THE FACULTY SUSPENSIONS See Page 4 Latest Deadline in the State ~Iadp a' ,,.f,,-' '' PARTLY CLOUDY VOL. LXIV, No. 154 ANN ARBOR, MICHIGAN, TUESDAY, MAY 11, 1954 '' Witnesses iFifthAmendment in SIX PAGES ea rin s * * * * * * * * * * * * S C, Five Refuse Reply To Clardy Queries Sharpe Invokes 7 Amendments In First Day Lansing Session By DAVE BAAD Special To The Dailyj Three University faculty members and two University graduate students yesterday refused to answer questions of the House Sub- Committee on Un-American Activities pertaining to alleged Com- munist activities. Each of the five made free use of his Constitutional rights in denying answers to the Committee headed by Rep. Kit Clardy (R- Mich.) and including Rep. Gordon Scherer (R-Ohio) and Rep. Mor- gan M. Moulder (D-Mo.) *** * THE FIVE APPEARING yesterday were: Prof. Mark Nickerson, of the pharmacology department who has been with the University since September, 1951; H. Chandler Davis, of the mathematics department here since 1950; Prof. Clement L. Markert of the zoology department, who has been at the University since 1950; Ed Shaffer, Grad., a student here since 1945 and presently working for his PhD. in economics; Myron E. Sharpe, Grad., also working for a PhD. in economics. Prof Nathaniel Coburn, of the mathematics department was scheduled to appear yesterday but was unable to attend due to illness. REP. CLARDY said following the hearings yesterday that he is considering recommending to the House committee that three of' the men, Davis, Shaffer and Sharpe, be cited for contempt of Con- gress as a result of their performance before the sub-committee. However, even if the House Un-American Activities Com- mittee decides to recommend contempt citations the contempt becomes official only if it passes the whole House. Responding to questions by Rep. Moulder, all three faculty members testified that they do not believe in the overthrow of the government by force or violence. Davis, the only witness to appear without counsel, utilized only the First Amendment during his No Action Taken On Two Students Hatcher Suspends Faculty Members For Not Cooperating With Clardy By JIM DYGERT University President Harlan H. Hatcher ordered late yesterday the immediate suspension of the three faculty members who appeared before the House un-American activities subcommittee yesterday in Lansing. No statement was issued in regard to University action concern- ing the two graduate students, Ed Shaffer and Myron Sharpe, who also appeared before the committee. THE THREE faculty men, Prof. Mark Nickerson of the pharma- cology department, Prof. Clement L. Markert of the zoology depart- ment, and H. Chandler Davis, an instructor in the mathematics de- partment, were notified of their I --Daily-All Hearings Pictures by Chuck Kelsey COMMITTEE-Council Frank Tavenner, Rep. Gordon Scherer (R- Ohio), Rep. Kit Clardy (R-Mich.) and Rep. Morgan Moulder (D-Mo.) question University witness before Un-American Activities Committee hearings. Suspens on Surprises Witnesses 4 I testimony. According to Rep. Clardy only the Fifth Amendment would be recognized as valid grounds for refusal to answer questions. How- ever, Rep. Moulder disagreed with uthe Chairman and told Davis he could use any legal rights he thought he had. REP. SCHERER called Shaf- fer in contempt of Congress when he refused to answer an inquiry as to his employment since 1946 on the basis of the Fifth Amend- ment. Sharpe is being considered for contempt because of what Rep. Clardy termed "his con- tinual attempts to lecture the committee about its ulterior mo- tives and tactics in conducting the investigation." On several occasions Sharpe called the committee's methods 'Fascistic' and similar to those used in 'Nazi Germany.', The spectators were quiet throughout the hearings and there was no hint of the rumored dem- onstrations. * * * PROF. NICKERSON utilized the Fifth Amendment 40 times as the sub-committee tried to estab- lish his alleged connection with the Communist Party. He refused to answer inquiries as to his alleged association with a Baltimore group called the Bookshop Association dur- ing his attendance at Johns Hopkins University. According to sub-committee counsel Frank S. Tavender's data, Prof. Nickerson was alleged to be president of tnis aorganizatione while he lived in Baltimore. Rep. Clardy later brought out that the Bookshop Association allegedly distributed Communist literature. Later in answer to a question by Rep. Moulder, Prof. Nickerson as- serted he had never engaged in espionage, and that at no time had he given secret information to any foreign country. ** * PROF. NICKERSON said dur- ing testimony that he had con- ferred privately with chairman of the nharmacoloav denartment. Ike Reviews Policy; Reds'- ' Balk in Geneva By The Associated Press WASHINGTON-President Eis- enhower yesterday discussed the Indochina crisis for nearly an hour with Secretary of State John' Foster Dulles and top defense leaders amid a surge of activity suggesting an urgent review of U. S. policy in Europe and the Far East. ASKED whether the afternoon session dealt with Indochina, Dulles told newsmen: "That would be a pretty good guess." Meanwhile in Geneva the Communists laid their own ar- mistice plan for Indochina be- fore the Geneva conference yes- terday, and after two sessions, the conference appeared dead- locked. Pham Van Dong, vice premier of the Vietminh regime, rejected outright the armistice plan pro- posed by French Foreign Minister George Bidault on Saturday. The French ,in turn, rejected the eight-point Vietminh propos- al. A French spokesman said it appeared designed not to stop the war but to "set the stage for Vietminh to swallow all of Indo- china." France and Vietminh agreed only on evacuating Dien Bien Phu's wounded. By ALICE B. SILVER Associate Editorial Director The three faculty members whoI were suspended after their ap- pearance before the Clardy com- mittee in Lansing yesterday ex- pressed surprise last night at President Harlan Hatcher's action. The three men are Prof. Mark Nickerson of the pharmacology department, Prof. Clement Mark-' ert of the zoology department and Chandler Davis of the mathemat- ics department. * * , THE THREE faculty members explained their surprise on the ba- sis that their teaching qualifica- tions were not called into consid- eration by the suspension state- ment. They agreed that the "suspen- sion in absence of any question-j ing of our teaching competency is unfair to our students." Davis is teaching three under- graduate sections in mathematics, Druids Strike Deep in Night DRUIDS, sons of magic Foretellers of the future Judges-very knowing, wise- The fires in the stonehenge Are set alight With flames to heaven raised; Look upoii thy awends Called from out thy mighty court The uninformed who would see thy light Hence to thy oakgrove-- There to test their worthiness With eyes to heaven raised Invoke a blessing from the skies-- Perpetuate thy heroic deeds Keep ever bright thy burning torch- The glory and wisdom of knights of old, Stalwart DRUIDS, true and bold. Prof. Nickerson teaches one class a week at the hospital to over two hundred students, and Prof. Markert is teaching two courses in advanced embryology. He said it will be extremely difficult for anyone else to take over his classes at this time. The three men also pointed to what they consider a contradiction in the President's statement. In the concluding sentence of that statement the President said, ". . it is the University's policy that members of its family be given See Alan Barth editorial, Page 4 the protection to which they are entitled under our laws and tra- ditions." * * * HOWEVER, the three explained, the President's letter to them said their refusal to answer questions of the committee "raises serious question as to your relationship to the University and to your col- leagues and places upon you Ite duty to go forward to explain your actions." The three men raised the ques- tion of why "the exercise of rights which the President ap- parently concedes should place our University status in ques- tion." If the President recommends dismissal, the three plan to request hearings before the special com- mittee of the Faculty Senate set up for this purpose. "We intend to speak honestly and frankly," Prof. Markert said, 'on matters relevant to our com- petance as scientists and as mem- bers of the University faculty." * * * THEY also said that if the hear- ings before the Faculty Senate committee include questions on their relationship to students out- side the classroom, they would recognize this as a pertinent point of discussion. Davis, who invoked only the First Amendment before the Committee, on the grounds that the Committee's questions con- stituted a violation of his free- dom of speech, press and assem- bly, that he was aware of the danger of a contempt citation. He added, 'I do not believe I was in fact guilty of contempt." He maintained that the com- mittee "spent quite a bit of time on my political opinions. These questions were clearly violations of the First Amendment." Prof. Markert commented that Rep. Clardy's statement that only those "who have something to hide" use the Fifth Amendment is clearly in error. "The use of the Fifth Amendment does not neces- sarily imply guilt," he said. None would at present give any Stevens Blasts At McCarthy WASHINGTON-(I)-Secretary of the Army Stevens, flared up at Sen. McCarthy (R-Wis.), de- clared yesterday there are "dog- gone few" Communists in the Army and he said he's just as de- termined as McCarthy to keep every Red out. McCarthy, in turn, accused Stevens of having a "selective memory" and of being "naively and unintelligently anti-Commu- nist." The Wisconsin Senator said there are men with Communist connections "at this very moment" in one highly sensitive branch of the Army. That subject was drop-! ped for the moment, however, when the Army denied any know- ledge of the division McCarthy mentioned. additional information to the press regarding the content of their tes- timony before the Committee. The three explained that they testified that they do not believe in the violent overthrow of the government so as "to avoid any confusion between this question and those concerning normal polit- ical activities." However, they sus- pected the Committee might be exceeding its powers also in ask- ing this question. Out-of-State Doctors Can Practice Here A new act permitting doctors in other states to qualify for practice in Michigan has been recently passed by the State Legislature. Allowing acceptance of "sub- stantially equal" examinations ta- ken in other states, the law "has cleared the air," according to Dr. Donald A. Kerr of Ann Arbor, president of the State Basic Sci- ence Board. "Until it was enacted," he said, " Basic science tests taken in Ar- kansas, Colorado, Minnesota, Ne- braska, Rhode Island, Sbuth Da- kota, Tennessee and Texas are on .the approved list. Florida, Nevada, New Mexico, Alaska and the Dis- trict of Columbia are now being considered for approval. Basic science tests are a prere- quisite for other examinations which permit one to practice medi- cine, chiropractic and osteopathy. Dr. Wayne L. Whitaker, Assist- ant Dean of the School of Medi- cine, pointed out that the new law will not affect medical students; it will only affect the licensing of doctors to practice in Michigan. suspension in letters from Presi- dent Hatcher. The suspension was made pub- lic in an official statement by President Hatcher. The state- ment reads as follows: "In view of the testimony be- fore the HouseSub-committee on Un-American Activities in Lan- sing today by Messrs. Mark Nick- erson, Associate Professor, Clem- ent L. Markert, Assistant Profes- sor, and H. Chandler Davis, In- structor, I am, by virtue of the au- thority delegated to me, ordering their immediate suspension, pend- ing a thorough investigation by the University. Up to this point the House Committee has not sup- plied the University with any in- formation taken from its files. "Suspension is ordered without prejudice to the final decision in their cases. If further investiga- tion seems to warrant dismissal procedures, any person affected has the right to be heard by a special committee of the Univer- sity Senate (faculty) before final action is taken by the Regents of the University. "The University has urged all' persons called before duly consti- tuted Congressional committees to respond frankly to reasonable questions. At the same time it is the University's policy that all members of its family be given the protection to which they are entitled under our laws and tra- ditions." ACCORDING to Arthur L. Bran- don, Director of University Rela- tions, the suspensions mean that "they will not be permitted to car- ry on their work at the Univer- sity." He emphasized, however, that the suspensions were "with- out loss of pay." The investigations, said Bran- don, will be initiated by Presi- dent Hatcher, who will ask the deans of the colleges concerned to conduct the investigations. The executive committees of the colleges will then take over the investigations under the direc- tion of the deans. The purpose and intent of the investigations, according to Bran- don, is to "ascertain the facts from all parties concerned." This will probably include conversing with the faculty men who have been suspended, he added. When the investigations have been completed (no time limit has been set), recommendations will be made to President Hatcher upon the consideration of which he will decide either to initiate dismissal action or reinstate the faculty men. IF DISMISSAL action is taken, those concerned will have either five or 20 days to request a hear- ing, depending on whether the cases are considered in the "emer- gency" category. Hearings would be conducted by the five-man Sub- committee on Intellectual Free- dom and Integrity, set up by the University Senate Advisory -Com- mi++.. a a a'hermrn1np wyPof Of Witnesses Made Public The following statements were issued to the press by the three faculty members who appeared before the House Un-American Activities sub-committee yesterday following their testimony before that group. H. Chandler Davis I exchange political ideas freely with people who judge them on their merits. I do not discuss poli- tics with a sword over my head; the First Amendment is intended to keep coercion out of politics. If I announced my opinions pub- licly now, either in the hearing room or outside, they would not be listened to for their content, but in terms of their acceptability or unacceptability by the Commit- tee's standards. I willnot discuss my political ideas while they are the subject of scandal and threat. Clement L. 1arkert In a democratic society no one is answerable for his political be- liefs or affiliations to any agency of government. This fundamental tenet of democracy was wisely. in- corporated in our Constitution as the first amendment, which for- bids Congress to inquire into or interfere with political beliefs or associations. The House Committee on Un- American .Activities has unfor- tunately transgressed the bounds of constitutional authority in asking questions related to po- litical belief and association. I cannot in good conscience co- operate in such violations of the constitution and have therefore refused to. answer all questions pertaining to my political beliefs or associations or the lack of them. Since the committee denied me the right to invoke the guarantees of the first amendment in refusing to answer questions, I have been obliged to rely upon the constitu- tional protection of the fifth amendment which prevents Con- gressional committees from com- pelling any person to be a witness against himself. No amount of misrepresentation or false inference of guilt can ob- scure the fact that the fifth amendment was designed to pro- tect individuals from unjust pro- secutions. I have therefore in- voked the fifth amendment in order to protect myself from the possibility of unjustified prosecu- tion. See STATEMENTS, Wage 6 Russian Officer Statements i FACULTY, STUDENT WITNESSES: Five Who Testified Before Clardy Committee _> . JIM . ::