Newspapers / The daily Tar Heel. / April 8, 1952, edition 1 / Page 2
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PAGE TWO THE DAILY TAR HEEI, TUESDAY, APRIL 8, 1952 ote nnen The campus will vote tomorrow on a proposed amendment to the judicial section of the Student 'Constitution, but few will know what they are doing. The amendment is of major signingance to us, but it has gone unnoticed. The reason is that the amendment has met almost unanimous approval. Far from being a campaign issue, both presidential candidates and both political parties have recognized that the passage of the amendment will bring about a major improvement in the .judiciary of student government. - - The amendment, which was once approved in last quar ter's invalidated special election, more clearly defines the jurisdictions, functions and procedures of thevcampus courts an accomplishment long overdue. Under the proposed re form, the Student Council continues to exercise original jurisdiction in all cases involving the constitutionality of legislative or executive action. Secondary jurisdiction will also continue to be exercised over all cases decided by the Men's Council, Women's Council, Law School Court, Medical School Court, Dental School . Court, if established, Interdor mitory Council Court, Interf raternity Council Court and Dance Committee." However, no longer will there be two trials of the same case by two different councils as is the instance under our present mis-named "appeal" system. ' Thus, a true appeal procedure will be established. Under it a student who has been tried before one of the campus councils may have his hearing reviewed by the Student Council if he believes that the lower council failed to observe all or any of his constitutional rights. If, upon review, the Student Council finds that constitutional provisions have not been followed," the case would be remanded to the original council for a re-trial to be conducted according to the pro visions of the Student Constitution. At this point an element new to the student judiciary is added by the proposed amendment. If the re-trial by the lower council is conducted again in violation of constitutional guarantees, the Student Council may once more remand the case, or it may dismiss the. charges against the accused. In other words, there is assurance beyond any reasonable doubt that the rights guaranteed to the student in our Constitution will remain supreme and uncompromised. A hearing other than one conducted according to the Student Constitution will not be permitted in- our student government. It is essential when giving responsibility to an individual or group that a commensurate degree of authority be assigned. If the authority is missing, then the responsibility cannot be met and fulfilled. The latter is the case in our campus coun cils. It cannot be expected "that the lower councils will con sistently put forth the effort and judgment required to reach a just decision when J iring the "second trial" by the Student Council their decision receives only passing consideration. No one is to blame for this situation. It is due" to the vagueness of our constitution andthe resulting "creeping away" from the original intent of the constitution and from a workable system. " " " The current grounds for appeal to the Student Council vre the best examples of our evolution into a multiple trial system which has plagued the student courts for years. In considering an appeal oh the ground that, "the evidence heard by the lower, court was insufficient to convict," an incorrigible situation arises. The Student Council cannot call back into being per se the oftentimes many: hours of testi m ony by several witnesses. These witnesses must be ques tioned again as must the accused because the entire body of testimony that was presented to the lower council must be re-heard the second trial is in progress. The final decision by the Student Council does not; become, "could the lower court have convicted - the, accused on the basis of this evi dence?", becauc3 there is no standard upon which to base this decision. - i , There is no minimum amount of evidence than can be s t in time or word length as necessary for conviction. The Student Council - must first determine guilt or innocence for itself and apply that decision, saying in effect, that since we cannot find the accused guilty there was not enough evidence for the lower council to .reach that decision; or, we find the accused guilty, therefore the lower council could have done so. It is essential that student government speak clearly and definitely in these judicial matters the Honor and Campus Codes are serious considerations. The present judicial voice is often muddled. . ' ' ', : - ; It cannot be claimed that the Student Council is the voice of justice while the lower council is no t- or seldom is. Stu dent Council: members are not selected because of superior qualification over lower council members, in fact they are for the most part less experienced than lower council mem bers because they handle fewer cases. They have nothing more to work "with than; an. honest and sincere effort and the use of good judgementl These are the identical tools of the members of the lower, councils. The proposed amendment would add a graduate student to the membership of the S'. -1 Council. Student govern ment has recognized; j that sp problems and situations exist in the" several graduate V ools, but we have failed to carry this recognition to the Z tuCent -Council. This is a serious mistake when we consider the fact that the Student Council may review cases tried by the graduate school courts. The absence of a graduate member has deprived the Stu dent Council of representation from v the most mature seg ment of the student body. Without, a graduate student the Council is not constituted to appreciate the special situations dcu ci.ist at the graduate lcv?;hr?d is' rendered less com- : iZce VOTZ TO AlJE'fJD, To.'je 0) by Dili C. Drown Tar On -My Heels . 'by.'Joe Ra Nothing ventured, nothirg gained. Ever heard that? Ever stop ped to figure out what it means? Many a sermon has been preached and many a per- son has heard them and many a person has died 'leaving a world in which he knew not victory nor defeat. He lived in what Theodore Roosevelt called the "gray twilight that knows not victory nor defeat." And so Bill "C Boy Column ist goes to presff fighting the endless battle against those who lack courage; the dwellers of the gray twilight. It is nice to dare mighty things and to win great tri umphs; I like Ike. But everyone cannot know great triumphs; there. must be the ; failures in life. There must be the failures in college. According to those instructors who grade on the curve, there must be a certain percentage achieving great . tri umphs and a certain percentage exemplifying failure. . But, nothing ventured, noth ing gained. In every election there must be a .winner; there must be a loser. But both have dared both have had the cour age to try. Either. Ham Horton or Ken Barton will be our next President of the Student Body. The other will be a forgotten candidate inside of two months. But both had to dare. Both had to have the courage some call it "gall" to enter the presiden tial race. And don't discredit their courage. It takes plenty of t to submit your name to the mud that will be slung on it in a political race for the Presi dency. . . At least the loser in the: battle has had the experience of a' campaign though. He has had the experience of defeat. That is far better than the person who neither enjoys nor suffers. Ex isting is a sad state indeed. ' , There are a numt sr of organ-, izations on campus which are crying out for people. But it takes "guts" to walk into that first meeting. A prettier word is "courage". But more than that keeps students away from the extra curriculas. It is the fear of a bittter defeat. No one wants de feat. That keeps a large number from entering a political race. I don't want to lose the position I seek; neither does Ham Hor-, ton nor Ken Barton.. But for every winner there must be a loser. A loss is better than just having existed. " ' But you don't have to run for a political office to taste defeat. Students experience- defeat every day in not being appoint ed Social Chairman of j the YMC A or in not having been included on the Ministers' din ner f invitation list.. Defeat in a real way but life in. a real way - tOO. ' - : s . " -Far better it is to dare mighty things, to win glorious, triumphs, even though checker ed by failure, than to take rank with those poor spirits who neither -enjoy much nor suffer much, because they live in, the gray twilight that knows not victory nor defeat. . Theodore Roosevelt. An inspection of what has been done within the govern mental agencies on the Caro lina campus reveals its share of propoganda and boasting by proud party-liners. Not all this boasting is without consequence however, and the? propaganda extended to the Carolina stu dent body is not always poli tical in nature, but is sometimes recognition for jobs well done. Not all propaganda is untrue as some have grown to think, but much of it may have great import in deciding the outcome of the Spring elections. Along these lines the Stu dent Party is taking a well de served pat on its own back and, at the same time, endeavoring to inform the student body of its accomplishments hroughout the last administration of SP President Henry Bowers. A backward glance shows in stances where the Student Party has not fared too well in stu dent opinion. One such case is that concerning the J udicial Reform. This is a matter of con , troyersy. that will only be set tled when the tabulations are in after the elections. The as pects of this action took form in the organization of a judicial study group resulting in a re vision of the appeal system and the establishment of a separate court for the dental school. A "point conceded as valid by many SP critics was, the added em phasis on Carolina's honor sys tem during the orientation ses sions. What favorable results this has brought are not out wardly visible, but the SP has made an effort to support this valuable concept. More heated debates were on the Legislature floor when the SP suggested a reduction in the size of the legislature, thereby cutting out alot of "dead wood," forming smaller and more uni fied committees and increasing the efficiency, of the organiza tion as a whole. This resulted in a successful proposal for re districting the voting areas mak- ing the distribution more equal and improving representation. Student Party executive re form was illustrated by the es tablishment of an execu'tive secretary office and a more ac cessible location for the stu dent government office. ' The Student Pary, taking no- tice of more needs than govern mental, -took action to answer the need for more dormitory 7- conveniences. The answer sounded to the tune of addi tional social rooms in dorms and a vast increase ih social acti vities between dorms. . ; The orientation program need ed a shot in the arm; so the SP made improvements in the pre school program and instituted the more favorable class-room intimacy to replace confusing and un-instructive freshman as semblies. A particular brand of smile crosses a SP man's face when NSA is brought into a conver sation, for the Student Party takes great pride in its support of this national organization. In the regional as well as in the local areas SP has done much for furthering the cause of NSA, Another pet of SP was the complete revision of the struo ture of the Consolidated Uni - versity Student Council which led to an increase in cooperation among the three student bodies as well as better 'communica tions with the Consbli dated Uni versity Administration. A faculty-student ;curriculm committee was formed which re commended to the administra tion that higher restriction be placed on enrollment and a system involving examinations be instituted. The group also looked into the possibilities of affiliating the University of North Carolina with a foreign university along the educational vernacular. The Student Party expressed itself loud and strong for stu dent's rights and academic free "dom. It continued advocacy of equal rights for all students. This sounds about as commital as opposing sin, but the nation is still shocked by examples where there is antipathy to ex tending equal rights to students and granting academic freedom. The Student Party also takes bows for playing a major role in the abolition of ' the Co-ed Senate, and, while on the sub ject of coeds, accepts recogni tion for having , established better seating arrangements for those students dating rion-Caro-lina students. . ' The past year 61." Student Party activity has proved itself unusually prolific for the stu dent body as a wholes With this in mind it is only natural to foresee another 'ueh profit able year ahead if the Student Party is put in; office - 'Horfon Says Mud Thrown (Continued From Page 1) President Bowers has not re presented student opinion." "I am confident," Horton said, "that Carolina students will not be misled by the techniques of the opposition into forgetting these facts. These things the issues) no . one can deny. What cannot be denied they have tried to cloud." f "When a group fails three years in succession, does it imake sense to let the same group .try the fourth time," Horton ar:ed. He invited all : students to in spect the UP platform and "to give us an opportunity to carry it out." 'We are certain we can do a better job," Horton said. "We could hardly do a worse one. Give us a try.' . . -: V : , - The off iciaf student newspaper of the Publications of the University of North Carolina at Chapel Hill -where it Is published daily at the Colonial Press, Inc.. except Monday, examination and vacation periods and during the offi cial summer terms. Entered as second class matter . at the Post Office of Chapel Hill, N. C, under the act of March 3, 1879. Subscription rates: mailed $4.00 per year, $1.50 per quarter; delivered 6.00 per year and $2.25 per quarter. Glenn Harden David Buckner Rolfe HdlU. Editor-in-chief ana gin g Editor .iLNews Editor Sports Editor Society Editor Bill Peacock .Mary Nell Boddie Jody Levey Beverly Baylor Sue Burress Ed Starnes Assoc. Sports Editor Nancy Burgess .. Assoc. Society Editor Ruffin Woody Photographer O. T, Watkins . Business Manager Feature Editor Associate Editor Associate Editor News .Staff Grady Elmore, Wood Smethurst, Punchy Grimes, Bob Colbert. Angelos Bussos, : Wanda Lou Philpott, Bill Scraborough,. Octavia Beards Betty Jean Schoeppe, Jerry Reese, Betty Ann Kirfoy,' Barty Dunlop, Tom McDonald, Jim ogiesDy. ..MrtL.....
April 8, 1952, edition 1
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