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July 07, 1954 - Image 2

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LV Wit

The Fifth Amendment & Immunity

"Ah, Yew -Isn't That Fellow McCarthy Terrible?"

IF THE HOUSE of Representatives follows the
Senate's lead, witnesses appearing before Con-
gressional investigating committees will no longer
have the right to remain silent on the grounds of
the Fifth Amendment.
S. 16, the bill that the Senate passed last sum-
mer and which is still in a House committee, re-
quires that a witness testify if 2/3 of the full com-
mittee so directs. Any evidence arising from that
testimony can not be used for production in the
federal courts unless the witness has perjured him-
Legally there have been two main objectives
to immunity bills. Such bills are constitutional
only if they equal the privileges offered under
the Fifth Amendment.
Some of the opponents of immunity bills assert
that the Fifth Amendment was intended to pro-
tect a man's reputation as well as to protect him
from prosecution. Therefore they conclude, an im-
munity bill which forces a witness to testify and
yet can not protect him from any social stigma
which might result from that testimony, would be
Although Supreme Court decisions have ruled
that the Fifth Amendment was intended to include
only criminal prosecution, there have been dis-
Former Supreme Court Justice Field declared in
a dissenting opinion in which he deplored a close
and literal interpretation of the Constitution, "It
is true that both the safeguard of the Constitution
and the common law rule spring alike from the
sentiment of personal self-respect, liberty, inde-
pendence and dignity which has inhabited the
breasts of English speaking peoples for centuries.
. . . In scarcely anything has that sentiment been
more manifest than in the abhorrence felt at the
legal compulsion upon witnesses to make confes-
sions which must cover the witness with lasting
shame and leave him degraded both in his eyes and
in the eyes of others. A (immunity) statute is not
a full equivalent (of the Fifth Amendment) if under
it a witness may be compelled to cover himself with
the infamy of crime."
The second objection is based on the argument
that immunity granted by Congress applies only
to Federal courts and state courts can use the
information the witness has given to convict him.
However, legally, two Supreme Court rulings have
made this objection invalid. For the Court has up-
held that immunity against state prosecution is not
essential to the validity of Federal immunity stat-
utes. And it has also upheld that in the Fifth
Amendment the prohibition against compulsory self-
incrimination is not binding on the states.
Thus under these two rulings, an immunity bill

can equal the Fifth Amendment privilege since
both are not binding on the states.
But it is plain that when a witness does invoke
the Fifth Amendment, he is safe from state prose-
Several senators, during the recent debate raised
a further question in regard to an immunity bill.
Senator Cooper declared "if congress has no power
to impose punishment, it ought not to have the
power to relieve from punishment.'\
Calling the bill dangerous, Senator Lehmann said
"this bill strikes at the very roots of the concept,
so basic to our form of government, of the separa-
tion of powers between the legislative, executive
and judicial branches. The function of the execu-
tive branch is very clear-to carry out the laws
of the United States, to enforce them, and to prose-
cute those who violate them."
Aside from the intricate technical objections
which must be settled before the bill passes Con-
gress, what is the alleged purpose of the bill and
will it achieve that purpose?
According to Senator McCarran, the author of
the bill, and who has been plugging it since 1951,
". . by granting such immunity (to witnesses be-
fore Congressional Investigating committees) we
shall do more to explode this (Communist) menace
than we could do by proceeding in any other way
by which we could possibly proceed."
Thus the function of the bill would appear to be
to acquire more information about the present
internal Communist threat than the committees are
able to do at present under the existing 5th Amend-
ment privilege.
It is most unlikely that Communists to whom the
party is more important than themselves will tell
investigating committees of important espionage
plans or inform on other Communist members.
Certainly it is more probable that they would pre-
fer a one year contempt of Congress jail sentence.
It would seem that the people the immunity bill
will most effect will be past Party members and
The result of their testimony, as shown in the
past, will most probably be a long list of names of
people who were involved in the Party with the
This testimony will most likely mean economic
reprisals for those mentioned in the hearings and
little more.
A long list of names of former Party members
will not add much to Congress' knowledge of pres-
ent Communist Party operations.
Certainly for such scanty information as Con-
gress might obtain under an immunity law, it does
not seem worthwhile to by-pass a traditional legal
safeguard which was placed in the Constitution to
protect the innocent as well as the guilty.
-Rona Friedman

4I- ow Rr
O ~ a I


U.S. Recognition of Red China

UCH JOURNALISTIC capital has recently been
made on the impending big split between Great
Britain and the United States over the Red China
issue. The British are expected to vote in favor of
the Peiping regime when and if it makes a bid for
United Nations membership. Meanwhile. certain
alarmed Senators point in alarm threatening to
withdraw the United States from the international
Because the two have not been able to reconcile
this difference of view, Malenkov must be hap-
pier than an American secret service man with se-
curity clearance from Senator McCarthy. And it
is not likely that Britain and this country will
reach an agreement unless the United States finds
some way to compromise.
But we have left ourselves a rather small area
for compromise. Top government officials have
let the American people become so dedicated to
the proposition that Red China shall not be
admitted to the United Nations that to change
our position is roughly equivalent to political sui-
The mistake was to take such a position in the
first place. It should have been seen from the be-
ginning that Red China would eventually have to
be admitted to the UN in order to deal with her.
Steadfastly refusing to consider admittance on the
thin grounds that recognition implied approval was
also a blunder because the argument has convinced
the American public. So that, now, recognition
would indeed imply approval because we have said
it would.
Of course, it is rather late to think about what
should have been done. The immediate problem is
what to do now. It is a problem, and it is immedi-
ate, because a split between Britain and America
seriously weakens the free world's defenses against
Russian imperialism, defenses already proven
weaker than we care to believe.
Consequently, the split must be closed before it
gets too wide to bridge it, before the General As-
sembly gets a chance to vote on Red China's ad-
mittance. Anything else, including United States
withdrawal from the UN, would spell death-
maybe slow, maybe fast, but death nevertheless-
to chances for a Western victory.
And it is up to the United States. Britain will
not change her mind, nor should she; for hers
has been the wisest approach. What must hap-
pen is that the United States vote to admit Red
China to the UN, letting only Britain know be-
forehand so that neither the Kremlin would be
aware the split had been closed nor the Ameri-
can people would get excited and necessitate an
about face before the actual vote.
This would entail for the present Administration

political danger too frightening to comprehend.
Besides sponsoring a sober television explanation
of the move and appealing to bi-partisan sympath-
ies in the name of international crisis, the only
thing it could do is accept the ignominy and con-
sole itself in the knowledge that it had made the
wisest move toward world peace.
In this way, world peace would remain possible
at the price of danger to a few political careers.
The question is whether our leaders have the cour-
age to admit their past mistakes and do what must
be done.
However, one thing must be remembered: in ad-
mitting Red China to the UN, we must be careful
to emphasize that recognition does not mean ap-
proval, and that, until now, we have been all wet
on that point. After all, the first step toward im-
proving ones position is realizing that the present
one is wrong; and this requires admitting past
The United States, in order to rejuvenate peace
hopes and at grave political risks for its leaders,
must change its policy from rejecting Red China
because it is not interested in peace to accepting
her in order to get her interested in peace.
-Jim Dygert
Civitlzing the Heathen
The Australian government plans to civilize the
natives of the newly discovered "Shangri-La" in
southeast New Guinea whether they like it or not.
Now we'll lift the wretched heather from the
squalor of their lives; from their free and rustic
woodlands we'll transplant them into dives, in our
crowded, fetid cities, in the middle of our slums--
and though culture's slow in coming, they will love
it when it comes.
From their quaint barbaric habits we will raise
the heathen high, till they join our modern cul-
ture and the wonders it can buy, 'til they have our
modern weapons made to multiply each crime; and
we'll teach them, when they murder, to kill millions
at a time.
We will broaden their horizons and enlarge their
narrow fate, so that they, like us, encompass states
and peoples in their hate; we will take their local
rancors that we find so cramped and bent, and will
teach them larger furies that take in a continent.
We will put an end to rituals and their customs
in a trice, and will teach them new diversions
marked by well-developed vice; we will wean them
from the pleasures that they hitherto have prized;
thought it makes them most unhappy, they'll damn
well be civilized.
-Washington Post

WASHINGTON. - It's now pos-
sible for senators and diplomats to
get a better appraisal of the
Churchill-Eisenhower talks. More
details of the talks are also leak-
ing out. Here are some of the high-
lights, plus the interpretations of
the diplomats.:
Recognition of Red China-What
teed off Senator Knowland into
threatening to resign as Republican
Senate Leader was a confidential
argument made by British Foreign
Minister Eden tlat it was inevita-
ble Red China would enter the
United Nations , within a year,
therefore it was better for the al-
lies to move for its admission soon
in order to get concessions in re-
turn ... what Eden referred to
was the fact that Red China had
enough votes to get into the U.N.
Assembly next September, and
there was no way the United States
or anyone else could stop it. The
United States could veto member-
ship on the U.N. Security Council;
though not on the General Assem-
bly ... a similar argument was
made by John Foster Dulles's law
partner, Arthur Dean, in a back-
ground talk with newsmen last
winter. Dean, then chief U.S. En-
voy for the Korean Peace talks'
told newsmen there were signs of
friction between Russia and China,
that American recognition of Red
China would help to wean her
away from Moscow . .. earlier,
Vice President Nixon, while in
Formosa, made a speech assuring
Chiang Kai-shek that Red China
would never be recognized.' Later
he got a cable from the State De-
partment advising him not to close
this door, that Red China might
be recognized in return for peace
in Korea ... Nixon later changed
his line, told Prime Minister Nehru
and other middle east leaders that
if China was reasonable she might
be admitted to the U.N. ... all
this made Senator Knowland and
other China-lobby senators hit the
ceiling ... Knowland, who has
campaigned so passionately for
Chiang Kai-shek that he's some-
times called "The Senator from
Formosa," really means it when
he talks about resigning as major-
ity leader if Red China is admitted
to the U.N.
Guatemala and British-Secre-
tary Dulles seemed preoccupied
with Guatemala during part of the
Churchill talks. He kept coming
back to that subject. After various
points on the agenda had been
discussed, Dulles would come back
to Guatemala again . . . Commu-
nism is getting a foothold in
the Western Hemisphere, Dulles
argued. The question is vital to us,
and Great Britain will have to back
us up . .. what stuck in his craw
was the fact that the British had
abstained from voting when the
question of the Guatemalan revolt
came up for discussion at the U.N.
Security Council ... "What did
you want us to do?" was the es-
sence of Eden's reply. "Your am-
bassador Mr. Lodge had reminded
us only 10 days ago that it would
be a shame if the time ever came
when a little nation couldn't pre-
sent its case before the Security
Council. Since we could not very
well vote against letting Guatemala
present its case, we tried to help
you by abstaining."
A-Bomb Talks-One of the most
vital questions discussed was use
of the A-bomb. Churchill made this
one of the most important points
of his entire visit. He said that
Britain must be notified and con-
sulted if the United States intended
to drop the atom or hydrogen
bomb.......Churchill had once

drastic action, but said he could
not consult.
Quirks Of Diplomacy-The Brit-
ish couldn't understand why Ei-
senhower insisted that they see
the movie, "The Student Prince."
They sat through the showing in
the Lower White House, but were
bored stiff. Besides, the air con-
ditioning was turned up so high
that they almost caught pneumo-
nia. They still don't know why
they had to sit through such an
ordeal ......Winston Churchill re-
sented any attempts to help him
because of his age. At the airport
when Canadian Foreign Minister
Lester Pearson started to help him
upstairs, Winnie pushed him aside,
went up the stairs, then turned
round at Pearson and made a
face .... Anthony Eden and John
Foster Dulles were sore as blazes
at each other over Eden's critical
speech in the House of Commons,
but patched up their differences.
They were soon calling each other
"Anthony" and "Foster.";.
Ike failed to use FDR's tactic for
getting some sleep during the
Churchill visit. As a result the
Prime Minister kept him up every
night until 2 A.M. Roosevelt got
around these later sessions by
scheduling early - morning ses-
sions. Ordinarily the Prime Min-
ister sleeps most of the day, works
most of the night. But FDR kept
him awake all day, so he had to
go to bed at night.
Irked Australia-Australia's for-
eign Minister Casey left town boil-
ing mad at Churchill and Eden.
Casey felt the British were giving
him the deep - freeze treatment
because he was siding with the
U.S.A. on Indochina. They sus-
pected him of plotting with Dulles
to force Britain to stop stalling
about Indochina .... Casey got
to see Churchill only once-at a
White House dinner to which he
was invited. by President Eisen-
hower .... Later, Canadian For-
eign Minister Pearson, in a move
to keep Casey from exploding,
gave a dinner in his honor at the
Canadian Embassy .... but Ca-
sey wasn't fooled, and he has now
decided to put Australia in a South-
east Asia alliance whether Britain
comes in or not.
No American Troops - Eisen-
hower informed Winnie that the
United States will go along with
an Indochina partition plan even
though it gives Hanoi, the Red
River Delta, and two - thirds of
Vietnam to the Communists ...
Eisenhower told Churchill he does
not like the truce plan the French
are negotiating with the Commu-
nists, but the only way to stop it
would be suicide because it would
bog down the United States in an
endless Asiatic war, leaving Eu-
rope wide open to attack .....
Churchill was somewhat startled
by Eisenhower's views because he
thought the President, acting on
advice from Admiral Radford,
would demand that Britain join in
some kind of Indochina interven-
tion. Churchill has now informed
his cabinet that the United States
had done a complete about - face
and is less interested in fighting
in Indochina than is Britain - if
that is possible.
WASHINGTON - Here is the
inside story behind Chinese For-
eign Minister Chou En-lai's se-
cret talks with Indian Prime
Minister Nehru and Burmese
Prime Minister.
Technically Chou En-lai was
invited to both countries. But ac-
tually the Chinese Communists
slipped around in advance, hinted
that Chou would like to pay a

Frivolous . . .
To the Editor:
WAS SHOCKED to pick up
this morning's paper and find
the sub headline reading: "Fire-
works Kill Only Two." That is
editorializing of the worst sort.r
Since when are two dead people,
only? .
Furthermore, since when has its
become the policy of the Daily to
dismiss the dead in a manner so
totally unbefitting the gravity ofr
the occasion? I refer to the taste-
less item about former lecturerl
Inez Pilk. Her replacement cer-
tainly could have been announcedf
after a more decent interval.
I realize that you are students1
who put out The Daily and youre
attitudes are naturally frivolous.
But please bear in mind that your
older readers are more sensitive1
to life's deeper problems and trav-
-(Mrs.) Laura K. Greiner
So There . .
To the Editor:
DON'T THINK it at all right
for Mayer Lodes to criticize The
Daily for criticizing Kit Clardy.
I refer to his letter of July 3.
It seems very likely that The
Daily is not a perfect college news-
paper. But it is not the place of a
student of the University of Mich-
igan to say so.
What Mayer Lodes has forgotten
is that the taxpayers of Michigan
support this University, and that
The Daily can be said to speak
for the University, and therefore
Mayer Lodes is criticizing the peo-
ple of Michigan, when he criticizesi
The Daily.
Such criticism, of course, is high-
ly improper.-
If The Daily is good enough forC
the people who run it, it should be
good enough for us who read it.
After all, Mr. Lodes, if we're
going to take our Fascism serious-
ly, we should apply it to ourselves,
as well as to others.
-Arnold Knepfer
The U.S.
And the U.N.
Associated Press News Analyst
People frequently think of the
United Nations as something en-
gineered by the United States
which would fall apart if she with-
drew her support.
That might be true. Certainly the
United Nations would lose its pres-
ent character without the presence
of the United States. But there are
long range ramifications of any
suggestion that she pull out which
deserve careful scrutiny.
As a threat, and as an expres-
sion of deep-seated American de-
termination not to sit with Red
China in the U.N. before she has
expiated her role of aggressor, Sen.
Knowland's campaign carries some
weight. It is a warning to the other
nations not to impose something on
the United States which would be
very disruptive.
There is a question, however,
whether such threats, like the one
to substitute Western Germany for
France as an ally unless France
goes ahead with the European De-
fense Community, are not even
more disruptive. The United States
is in a position to impose, far more
than to be imposed upon.
The Russians would like few

things better than to see the United
States out of the UN.
If Red China were admitted to
the U.N. and the United States'
pulled out, Russia would be riding
high. She could practically take
over. She could dominate the tech-
nical assistance and other pro-
grams which she now stays out of
because she considers them agen-;
cies of American policy.
Of course, there seems to be
little danger that Knowland's fear
will come true. There is nothing
in the U.N. situation to indicate,
that Red pressure can succeed at
this time, even though Britain
leans heavily toward Peiping's'
membership. As long as the United'
States holds out with determina-
tion-and there is no indication
from the State Department that it
will not-the other members will
not ride over her.
One thing the United States needs
to do, however, is to state the
terms Red China must meet to
make her eligible for membership.
Washington wants Italy admitted,
and soon will be faced with the
necessity of supporting Western
Germany. The U.N. can never hope
to function indefinitely as a dis-
criminatory club.
Lacking the peace which the UN
was originally designed to en-
force, its chief job is to thresh
over the things which keep the
world divided. To do that properly,
it will eventually have to have all

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official publication of the University
of Michigan for which the Michigan
Daily assumes no editorial responsi-
bility. Publication in it is construc-
tive notice to ali members of the
University. Notices should be sent in
TYPEWRITTEN form to Room 3510
Administration Building before 3 p.m.
the day preceding publication.
VOL. LXIV, No. 12S
Approved Student Organizations --
Summer, 1954.
The following organizations have reg-
istered as active for the summer session
and are entitled to the privileges ac-1
corded recognized student organiza-
Chinese student Club
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Ushers are urgently needed for Anna
Russell concert at Hill Auditorium on
Monday, July 19. If you are interested
in ushering for this concert, please re-
port to Mr. Warner at Hill Auditorium
between 5 and 6 p.m. Thursday and Fri-7
day, July 8 and 9.
August Teacher's Certificate Candi-
dates: The Teacher's Oath will be ad-
ministered to all August candidates for,
the teacher's ceritficate during the,
week of July 6, in Room 1437 U.E.S. Thej
office is open from 8 to 12 and 1:30 to
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Students, who received marks of I,
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Monday through Friday from 8-12 for
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National Casualty Co., Detroit, Mich.,
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Indiana, is interested in hiring recent
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Inter-Collegiate Press, Kansas City,
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Admitted free of charge. Beginners at
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Academic Notices
Make-up Examination in History will
be given Saturday, July 10, 9 to 12 a.m.
,in Room 429 Mason Hall. See your in-
structor for permission and then sign
list in History Office.
Linguistic Institute Luncheon: "The
Phonology of English Loan Words to
Spanish." Lawrence B. Kiddle, Associate
Professor of Spanish. 12:10 p.m., Michi-
gan League.
Speech Assembly, auspices of the Ie-
partment of Speech. "Trends in Gradu-
ate Research in Speech." Clyde W. Dow,
Professor of Communication Skills, Mi-
chigan State College. 3:00 p.m., Rack-
ham Amphitheater.
Near Eastern Lecture Series, auspices
of the Department of Near Eastern Stu-
dies. "The Background of Civilization in
the Near East: The Terminal Food-Ga-
thering Stage." Robert J. Braidwood,
Professor, The Oriental Institute, Uni-
versity of Chicago. 4:00 p.m., Auditorium
B, Angell Hall.
Woman in the World of Man Lecture
Series. "Emotional Growth and the
Family," Dr. Joseph M. Lubart, Colum-
bia University Psychoanalytic Clinic.
4:15 p.m., Auditorium A, Angel Hall.
Panel discussion. "Patterns of Today's
Family Dynamics." Robert C. Angell,
Professor of Sociology, moderator; Mor-
ris Janowitz, Associate Professor of So-
ciology; Alice K. Leopold, Director, Wo-
men's Bureau, United States Depart-
ment of Labor; Dr. Ralph D. Rabino-
vitch, Chief, Children's Service, Neuro-
psychiatric Institute; Dr. Joseph M.
Lubart, Columbia University Psycho-
analytic Clinic. 7:45 p.m., Auditorium
A, Angeli Hall.
Student Recital: Lois Gauger, piano
student with Helen Titus, will appear
in a recital at 8:30 wednesday evening,
July 7, in the Rackham Assembly Hall.
Her program will include Mozart's So-
(Continued on Page 4)
Sixty-Fourth Year
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At Rackham Auditorium,., .
STANLEY QUARTET. Gilbert Ross and Emil Raab, violins; Rob-
ert Courte, viola; Oliver Edel, cello.
PROGRAM: Beethoven, Quartet in D major, Op. 18, No. 3; Ray-
mond Chevreuille, Quartet No. 5 (first Ann Arbor performance);
Beethoven, Quartet in C-sharp minor, Op. 131.
THIS CONCERT was an interestingly planned one. It gave us an
opportunity to hear two wonderful works from the extremes
(chronologically speaking) of Beethoven's series 'of string quartets,
as well as a composition by a talented European contemporary whose
music has been heard little in this country. The Stanley group was
in good form, and played the music with its customary earnestness
and interpretative skill. There were also the occasional slips of in-
tonation which one encounters in most Stanley concerts-but they
were not disastrous and served to remind us that flawless perform-
ances exist only in the imagination.
The delightful Beethoven D major tactually the first quartet
he composed, though it is listed as No. 3) was given a carefully molded
execution, realized with vigor and spontaneity. The performers ob-
viously had definite ideas about which passages to "dig into" and
which ones to toss off casually. The whole performance was meticu-
lously voiced, with subtle dynamic shading allowing the principal
line or lines to stand out in proper focus. The final movement, was
taken at whirlwind speed with no loss of clarity or rhythmic defi-
It was a very real service for the Stanley Quartet to play
the work by Raymond Chevreuille. Although the pioneers of 20th
century music, and those who have the most American perform-
ances of their works, are Europeans, one has little opportunity
to hear the music of the more recent generations of European com-
posers-of which Chevreuille is a member. This quartet, written
in 1943, has much to recommend it: a complex polyphonio tex-
ture which always maintains clarity and never seems unduly con-
gested, subtly shifting harmonic colors 'which do not stray too far
from a basic tonality, idiomatic and effective string writing
though it seemed that the composer slighted the expressive pos-
sibilities of the cello), and many passages of real emotional power.
What I missed, on this first hearing, was a sense of musical ur-
gency in the work as a whole. Though I found no boring passages
in it, the pacing seemed somewhat too leisurely, the construction
too loose-jointed.
The great C-sharp minor quartet of Beethoven which concluded
the program, was played with the same devotion which character-
ized the remainder of the program. There were moments when the
balance of tone left something to be desired (particularly in the
violin duets where the contrast between tone qualities was too ap-
parent), but the performance was a very satisfying one, which we
may look forward to hearing repeated during the Beethoven cycle
scheduled for this fall by the Stanley Quartet.
-Dave Tice







Bottome, Phyllis-The Secret Stair. New York,
Harcourt, Brace and Company, 1954.

Farrar, Straus and Young, 1954.
Horan, James D.-Confederate Agent. New York,


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