'"AGE FOUR .l'. E hl1Cltl6AT'V .OAlLY TUESDAY, MAY 11, 1954 PAGE POUR 'i2Lk~SIJAY, MAY 11, 1954 _. "I The Faculty Suspensions THE SUSPENSION of three faculty mem- bers by President Hatcher yesterday- a temporary action "without prejudice to the final action in their cases"-is not sur- prising and may not be entirely unjustified. If, by refusing to answer questions of the Clardy Committee, the three faculty mem- bers have "raised a question about their competence as teachers," they have by no means answered this question merely by relying on their Constitutional rights. President Hatcher's statement makes clear that the suspension is made "pending a thorough investigation by the University." In more reasonable times, the temporary suspension might not have been justified. The University could then have taken its time and deliberated fully on the merits of these men as teachers, before taking any ac- tion. But these are not reasonable times. President Hatcher, faced with the necessity of "doing something" to avoid compromising the reputation of this midwestern state uni- versity in the minds of a not-too-reasonable public did the best he could in a difficult situation. It is assumed the suspension represents merely the first step in a fair and judi- cious investigation and review by the ad- ministration and the special faculty Sen- ate subcommittee set up for just such a situation. The suspended teachers are all apparently well qualified academically-their experi- ence, the testimony of their colleagues and students, and the various honors they have received all attest to that. It is hoped that the proper University agencies will act as quickly as possible to clear these men of any undeserved sus- picion which now attaches to them, to evaulate fairly their fitness as teachers, and to restore them to the unqualified espect of the community unless they have clearly demonstrated their unfitness to teach. Failure to answer questions is by no means a sufficient reason for overthrowing the sol- id reputations of these men. There is no rea- son to doubt that the faculty members who sit in judgment on these cases will require more damaging evidence of unfitness than this to warrant their recommending action against their colleagues. -Gene Hartwig, Dorothy Myers, Jon Sobeloff, Pat Roelofs, Becky Conrad, Nan Swinehart The McCarthy Problem And Mr. Jenkins By WALTER LIPPMANN LAST WEDNESDAY Mr. Jenkins found himself face to face with the fundamen- tal issue of the McCarthy problem, and miss- ed the point entirely. As a result of his in- comprehension-surely for no other reason- he advised the Chairman of the Committee, of which he is the counsel, to make a ruling If it is sustained and becomes a precedent, it is a license to lawlessness and an invita- tion to anarchy. Mr. Jenkins upheld Sen. McCarthy's claim that government employ- ees, including officers of the Army, are not bound by their oath or by the laws or by any ties of loyalty to their superiors and to the service if-in their own private and secret opinion-it would be a good thing to break the law. Mr. Jenkins could not have realized what he was, doing. For the doctrine that men may break their oath and violate the law secretly-if it suits their private con- victions-is the very principle of disloyal- ty. It was in accord with this very prin- ciple-that their own consciences were su- perior to the laws of the land-that Fuchs and Allen Nunn May and the Rosenbergs acted. For the benefit of those who have not fol- lowed closely this tortuous and badly con- ducted hearing, what happened was this. Sen. McCarthy produced what he said was a copy of a letter written in 1951 by Mr. J. Edgar Hoover to Gen. Belling of the Army Intelligence. As a matter of fact, Mr. Hoover never wrote the letter of which Sen. Mc- Carthy's paper pretended to be a copy, to which his name was signed though in fact he never signed it. It is established that this document was fabricated by or at least with the collaboration of an officer in the mili- tary intelligence. The fabricated letter is based on a confidential and genuine docu- ment which the fabrication misrepresents, The Senate Committee had, therefore, been offered a piece of paper which was not what it pretended to be, which not only used ma- terial that it was against the law to use but falsified the meaning of that material as well. Manifestly the law had been violated. An officer'in a position of trust and of high sensitiveness had violated the law by the un- authorized disclosure of confidential docu- ments. And second, a document had been fabricated and offered to the Senate as evi- dence. When the counsel fO' the Army, Mr. Welch, asked for the name of the officer who had participated in this lawless operation. Sen. McCarthy, who was under oath, refused, saying that "You will never get that infor- mation." * * * SEN. DIRKSEN then intervened to ask Mr. S Jenkins and Chairman Mundt for a rul- ing as to whether it would "be required of a witness, consonant with his oath, that he reveal the source of a document when he had pledged himself to respect the confi- dence and not reveal the source.' To this Mr. Jenkins replied, "It is elementary that the Senator does not have to reveal the name of his informant. That is one of the most elementary principles engrafted in the law. Otherwise, law-enforcing officers would be so hamstrung and hampered. as that they would never be able to ferret out crime. I unhesitatingly rule that Sen. McCarthy does not have to reveal the name of his inform- ant." Mr. Jenkins would have been wiser to have been less unhesitating and less cate- gorical. For he has put himself and the committee and the Senate in the position of protecting a government employee who knowingly violated the law. This is an un- tenable position for a law-making body. The Senate cannot make laws, and then rule that it will support a Senator who is protecting a violator of the law. Where did Mr. Jenkins lose his way and end up as the defender of the subversive doctrine that a man may violate the law se- cretly if, in his own private opinion, it would be a good thing to violate the law? The clew to Mr. Jenkins's error is in the bold- face sentence above-in his saying that without the power to protect their inform- ants "law-enforcing officers would be so hamstrung and hampered as that they would never be able to ferret out crime." That is quite true of law-enforcing officers. Mr. Jenkins's error, which is the fundamen- tal error at the root of the McCarthy prob- lem, is to assume that a committee of the Legislative branch of the government are "law-enforcing officers" who "ferret out crime." It is precisely this error of Mr. Jenkins's -that Senate committees may act as "law-enforcing officers"-which has caus- ed all the violence, the confusion, the in- justice and the demoralization. For the American system of government is found- ed upon the separation of powers, and the McCarthy problem has been created by his invasion of the powers of the Execu- tive, and by the failure of the Executive to resist the invasion and to defend its powers. McCarthyism is fundamentally unconsti- tutional in spirit and in practice. The Am- erican government cannot be made to work if its fundamental principle is flagrantly and systematically violated. It is systemati- cally violated if the Legislature takes upon itself the law-enforcing functions of the Executive. T HIS AFFAIR of the fabricated letter is a demonstration of how the violation of the fundamental principle of the Constitu- tion leads to lawlessness and anarchy. * ,*, Why did Sen. McCarthy encourage an of- ficer of the Army to violate his oath and to break the law? Because that was the on-' ly way he could obtain for his committee in- formation collected by the legitimate law- enforcing officers of the government. Why did he have to break the law to get the in- formation? Because it is not the business1 of Congress to enforce the laws, and the use and disclosure by Congressional cam- mitees of information needed for law-en- forcement makes it much more difficult for the legitimate law-enforcing officers to en- force the law. In short, the Senator was engaged in work which is contrary to the principle of the Constitution, and so he resorted to lawless methods to carry out his lawless enterpiise. Since there was no lawful method by which a legislative committee could take over the functions of law-enforcement, he resorted to illegitimate methods including the encour- agement and the protection of the violation of the law by the employees of the govern- ment. (Copyright, 1954, New York Herald Tribune, Inc.) Uiversit'ies And Political Authority (EDITOR'S NOTE: This is the fifth in a series of editorials and interpretive articles on the investigating conittees. Today's contribution was written by Alan Barth, member of the Washington Post staff in the. Bulletin of the tettepJ TO THE EDITOR The Daily welcomes communications fromits readers on matters oa general interest, 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. Intellectual Degeneration ... To the Editor: I American Association of University Professors. I ]HE disclosures by Miss Price By ALAN BARTH comes not as a surprise, but rather a deep disappointment. It The beginning of defense is the recognition of danger. reflects the extent to which in- It seems to me that in the academic world today there is a wide- tellectual degeneration has crept spread failure to face and to assess realistically the forces in American into the academic institutions- life 'which are now mobilized to extinguish academia freedom. Speci- more especially among the young fically, I think that many university professors and presidents are fail- university men and women in the ing to recognize the real peril presented-to themselves and to the U.S. society they serve-by the current congressional investigations of their Friends would recall that for institutions. ;making a speech before a peace There seems to be a widespread tendency to treat these Investi- group in Detroit in May, 1951, I gations as minor irritations to be borne philosophically or as bridges epaiztend A dictaphon isin to be crossed with a little caution and circumspection. Not very long stalled and I sat there for nearly ago, for example, the Association of American Colleges adopted a reso- two hours. And on Convocation lution in which it expressly declared that "the colleges should wel- day in 1952, I appeared before fel- come any free and impartial inquiry" as a means of promoting popular low students on the Joint' Judi- understanding of the accomplishments of higher education, ciary to answer whether or not course, ncr, based on the fact that I kept c"mpany wv4n "unpo- pular opinions." They didn't mind my rubbing shoulders with Repub- licans, Democrats, drunks or cri- minals. Again, in May, 1953, a fellow country-woman (a total stranger to me) took exception to my views on the Malan regime and wrote of my existence to the South African Minister of Interior. ,;he didn't need any coaxing. It is all the more detestable, therefore that persons entrusted with responsibilities as advisors or counsellors should encourage stu- dents to turn informers. Frankly, my personal relationship with the international Center was far from cordial and this could be said for a number of foreign students whom I knew, who had differing opinions on controversial topics but were petrified to open their mouths. The two students who are to appear before the real Un-Ameri- cans in Lansing are my good friends in spite of the fact that we do not see eye to eye on every single issue. I have other friends besides, with whom I perhaps do not share as many common ideas but most certainly share, with them mutual trust and respect. However, I want to add unhesi- tatingly, that I not only admire the courage of the subpoenaed stu- dents, but also stick by their side in defending academic freedoms. The editors of The Daily would do well, instead of haggling over ~1 I am convinced that this attitude of "welcome" toward legis- lative investigations of universities is an utterly disastrous folly. It reflects-at least so it seems to me-a total misconception of the problem. I attended the McPhaul dinner. The invitation to testify came on grounds of "strong suspicions" that I was present 'actually I wasn't). These suspicions, o A congressional hearing-at any rate & hearing conducted under- the prevailing know-nothing auspices-is a disadvantageous ground on A which to fight the battle for academic freedom. It provides, to begin! with, an atmosphere entirely unfriendly and unfamiliar to men of learning. It is an atmosphere in which the presentation of a con- OFFICIAL sidered and reasoned argument is virtually impossible. The presenta- tion is bound to be incessantly interrupted by the explosion of photo- , BULLETIN graphic flash bulbs, by the movement of newspapermen and curious spectators, by the gavel-pounding of a chairman determined to ex- clude rationality from the hearing room, and impertinent questions (Continued from Page 2) from the members of the committee. It is perfectly clear that the discussion in such a hearing is not fulfillment of tne reeen for I I DRAMA " .., , At Lydia Mendelssohn. THE TRIP TO BOUNTIFUL, starring Lil- lian Gish, presented by the University of Michigan Drama Season. THE STORY of the opening of the nine- teenth drama season at Lydia Mendels- sohn is much like that of the eighteenth and seventeenth, and, I presume, many that have gone before: a handsome production, a couple really fine performances, but not much of a play. "The Trip to Bountiful" is primarily a vehicle for stars; any inventive- ness it develops comes from the performers. It does provide an approximately adequate frame for virtuoso acting, and some of this acting was quite brilliant. Unfortunately, however, a few good ac- tors or even a few well conceived charac- ters do not make a dramatic situation of necessary force. The story of an old lady who wants to return to her country home is the meat of "Bountiful." It is in the main offered forth sentimentally (but not slickly), salted by the opposition of her selfish daughter-in-law and larded by the earnest confusion of her entrapped son. All three acts are well padded with char- acter touchese, but, in general, each act repeats the same ones and adds little that is fresh to the dramatic situation. The play could profitably be compared to "Point of No Return," a work of similar spirit and intention, but which does succeed, in spite of its bifuration, in complicating the drama somewhat after the first act. In "Bountiful," for instance, the second act could have been left out entirely without the slightest sense of anything missing. About all that can be said for the second act is that Miss Gish is given her biggest opportunity at the end of it, this opportunity being the final hysterical plea to a sheriff that she be allowed to go the last twelve miles to her home. This, and all other fa- cets of the character, she handles with ap- peal and driven energy. It is, however, not so much Miss Gish as it is Kim Stanley, in the role of Jessie May Watts, the daughter- in-law, who holds the play in Texas and in the kind of fountain-coke, moving-picture world that the playwright intended. Miss Stanley's gestures, her voice, her "nervousness" are perfectly controlled, and,- she virtually runs off with the play at times, furnishing a constant uneasy re- minder that it should not be quite that easy a thing to do. In the final analysis, "The Trip To Bounti- ful," in spite of a little heavy-footed poesy near the end, is never a really bad play; it has one good characterization and another better than average :and its padding is only occasionally uncomfortable. Still, it seems as if the Drama Season might have considered the tepid New York reaction toward it a little more seriously. Good plays fail on Broadway, but they usually stimulate some good arguments in the process; at best "Bountiful" might be advanced for the cause of in-the-tradition, unexperimental theater by its supporters, but hardly with much warmth. --Bill Wiegand going to be about academic freedom. It is not going to concern !itself with the accomplishments of universities or with the problems of pro- moting intellectual maturity among students. It will concern itself, as the investigation comrittee chairmen have made quite clear, with individuals. It will be a discussion not of principles but of personalities. Thus these hearings will revolve around such questions as whether Professor A is a Communist because Louis Budenz says that someone told him that Profesor A was believed to be a Communist a quarter- of a century ago .... whether Prof. B. is subversive because he belongs or once belonged to organizations which have incurred the disapprov- al of the Attorney General or the House Committee on Un-American Activities . . . whether a particular college is communist-dominated because it allowed on its campus a visiting lecturer who denounced the Un-American Activities Committee. Out of this kind of inquiry and discussion can come only di- visive controversy and confusion. No doubt some of the academic witnesses will respond to questions which seem to them impertinent and offensive with dignity and coolness and clarity. But some oth- ers, no doubt, will lose their tempers and talk foolishly. The com- mittee, presumably, will be able to discover a number of teachers who joined the Party years ago for respectable reasons, who got out of it years ago for respectable reasons-to make witnessing a career. Some of the professors in this category will seek the pro- tection of the Fifth Amendment-mistakenly, in my judgment-I in order to avoid possible prosecution or in order to avoid being re- quired to give the names of persons who, like themselves, joined the Party innocently and got out of it long ago. Some will refuse to answer the questions of the committee on abstract grounds of conscience, pleading the protection of the First Amendment, and may find themselves cited for contempt of Congress. This is a point at which should like to same something about the use of the Fifth Amendment as a means of avoiding acknowledgmentI of past membership in the Communist Party. I do not mean to at- tempt here any exhaustive discussion of its scope and protection in ordinary circumstances. I mean merely to consider its application to teachers in the special context of the current inquiries into colleges and universities. When a committee of Congress hales a man before it and asks him if he has ever been a Communist, it impales him in one or another of the prongs of a trident. If the witness answers "yes" to this question, the committee is all too likely to insist that he identify individuals who were in the Party with him-a kind of degradation which any sensi-j Carillon Recital by Ferdinand Tim- mermands, Guest Carillonneur,. from Holland, at 7:15 Wednesday evening, May 12, on the Charles Baird Carillonj in Burton Memorial Tower. The pro- gram will include compositions by Vi- valdi, Bach, Mozart, Henk Badings; Dutch Songs of the 17th Century, and Four Peasant Dances written by Mr. Timmermans. Events Today Musie Education Students are re- quested to attend the M.E.N.C. meet- ing to be held tonight, at 7 p.m., Hussey Room League. Election of of- ficers. Mathematics Club Meeting, 8 p.m. today, West Conference Room, Rack- ham Bldg. Mr. K. M. Siegel from the Engineering Research Institute will speak on "Present requirements for mathematics research in the electro- magnetic scattering field." The Young Demorcats have invited Prof. Henry Owens, Democratic Candi- date for Congress, to be their guestl speaker tonight at 7:30 p.m., Audi- torium B, Angell Hall. He will talk on "Outlook for Democrats in Novem- ber." Paul R. Leach, Jr., of the Extension Division of DuPont will give a talk on "The Future as DuPont Sees It," this afternoon at 4 p.m., 140 Business Ad- ministration School. Sponsored by Al- K1,iP Orci_ Professional Business the degree of Master of M cusic (vusi Education). She is a pupil of Philip minor issues or weighing the "be- Duey, and her program will be open to nefits" (if any) of Dulles' bank- the general public rupt foreign policies or joining in the moth infested anti-Red cru- Student Recital. David Murray, Bar- sade, to lead the way to indepen- tone, will present a program in partial sdt ed-h a oidpn fulfillment of the requirements for the dent thought and honest intellec- degree of Master of Music at 8:30 Wed., tual inquiry. May 12, in the Rackbam Assembly Hall. -L. V. Naidoo, '53 It willsinclude works by Bach, Ravel, Brahms. and Britten, and will be open to the public. Mr. Murray is a pupil of Open Hearing Harold Haugh.j"S ~1 4 To the Editor: T HE ACADEMIC Freedom sub- commission of SL will sponsor an open hearing for all students and faculty members who have testified before the Clardy Com- mittee, on Thursday, May 14, at 7:30. The objects, of this meeting are, to make it possible for those who have testified to clarify their po- sitions, to the campus and to give the student body an opportunity to hear the positions of these stu- dents and faculty members first hand. In the weeks to come there will undoubtedly be a great deal of dis- cussion about how to handle indi- viduals who have been called to testify as well as about the place of committees on the academic (and national) scene. The ability to evaluate the positions of vari- ous individuals requires these po- sitions be understood, not from editorialized comments but as the individuals state and develop them. It is in line with giving the stu- dents a chance to evaluate the ac- tual reasons and positions that the meeting on Thursday is being sponsored. -Etta Gluckstein SL Academic Freedom Sub- Commission tive man might understandably desire to escape. If he answers 'no" Fratern to the question, then the committee may hold over his head the threat of a prosecution for perjury based upon testimony calling him a form- square and Folk Dancing. Special preparation for the MSDLA State Festi- er Communist by one or another of the committee's former-and pro- val. Everyone welcome. Lane Hal, to- fessedly reformed-Communists. And if he refuses to answer the ques- night, 7:30-10,00. tion at all, pleading the constitutional privilege against self-incrimi- Episcopal Student Foundation. Tea nation, the committee hopes to have his university discipline him Uy: from 4 to 5:30 at Canterbury House, All dismissal. students invited. I submit to you that it is outright folly for any university to lend . . Museum Movies, "Forest Ranger" and itself to this stratagem. I submit to you that is an abdication of aca- "Modern Hawaii," free movies shown at demic independence for any university to serve indiscriminately as! 3 p.m. daily including sat. and Sun. the executor of punishments arbitrarily imposed by a congressional and at 12:30'Wed., 4th floor movie al- cove, Museums Building, May 11-17. committee. -1 I I+ MUSIC +I Universities, and the individual members of the faculties, have, of course, a duty of respectful cooperation with any duly consti- tuted congressional body. But this duty does not require of them blind obedience. They have a duty also to their own values which obliges them to judge each case individually on its individual merits. Of course, I am not questioning the legal authority of Congress to investigate institutions of higher learning. I do not, for that mat- ter, question the authority of Congress to investigate the church or the press, despite the constitutional limitations on legislation in these spheres. Congress has plenary power-and must have such power- to look into any area of American life. But to say that Congress has power to investigate is not necessarily to say that this power ought to Coming Events Psychology Chib. At our next meet- ing, Dr. M. Rosenberg, faculty adviser to the club, wvill speak on "An Analytic Theory of Mystical Illumination in Re- ligious Experience." The meeting will be held on Wed., May 12, at 7:30 in the third floor Graduate Lounge in Mason# Hall. Everyone is welcome. Freshman Engineering Council will hold its weekly meeting Wed., May 12, 7:30 p.m., at 1042 East Engineering Bldg. Reports on College Night, Sophomore Council, and Questionnaires are due. The meeting is open to the public. ,I Sixty-Fourth Year Edited and managed by students of the University of Michigan under the authority of the Board in Control of Student Publications. t Hill Auditorium Michigan Men's Glee Club, Philip Duey, director, Joseph Savarino, accompanist, Thomas Lester, tenor, Russell Christopher, baritone, Robert McGrath, tenor, The No- velaires, vocal quartet. SATURDAY night's concert proved to be an exceptionally enjoyable one. The program was chosen in good taste and with enough variety to preclude even a single boring moment, The evening - began with little ostenta- tion. The first group was rather serious in nature. But the ice started to break with Haydn's "To the Women," a light- hearted -piece extolling the virtues of the fairer sex. Schubert's "The Omnipo- tence" followed in sharp contrast, a reli- topher's voice is a rich and mature baritone. He uses it well. His tone is relaxed and ef- fortless, and with full intensity. As well as vocal technique, Mr. Christopher possesses dramatic and interpretive talent. He appear- ed completely at home in both grand opera and lighter music. Robert McGrath stepped in to sing the exotic and mysterious "Far Above the Purple Hills" with pianissimo choral accompani- ment. His voice was light and well suited to the piece. And with their extreme vocal con- trol, the Glee Club outdid themselves. The first half of the program concluded with a number from Guys and Dolls but the bravos of the audience made it neces- sary for the group to render encores of "Casey Jones," "Nola," and "It Ain't Ne- cessarily So," with solos by Russell Chris- topher. It was in this last group that the some sentimental, and some folksey and hu- morous with action and special sound ef- fects. The Glee Club sounded rich and velvety. Occasionally one section dominated and sometimes the tone sounded slightly for- ced, but never did a single voice stand out. Professor Duey deserves praise for his choral arrangements. He very definitely wrote bearing in mind his singers' limi- tations. Accompanist Joseph Savarino did a stunning job. He was never overpower- ing, but he skillfully brought out his part when called for. At the closerthe audience rose to sing "The Yellow and Blue." Even the most long- haired had long since let down their locks. The short hairs were well satisfied too. I suspect there were some who shed a tear that evening, while others felt like a good pitcher of beer to round the evening off. ,( be exercised. In my own view, it ought resolutely to be eschewed in La Sociedad Hispanica will meet Wed., regard to universities-at least when the aim and tendency of the in- May 12, at 8 p.m. in the League. There vestigation is coercive, will be a poetry contest and picnic eplans will be made. Also scholarships One function of institutions of higher learning in a free society to Mexico will be awarded. Officers for is the propagation of unorthodoxy. Their business is to produce men next year will be elected. Refreshments. and women who will question inherited values and challenge consti- All members are urged to attend this tted authoristrd s himportant meeting. The notion, that religion, the press, and the universities should American Society for Public Adminis- serve the State is essentially a Communist notion. Government control tration Social Seminar will meet Wed., SMay 12, 7:30 p.m., West Conference oom, Rackham Building. The speaker tarian system. In a free society, these institutions must be wholly free will be Wallace Sayre, Chairman, De- -which is to say that their function is to serve as checks upon the partment of Government, City College of New York. State, as devices for keeping governmental authority within appropri- ate bounds. Phi Eta Sigma. Initiation banquet A free society differs from a totalitarian society in that its gov- will be held Thurs., May 13, In the Micign 'nin. ewinitiates will as- ernment is one of limited powers-and limited jurisdiction. There have semble in Room 3-D at 5 o'clock. always been important areas of American life which have been left to private regulation-higher education among them. The administra- Beta Gamma Sigma spring 'meeting _,1_ __a 3.,, - 1+-11t vo f will be held Thurs., May 13, 3 p.m., Editorial Staff Harry Lunn..........Managing Editor Eric Vetter...............City Editor Virginia Voss.........Editorial Director Mike Wolff........Associate City Editor Alice B. Silver..Assoc. Editorial Director Diane D. AuWerter....Associate Editor Helene Simon..........Associate Editor Ivan Kaye...............Sports Editor Paul Greenberg... .Assoc. Sports Editor Marilyn Campbell...Women's Editor Kathy Zeisler.,..Assoc. Women's Editor Chuck Kelsey ......Chief Photographer Business Staff j rhomas Treeger. Business Manager William Kaufman Advertising Manager Harlean Hankin. ...Assoc. Business Mgr: William Selden ....... Finance Manager Anita Sigesmund. Circulation Manager Telephone NO 23-24-1 .4 I Member 'U