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April 30, 1958 - Image 4

Resource type:
Michigan Daily, 1958-04-30

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Sif riga i t
Sixty-Eighth Year

When Opinions Are Free
Truth Will Prevail"

"By The Way, Don't Expect 100% Cooperation"

Editorials printed in The Michigan Daily express the individual opinions of staff writers
or the editors. This must be noted in all reprints.

Summit Conferees
Minor Obstacle
Associated Press News Analyst
The major morning papers and government officials of Britain have
agreed informally that inclusion of Poland and Czechoslovakia in pre-
liminary talks about a summit conference would be a minor matter
compared with getting on with the negotiations.
This cuts the ground out from under one American objection, that
the controlled voices of the Soviet satellites should not be equated
with those of Britain and France in the current negotiations or later
at meetings of foreign ministers or chiefs of state.
Because France is in another government crisis and because public
interest is centered almost entirely on the Alg'erian problem, reaction
there is fragmentary. If Britain and the United States agree, France
will go along.
The Soviet Union wants Poland and Czechoslovakia not only as a
matter of protocol, as it wanted White Russia and the Ukraine in the



Criticism of High Court
Deserve Careful Study.


EVER SINCE the time of John Marshal, the
Supreme Court has frequently been charged
with attempting to legislate through court de-
cree. At present, the attacks against the Court
are rather intense; therefore, Americans must
now nationally review the Court and its func-
tions in order to determine if the Court, as
such, shall be preserved or if its fundamental
character should be changed.
The organization .of our government pre-
sents somewhat of a paradox. In one respect
the Supreme Court is at the mercy of the oth-
er two branches of government. The executive
branch appoints its members, and the legisla-
tive branch appropriates operating funds, de-
crees the size of the country's entire Court
System and, to a degree, defines the scope of
the Court's appellate power.
TN ADDITION the Court is bound by custom
not to speak in its own defense. But, on the
other hand, the Court does have tremendous
power: from a judicial point of view the fun-
damental law of the land says only what the,
majority of the Justices interpret it to mean.
This, :in effect, makes the Justices perpetual
framers, or more accurately, re-framers of
the Constitution.
Few if any people would say - or would dare
to say that the Supreme Court does not have
enough power - but many have claimed that
it has too much power. There are, no doubt, a
few serious students of American government
who believe that our court system, particular-
ly the Supreme Court, is tyrannical, and there
also are, no doubt, a large number of authori-
ties who have comparatively minor, specific
inovations which they favor.,
The Supreme Court is accused of trying to
legislate through court decree. This is the old
standard argument; first hurled at the Mar-
shall'Court, and picked up at convenient in-
tervals ever since. There are some men who,
over a long period of time, advocate this argu-
ment. But when this argument of legislation
by court decree is advanced by politicians or
other -men deeply involved in current affairs
it takes on a specious aspect.
r][MIS ARGUMENT can be - and is - used
by anyone of any political bent when he

is dissatisfied with the philosophy of the (then)
present Court. For example, the arguments
presently being advanced by Conservatives is
almost precisely the same as that which was
advanced, by the New Deal Liberals in the
early 1930's. Yet in the 1930's the Conserva-
tives defended the Court - now the Liberals
defend it.
If this is so, it would seem safe to assume
that neither group really wants to see any
basic, permanent change in the structure of
the Court. Why then are proposals of the
Eastlan-Lawrence-FDR type to drastically
change the basic character of the Supreme
Court issued? One possible reason is a sense of
panic, that the country is falling apart right
now and something must be done and we can
afford to worry later about the problems that
we might create.
This may be true to a certain extent, but
there is also a very practical, rational reason
for these attacks. These proposals bring tre-
mendous pressure to bear on the, Justices to
at least somewhat alter their views. This meth-
od on occasion, has succeeded dramatically,
and, of necessity it must give the Justices
something to think about.
THE WARREN Court has been charged with
basing its decisions - particularly its de-
segregation decisions - on Social Science. It
is interesting to note that Justice Holmes was
frequently, in the early part of this century,
'criticized for basing his decisions on Litera-
ture rather than on Law. These criticisms cll
be resolved quite simply. Fortunately, the Jus-
tices of the Supreme Court are generally quite
literate. These gentlemen find-it desirable --
perhaps necessary - to explain their decisions
in greater dimension than merely the techni-
cal aspect of the law. To do this the Justices
use every resource at their command, including
Literature and Social Science.
There' are many proposals concerning the
Court which deserve close consideration, but
the present reactionary proposals such as East-
land's and Lawrence's must be regarded as
either panic reactions or political maneuver-

United Nations. Sometime during
the negotiation the Russians will
want to make a play, on the Polish
proposal for a central European
zone cleared of nuclear weapons,
to go along with their own pro-
posal for withdrawal of foreign
armies from the area.
These proposals can be expected
to take on additional bargaining
weight now that President Dwight
D. Eisenhower has proposed inter-
national inspection as a means of
lessening the threat of surprise
atomic attack across the Arctic
and thereby decreasing mutual
During the past weekend Presi-
dent Eisenhower and Khrushchev
both renewed their pledges to seek
agreement, indicating that the
preliminary negotiations may get
out of the doldrums into which
they have fallen since the first
contact between Foreign Minister
Gromyko and the Western am-



AAUP Leaders Stir Examination

Churchill May Revive Cooperation

FOR THE PAST twelve years an increasing
climate of tension has been kindling be-
tween the United States and her once closest
ally Great Britain.,
This tragedy may very well have a decided
effect upon the future of not only these two
nations, but the entire free world, which looks
to them for leadership and guidance. While
relations between the United States and Britain
has improved greatly over what is was this
time a year ago, nevertheless they still fall far
short of the bi-national harmony fostered
during the last world war.
The military, spiritual, moral and scientific
contribution of these two nations can hardly
be overemphasized. Without them NATO would
disintegrate and the less powerful Western
allies might despair and desert. Yet, in spite
of this, we continue to jeopardize the con-
gruity, which is at the very heart of the free
world's existence.
THE FAULT cannot be placed entirely on
either country, but must be faced by both
parties realistically. Disputes arising over minor
points of foreign policy and mutual jealousy
must not be allowed to continue if freedom is
to continue.
Ever since the period immediately following
the Second World War friction between the
U.S. and England has been brewing. At that

time England saw through the whitewash of
Soviet propaganda to the imperialistic desires
of the Kremlin bosses. The United States, in
order not to hurt the feelings of our "great ally'
Russia, thought it expedient to appease her
rather than join Britain in condemning deeds
of Soviet aggression. As it turned out, we
might have prevented the "cold war." Our
mistake was serious. So was the precedent
which was set. Since then there have been few
instances of congruity between Great Britain
and the U.S.
barriers against exchange of scientific in-
formation and probably set back England's
atomic progress by several years. The airfields
that were leased to America on the British Isles
were closed to British use and operation. We
opposed the diplomatic recognition of Red
China, though they recognize the government.
Fortunately the tension and disconcord has
been alleviated to a small degree, due, in large
measure, to Sir Winston Churchill's negotiations
with and intended visit to the United States.
It is hoped that in the future friendship be-
tween these two great nations will continue
on the road to recovery and that once again
common goals will be approached with common
policies and the petty quarrels and selfish
motivations will evaporate.

To the Editor:
THE faculty dismissals in 1954,
for which the University has
just been censured by the nation-
al AAUP, were very complicated
m a t t e r s. Understandably, the
brief account in Sunday's Daily
allowed a number of' .crucial
points to remain obscure. I would
like to straighten out a few of
The University administration
claims that Communist Party
membership, in itself, is grounds
for dismissal; and the AAUP be-
lieves that it is not. But this dis-
agreement enters the picture in
an indirect and peculiar fashion.
There was no substantial evi-
dence that Prof. Nickerson was a
Communist Party member at the
time of his dismissal, or that he
had been during the preceding
few years; indeed, the Campbell
Committee made a finding of fact
to the contrary. For this reason,
the AAUP objected not only that
the University's princiles were
faulty, but that they did not ap-
ply to the Nickerson case.
The reasoning in the Davis case
was strange and rather unexpect-
ed. There was no substantial evi-
dence in the record that Dr. Davis
had ever been a Communist Party
member. The most that the
Campbell committee said on this,
in its report, was that such a
charge "might conceivably be
said to exist in the record." The
justification given for the dis-
missal was as follows: Party mem-
bership is in itself grounds for
dismissal (or very nearly so.)
Therefore, refusal to cooperate in
such interrogations is grounds for
Under these principles you can
dismiss a man, on the ground that
Communism is a dismissal of-
fense, without having to claim
that the man being dismissed is a
Communist. This is approximate-
ly what happened to Dr. Davis. (I
Michipraise . ..
To the Editor:
RALPH Langers' article on the
Michigras parade in Saturday's
Daily seemed to be cut in half.
His criticisms of the mistakes
and faults were correct, yet a lot
of praise was due many units-
and none was given. Surely of the
72 units, something must have been
The 520 unpaid entertainers
representing seven high school de-
served some mention, some thanks.
Surely the red-uniformed, high
stepping majorettes of Bedford
High of the precision and excel-
lence of our own Ann Arbor High
were merituous enough to receive
a sentence in your article.
^t takes weeks of practice, in-
volving many hours by these stu-
dents and their band directors to
be able to participate in an affair
like Michgras. They play for trans-
portation here and back. And we
give them no real rewards unless a
trophy is the limit of our thanks.
Surely if no other units deserved
mention these 520 entertainers de-
served yours, and all of Michigras'
--Jeff Jenks, '61
Co-Chairman of Bands
Parade Committee

say "approximately," because
there was another charge, to be
discussed below.)-
* * *
IT IS generally supposed that
Comunist Party membership was
the only issue involved in these
cases. Indeed, the President had
said that political opinions, as
such, were within the sacred pre-
cincts of freedom of thought. Un-
fortunately, this restriction did
not govern the proceedings of the
Campbell Committee. On page 3
of the transcript of Davis' final
hearing, we find the following
think I might say as far as repre-
senting myself, that whatever
questions the president may have
been raising with you in his let-
ter, the questions which come' to
me in my reading of the material
here are of this kind .. .
"1) Were you a member of the
Communist Party or a fellow trav-
eler at the time you signed the
oath when you came to the Uni-
"2) Are you currently a mem-
ber of the Communist Party or a
fellow traveler?
"3) Are you honest in your as-
sociations with the University?
"It seems to me that these are
all relevant to the interests of this
It is to be hoped that political
opinion lies in the sacred pre-
cincts of freedom of thought. But
Leaders . .
To the Editor:
AS ONE who works with a num-
ber of student-governing and
student-governed groups I should
like to respond to the ideas about
student government expressed in
the recent interview of one of
SGC's retiring ex-officios. He was
quoted as follows:
"A lot of people don't seem to
realize those people in the admin-
istration building and in the
dean's office have been here a long
time and have probably forgotten
more than 'campus leaders' ever
knew about student activities and
what is best for the University
"I think we are extremely fortu-
nate as students here to have an
administration which allows us to
set up an SGC such as ours."
1 It seems to me that the
present health of SGC is a tribute
to those of its members who be-
lieve that students have something
unique to offer and to those ad-
ministrators who have not taken
advantage of student faith in ad-
ministrative omniscience.
2) Student leadership is not
automatically conferred upon one
who is elected to a high student
position, but is the product of a
faith in students, in acceptance
of 'student responsibility within all
phases of the educational com-
munity, the ability to communi-
cate the concerns of students and
the desire to translate'those con-
cerns into action for the better-
ment of the community.
3) Those who are student lead-
ers within SGC, The Daily, et al,
must now welcome to their ranks
those from the Congregational-
Disciples Guild who fill the above
qualifications quite adequately.
4) The test of the attitude of

it is clear that Mr. Campbell was
not a precinct captain in these sa-
cred precincts.
* * *
THERE IS a rather widespread
impression that the AAUP's pro-
cedural criticisms are merely
technical in character. This is not
correct. Under the bylaws that
were supposed to govern the pro-
ceedings, the defendant was sup-
posed to be granted a sort of com-
mon-sense due process. That is,
the President was to state the rea-
sons for the dismissal, in writing;
the defendant was to be given
time in which to prepare a de-
fense; and if these protections
were to mean anything, then the
final hearing would have to be
based on the President's written
charges. The final Davis hearing
was not conducted in this way,
and apparently it was not intend-
ed that it should be so conducted.
On page 18 of the transcript we
find the following passage:
"DR. DAVIS: It is not limited
Professor Campbell a while ago
and failed to, whether this hear-
ing is limited to the charges?
"DR. DAVIS: It is not limited
to the written charges?
don't think so."
It would appear that the opin-
ions of the chairman, on the op-
eration of his own committee, are
authoritative. Thus the policy
which represented a violation of
our own bylaws was a deliberate
* * *
BOTH of the faculty commit-
tees that heard Davis charged
that he was not being honest. The
prestige and authority of these
men is such that their judgment
might well be credited. Unfortun-
ately for their case, they under-
took to support their charge with
"evidence," and their evidence
was of such a nature as to com-
mand the incredulity of a reason-
able man.
At one point in his first hear-
ing Davis was asked whether he
had ever appeared, in Ann Arbor,
on the same platform with both
Howard Fast and Paul Robeson.
Sincerity? . .
To the Editor:
I WOULD like to challenge Prof.
Kenneth Boulding's sincerity in
his late demonstration and pro-
nouncements, undertaken sup-
posedly for the welfate of our
America. (See Michigan Daily-
April 4, P. 1, April 24, P. 1, April
29, P. 2.)
At this crucial time when Soviet
Communism has displaye its
merciless program of forceful col-
onization, Prof. Boulding's hu-
manitarian endeavor to "save"
this American nation by suggest-
ing the decrease of the defense
budget is highly questionable, to
say the least. One has but to re-
refer to Khrushchev's statement
about the inevitability of commu-
nism in America (i.e. occupation
of American soil by the Red
troops) and to his premeditated
attempts to communize and en-
slave non-communist countries.
If Prof. Boulding truly loves
and respects the country in which

He answered that he couldn't
have, because these two men had
never been in Ann Arbor at the
same time. Perhaps the meeting
was elsewhere? According to Da-
vis, the answer was still no. He
went on to volunteer the state-
ment, that he would, however,
have been proud to appear with
two such "excellent Americans."
This passage, incredibly, was
cited as an example of "a display
of deviousness, artfulness and in-
direction hardly to be expected of
a University colleague."
This part of the report of the
Ad Hoc Committee reflects not at
all on Davis's honesty. It reflects,
rather, on the truly remarkable
state of mind of the committee it-
self, at the time that the report
was written.
Purely for reasons of space, this
one example must suffice. But if
anyone is prepared to claim, in
print, that the "evidence" of Dr.
Davis's dishonesty will bear ex-
amination, I will be happy to fur-
nish further examples of the non-
sequiturs and worse that passed
for evidnce in the reports of both
It has been intimated that the
AAUP's report is invalidated by
various errors of interpretation. I
have not been able to find these
errors, myself, but if they have
been found by the persons under
criticism, then common*justice re-
quires that these men be given a
fair hearing. Since the criticisms
have been made publicly, justice
requires that the replies to them
lilewise have public circulation. It
seems only fair for The Daily to
offer to publish these hypothetical
Edwin E. Moise
Professor of Mathematics
Socialism ..
To the Editor:
YOUR first page account of th
the speech of "independent so-
cialist" Scott Nearing gives undue
publicity to a perverted sense of
values,, if not very dependent
"America is bossed by an oli-
garchy of 'irresponsible' industrial
leaders . . ." Communist economy
is "planed socialism," where the
aim is for every person to "re-
ceive according to his needs."
But "above all . . . there is an
air of confidence among the
people, both in the USSR and in
I should like to ask why Mr.
Scott Nearing is still living in the
United States and being bossed
Let him go to his land of
dreams, the USSR, and receive
"according to his needs." Ten mil-
lions are now receiving "accord-
ing to their needs" in Soviet slave
labor camps, only because they
once thought that they should
have a voice in determining their
material and spiritual needs in-
stead of having them determined
from above.
Let Mr. Scott Nearing go to the
USSR and personally experience
the "confidence" of the Russian
people and the "confidence" of
the re'st of the nations oppressed
by Soviet Communism. Hungary
showed beyond doubt where the
real confidence and hope of the

The Daily Official Bulletin is an
official publication of the Univer-
sity of Michigan for which the
Michigan Daily assumes no edi-
torial responsibility. Notices should
be sent in TYPEWRITTEN form to
Room 3519 Administration Build-
ing, before 2 p.m. the day preceding
,publication. Notices for Sunday
Daily due at 2:00 p.m. Friday.
General Notices
Fall Orientation Leaders (Male) --
Sign up at the Union Student Offices
on the 2nd floor. Mon., April 28; Tues.,
April 29; and Wed., April 30 between
2:00 and 5:00 p.m.
There will be an International Cen.
ter Tea, sponsored by the International
Center and the International Students
Association this Thurs., May 1, from
4:30 to 6:00 p.m. at the International
A Visit to the Girls Training School
at Adrian is open to any interested
students on Thurs., afternoon, May 1
(under the auspices of Soc. 159, Juve-
nile Dlelinquency). Busses will leave
the Bell Tower at 1:00 p.m. and return
at 5:00. Reservations may be made in
advance by signing up on the Sociology
Dept. bulletin board, fifth floor of
Haven Hall. Total cost $1.00.
Agenda, Student Government Coun-
cil, April 30, 1958, 7:30 p.m., Council
Minutes of the previous meeting.
Officerreports: President - Letters,
SBX suit; Vice-President (Exec.) Ap-
pointments: M-Handbook, Regional
Exec. Committee, Finance; Vice-Pres-
dent (Admin.) Appointments: Standing
Committees: Treasurer, Report on
MCPA conference.
Cinema Guild Board, report.
Elections evaluation.
Campaigning Committee.
Standing Committees: National and
International, report; Public Relations,
banquet; Education and Student Wel-
fare, course evaluation; Student Acti-
vities Committee: Requests for recog-
nition: School of Nursing Choir, Flying
Club; Activities, May 10 Arab Club,
Arabian Night, Lane Hall, 8 p.m.
Old business.
New business, Student Particlpatio
Members and Constituents time.
Lecture: "Atomic mower atrLaguna
Beach." Myron Beekman, Director of
the Nuclear Power Development of De-
troit Edison Company. Wed., April 30,
8:00 p.m., Aud. B, Angell Hall.
The Henry Russel Lecture will be de-
livered by Verner W. Crane, Prof. of
American History, Wed., April 30, at
4:15 p.m., in the Rackham Amphi-
theater. Dr. Crane's lecture topic is
"Dr. Franklin's Plan for America."
Psychology colloquium: Prof. Cornel
Giurgea, Int. of Physiology, Rouma-
nian Academy of Science will speak on
"The Experimental Approach to the
Problem of Time and Space Percep-
tion. " Wed., April 30, 4:15 p.m., R.
443, Mason Hall.
A social seinar of the Michigan
Chapter of the American Society for
Public Administration will be held on
Thurs., May 1, at 8 p.m., in the East
Conference Room of Rackham Bldg.
Jane Weidund, programme officer with
the United Nations, will speak on
"United Nations Organization and Ad-
Lecture: Visiting Professor of du-
cation Edgar B. Wesley will delver the
annual history of education lecture on
Thurs., May 1 at 4:15 p.m. in Aud. A,
Angell Hall. His topic will be "40 Acres
and a Mule and a Speller." The lecture
is under the auspices of the School of
Education and the Dept. of History.
Student Recital: George Papich, who
studies viola with Robert Courte, will
present a recital on Tues., April 29 at
8:30 p.m. The recital, which is present-
ed in partial fulfillment of the require-
ments for the degree of Master of Mu-
sic, will be held in Aud. A, Angell all.
The program will include compositions
by Haydn, Hindemith, Brahms and Vi-
valdi. Open to the general public.
Academic Notices

Student Teaching in Music: All stu-
dents who expect to register for $tu-
dent teaching in music next year (eith-
er first or second semester) must sub-
mit an application on or before Mon.
May 5. Majors in music education may
obtain forms from their advisors; oth-
ers may obtain them at 107 School of
Selective Service Examination: Stu-
dents taking the Selective Service Col-
lege Qualification Test on May 1 are
requested to report to Rm. 130 Bus. Ad-
min1at 8:30 a.m. Thurs.
Medical College Admission Test: Can-
didates taking the Medical College Ad-
mission Test on May 3 are requested to
report to Rm. 130 Bus. Admin. at 8:45
a.m. Sat.




Disengagement Desired


WHEN WE READ about the recurrence of the
dispute between Tito and the Kremlin, and
about the tension between Gomulka and the
Kremlin, we are least likely to go wrong, I
believe, if we think of a pendulum which swings
in one direction and then in the other, but only
for a certain distance each way. That is to say,
Yugoslavia and Poland will not and cannot be
brought under the complete domination of
Moscow; on the other hand, they are not likely
to break away completely from Moscow.
OUR PROPAGANDA and our, policy can be
effective only as they take account of the
basic-fact that Poland and Yugoslavia at least--
the other satellites perhaps less so-must un-
avoidably react between the Russian on the
one side, the Germans and the Americans on
the other. For us to preach liberation and to
ignore this underlying reality is either insincere
or demagogic, or it is ignorantly to play with
What then can we do? We can do nothing.

competitive guarantes, between NATO and the
Warsaw Alliance. These problems are very
difficult. But if we cannot solve them just
now, the least we can do is not to make them
more insoluble. They will become more insolu-
ble if we reject out of hand, if we refuse to
discuss, the Polish proposal, known as the
Rapacki Plan for nuclear disarmament in the
two Gcrmanies, Poland, and Czechoslovakia.
IT IS EVIDENT enough, of course, that were
we to accept nuclear disarmament in this area
it would mean the withdrawal of the British
and American armies from West Germany and
of the Red Army from East Germany and'East
Europe. For the day has passed when ground
forces armed only with conventional weapons
can operate in a major theater. We shall have,
therefore, to face the basic question of whether
we could accept or must oppose a policy of
military disengagement on the European conti-
My own view is that we should in our think-

- I

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