy two years ahead.
VW ASHIX GTON which engage in activities involv- I certainly believe that Mr.
ing 'students. The commission will Graham owes all of us supposedly
Y ' Geport theseafactsuorstheowith-
E RR -G - UND!holdingert thes e factts by a hepartic- "Godless" ones an apology. His
ular organization, regularly and very speech proved he is not the
WITH DREW PEARSON lromrganiztir regularly and great man he pretends to be.
p tebers.,, -Shulamith Laikln, '55
You will note that there is no
EN ROUTE THROUGH the Midwest-One thing that galls the question of review or exoneration I-Hop . .
farmer today is that Ezra Benson began his career as Secretary of any group, either N.S.A., S.F.A. ON BEHALF of the Assembly
of Agriculture by hiring as his right-hand man one of the farmers' or any other. Nor has any such re- Board and the Interhouse
bitterest critics. He is Jack Davis, with the Cleveland Plain Dealer, view even taken place, let alone Council, the I-Hop Central Com-
author of the book, "American Farmer: Top Man on the Economic state eoer. ., mittee would like to express its
Totem Pole." appreciation to all the, Independ-
- (Mrs.) Sarah L. Healy ents who worked on this year's
Mr. Davis' intense dislike of the farm program is best described Associate Dean of Women dance.
not merely by the title of his book but by a speech he gave in Cleve- * * dIHop has always been a wond-
land before the National Rural Cooperative Association at which he Billy Gaham . . . erful way of getting the Inde-
said: To the Editor: pendent men and women togeth-
"Why don't you -- farmers get off the government teat?" 1AS A REQUIREMENT for my er at the beginning of the year.
Farmers have their own publications these days. They are speech course I had to attend This year, particularly with the
posted on almost everything that goes on. And when Ezra Benson, the Billy Graham lecture in Hill reorganization of I.H.C., it was a
nsedn conscietigashaegish.rdacka es, Auditorium. It has long been a wonderful step in promoting co-
sincere and conscientious as he is, hired Jack Davis as his per- policy of this University never to operation between the two organ-
sonal assistant, word spread throughout the farm belt that farmers engage political or religious speak- izations. I-Hop this year surpass-
were in for a bad time. ers on University time and proper- ed all previous attendance records
ty, least of all to make it a re- at the League. There were approx-
They have not been disappointed. The first press release Benson ;urmn o nycus.R-Imaey10 epei h al
issued as new Secretary of Agricultuire read: quirement for any course. Re- imately 1500 people in the 'Ball-
issuedcently, there has been action to room and the only request thus
"The U. S. Department of Agriculture, largest of the nation's keep certain political party's far was to hold I-Hop in a larger
civilian agencies, swollen into a huge bureaucracy of 20 agencies and speakers off this campus. I think it Ballroom. All this can only be at-
bureaus in the last 20 years is getting a major overhauling." is a very good idea. But why then tributed to the work of a lot
When Benson first appeared befoi'e Congress last winter, Con- was a man like Mr. Graham allow- of hard-working Michiganders.
gressman Jamie Whittnof Mississippb chlenged hi reinth- ed to speak as he did? Did he take Again, many thanks for making
gressman Jamie Whitten of Mississippi challenged him regarding this advantage of the University's hos- I-Hop such a tremendous success.
press release. The new Secretary of Agriculture disclaimed know- pitality, or did the University take --Rita Isbits
ledge of it, said he had never read it. Jack Davis had issued the re- advantage of us? I-Hop Central Committee
lease.
t
/1
The Open Season For Peace Doves
ette'4 TO THE EDITOR
The Daily welcomes communications from its readers on matters of
generalinterest, and will publish all letters which are signed by the writer
and in good taste. Letters exceeding 300 words in length, defamatory or
libelous letters, and letters which for any reason are not in good taste will
be condensed, edited or withheld from publication at the discretion of the
editors.
So farmers figured that they knew who was running the Depart-
ment of Agriculture.
-DULL BUT REVEALING-
DAILY OFFICIAL BULLETIN
'HE NATIONAL BUDGET is something few people read. In fact
few people even know that it's possible to read the budget. They (Contiued from Page 2) Sat., Oct. 17-9 a, Conunity ser-
think it's something you hold in the hand and "balance." Actually the vices: 4-6 p.m., Footbal open house
budget is pretty hard to read. It's the size of a New York phone book of Asgell Hall. Prof. Russell A. Clark folowed b a Havdalah service.
and just as dull. But in the back are extremely interesting figures. will speak on "The Projective Meas- ; Sun ., pp-5 p.m. . cZFA
They show the amount of subsidy paid to farmers, also the amountI urement of Manifest and Disguised Ex- meets; 6 p.m., Supper Club 8 p.m.. IZFA
pressons f Seualiy."'movie; 8:30 p.mn., Game night.
paid to businessmen, veterans and others. Here are the revealing pressionsioffSexuality." ____tth
figures: :The Biological.Chemistry Seminar will Roger Williams Guild. Meet at the
The subsidy paid to farmers in 1952 was $463,000,000 while the be held in 319 West Medical, at 4 p.m., Guild House at 7:30 . It is to go as a
on Fri.. Oct. 16. Dr. A. A. Christman :group to Varsity Night. It i important
estimated subsidy for 1953 is $547,000,000. will speak on "Some Problems of Purine to be on time as the seats cannot be
The subsidy paid to businessmen, in contrast, is more than twice and Pyrimidine Metabolism." held after 8:05 p.m.
as much-$1,041,000,000 in 1952. Doctoral Examination or K. Jerome
These official figures distinctly show that the farmer is not the Wilkinson, English; thesis: "English
"top man on the economic totem pole" as Ezra Benson's ex-assistant Translations and Adaptations of the Student Legislature Dormitory Chair-
contends. Greek Anacreontics from 1650 to 1760," men. First meeting will be held Thurs.,
Sat., Oct. 17, West Council Room, Rack- Oct. 22, 4 p.m., Student Legislature
*ham Building, at 9 a.m. Chairman, H. Building.
-"CREEPING SOCIALISM"- v. S. Ogden.,
i
M OST BUSINESSMEN who have been talking about creeping social- Concerts
ism would be shocked at this. Doubtless President Eisenhower, who
branded the Tennessee Valley Authority "creeping socialism," had not Organ Recital. The second program!
in the current series of organ recitals
read his own budget figui'es. Nor had Postmaster General Summer- by Robert Noehren, University Organ-
field who, as chairman of the Republican National Committee, col- ist. will be heard at 4:15 Sunday after-M
lected a good many thousand dollars from the big airline officials sup- noon, Oct. 18, in Hill Auditorium. It will
posedly to counteract creeping socialism. Nor had George Humphrey, include Cesar Franck's Chorale in E
major, Chorale in B minor, and Chorale
the able Secretary of the Treasury, who is determined to lower taxes in A minor, and Charles Tournemire's
to prevent creeping socialism. "L'Orgue Mystique," Suite 35, and will
be open to the general public without'
Roger Williams Guild. Open House
at the Guild House following Satur-
day's football game. Cider and dough-
nuts. Bring your friends.
Dunker's Hour, sponsored by the
Newman Club, will be held in the
Father Richard Center Saturday after
the football game. Coffee and dough-
nuts will be served and everyone is wel-
come to attend.
The congregational-Disciples Guild.
After-game open house at Guild House.
Episcopal Student Foundation. Cider
and doughnuts at Canterbury House
following the game, for students and
parents, Sat., Oct. 17.
I t~U~
Yet George Humphrey's companies received over $22,000,000
in tax subsidies just a few weeks before he entered the cabinet
when the Hanna Coal and Ore Co., which he owned, got a 75
per cent tax deprecation on a $11,345,000 iron ore investment and
another 70 per cent write-off on a $22,000,000 nickel plant.
And the airlines are paid huge subsidies by Postmaster General,
Summerfield, ranging between $70,000,000 and $95,000,000 annually.
On top of this the taxpayers shelled out $21,361,040 in 1951 to con-
struct new towers, beacons, and radar for the big airlines, plus an-
other $13,007,035 in 1952, on top of this taxpayers paid $73,931,733
for personnel to operate these safety aids in 1951, plus $80,484,761
in 1952, plus another $37,000,000 and $16,000,000 for runways and con-
struction work at airports in 1951-52.
FARMERS ALSO know, without reading the budget, that the ship-
ping lines are subsidized. In addition to getting an average of
$30,000,000 a year in operation subsidies, they were given ships dirt
cheap at the end of the war, while the U. S. lines got a construction
subsidy of $18,225,000 plus a national defense subsidy of $24,061,000
for building the new vessel "United States."
Farmers probably don't know it, but the doctors also get a sub-
sidy, despite the fact that the American Medical Association operaes
the second highest lobby in Washington to prevent "socialized medi-
cine." The annual subsidy to doctors runs to around $30,000,000 a year,
though it hit $39,578,000 in 1951. This goes to them for medical re-
search, and is an outright gift.}
Another juicy subsidy to business which may not be included
in the budget figures is the sale of government property to private
business for a song. U. S. Steel, for instance, managed to purchase
the U. S. Government steel plant at Geneva, Utah, for only
$47,175,000, though the government paid $191,326,000 for the plant
which private industry refused to build.
charge.
Events Today
Anthropology Club. Dr. Edwin M.
Loeb, of thee University of California,
will talk on the "University of Cali-
fornia Expedition to Southwest Africa
in 1947-49" this evening at 7:45 p.m., in
the East Conference Room, Rackham
Building.
Lane Hall Coffee Hour. This week theI il L I 4LL 'i l I.L
Student Religious Association is ex-
tending a special invitation to the stu- Sixty-Fourth Year
dents and faculty of the School of Sixty-Fourth Year
Literature. Science and the Arts, 4:15 Edited and managed by students of
to 6:00 p.m. the University of Michigan under the
z_ _authority of the Board in Control of
The Congregational-Disciples Guild. Student Publications.
Supper hike (weiner roast), tonight,
5 p.m. Meet at Guild House. Editorial Staff
Department of Astronomy. Visitors' Harry Lunn.........Managing Editor
Night. 7:30 p.m. Dr. Freeman D. Miller Eric Vetter..............City Editor
will speak on "The World's Great Tele- Virginia Voss.......Editorial Director
scopes." After the illustrated lecture Mike Wolff......Associate City Editor
in 2003 Angell Hal, the Students' Ob- Alice B. Silver. Assoc. Editorial Director
servatory on the fifth floor will be Diane Decker.......... Associate Editor
open for telescopic observation of the Helene Simon..........Associate Editor
moon and a double star, if the sky is Ivan Kaye..............Sports Edito
clear, or for Inspection of the tele- Paul Greenberg.. .. Assoc. Sports Editor
scopes and planetarium, if the sky is Marilyn Campbell..... Women's Editor
cloudy. Children are welcomed, but Kathy Zeisler.. Assoc. Women's Editor
must be accompanied by adults. Don Campbell.......Head Photographer
Student Legislature Delay,
STUDENT LEGISLATURE. has wisely de-
cided to finish final consideration of its
academic freedom policy stand before tak-
ing up any ocher business at next week's
meeting. Motions concerning the subject
have been on the SL agenda since meet-
ings last spring, and with each additional
legislative delay comes more campus dis-
gust at the dallying actions of some SL
members who attempt to amend old motions
and substitute new ones without any pre-
vious serious consideration of how the
changes will affect the motion then on the,
The main motion now being considered
is essentially what the National Student
Association drew up at its recent congress,
with two important alterations. One ad-
dition is a criticism of the atmosphere of
uniformity created by legislative investi-
gating committees-an atmosphere which
tends to prevent an educational institu-
tion from doing its vita job.
Another addition calls for protection of
students and university administrators and
faculty members from dismissal and pres-
sure tactics because of membership in any
*1
ter one?
Anyone who believes the Opera is a suc-
cess merely because of its uniqueness in us-
ing an all-male cast is seriously underesti-
mating the show. Its music is more than pas-
sable; the play, direction and acting all
make it a success. All this would be they;
in a coed show.
And perhaps a Union-League Opera
Episcopal Student Foundation. Tea
from 4 to 6 at Canterbury House.
Episcopal Student Foundation. Can-
terbury Club 7:30 p.m., Canterbury
House.
Coke-Ta P v i b
Business Staff
Thomas Treeger.. Business Manager
William Kaufman Advertising Manager
Harlean Hankin. Assoc. Business Mgr.
William Selden.... Finance Manager
James Sharp..Circulation Manager
Telephone 23-24-I
UU~~e-iaru rariy Wl ell ,
The last Congress also enacted a bill requiring the government to night from 8-12 in the Father Rich-
ard Center, sponsored by the Newman
pass out another subsidy to business-the sale of government-owned Club. All those who plan to attend
rubber factories. These factories made $73,000,000 profit for the gov- varsity Night are invited to drop in
I
I
Member