A New Look. at the
See Page ,2
Latest Deadline in the State
VOL. LXVI, No. 137 ANN ARBOR, MICHIGAN, WEDNESDAY, APRIL 25, 1956
Legal' Opinion Has Changed
On Segregation SInce 1868
(EDITOR'S NOTE: This is the second in a series of six articles on segre-
gation in the United States as viewed from the standpoints of education,
law, social-psychology, anthropology and political science.)
By MARY ANN THOMAS
The trend of legal opinion regarding segregation in the United
States has changed appreciably since the Fourteenth Amendment was
passed in 1868.
The "separate but equal" doctrine had been in force for 58 years
before it was overturned by the Supreme Court ruling May 17, 1954.
First enunciated by the Court in the Plessy case of 1896, the doctrine
allowed the States to maintain segregated schools as long as they.
provided equal facilities.
What factors caused the Court to reconsider and abandon this
Lists Reasons for Change
Prof. Paul G. Kauper, who teaches Constitutional law in the
Law School, suggests three major reasons for the declaration that
-segregation in public schools is
Issue Brin gs
MONTGOMERY, Ala. () - An
order to stop segregation on city
buses brought angry threats of re-
prisal yesterday from city and
state officials who vowed to keep
the races apart as long as pos
Despite the decision from Mont-
gomery City Lines Inc., to aban-
don -its policy of separate seating
of white and Negro passengers,
there wefe, no reports of actual
mixed seating on the first day.
An Alabama Journal reporter
who spot-checked the buses said
all the Negro riders he saw were
seated in the rear, the part re-
served for members of that race
under the traditional segregation
Neither was there any indica-
tion that the bus company's action
in refusing to continue enforcing
city and state segregation laws
would bring an immediate end to
the boycott by Negroes who have
refused to patronize the segregated
buses since Dec. 5.
A leader of the bus boycott, the
Rev. Martin Luther King Jr., is-
sued a statement saying, "There
will, be no change in our position'
immediately" and that the protest
would go on for the time being.
King said the Negroes were still
awaiting word from the bus com-
pany manager, J, H. Bagley, on
' their original demand for em-
ployment of Negro drivers on pre-
dominantly Negro routes.
Bagley wasn't available for com-
ment. In 'the past he has said the
company had received no appli-
cations from Negroes for jobs as
Meanwhile, what effect the
move to end segregation here
might have on the $500 fine levied
against King on his boycotting
conviction wasn't immediately de-
Tickets are still on sale for the
May Festival concerts which begin
Thursday, May 3.
According to the ticket offices
of the University Musical Society,
there is standing room only for the
Fransescatti concert on Saturday
night, May 5. For this concert
there are also a few seats available
on the main floor behind the posts.
For the other concerts there are
seats on the extreme sides of the
main floor, sides of the first bal-
cony and the center back seats of
the first balcony. There are fairly
good seats left for the concerts,
excluding the Saturday night con-
cert, in the top balcony.
The concerts include'Inge Borkh,
soprano, appearing at 8:30 p.m.
Thursday, May 3; Lois Marshall,
soprano; Jane Hobson, mezzo-
soprano; Rudolph Petrak, tenor;
Vronsky and Babin, pianists; the
University Choral Union, and Thor
Johnson, conductor for the concert
at 8:30 p.m. Friday, May 4.
* Saturday, May 5 at 2:30 p.m.
Hilde Gueden, soprano will appear
with the Festival Youth Chorus
under the direction of Prof. Mar-
guerite Hood of the music school.
Eugene Ormandy will conduct.
Zino F-.ancescatti, violinist will
appear at 8:30 p.m. Saturday, May
5 with Eugene Ormandy conduct-
The Sunday afternoon concert
will be conducted by Thor Johnson
contrary to the Constitution.
"The first factor," the lanky1
professor listed, "is the realizatioi
that, in view of the cases, we do
not get equality in segregation."
Judged on Intangibles
Schools are judged on their rep-
utation, alumni and quality of'
their faculty as well as their phy-
sical facilities, he said.
As the second factor influencing
the Court's decision, Prof. Kauper1
said, "The Court got to the basic
problem in segregation-If equal
protection means a personal right
to equal protection under the laws,
it doesn't matter what race you
"Any analysis of the 'separate
but equal' doctrine in its legal
aspect," he continued, "really
shows that it is a question-begging
idea because it does not answer the
question of whether race can be
used as a basis of classification in
the enjoyment of rights and privi-
Consider Historical Factor
The third consideration of the
Court was the historical factor.
"On the one -hand," Prof. Kauper
explained, "Negroes have advanced
considerably in this country." The
correlative factor," he continued,
'is that as one of the Western
democracies, we could hardly hold
ourselvesout as the champion of
human rights while at the same
time we continued to segregate Ne-
"Actually the decision in the
Brown case," Prof. Kauper com-
mented, "cannot be regarded as an
isolated decision, but as a climax
of a decided trend of decisions over
the past 12 years since the Court
ruled in Smith v. Allwright that
Negroes could not be excluded
from 'democratic primaries.,
A Form of Discrimination
"TheFCourt's decision could have
been based simply on the grounds
that segregation is one form of
discrimination aimed at the Negro
race," he said. The formal ground
in the Brown case that social-
psychologists said Negroe children
suffered from feelings of inferior-
ity did not strike the law professor
as very meaningful.
"If they were finding in fact,"
he illucidated, "they should have
been supported in case records and
the trial courts should have taken
testimony on that fact."
He questions further whether
matters of this kind are capable'
of the type of proof that should
See SCHOOL, Page 4
To Be Honored h
University President Harlan H.
Hatcher will receive an honorary
degree from New York University
The President will be invested
with an honorary doctorate of hu-
mane letters at NYU's first annual
Founders Day Honors Convention,
at which he will deliver the main
Professor John P. Dawson of the
Law School last night declared that
the United States was "irrevocably
committed to the defense of the
Speaking before the second in a
series, Town Talks on Foreign Pol-
icy, sponsored by the Ann Arbor
Citizens Committee on Foreign
Affairs, Prof. Dawson said that we
"should not send arms to Israel
now . . . but we cannot let the
state be destroyed."
Professor Dawson first outlined
the history of the explosive Mid-
dle Eastern problem. Beginning
in the first century when the Rom-
an Empire caused the dispersion of
the Jews from Palestine, he cited
centuries of movements and man-
euvering which have resulted fin-
ally in a divided Holy Land and
hundreds of thousands of Jewish
and Arab refugees.1
Following Prof. Dawson's talk,
and the informal group disus-
sions, spectators rose to express
heated views of the complex situa.-
The meeting ended with a plea
to Americans "to consider the
problem with seriousness and com-
passion, not aligning with either
side, but seeking a way to dissipate1
th hostility which is threatening
Board of Governors of the Resi-
dence Halls yesterday decided to
look into the possibility of estab-
lishing a number of scholarships
for persons living in the Residence
Acting on a motion by Prof.-
Lionel H. Laing, of the political
science department, the board
began its action in light of the
recent rgom and board raise,
which, the governors felt, was
"pricing people out of the Resi-
dence Halls." '
Prof. Laing's motion, passed by
the Board, read "That the appro-
priate agencies of the University
be approached to set in motion
machinery that will make possible
the establishment of a number of,
substantial Residence Halls schol-
arships adequate to cover a por-
tion of the costs of such residen-
It was also mentioned that the
scholarship might be called the
Michigan House Plan Scholarship
Fund, but this would have to be
decided later, if the results from
looking into the possibility were
Board of Governors all expressed
favor in the hopes of establishing
such a scholarship fund.
To Be Held
Three professors will discuss
"The Existence of God" at 7:30
p.m. today in dining room one,
Prof. Kenneth E. Boulding of
the economics department, Prof.
Charles L. Stevenson of the philo-
sophy department and Prof. Wil-
liam B. Willcox of the history de-
partment will participate in the
second in the series of Inter-
House Council-sponsored Faculty
At the end of the symposium,
members of the audience will be.
able to direct questions at the
participants in the discussion. The
symposium is open to all, and there
is no admission charge.
Aid From NATO
To General Motors
WASHINGTON (P)-The Sen-
ate's "big business" subcommittee
made public yesterday a staff re-
port saving General Motors' "ex-
tremely high profits" call for price
cuts to consumers.
The report, prepared under the
direction of Sen. J. C. O'Mahoney
(D-Wyo) said also the time may
have come to consider limiting the
six-billion-dollar corporation's ex-
pansion into any new fields.
A further suggestion in the re-
port, issued by a Judiciary sub-
committee on antitrust and mono-
poly, was that it might be healthyf
for competition if G.M. cut its
!cnnection with its financing sub-
sidiary, General Motors Accept-
In Detroit a General Motors
"Since the report was not re-
leased until today and is over 100
pages, we have not had an op-
portunity to study it.
The O'Mahoney subcommittee
held public hearings late last year
on General Motors as a "case
study" in an inquiry into business
size and concentration in the light
of antitrust laws.
"In view of the extremely high
level of profits sustained over
such a long period the interest of
the consumer should receive
stronger recognition by the com-
pany in lower prices."
G. M., controlled by DuPont in-
terests, makes a wide variety of
products ranging from cars and
trucks to airplanes, rockets, clocks,
mirrors and .ice-cube machines.
Bob Marshall, owner of a local
bookstore, stood alone against
three University professors last
night at a Students For Stevenson
meeting in favoring Senator Estes
Kefauver as opposed to Adlai Ste-
venson for the Democratic nomi-
Marshall defined the Democratic
concern for November as "what
shall the party stand for? not
whom shall we nominate?" He
was concerned about the North-
South cleavage of the Democrats
and recommended splitting the
party in November, saying, "We
can't bridge the gap with Steven-
Robert C. Angell of th sociolo-
gy department felt the party
shouldn't water-down their plat-
form to keep the Southern Demo-
crats. He stated confidence that
Stevenson's "many personal quali-
ties" would offset the votes he
would lose on his "moderation"
view toward segregation.
Professor Preston Slosson of the
history department asked for "a
bill of particulars" from those that
say Stevenson has courted the
DICK SNYDER DAVID SILVER
... Managing Editor ... Business Manager
of State Dulles said yesterday he
is going to Paris next week with
some ideas for' keeping the North
Atlantic Alliance alive and grow-
ing lest it "dry up."-
Maybe, he told a news confer-
ence, the North Atlantic Treaty
Organization might give economic
help to underdeveloped areas, such
as North Africa, or to areas upon
which it depends economically,
such as the oil-rich Middle East.
But Dulles emphasized that he
would go into no detail until he
sits down at Paris May 4-6 with
representatives of the 14 other
He said they have some ideas,
too, and he is anxious to hear
them before talking too much
about his own.
Dulles declined at a 40-minute
news conference to elaborate fur-
ther on his statements Monday
that NATO should be developed
into more than a military pact.
He made those statements in a
speech to the annual Associated
Press luncheon in New York City.
Dulles stressed today the mili-
tary nature of NATO. He said,
"Its military activities are major
and for some time probably will
be a major phase of its activities."
But he said NATO is more than
that. He said NATO "Reflects the
spirit of Western civilization" and
can be an finstrument "to heal the
disunities which in the past have
so often been the cause of war."
Healing those disunities is, he
said, "perhaps the greatest single
task, as I see it, of postwar
With an alliance created in an
emergency--such as NATO was in
the face of the Soviet military
threat-the future demands that
it "either grows or tends to dry
Russia seems now to be moving
away from violence in its foreign
policies, he said, and added:
"It's necessary and appropriate
that we should adapt our tactics
to the changes in Soviet Commu-
The secretary told reporters that
he sees no inconsistency in this
viewpoint and the one he expressed
at a news confernce last Fpb. 28.
*** City Editor
... Editorial Director
-Appointment Photos by John Hirtzel
Snyder, Silver To Head Daily Staffs
By TED FRIEDMAN bership b
The new senior editorial and ment Cou
business staffs of The Daily were An Eng
chosen last iight with Richard from Fay
Snyder, '57, and David Silver, '57- a memb
BAd, in the two highest positions. Council o
Snyder, a 20-year-old Pre-Law Sphinx h
student, is the new Managing a staff-
Editor of the Michigan Daily. In House, So
this position, Snyder takes over Silver
the functions of retiring Managing Manager.
Editor David Baad, '56, which in- ing and r
cludes automatic ex-officio mem- ber of Sig
in the Student Govern-
glish Major, Snyder comes
yetteville, N.Y. He is also
er of the Development
of the Board of Diregtors,
honorary society, and is
-assistant in Gomberg
is the new Daily Business
. The 20-year-old market-
retailing major is a mem-
gma Alpha Mu fraternity.
M' Nine Downs Broncos,
For Sixth Consecutive Victory
Special To The Daily
KALAMAZOO - Coach Ray Fisher's hustling baseball squad
chalked up another victory yesterday afternoon as they stopped the
Western Michigan Broncos, 5-2.
The Wolverines' victory over last year's NCAA runners-up ran
their string to six consecutive victories.
'M' Gets Five Hits
Michigan made the most of its five hits as it bunched three of
them into two big innings.
After jumping off to an early lead, the Wolverines then coasted
through the rest of the game. Captain Moby Benedict led off the
first inning with a walk and Bruce Fox, playing the outfield after his
great pitching stint Monday, promptly singled him to third.
Left fielder, Howie Tommelein forced Fox at second as Benedict
crossed the plate with the game's first run. Ken Tippery then struck
out and Steve Boros grounded out
to end the inning.
The new Daily City Editor is
Lee Marks, '57BAd. Marks, who
is native to Greatneck, N.Y., is a
member of Pi Lambda Phi frater-
nity and Sphinx honorary. Marks,
like Snyder, is a Pre-Law student,
but the 20-year-old business ad-
ministration student is also in-
terested in certified public ac-
Richard Halloran, Grad., is the
new Editorial Director. He gradu-
ated from Dartmouth in 1951 and.
has served three years in the armed
forces in the Far East. His field
of concentration at the Universi-
ty is Far Eastern Studies, in which
he is working for a Masters of Arts
degree in '57.
As the new Advertising Manag-
er, Jerry Pusch, '57, was chosen.
Pusch is a member of Phi Gamma
Delta fraternity and Sphinx hon-
orary. The 21-year-old Pre-Law
student is from La Porte, Ind.
The new Magazine Editor is a
Daily motion picture reviewer.
Ernest Theodossin, '57, is an Eng-
lish Honors student, 20 years old,
and from Detroit, Mich.
The Feature Editor for the com-
ing year is Mary Ann Thomas, 157.
The 21-year-old native of Pon-
tiac, Mich., is concentrating on
political science-international re-
lations in the Near East. She holds
membership in freshman women's
honorary, Alpha Lambda Delta;
the junior women's honorary, Wv-
ren; and the national se jor
Thomas is also a member of the
Student Relations Committee of
the Student Relations Committee
See SNYDER, Page 4
Student Government Council has
announced that petitioning is now
open for positions on the Cinema
Guild Board, Human Relations
Board, Housing Study Committee
and Calendar Study Committee.
MOLIERE'S 16TH CENTURY DRAMA
Speech Department To .Present 'The Misanthrope'
"The Misanthrope" by Moliere,
is presented by the Department
of Speech at 8:00 p.m. today
through Saturday in the Lydia
The production will mark the
premiere performance of Richard
-Wilbur's English verse translation
under the direction of Prof. iugh
Z. Norton of the speech depart-
The seventeenth century cos-
tumes were designed by Marjorie
Smith and the Louis XIV scenery
was designed by Edward Andrea-
%*rlL. - riaL f hr'..-n.nPI" ,.nl flq
The Wolverines stretched their
lead to 5-0 in the first half of the
fourth. Benedict again led off with
a walk and Fox singled him to
third. Tommelein sent a fly to left
scoring Benedict. Tippery doubled
to the fence and Fox scored from
Dick Sosnowski, the losing
pitcher, was taken out of the
game and Norm Hradek, his suc-
cessor, was hampered by wildness.
Boros, the first man to face him,
walked and a wild pitch to right
fielder, Al Sigman sent the runners
to second and third. Sigman then
Bob. Sealby was safe when Jack
Smith, Western Michigan first
baseman, dropped the throw and
Soil Bank Bill
'WASHINGTON (A)-- A band-
wagon movment for a compre-
hensive soil bank program started
in Congress yesterday, but Re-
publicans and Democrats still dis-
agreed about making advance pay-
ments to farmers this year.
GOP leaders announced- after a
White House conference they
would try to ram a $1,200,000,000
soil bank through the House in the
next 24 hours, with authority to
advance farmers up to 500 million
on it this year.
Rep. N. D. Cooley (D-N.C.),
chairman of the House Agriculture
Committee, countered with a bill
to give the Eisenhower administra-
tion extensive powers to launch
'a soil bank program.
The Cooley legislation, however,
makes no provision for prepay-
ments. This would apparently
mean that if it were adopted there
would be no soil bank checks for
the farmers before they go to the
polls this fall.
An aide to Cooley said, "The bill
was drawn to nmeet all the require-
ments of the President's soil bank
as it was originally presented to
Congress. "The prepayment idea
is relatively new."
It looked as though Eisenhow-
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