And the Bill of Rights
See Page 4
Latest Deadline in the State
ds - M-
TARTLY CLOUDY, SHOWERS
VOL. LXV. No. 19~a.~
PARTLY CLODY, SHOWER
V %.7ils JU.M r g AN v. AU
AINN ARBOR,~i MICIG.AN, TUESkJDAY, OCITOBER 12, 1954
.QTir tssrri xt
' 1 S
MA Y U~AG
* Cae Discussed
Former Mathematics Teacher
Used 1st Amendment Before Clardy
(EDITOR'S NOTE: This is a review of the case of H. Chandler Davis,
former University instructor in mathematics who was dismissed by the
Regents August 26 for refusing to cooperate with the House Committee on.
Un-American Activities. Complete reports by special faculty committees who
studied his case will not be printed at the present time because he is under
jurisdiction of the court.
By PAT ROELOFS
Associate City Editor
H. Chandler Davis, who in November received a subpoena to
appear before the Clardy Committee, was the only University faculty
member appearing who relied on the First Amendment at the May
hearing in Lansing.
Davis appeared at the hearing without legal counsel, and refused
to answer questions of political associations and affiliations on
grounds of the First Amendment.
(See discussion of First and Fifth Amendments, Page 4)
President Harlan H. Hatcher suspended Davis following the
Lansing hearing, along with Prof. Mark Nickerson, who was later
dismissed, and Prof. Clement L. Markert who was reinstated.
Following suspension, Davis' case was discussed by the Literary
College Executive Committee, whose statement on the former mathe-
matics instructor was not revealed. According to Davis, the Literary
College committee voted for his reinstatement. In the President's
report revealed to the Faculty Senate last week, however, President
Hatcher said, "In this one case (Davis), there was no dissent from
complete unanimity of decision (to dismiss him) by all responsible
Davis refused to discuss with the Literary College Committee, and
the Special Advisory Committee his political beliefs or affiliations.
He did offer to tell them his reasons for refusing to answer the
Clardy Committee and for use of the First Amendment at those
He reported he used the First Amendment because "the Commit-
Ttee's questions constituted a viola-
By The Associated Press
UNITED NATIONS, N.Y. - Rus-
sia's Andrei Y. Vishinsky gave ap-
parent ground yesterday on the
long-standing Russian demand for
an immediate ban on atomic and
At the same time he called on
the West to match Moscow's con-
cessions with similar moves.
In a moderately worded speech
to the United Nations Political
Committee, Vishinsky made these
key points on disarmament in an-
swer to a barrage of questions
from Selwyn Lloyd of Britain, and
Jules Mozh of France:
1. Instead of beginning a dis-
armament program with the im-
mediate and unconditional banning
of atomic and hydrogen bombs, as
Moscow has demanded, Russia is
now ready to start the program
with reduction of conventional arm-
aments and armed forces of the
countries of the world.
2. The prohibition of atomic and
hydrogen bombs can come in a
second phase of a comprehensive
disarmament program, after the
conventional strength has been cut
and a control organ has been set
up. The ban on the bombs and
the start of the work of the control
organ can-. be simultaneous but
this simultaneous period may con-
ceivably cover a period- up to six
3. The control organ, however,
must not have the authority to
close a plant in any country. The
Security Council, under the U.N.
Charter has the sole power to take
such steps and the U.N. cannot
delegate powers of the charter to
a control organ.
DETROIT -Defense Secretary
Charles E. Wilson caused a storm
here yesterday when he said at a
news conference that while he had
"a lot of sympathy" for the jobless
in surplus labor areas he always
" liked bird dogs better than ken-
CIO and United Auto Workers
President Walter Reuther demand-
ed in a telegram to President
Dwight D. Eisenhower that Wilson
"publicly retract" the statement,
or "be asked to retire from public,
The labor leader's ire was
aroused by Wilson's comment to
Rains Flood Chicago
CHICAGO (AP)-Relentless rain beat down again yesterday
on Chicag'-already staggered by its worst. deluge in 69 years.
A weekend downpour that measured more than half a foot
caused damages estimated at 10 million dollars in the city alone.
More than 700 persons, most of them in the suburbs, fled
flooded homes, but only one death was reported.
Transportation was scrambled.
Huge industrial plants curtailed or suspended operations,
and 18,500 employes were idle.
The rain held off during the morning, and thousands joined
in the tremendous mop-up task.
But in the afternoon the rain resumed.
The United States Weather Bureau, which failed to fore-
cast the crippling rain of Saturday and Sunday, said there would
be showers and thundershowers yesterday afternoon and night,
and again this afternoon. Showers also are likely for tomorrow.
During the weekend the rain was measured at 6.24 inches on
the official gauge at the Midway Airport. At Blue Island, a
suburb south of Chicago, it measured 9.75 inches.
It raised the October rainfall to 102 inches, a record for
the month. It already was the wettest month in Chicago since
August, 1885, when 11.28 inches were recorded.
20 SHORT OF RECORD:-
Fraternities List Pledges
In Fall Class; Total 515
' U' Faculty. Committee
Seeks Special, Senate
Meeting for Discussion
According to Director of Univer-
sity Public Relations Arthur L.
Brandon, H. Chandler Davis was
suspended from the faculty "with
pay" on May 10 for refusing to
answer questions of political af-
filiations before the Clardy Inves-
The mathematics instructor was
paid until June. At the beginning
of the Summer Session, he was
mailed a contract for the present
school year. A statement added to
the regular contract terms indi-
cated his contract was "subject to
the condition of your suspension."
Davis, like Prof. Mark Nicker-
son who was suspended for re-
fusing to cooperate with the Clardy
Committee, did not receive any fi-
nancial settlement from the Uni-
versity when dismissed.
According to a statement by the
American Association of University
Professors, one year of severance
pay is required in all dismissal
cases "not involving moral turpi-
tude." The AAUP informed Uni-
versity faculty investigating com-
mittees of this by-law following
hearings conducted by faculty
The Special Advisory Commit-
tee and the Committee on Intel-
lectual Freedom and Integrity in
their reports on Davis, asked that
a financial settlement be made for
After the August 26 action by the
Regents to dismiss Davis, Univer-
sity Vice-President Marvin Niehuss
wrote Davis that the issue of his
severance pay would be consid-
ered at the September 22 meeting
of the Regents.
Following that, according to Da-
vis, Vice-President Niehuss called
the AAUP national secretary to
learn. if the conditions of severance
pay, in cases not involving moral
turpitude, referred to Davis as
well as Prof. Nicl:erson. The an-
swer given by the AAUP was that
the by-law applied to Davis also.
Secretary of the Regents Her-
bert G. Watkins, in a letter dated
September 28, wrote Davis that at
the August 26 Regents' meeting,
where the decision to dismiss Da-
vis was made, the Board of Re-
gents "indicated" that there was
to be no severance pay.
x Set for Today
Ralph Vaughn Williams, re-
nowned British composer, will
speak on the subject of "What Is
the Background of Music?" at 4:15
p.m. today in Auditorium A. Angell
tion of freedom of speech, press
The Special Advisory Commit-'
tee heard Davis give his reasons
for taking the position he did in
the Lansing hearing as well as a
review of the accusations Clardy
made, at a meeting June 15. He
did not at this time discuss po-
President Hatcher received the
unanimous recommendation of the
SAC to dismiss Davis prior to the
July 23 action of Congress to cite
him for contempt.
Four days after the Congres-
sional action, President Hatcher
wrote Davis, that he was planning
to recommend the mathemati-
cian's dismissal to the Regents,
and informed him of his right to
appeal his case to the Committee
on Intellectual Freedom and In-
The President's letter read, in
part, "You refused to arsver
(these) questions in public teslk-
mony on the ground that the
(Clardy) Committee had no right
to ask them.
"You have taken the same atti-
tude and have refused to answer
these or related questions or to
talk candidly about yourself and
your alleged activities in the Com-
munist Party before me and the
Special Senate Committee to ad-
vise the President, on your own
personal decision that the answers
are none of our business.
"Your conduct to date is clearly
inimical to the mission and trust
reposed in this University, and in-
dicates your unfitness. to continue
in the position you hold.
"In view of the evidence avail-
able to me, and of the unanimous
recommendation of the Special
Committee to advise the President,
See DISMISSAL, Page 6
Campus fraternities pledged over
515 men during formal fall rush-
ing which closed Sunday s
The total, only 20 short of the
record established in 1949, easily
topped last fall's mark of 486.
Special to The Daily
WASHINGTON - The Subver-
sive Activities Control Board yes-
terday heard final argumentation
on former Senator Harry P. Cain's
(R-Wash.) recommended decision
that the Labor Youth League be
compelled to register as a Com-,
munist Front Organization under
the International Security Act of
ACACIA: John S. Denton, Jr.,
'58E; David M. Hecht, '58E; Ga-
len D. Lefferts, '58; William A. Mc-
Effresh, '55NR; Richard K. Neil,
'57: Max M. Roensch, '56E; Chris-
topher A. Salvo, '57; Richard A.
ALPHA DELTA PHI: Edward
Ackerman, '56; Robert M. Boyd,
'58E; Thomas R. d'Arcambal, '56;
Donald Den Braven, '58E: William
D. Drake, '58E; Richard B. Fier-
stine, '57; Brian E. Fingerle,
'56BA; Frank W. Hausmann, '57;
Guillermo Herrera, '57; Stephen M.
Matthews, '58A&D; John M. Mor-
itz, '56; Philip B. Rentschler, '56;
John R. Rieben, '57A&D; John J.
ALPHA EPSILON PI: Allen D.-
Bagdade, '57; James P. Fox, '58;
Ronald E. Rosenthal, '58; Edward
S. Schotland, '58; Stewart G.
GEN. MARK CLARK
.eto open lecture series
General Clark To Op en
Lecture Course Today
ALPHA PHI ALPHA: Everett O.
Campbell, '58M; Duward B. Col-
lins, '58; Jasper L. Fuller, '58; Jas-
per W. Harris, '58; Alexander
Leak, '56; Glen McArn, G; James
Pace, '58Ed; Franklyn Seabrooks,
.The University's 1954 Lecture"
Course will open officially at 8:30
p.m. today when Gen. Mark Clark
steps in front of the Hill Auditor-
lum rostrum to speak on "The
Struggle in Asia."
The General, who was Command-
er-in-Chief of the United Nations
Forces in Korea, directed negotia-
tions at Panmunjom and signed
the armistice agreement. He will
be introduced by Prof. James K.
Pollack, chairman of the political
Cain had presided as hearing
Officer of proceedings in New York
and Washington since November,
1953 to enable him to make a rec-
ommendation to the Board. In at
reporters' ~ ~ ~ ~ L~ia1I courtruui nic.I.aaet
reporters' questions about unem- Bld ctofivemmebardyeis-
ployment. The cabinet official said Bldg., the five-member board lis-
with a grin: tened to final arguments prepared
"The bird dogs like to get out by defense counsel Samuel Grub-
and hunt around for their food, but er and petitioner Kirk Madrix.
the kennel dogs just sit on their Gruber requested a postpone-
haunches and yelp." ment of hearings until after the
* * * courts have made a decision on the
constitutionality of the Internal
Pcison Riot.. . Securities Act. He also denied that
SIOUX FALLS, S.D. - Prison- LYL was a "clear and present dan-
ers at the South Dakota State Ieni- ger" and thus could not be trieda
tentiary near here be nfi I under the Internal Securities Act.,
C ga r ing
shortly after their evening meal
First reports from the prison
said about 400 prisoners who had
been shouting and smashing dishes
in the dining room had been herded
back to hallways of cell blocks
and that tear gas was being used
in an effort to quiet them.
The Interfraternity Council will
hold its first tryout meeting of the
fall semester at 4 p.m. tomorrow
in room 3A of the Union.
Madrix countered saying any or-
ganization which the Board re-
quired to register was, by virtue
of the Board's finding,. a clear and
present danger. Gruber said that
the League could be no clear and
present danger since there is only
He claimed the Board itself was
an embodiment of McCarthyism
since the hearings which it con-
ducted were helping in producing
what the League terms a "silent
Gruber has been given two weeks
in which to file any briefs.
'58. H SIGueieoAraHeJAfter service in three wars, Gen.
ALPHA SIGMA PHI: John D. Clark retired from the Army a
Andrews, '58; Charles H. Carscal Sen. Charles Potter and Repub- year ago. He is now President of
len, '57; James P. Coates, '58E; e.CalsPte n eu- The Citadel, South Carolina Mili-
David F. Hamil, '58E; David T' lican gubernatorial aspirant Don- tary Academy.
Hansen, '58; Gene S. Metsker, ald S. Leonard will be among the
,58E; Donald R. Miller, '58E; Da- ! guest speakers at a birthdaypar- Tickets for today's lecture - as
vid W. Mills, 'rE; Edwin P. Rath- g y par well as season tickets for the en-
vidnW, 'ills, grEH.EdwinhP.'Rat - ty in honor of President Dwight tire 1954 Lecture Course will. be
bon, '58: RgerHSh, '5' D. Eisenhower, sponsored by the on sale from 10 a.m. to 8:30 p.m.
John L. Summers, '57E. ody
ALPHA TAU OMEGA: Charles Young Republicans, at 8 p.m. to today.
W. Beattie, '56; John R. Blaser morrow in the Union ballroom. A special student rate of $3 for
'58; Thomas J'. Boyle, '57; Robert "The Importance of Electing a the entire series has been set for
M. Cumming, '58; John A. Farkas, Republican Congress" will be the second balcony seats. Regular sea-
'57E; Kalman S. Haitinger '57; subject of Sen. Potter's address. son tickets are priced at $7.50 and
Robert L. Jillson, '57; Thomas F. while Leonard will discuss gen- $6.50.
Peterson, '58E; Robert C. Tally, eral state issues. Also speaking on Individual tickets f o r Gen.
'57E; John K. Uilkeina, '57. the subject will be State Attor- Clark's lecture are priced at 50
BETA THETA PI: William B. ney-General Frank Millard. cents for students. Other seats are
Chase, '57; Stewart W. Chastain, Other dignitaries scheduled to $1.50 and one dollar.
'59A&D; Edmund C. Clarke, '58; attend the event will be Congress-
Stuart T. Cleveland, '57; Ronald man George Meader, Douglas .
L. Deem, '58; Ernest W. Downs, Reading, Republican county chair- U
'58E; Emil A. Gatham, '58E; Phil- man, and member of the Board
ip B. Halsey, '58; Edward T. Heck, of Control of the State Federa-! Cast tryouts for the all-male
'57; James P. Hogan, '58; Douglas tion of Young Republicans. ca comes willotne
T. Holden, '58; Kristian M. Lou, " musical comedy will continue
Hoden, '58E;; Kritan 'M; Lu "The prime purpose is to intro- from 3 to 5 p.m. today and to-
'58E; John R. Mannix, '58E; Ed-. duced first voters and students to mro~ nRo Go h
ward R. McCliment, '56E; Roger te1ais oesadsuett morrow in Room 3G of the
wardR. c~lient '56: Rgerthe leading political figures in the Michigan Union.
M. McGuineas, '56BA; Dugal H. state government," said Malcolm All male students are eligible
Munro, '57; Thomas A. Oates, '57; Schlusberg, '55, president of the to try out.
See 515, Page 5 campus chapter of the YR's.
Date for Meeting
By JIM DYGERT
A special meeting of the Univer-
sity Faculty Senate will be held
within two or three weeks.
The Senate Advisory Commit-
tee, empowered under the Re-
gents' bylaws to call a special
meeting, voted to do so after con-
siderable discussion at its regular
monthly meeting yesterday.
Prof. Algo D. Henderson of the
education school, chairman of the
17-member Advisory Committee,
said afterwards the Committee.
was "merely responding to the ex-
pressed desire of the faculty."
The Advisory Committee also
authorized Prof. Henderson to ap-
point a committee to draw up an
agenda for the meeting. The com-
mittee is not to exceed five mem-
IOnly other specifications for the,
agenda committee are that at least
one member be also a member of
the Senate Advisory Committee,
and that at least one member not
be a member of the Advisory
Prof. Henderson indicated he
would appoint the agenda com-
mittee as soon as possible.
Couple Weeks Before Meeting
He also said it would take a
"couple weeks" before a meeting
could be held, that being the usual
length of time necessary for ar-
ranging a special meeting.
University President Harlan H.
Hatcher would make no comment
on either the request for a special
meeting or the creation of a ctn-
mittee to draw up an agenda. The
agenda of another special meet-
ing has been the center of some
A special meeting was requested
by a majority of the faculty at the
last Senate meeting. A motion was
Introduced and passed asking an-
other meeting to discuss further
aspects of the procedures involved
in the faculty dismissal cases and
the whole question of .academic
freedom, which the faculty felt
were not sufficiently covered in
the time available at the first
Discussion on Nickerson Case
Several faculty members later
indicated that issues arising from
the dismissal case of Prof. Mark
Nickerson would be discussed,
along with the severance pay of
both Prof. Nickerson and H.
Chandler Davis, if another meet-
ing were held.
Many of the faculty had intend-
ed to circulate petitions for an-
other special meeting. The Re-
gents by-laws provide that a spec-
ial meeting of the Senate may also
be called by a petition bearing the
signatures of 25 Senate members.
Later reports revealed that peti-
tions would not be circulated un-
less the Advisory Committee failed
to call a meeting.
Prof. George M. McEwen of the
engineering college, secretary of
the Senate, will send notices of the
special meeting to all Senate
members as soon as he is informed
of the Advisory Committee's re-
quest by Prof. Henderson,
COULD GIVE DEMOCRATS HOUSE CONTROL:
'Marginal' Districts May Determine November Election
By HERMAV R. ALLEN
AP Newsfeatures Writer
Right about this time every two$
years the political strategists (pro-
fessional and amateur) start poring
in earnest over lists of Congression-
al districts which for one reason or;
another are considered marginal,
likely to go one way or another,
and hence important in the Novem-
There are now 218 Republicans
in the House of Representatives,
212 Democrats, 1 independent and
4 vacancies. The flip of only a few
marginal districts now held by Re-
publicans, if the Democrats hold
their own, could put the House un-
der Democratic control.
25 Districts New
In the first place, 25 of the dis-
tricts that were close in 1952 were
new disntric tstha+ near. ereatri un-
5th and 6th Pennsylvania, which
have had intra-party squabbles int
both parties this year, and the 3rd1
district in Washington State.
Other Marginal Districts a
There are other historically mar-
ginal districts, but then there aret
some that went marginal in 1952
because of local issues that may or
may not influence this year's vot-
For example, tn the 1st Kansas
district, a Democrat, Howard S.
Miller, won in 1952 by plugging an
issue involving a dam in the area.
The district had been normally Re-
publican for years.
Two other districts with long Re- Sale of half season memberships
publican records, the 6th New Jer- at $4.50 was announced at the
sey and the 9th Wisconsin, went to Dramatic Arts Center's open meet-
the Democrats by narrow margins ing Sunday.
-- r..-; - ^- . +w~- fhalf' qr
in special elections in 1953a fterthe
rnzan-inn nrrl kfh of - mi - sli nf
'*llt, lluu.-ymu '( ewrirb .,' ell
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