REP. CLARDY' S
PARADOX
See Page 4
I
4 '*
Sirn
La test Deadline in the State
~Iaitv
r
FAIR, WARM
FAIR, WARM
tr
VOL. LXIV, NO. 156
ANN ARBOR, MICHIGAN, THURSDAY, MAY 13, 1954
SXPAGS
A
i.. X Paa (uFQ
0
Opinion Change
On Committees
(EDITOR'S NOTE: This is the sixth in a series of editorials and interpretive
.articles dealing with the question of Congressional investigating committees
and civil liberties. Today's' article was written by Prof. George A. Peek of
the political science department.)
By GEORGE A. PEEK
"The Senatorial debauch of investigations-poking into political
garbage cans and dragging the sewers of political intrigue-filled the
winter of 1923-24 with a stench that has not yet passed away .. .
As a prosecutor, the Senate presented a spectacle which cannot even
be dignified by a comparison with the prosecutive scoldings of Coke
and Scroggs and Jeffreys, but fell rather in popular estimate to the
level of professional searchers of municipal dunghills."
By the simple process of changing the above dates, this comment
might well have appeared in such a magazine as "The New Republic"
and would in the main represent the liberal bent of that publication.
* * * *
BUT THIS COMMENT was not made by a liberal. It appeared in
a scholarly publication, "The Illinois Law Review," over the name of
the well-known legal scholar, Dean John H. Wigmore, a conservative.
The occasion for these remarks was the investigation of the
scandals of the Harding administration. Indeed, up until shortly
before World War II, liberals gave aid, comfort and even encour-
agement to Congressional investigating committees, as for ex-
ample, Congressional investigations of the stock exchange, of public
utility holding companies, of lobbying activities, to mention only
three.
But the operations of the House Committee on Un-American
Activities under the guiding genius of Mr. Martin Dies, its first
chairman, brought little comfort to the liberals. On the whole, this
committee was more pleasing to conservatives, and this has been true
of succeeding House Committees on Un-American Activities, Senate
Committees on Internal Security and the present Senate Permanent
Investigations Subcommittee.
Hence today's liberal may dust off the anguished cries of yester-
day's conservative, change the names and dates, and find a ready
arket for his ideas.
* * * *
THE CONCLUSION one may draw is almost too easy: It all i
depends upon who is investigating and what group or interest is being
investigated.
Little analysis is required to see that few in either camp are
really much interested in the functions ,procedures and limits of
Congressional investigating committees as such. Yet students of 1
politics should attempt to come up with some reasonable answers
to these not unimportant concerns.
At the outset, it is clear that Congress has the right to investigate
andthrughcommittees to compel witnesses to answer legitimate
inquiries. This right derives from the fact that Congress is invested
witlegislative power and must have the facts on which to base
The Supreme Court of the United States established this beyond
doubt in 1927, despite the fact that some years earlier the Court had
asserted that a House investigating committee had exceeded its power
of investigation and had no general power to make inquiry into
private affairs.
THE POWER OF CONGRESS to conduct investigations, then, is
a' power necessary to legislation which in turn is designed to further
the public welfare. The fact that the investigatory power may be
abused is, of course, no argument against the use of the power for,
after all, all power may be abused. Our separation-of-powers system
is living proof that we recognize this elementary principle.
Furthermore, Congress may employ investigating committees
to resolve questions about its own members. This stems from the
fact that each house "shall be the judge of the elections, returns,
and qualifications of its own members."
In addition, Congress may, through inquiry, check on the activities
of the executive branch, though this power has vague but nonetheless
real limits.
These three purposes have been validated by the Supreme Court.
Finally, a fourth reason for Congressional investigations has been
advanced -- to inform the public. In fact quite recently, Rep. Jackson
of California on the. floor of Congress argued that this was the main
function of the House Committee on Un-American Activities.
During the course of his remarks he said: "The work of the
House Committee on Un-American Activities is one designed to give
the American people a continuing picture of the Communist Party at i
work; to expose its propaganda efforts and to .inform citizens of t
organizations and individuals dedicated to the destruction of the i
American Republic."
* * ,
THOUGH THE COURTS have not upheld this as a Constitutional
reason for investigations by Congress, one would hesitate to say that
such a purpose'was improper for the legitimate arm of the legislature
in a democracy.
On the other hand, the investigating power is not without its
limits. Congressional'investigations may not go on general fishing
expeditions into private affairs; the purpose of the inquiry must
be a legitimate one; namely, be within the competence in general
of Congressional action.
Obviously it is within the competence of Congress to make C
inquiries which may lead to legislation that would protect the is
See LIBERALS, Page 4 t
t
Hophead inners Announced b
After Talk by Prof. Greenhut
'Committee
To Confer
With Hatcher
Group To Study
Faculty Cases
University President Harlan H
Hatcher announced yesterday tha
no final decision on whether t
reinstate or recommend dismissa
of Prof. Clement L. Markert or H,
Chandler Davis will be made un
til after conferring with the spe
cial committee of the Facult
Senate appointed to conduct hear
ings.
The two instructors are present
ly under suspension for their re
fusal to cooperate before the Hous
subcommittee on Un-American Ac
tivities last Monday.
* * *
PRESIDENT Hatcher said h
will ask the special committee t
evaluate all known facts and tes-
timony and hold hearings if de-
sired. Then the Committee wil
report to him.
"There will be no rush in mak-
ing a final decision and each
case will be evaluated separate-
ly," Hatcher concluded.
Director of University Rela-
tions Arthur L. Brandon empha-
sized that all the time necessar
will be taken to give each prm
ciple involved a completely fai
chance in the investigations.
The Executive Committee of the
Medical School still has not begun
interviews with Prof. Mark Nick-
erson of the pharmacology depart-
ment.
The executive committee of the
literary college has been holding
hearings for Prof. Markert and
Davis for the past two days. Its
findings will be presented to Pres-
ident Hatcher and then passed on
to the special committee for con-
sideration.
Governor's
New Road
Pl an Killed
LANSING -- () - The Republi-
can-controlled legislature rejected
yesterday Gov. G. Mennen Wil-
liams last-minute endorsement of
the Cloon proposal of the half-
billion dollar highway construc-
tion bond issue.
The governor sent an un-herald-
ed special message to the legisla-
ture yesterday morning, asking it
to put the proposal on the Novem-
ber ballot for a vote by the people.
While the House looked the
other way, the Senate adopted a
resolution telling Gov. Williams it
was sticking to its earlier decision
to obtain a survey of the stae's
highway needs before presenting
any such proposal to the voters.
Senate Republican leaders said
it was foolish to ask the people
to float a half-billion-dollar bond
ssue without being able to say
what it would cost or where the
money would be spent.
IHC Levies
Student Tax
At it's last meeting of the se-
mester, Inter-House Council last
night pased a motion levying dues
)f 10 cents per man per semester.
Passage of the motion was de-
ayed because of a procedural en-
anglement over whether a con-
stitutional amendment needed a
two-thirds majority of all mem-
bers of the IHC or only two-thirds
of those present.
Frequent difficulty in Inter-
preting the constition with re-
spect to majorities needed for
the pasage of amendments and
by-laws led Stan Levy, '54, IHC
President, to advocate a review
of the constitution next fall
which would lead to possible re-
vision.
In other business, the Council
unanimously passed a motion cre-
ating a corresponding ;ecretary,
and okayed a loan to WCBN of
$270 for the purchase of install-
ing permanent radio lines.
Study Committee
Adopts SEC Draft
Form(
Tag Day
Today is Tag Day.
Contributions will be collect-
ed from 9 a.m. to 5 p.m. today
at booths in various locations
on campus. Sponsored by As-
sembly and other campus or-
ganizations, Tag Day helps toi
send underprivileged boys to
Fresh Air Camp.
World News
Roundup
By The Associated Press
WASHINGTON - The Penta-
gon and the Atomic Energy Com-
mission yesterday announced "suc-
cessful" completion of the 1954
hydrogen explosion tests in the
Pacific,
The United States exploded its
fourth--and perhaps its fifth-
hydrogen bom} of the year dur-
ing the past few days, it was re-
ported last night.
* * *
r
'U,
Students
Testify,
Ann Arbor
To Change
Government
Ann Arbor's Charter Commis-
sion last night voted to change
the city's present form of gov-
ernment to a plan involving a'
City Director.
The plan formulated by E.
Blythe Stason, Dean of Law School,
includes a Director of Public Ser-
vices who would act as a coordi-
nator between the Council and
other branches of the govern-
ment. The present form has been
criticized as placing too many re-
sponsibilities on the Council and -
partsicularly on the Mayor.
* * *
THREE FORMS of city gov- }
erntnent had been previously out-
lined by the commission. These
were the present system, a City
Manager system and a Director of
Public Service plan.
After arguments for and
against each plan, the commis-
sion agreed upon Stason's .plan.
The main reason for adopting
this plan was to assure equally CO
distributed power among offi- sus
cials and to provide a check Cla
system in the government. th
Russell A. Smith made a mo- o
tion to "adopt the principle that ob
the Director of Public Services be
appointed, whose powers and re- S
sponsibilities shall be later deter-
mined."
at
Flini
Refuse
H iearing~s
WASHINGTON - The .top Re-
publican and Democrat on the
Senate Internal Security subcom-
mittee yesterday joined in call-
ing for a break in U.S. diplomatic
relations with Russia and its sat-
ellites.
PARIS -- The French Nation-
al Assembly last night gave Pre-
mier Joseph Laniel a slim vote of
confidence, 289 to 287.
GENEVA-British Foreign Sec-
retary 'Anthony Eden laid down
yesterday the "absolute minimum"
of Western requirements for a
formula to unify Korea.
He urged action upon them by
the 19-nation conference on
Korea, but most of the principles
Eden cited have been rejected al-
ready by the Communists. The
Reds were not expected to change
their views.
WASHINGTON - President
Dwight D. Eisenhower signed the
St. Lawrence Seaway bill yester-
day, authorizing the United States
to join Canada in digging the
great new waterway.
New Portrait
To Be Shown
A life-size, three-quarter length
portrait of S. S. Kresge will be
unveiled tomorrow during the
dedication of the Kresge Medical
Research Building.
This is the most recent work of
Ann Arbor-Detroit artist Lean A.
Makielski. It was posed for last
March.
Some 40 of the estimated 250
portraits of faculty members that.
Makielski has painted or drawn in
charcoal now hang in University
buildings. He was an instructor of
drawing and painting in the School
of Architecture and Design from
1915 to 1927, and at present main-.
tains studios in both Ann Arbor
and Detroit.
3NTROVERSY-Students stop on diag to take sides on the
spension of the three faculty members who appeared before the,
ardy committee. The immediate cause was a petition supporting
e three. At last report, approximately 1,000 signatures had been
tained.
udents on Diag Debate
'Faculty Suspensions
Homecoming
Petitioning for nine positions
on the Homecoming Dance
Committee opens today accord-
ing to Jay Martin, '55, commit-
tee chairman.
Petitions may be picked up
at Student Legislature's head-
quarters in the basement of
the Union, and are due by
noon, May 21. -
WUS Ins- tails
New Officers
'C
The campus chapter
of the I
World University Service installed
Edna Carlson, '55Ed, Harriet
Lehman, '57N, and Joanne Clark,
56, as officers of the organization
last night at Lane Hall.
As chairman of WUS Miss Carl-
son will direct the annual bucket
drive in October for the aid of
educationaldinstitutions and the
WUS-capade carnival at Lane
Hall.° Miss Lehman and Miss
Clark will assist as vice-chairman
and secrtary-treasurer respective-
ly.
Following the installation, Rab-
bi Jacob J. Weinstein of Chicago
spoke on the "Psychological Ap-
proach to Rejigion" in the last of
the Lane Hall Symposium series.
Rabbi Weinstein emphasized
that in the present period of crisis
the desire for security and disil-
lusionment in other religions and
in the scientific approach has led
to a return to religion.
By LEE MARKS{
Groups of students huddled on
the diag heatedly debating the re-
cent faculty suspensions yesterday
afternoon.
They were anything but apa-
thetic as charges and counter-
charges filled the air. Observers
estimated that there were several
hundred students arguing or lis-
tening at 3 p.m. in the afternoon.
* *
A PROFESSOR, viewing the
proceedings from the library steps
remarked, "This reminds me of
the old days, only then it didn't
take anything as drastic as a sus-
pension to start things going."
Prof. Mark Nickerson, one of
the three professors suspended
by President Harlan Hatcher
last Tuesday for non-coopera-
tion with the House Commit-
tee on Un-American Activities,
watched the proceedings from
the door of the Pharmacology
building.
He seemed pleased at the inter-
est shown and commented, "This
thing concerns everyone's free-
doms and any expression of opin-
ion is important.
"In fact," he added, "it is much
less important that everyone's
opinion is the same than it is that
everyone have an opinion."
STOPPED on the way to ROTC
drill, one student said casually,
"I don't see why they shouldn't
have been suspended. We don't
want Communists teaching us."
He was immediately surrounded
by a group of students who angrily
f osu tur
decried his views. He tried to
break away, explaining that he'd
be late for drill, but was prevented
by several excited coeds.
Meanwhile, as the debate rag-
ed about them, students circu-
lated petitions supporting Prof.
Clement Markert, Prof. Nicker-
son, and H. Chandler Davis. Ap-
proximately 1,000 students sign-
ed the petitions, according to
Dave Kornbluh, '54.
One circulator claimed he was
having trouble inducing students
to sign the petitions, not because
they supported the suspensions,
but because they feared reprisals.
"Do you know what someone said
to me?" asked the student. "Asked
me what would happen to him if
he signed."
"Why take a chance?" was one
student's reaction but he was fin-
ally induced to sign the petition
by bystanders.
Hoffman Will
Give Lecture
At Convocation
Paul G. Hoffman, former ad-
ministrator of the Economic Coop-
eration Administration and prom-
inent automobile industry execu-
tive, will speak on "Free Minds
for a Free Society"'to the 31st an-
nual Honors Convocation at 11
a.m. today in Hill Auditorium.
Honored at the Convocation will
be 700 undergraduate students
with outstanding scholastic rec-
ords. Recipients of special awards
and scholarships; sophomores, jun-
iors and seniors with a 3.5 or better
grade average for two semesters;
and James B. Angell Scholars, who
have an all-A record for two se-
mesters, have been issued special
invitations.
The entire campus will be dis-
missed at 10:45 a.m. for the Con-
vocation, with honor students be-
ing excused at 10 a.m.
President and Mrs. Harlan H.
Hatcher have invitedthe honorees
and their families to a reception
from 3 to 5 p.m. today at their
home.
Teachers To Hold
Annual Meeting
Pair Invokes
Amendment
on Questions
Queries Concern
Campus Groups
FLINT - (P) - Two former
University law students, Morton
Leitson and Max Dean, both of
them Flint lawyers, refused to tell
the House Un-American Activi-
ties Sub-Committee yesterday
whether they are or ever were
Communists.
For their refusal the two were
given sharply worded admonitions
by a sub-committee member.
* * *
DEAN, a 31-year-old, much dec-
orated ex-Marine flyer had pre-
viously given up a reserve commis-
sion rather than answer similar
questions in a security check.
A Flint justice of the peace,
Dean admitted attending the
second World Youth Festival t
Budapest, Hungary, in 1949.
This was described by commit-
tee investigators as exclusively
a Communist gathering.
Forty year-old Leitson was a
campus group leader while at the
University.
Both Dean and Letison were
questioned extensively about youth
groups on campus while they were
at the University.
,. -.
BOTH MENTIONED that most
of the groups named by commit-
tee investigators now have been
placed on the Attorney General's
list of subversive organizations,
So they invoked the Fifth Amend-
ment in refusing to testify about
them.
The organizations included the
Communist Party itself, a unit
of American Youth for Democ-
racy, a Committee for Civil
Rights and a student chapter of
the National Lawyers Guild.
Asked about Communist Party
membership, Dean replied, "In
view of the many Smith Act con-
victions around the country it
would be very unwise to answer
that.'
Rep. Clyde G. Doyle (D-Calif.)
told Dean he "had apparently been
very close to Communists." And
he said, "if you aren't careful,
some of that mud and slime will
rub off on you."
Earlier in the day the commit-
tee questioned two other college
witnesses, one a civil-engineering
graduate of Michigan State Col-
lege, on their reasons for taking
un-skilled jobs in auto factories.
George W. Fox, 31 years old and
a MSC graduate in 1945, was told
by committee Counsul Frank Tav-
enner that it was "more than
passing strange" that graduate
engineer should take a job re-
quiring no training when there
was "a big demand" for engi-
neers.
The other witness, 26Y year old
Markin Engel holds a soeial sci-
ence degree from the College of
the City of New York.
Petitions
Petitions for the Engineer-
ing Honor Council are due at
5 p.m. today.
Petitions may be picked up
at the council bulletin board
near Rm. 113 West Engineer-
ing Bldg. and should be turn-
ed in at Rm. 320 West Engi-
neering Bldg.
Initiation, Election
Held by Honorary
One hundred and twenty-six
men were initated into Phi Eta
Sigma, freshman men's honorary
society for achievement of a 3.5
average of better during their first
.Ri
STUDENT COMPOSERS:
Guests. Here for Music S
.
v
- - - - -
With little fanfare, few grand-
iose gestures, and no 21-gun sa- bo," by Burton Welcher, '55, was
lutes, the three winners of the given the third prize.
annual Hophead contest, sponsor- PARODYING lita
ed by an attested campus humor rA ROm Chaterary forms
magazine, were announced yester- and io rom Chaucer to Shelly
day following a pastoral elegy by azed that "it reenhut empha-
Prof. Morris Greenhut of the Eng- sien ofthuithist he moist ele-
lish department. ment of humor that revives the
is dpartm ent d r barren wasteland and the ailing
First prize of twenty dollars and fisher-king." Celebrating the pa-
a promise of future publication tron saint Hophead, he pointed
was awarded to Mary Rudolph, out that the Gargoyie will only be
'55, for "Gothic Kerosene." Sec- vitalized when "the hop enters
ond prize was awarded to Gayle the head."
Green, '55, for her one-act play Drawing on a vast anthropo-
"Cocktail Quadrille," and "Gom- socio-physio-psychoilogical clas-
sical background, Prof. Green-
A A CP rp, jj_ hut illustrated the fact that
7
al
as
$'
in
r1
By DON HARRIS
Composers and performers from
three Big Ten Universities will
be guests of the School of Music
this weekend for the annual meet-
ing of the Midwest Student Com-
posers' Symposium.
In addition to compositions writ-
ten by Michigan students, the
three day event will feature works
by students of the University of
Illinois, State University of Iowa,
and Northwestern University.
* * *
BEGINNING with a program of
chamber music by Michigan stu-
dents at 8 p.m. today in Audi-
from Northwestern, will lead dis-
cussion after the concerts.
The University. Symphony Or-
chestra under the direction of Prof.
Josef Blatt will perform orches-
tral compositions from the four,
schools on Sunday at 10:00 a.m. in
Hill Auditorium. Featured in this
concert will be two concertos, for
flute and piano, a song for so-
prano and orchestra, a suite for
brass, and several other orchestral
pieces.
Two special features of the Sym-
posium are a concert by the Stan-
ley Quartet, tomorrow at 9:00 p.m.
in Auditorium A, Angell Hall, and
a visit to the University Television
Clyde Thompson of the music
school playing the double bass,
was commissioned by the Uni-
versity in 1952. Soloist in the
Finney will be Prof. Marian
Owen of the music school.
Admission to all concerts is
open to the general public without
charge.
Works to be played on tonight's
concert are Sonata for Flute and
Piano by Bruce Wise, Grad., per-
formed by Wise and Frances
Brown Watson, '54SM, flutist, Four
English Songs by David Tice,
'55SM, sung by Andrew Broekema,
Grad., baritone, with Tice at the
piano. Charles Wingert, '55SM,
ter -anid Justine Vntvnka. Grad.
"