L qp- -i r MATTER OF FACT See Page2 it igan~ Latest Deadline in the Stale Pa3 it# / ti CLOUDY VOL. LXI, No. 30-S ANN ARBOR, MICHIGAN, WEDNESDAY AUGUST 8, 1951 {L 11fLV FOUR PAGES Legal Mire Holds Back StacyAppeal Arsonist in Jail For Haven Fire By JOHN BRILEY The appeal of Robert Sta former University teaching f low, for a State Supreme Co reversal of the decision that se him to the Southern Michig Prison in Jackson for burni down Haven Hall, has beco rmired in legal muck. Stacy, wh6 is now serving a to 10 year sentence for firing t old brick building that once sto on the north side of Angell Ha was found guilty of arson after three-day trial last December. * * * IN JANUARY, Leonard I Young, court-appointed attorni for Stacy, submitted a 16-poi appeal for reversal of the Circu Court trial decision. In the appe Young was required to include "concise and accurate" reportc the Stacy trial. This report, b law, was to have been checked an certified by the judge who hea the trial, Circuit Judge James F Breakey, Jr. According to law, if the pre siding judge does not certify th accuracy of the report within 3 days, the appellant may take the case directly to the State Su- preme Court without the certi- fication. When Young first submitted h report, Judge Breakey require that two additional pagesnbe add ed to the trial transcript and thre affidavits by Stacy be appended t the report. Since that time nothing his hap pened to the appeal. *" a *: JUDGE BREAKEY, who is cite in Young's appeal as having erre in admitting certain extra-ud cial, statements in the evidenc against Stacy, says that he wi not sign any statement about th court record until the inclusion o the additions he demanded. "The burden of Initiative is on the appellant," Judge Breakey asserts. Young argues he has not bee informed of all the correction Judge Breakey wishes to be mad and has been unable to get the original copies from Judge Brea key's office to make those correc- tions he knows about. s PROSECUTING Attorney Doug las K. Reading, who conducted th State's case against Stacy, claim "there is no way under the law that anyone could have the powe to delay the appeal. There is no reason why the appeal can't go on without the record of the pro- ceedings." Young grants that hetcould take the case directly to the Supreme Court, but claims that to go without certification of the trial record would produce unnecessary difficulties in the conduct of the appeal. "Getting a certification of the record is a three-minute proce- dure," Judge Breakey says, "once the report includes the details I have requested." While this circuitous argument goes on, Stacy, who tried to kill himself shortly after being sen- tenced, still sits in prison. His arrest, without a warrant, came four months and four days after the June 6 Haven Hall blaze, when his former girl friend, Zelda Clarkson, called police to demand that the 30-year-old Latin scholar be committed to an institution for the insame. Quad To Gel Vaughan Men Former residents of Vaughan House, recently converted into a women's dorm, will be assigned rooms in Kinsley House of the South Quadrangle, Francis C. Shiel, manager of Service Enter. prizes, announced yesterday. i i cy it ur n a n mf 'e n l i al a o: by d rd R e -1 e is d 1" d. d -s ll if n s e e s r i Y, 1- rt it n g e 5 Le 1 Soule Decision Laid to Regents The University administration was overruled by the Board of Re, gents in the matter of rejecting the resignation of the late Malcolm H. Soule, former head of the bacteriology department of the Medica School, who committed suicide Friday after learning that he had beer dismissed from the faculty for mishandling funds. This was revealed in a letter from University Vice-President Wil- bur K. Pierpont to Soule dated July 18 which was made public yes- terday by Mrs. Alma Soule, the bacteriologist's wife. * * * * It .s. Rejects Red Plan For Five - Power . a t t , THE LETTER which acknowledged receipt of Soule's resignation, tendered to Dean Albert C. Furstenberg, of the Medical School, noted that full restitution of the mishandled sum of $487.05 had been made and concluded: "This isatoadvise you that your resignation submitted July 13 has been accepted." "He thought the whole affair at an end and that the unfortunate " circunistance was to be forgotten," Mrs. Soule said yesterday. "He CourtD ro s was preparing to start life all over again as a consultant in private practice," she said. Ca e"Then came a messenger from the Board of Regents with the letter. It was more than he could Iran rincebear.", The letter from the Regents was the message found near Soule's body Friday which informed him Prince Mahmoud Pahlavi, Grad. absent from his own hearing, un- concernedly attended classes yes- terday as his municipal court tria: on charges of driving with a re- voked license was dismissed by Judge Francis O'Brien. Dismissal of the case "in the best interest of the public" was moved by Prosecuting Attorney Douglas K. Reading. The absent prince was represented by attor- ney Louis Burke. * *d* THE PROSECUTOR expressed his belief that the critical situa- tion in Iran makes it impractical to regard Pahlavi, brother of the Iranian Shah, separately from his own government. The prosecutor admitted that he has found that the prince is in no official way a representative of that government. Denying emphatically that he was "yielding to State Depart- ment pressure," Reading declar- ed that his decision was reached independently. He said the im- portance of the case here is dis- proportionate to the importance it might be given abroad. After the brief five-minute hear- ing, Judge O'Brien granted the request for dismissal of the case on Reading's report that "it is more important that the interests of the country be protected than that this case be prosecuted." Ac- cording to the prosecutor, what might have been a ticklish inter- national situation has been avoid- ed. * * * EXPRESSING hope that the prince would comply with local laws in the future, Reading stated that Michigan's books are now cleared of charges against the Shah's young brother. Pahlavi was thus spared a two-day jail sentence which conviction would have carried. The prince was arrested by Ann Arbor police on a speeding charge June 22. It was then discovered that his driver's license had been revoked for failure to settle a previous traffic charge in Jackson. Pahlavi was released on $25 bond. A few days later, a three- man delegation from the Iranian embassy in Washington arrived in Jackson to pay the $22 fine. that his resignation had not been accepted and that he was dismissed instead and the facts of the case l would be turned over to the coun- - ty prosecutor for prosecution. y * * INFORMED OF Mrs. Soule's' e statements, University officials as- s serted that Soule had "misinter- preted" Pierpont's letter if he be- t lieved that it was the final word on the case. President Alexander G. Ruth- yen pointed outtyesterday that 3"regardless of the wording of the Pierpont letter or the inter- pretation put upon it by Dr. Soule, he must have known that the Regents never have delegat- ed to an inferior officer the right to dismiss, employ or promote a faculty member. They insist on reviewing every such case. No action taken by Mr. Pierpont could be more than a temporary one, pending final action by the Regents;" Pierpont said that under the by-laws of the University he had no alternative but to write the letter as he did. "Once Dr. Soule admitted that he had forged the indorsement of checks my duty was rigidly prescribed," Pierpont said. "I was forced to accept his res- ignation for the purpose of separ- ating him from the payroll at that time. He must have known that ;he regents could sustain or re- scind my action as they willed." On Monday, a coroner's report given after an autopsy performed at the coroner's request by a Uni,- versity surgeon, showed that Soule had been suffering from a nasal lesion which was cancerous. An operation designed to correct the condition was performed in 1937 but another one to relieve pressure on the brain had to be performed two years ago. The coroner's report said that the condition must have caused a good deal of continuous pain. A further study of sections of the brain tissue to determine if' the pain caused a deterioration of the brain will take about two' weeks, the coroner said. Members of the family reported that physical examinations in May and June had found Soule physi- cally fit, however. Allies Await Truce Talks a Resumption Hinge on Red OK Of UN's Demand TOKYO-()-The Allied truce team left by plane for Korea yes- terday to await Communist guar- antees for strict neutrality at Kaesong. Resumption of the suspended armistice talks hinges on Red ac- ceptance of Gen. Matthew B. Ridgway's new demand that Com- munist troops be kept out of the truce ciiy neutral area. VICE ADM. C. Tiner Joy, chief United Nations armistice delegate, and three members of his team left Tokyo at 6 p.m. (Ann Arbor time). The return of the Allied dele- gation to Korea indicated that a favorable reply was expected from the Communists. Communist radios gave no im- mediate reply to Ridgway's latest message, which was broadcast re- peatedly to the top Red com- manders. Instead, Peiping countered with a broadcast alleging that U. S. ground troops in three attacks violated the neutrality zone July 16. BRIG. GEN. William P. Nuck- ols, official UN spokesman, 4aid North Korean Lt. Gen. Nam I did bring before the conference a charge that UN forces had vio- lated the neutrality agreement and the matter wasdiscussed by liaison officers of both sides. He said the matter was investigated but he did not know with what result or conclusion. A Pyongyang radio broadcast gave no bint that Ridgway's message had ever been received. It continued to berate Allied negotiators for failing to appear Sunday at Kaesong, the confer- ence site, "on the pretext of a mistake made by our troops in violating the neutral zone." The Supreme UN commander halted the cease-fire negotiations and called his team to Tokyo after 140 armed Reds marched past the conference site during a mid-day recess in the 19th meeting last Saturday. Ridgway acknowledged he had received an explanation from the Communist top command on the incident. But the UN commander plainly showed he was not satisfied with the Red reply from Gens. Kim Il Sung, North Korean premier, and Peng Teh-Huai, leader of the Chinese Red army forces in Korea. On the fighting front, Allied patrols ranged up to six miles in front of their lines without meeting strong opposition. The Communists sent a single plane over Allied lines on the cen- tral front. Five bombs were dropped. There was no announce- ment of casualties or damage. ; Allied warplanes flew 236 sor- ties, 90 of them at night. Pilots reported 80 Communist vehicles were hit in moderately large con- voys moving toward the Red{ front. ' Announces' New Project The University and the Dearborn Motors Corp. announced yesterday a join t four-year $100,000 project to find out how trace elements of the soil-iron, copper, zinc, bor- on, manganese and molybdenum -may be used to increase yields and add nutritional values to farm RAW DEAL?-Cadet Capt. Harold . Loehlein (center), captain-elect of Army's football team, goes over a statement he made to newsmen, as Cadet Ronald Clough (left) and Cadet Harrison Travis watch. Loehlein lashed back at the accusers of the 90 cadets who are facing expulsion from the U.S. Military Academy, saying the accused cadets felt they were getting a "raw deal." Professor Testifies in Cadets Face Resignation Or Immediate Expulsion By The Associated Press West Point's commandant, de- fending the institution's academ- By The Associated Press t ic record, said yesterday that A University of Washington Icheating cadets can resign with a professor testified yesterday he clean slate if they so choose. got a cold shoulder from an aide to President Roosevelt after pro- But if they don't, Maj. Gen. posing that anti-Communist forc-_ es in China be given substantial military aid in 1943. W orld News Prof. George E. Taylor said he suggested that enough arms be j sent to Chinese Nationalist forces 1 to "shoot up the Communists." Ro n u But, he told the Senate's internal By The Associated Press Security Subcommittee, White House adviser Lauichlin Currie WASHINGTON-The National broke off relations with him after Cancer Institute yesterday award- that. ed 150 grants totaling $1,416,760 to aid cancer research in 78 hos- TAYLOR said that at that timeI he was with the Office of War In- formation in charge of the China section. He said he had been a trus- tee of the Institute of Pacific Relations since 1946. The sub- committee has been probing at length into the operations of the Institute, whose officers say it is engaged in objective study of Far Eastern problems. Asked if he had received com- plaints that the IPR was "Com- munist influenced or Communist- controlled," Taylor replied he had been told there were some Com- munists in the Institute, that some thought it Communist-controlled and some thought it not. pitals, universities and other in- stitntions here and abroad, in- cluding grants to Dr. Abraham I. Braude and Dr. Albert H. Wheeler of the University. ..WHITE SANDS, N. M. - An American rocket yesterday set a new altitude record of 135 miles. WASHINGTON - President Truman asked the Senate yes- terday to restore about $3,000,- 000 which the House cut from appropriations for the United Nations and other international groups. WASHINGTON - Senator Mc- Carthy (R-Wis.) said last night he was prepared to make public Frederick A. Irving said, they will be ousted. * * * PREVIOUSLY the Army had not made clear that the 90 ac- cused cadets would have a chance to resign with clean records. Irving, graying, 56-year-old superintendent of the U.S. Mili- tary Academy, said he believed that "we probably are cleaner than almost any other institu- tion." "The fact that we took action just makes us look bad," he told a news conference. ** * AS IRVING spoke, proposals were being voiced in Congress that West Point, and the Annapolis Naval Academy, be abolished as full-scale educational institutions, and reduced to purely military schools. There also was word from the Army that it will try to learn if there are other cadets or grad- uates involved in a classroom cribbing scandal, which already has ensnared 90 West Point stu- dents. Should other cases be unearth- ed, "appropriate action" will be taken, an Army spokesman said. Gen. Irving disclosed that 29 other cadets had been investigated on exam-cribbing charges, but that there was not enough evi- dence to punish them. So far as he knows, he said, only the 90 were involved. Some of the accused cadets ehav claimed that at least 200 oth- ers got off the hook by lying. AS FINAL screening of the ac- cused students progressed, the Senate's special investigating sub- committee called off an inquiry, f or the time being. Rep. Hoey (D-N.C.), chairman, said the reason was that the ca- dets now are getting additional individual hearings. At the same time, Rep. Clemente (D-N.Y.) introduced a resolution calling for an investigation by the House Armed Services Committee of both West Point and Annapolis. P act Calls Peace Proposition SovietrlTiral) Russia Remindd Of Charter Aims WASHINGTON-(P)-The Uni- ted States scornfully dismissed as "a propaganda trap" yesterday Russian President Shvernik's pro- posal for a five-power peace pact. A statement by the State De- partment said the whole proposi- tion was an old favorite of Soviet propagandists going back to Jan- uary, 1949. It asserted there was nothing new in the proposal, made in a letter from Shvernik to President Truman * * * WITH ITS rejection, the State Department issued a challenge to the Soviet Union to live up to peace obligations it has already undertaken in the United Nations charter. State Department press offi- cer Michael J. McDermott said that if and when Mr. Truman answers Shvernik's letter which he received Monday his answer will follow the same line as the statement. The statement issued by Mc- Dermott at a news conference was the fourth in a series of develop- ments in the battle of words with Russia which began when Con- gress adopted a resolution declar- ing American friendship for the Russian people and asking that this resolution be published in Russia. THE SECOND move came on July 7 when Mr. Truman dis- patched the resolution to Presi- dent Nikolai Mikhailovitch Shver- nik of the Presidium of the Su- preme Soviet, with a request that it be published in Russia. The third move came Mon- day when the Russian embassy delivered to the State Depart- ment Shvernik's answer, In- cluding a resolution of the Presidium. This dealt at lewth with the familiar themes of us- sia's interest in peace and friendship and denounced the United States. Along with this Shvernik called for a five-power pact "for the strengthening of peace." This would be a pact among the United States, Soviet Union, Britain, France and Red China-which the United States does not recognize. McDermott began his state- ment today with a blast at the Russians for failing to publish the American friendship resolution. Later, dispatches from Moscow said the Moscow radio broadcast the resolution to the Russian peo- ple yesterday, along wtih an ac- companying letter from President Truman and Shverniks' reply. It was announced that Soviet news- papers would carry the texts this morning. Vinson Moves To Increase Air Power WASHINGTON-M)-Chairman Vinson (D-Ga.) of the House Armed Services Committee open- ed a fast-action drive yesterday for a 163-group air force, nearly twice present strength and over two-thirds above the present offi- cial air power goal. He called also for two more super aircraftscarriers like the one now under contract. 0 PRESSING for speed on the ground that planes and mass wea- pons have so changed strategy that the loser in the air is certain nf defeat in war Vinson: I -- --- -- ENNUI PLAGUES BULLS : Streiff Reports Perfect Student Driving Record MEANWHILE the FBI rounded today the names of 29 state de- up five more Communist leaders partment employees who, he says, yesterday, bringing to 50 the num- are under loyalty investigation if ber of party officials charged with the wire services promise to carry plotting to advocate the violent the names. overthrow of the United States - Government. NEW YORK-A CIO union's ef- In San Diego, Calif., FBI fort to organize New York's 19,000 chief J. Edgar Hoover said the cops was answered yesterday with roundup will be followed by more a. headquarters order that no po- arrests, liceman could join any labor Hoover declared in an interview union. that third level Communists would ** be jailed next but "there is to be SAN FRANCISCO-The accor- no hysteria, no mass raids, no dionplayer, Dick Contino, 21 years roundup of thousands." old, who dodged the draft, is go- Of those taken into custody yes- ing to prison for six months. After terday, two were arrested in New he gets out, and pays a $10,000 York, two in Baltimore and one fine, he will step into an Army in Cleveland. uniform. E r V t t I By GAYLE GREENE University students have turned in an exemplary driving record this summer, with "nary a one" reported for violating his special driving permit, according to offi- cials in the automobile division of the Office of Student Affairs. Karl D. Streiff, administrative assistant, reports that two depu- tized sheriffs, employed by the University to check on student drivers this summer, have not yet listed any violators. THE REPORT indicates that students have apparently abided with the summer session rule which allows use of recreational MEANWHILE, University offi- cials have been meeting to com- plete a tentative plan to set up regular police protection for the campus, as announced last May by University Vice-President Wil- bur K. Pierpont. At that time, Pierpont ex- pressed a need for police on University parking lots. "There is no regular enforcement now, and the problem is a serious one." he asserted. An agreement was reached aft- er nearly eight months of discus- sion between city and University officials. The University has been: paying the city annually the equi- valent of about seven policemen's 'U' TO DROP 97 FROM STAFF: Draft Forces College Faculty Cuts I WASHINGTON- P) -One out At the University, officials of about every 12 American col- have announced that 97 facul- so have offered some help in this and other ways to relieve the problem. i crop. lap ntiunivrsiy t.A ~rqf-sP! s, tv members will he cut in the