PACE TWO
THE DAILY TAR HEEL
SUNDAY, SEPTEMBER, 21, 1958
Algeria
Tin iiimi- sit up in Caito for Algeria is
ihr lusiiininn (l wli.it will he a scries ol stcjs
lo make- .1 I 'iiiuu! Aral) Republic w !i ic I
Ntictihes liiim Algeria to Afghanistan. This
may be a heart t ending delcat lor American
I "orei.ni oIi. but it is surely a1 victory for
the Arabs who Ion.; have suffered from the
loioniali.stii domination of Kmopcan low
ers. NlioiiH the new regime will be reconied
b Red China and Russia, and it will aaiti
pu-fipitate a worald war in older to wrest
the mutiny away fiom the new; regime. A
plebcM ite w ill be demanded this time from
the Russians and the result will show that
the AUeiiaiis wain independence where a
dominion status lould hae been established
MAcrd Vv'ais an.
Then, the I'liiled States if it pursues it
fnesent policy of powci jnilitics will be aain
luithei isolated..
It is 1 1 i 4 1 1 time that the I'liiled States woke
up to the Jiv.lities ol the situation and realiz
ed that Aral) nationalism is the most oerid-in-j
four in the Middle 1 ast. Then the U.S.
lould wa;e an economic olfeitshe lor the
Middle 1 at which would undercut the Rus
sians cllott in the atea. '
They could do this by simply icconiii
and tuiouiay,in'4 the spitit that is predomin
ant. They must tecouie that not only the
I'liiled States, but more important the co
ple ol the aie.. hae a stake in the economic
lutuie oi the Middle l ast.
They must arer ujon aid vwthout sf titles
attatched. and then maybe, onlv maybe, the
I'nilcd States m. y win back the supjort of
what is called the "uncommitted" peoples.
The I'nilcd States would be true to the
piiiuiplcs upon which it was founded, and
would lollow the only couise left open at the
picstnt time shoit of destruction.
The only uulot lunate thing to come out
ol the new exile government of Algeria is
that the constitutional reforms of (cneial
Charles DrCaiille will probably not be pass
ed, for he will have fallen in disfavor.
This pi ice is a high one to pay, but it is
better than a losing war or peace with div
houoi .
Labor
A part of the future of a free labor movement
mu in vart on what the Teamsters Union does
about one James Hoffa.
Back in the late 19th century it was recognized
that mme ijictho of worker organization was neces
sary for the workers to free themselves from low
wag?.- intolerable. conditions, and paternalistic man
agement policies.
Since then unions have grown, and the economic
interests of many have received an outlet. Many
no n laborer have led the movement in order to see
that American democracy is truly a democracy and
not just a spokesman for the vested interests. The
guarantee of cnial opportunity seems to be inti
mately bound up in the democratic' labor union
movement.
However, other non laborers have joined the
movement. They have joined because they saw that
they might either control the country through the
labor force or that they could make a huge financial
profit from unionism.
Such a m.'in is James lloffa. Nobody can truth
fully say of James lloffa that he does not deliver
his workers the best contracts, nor can they deny
that operating conditions have been improved since
lloffa took charge, after an equally corrupt reign
of Dave Ik-ck. However, it is not the fact of delivery
of contracts and working conditions that counts, it
is the how he does this that counts.
The end may indeed be noble, but corrupt mean.
never did justify a good end. Moreover, the end
cannot be called exactly noble either, for lloffa
profits by the kick backi, Hoffa profits by th dues,
and lloffa gives very little.
A person like lloffa is operating on a philosophy
thit if you give the people enough food, comfort,
and occasional luxury, the people are satisfied and
are not worried about having a say in larger more .
far reaching affairs that may at the present time
Slfcct them only Indirectly, but in the future affect
them directly. In short, he is saying that these peo
ple do not want a voice that they want James
Hoffa to serve as their mouthpiece. He is saying
that people are no damn good, and that is reflected
in the type of leadership the union has.
A contrast between the Teamsters Union and
the United, Auto Workers is like the contrast be
tween night and day, This summer on the University
campus, the UAW sponsered an educational camp,
in which members of the4 union discussed not only
riht to work, laws, but the conflict in the Middle
Fait, the Krnnedy-Ive Bill, and the United Nations.
Corruption has not been an issue with this union.
A good labor movement is necessary. It must
respect each members individuality, and must let
each member have a say in the ultimate policy. It
must strive, to educate an well as strive for the eco
nomic betterment of its members. It must be de
signed so that end product will be an American
democracy in which all the people are represented
all of the time, rather than some of the people all
of the time.
A democratic labor movement is a step in that
direction. A movement such as that of James Hoffa's
Teamsters takes a step in the opposite direction.
The labor movement is resting on a tenuous founda
tions as long as men like James Hoffa have the ul
timate say in policy matters, for it wil not be too
long to the day when the public will be sick of
hearing about corruption in labor and institute
right to-work laws in every state. This would be a
calamity to democracy, but labor muit be the first
to take a step.
A strong, representative, democracy where
equality of opportunity is the rule rather than the
exception hanjs in the balance.
II he
rusielnons
Of
Charles S. Rhyne
(The following is the first part
of former American Bar Asso
ciation President Charles S. Rhy
ne's talk, part of the Law
School's" Heck Lecture Series.
The remainder of the speech will
be reprinted in subsequent is
sues of Tb- Daily Tar Heel.)
You who today begin your career
in the study of the law will un
doubtedly Mudy the history' of law
and the legal profession. You will
learn that the legal profession
grew up as a substitute for armed
knights and soldiers. The knights
and soldiers were hired to settle
disputes by force. As civilization
developed, mea came to recognize
the inequity of decision' by force
Lawyers were hired to settle dis
putes by substituting reason and
justice for violence as the criteria
for determining the rights of man.
This reason proceeded from and
was based upon basic principles
known as the rule of law. The be
ginnings of the rule of law are
largely unknown but its principles
have remained the same through
out the recorded history of man.
t
Tonight I wanted to review for
jou the functions of lawyers in
the world of todry. I would classify
the lawyer's functions as follows:
(1) Counseling and advising; (I)
advocacy in tire courts and before
other forums; (3 public service;
4 improving the legal profession;
t5 improving the administration
of justice; 6 Improving law; and ,
7 leadership on public issues of
the day.
COUNSELING AND ADVISING
Most lawyers spend1 their tirne
principally as counselors advising
men and Women on present or fu
ture problems or courses' of ac
tion. As our society . has grown
more complex almost every per
son has need of a lawyer at one
time or another. Every person is
affected by the existing maze of
Federal, state and local statuies
and regulations. The lawyer is
called upon for advice more of
ten than tiie members of any olher
profession and the advice often
covers personal and business mat
ters which extend far beyond
strictly legale problems. He must .
therefore have a deep understand
ing of human nature and of mod
em society. The able lawyer must
have a comprehensiveness of view,
a composite of information ir
many fields of learning. Counsel
ing and advising require not only
a thorough knowledge of t!ie gen
eral principles of law but a con
stant and continuing knowledge of
the Tnany changes in statutes,
regulations and orders, and court
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interpretations thereof. In plan
ning for the future the lawyer
must be able to forecast govern
mental action as well as changes
in law.
While more and more people '
have learned that it is better to
plan for the future rather than
meet problems on a crisis basis,
still most of the people who come
into a lawyer's 'office are already
in some real or imaginary trou
ble and have not come to see the
lawyer until thai trouble arose.
The annual legal cheek-up spon
sored by the Michigan ' State Kar
Association and other bar asso
ciations is a new development in
the area, of prevention of legal dif
ficulties. The chief reason people
do not go to law offices in greater
numbers is lack of knowledge as
to legal fees. The Michigan check
up plan gets over this roadblock
by advertising in all media a 30
minute conference on any legal
problem for a fee of $10.00. ir more '
legal work is required the usual
rr.tes apply. Those rates vary
widely but an hourly charge has
become the usual standard.
Even the greatest and busiest
trial lawyers spend much of their
time counseling and advising.
Equipping yourself to perform this
function well is essential to suc
cess in the law.
THE ART OF ADVOCACY
The most common picture of a
lawyer in the public mind is that
of advocacy. Lawyers , are trained
in the art of prosecuting and de
fending the legal ?rights of man.
They are trained analysts of
words, motives," and character.
This art of advocacy is brought to
bear in disputes of man v. man or
man v. government in law offices
and in court, in hearings before
government in law offices and in
court, in hearings before govern-,
mcnt agencies or in hearings and
discussions before other forums or
bodies. Lawyers are recognized ex
perts in collecting facts and in
presenting them in adversary pro-
They Made i he News
Davis B.. Young
-
Swinging through the 26 letters of ye old alpha
bet. it becomes apparent that over 2100 persons
figured in the news this week cn the UNC campus
These were the new students, coming from Char
lotte, New York, Honolulu and all points east and
west, who officially became members of the Caro
lina Family this week.
V v Starting a week ago
5 Thursday, en masse, this
large group toured, list
: - ened and dated their
v way through six days of
' -" i a ;great Ojientation pro
' gram. Lead by Herman
- ' GcJwin and Katie Ste--)
i waif, two of the best,
' j a fine and profitable
, ' time was had by one and
..
' i
f
1
.;.
all.
The highlight of this
HbKMAN oouwin yeaf.s Orientation Week
was the Sunday night address to new students by
UNC's progressive Student Body Prexy, Don Furta
do.'Skipping the usual nostalgic "welcome to Caro
lina' routine, Furtado turned his attentions to the
lack of direction currently being shown by Ameri
can college students and made a tremendously mov
ing plea for leadership. Other outstanding speeches
during the week' were delivered by Dr. G. V. Taylor,
Dean Fred Weayer, Women's Honor Council Chair
man Nancy Adams and Hugh Patterson, chairman of
the Men's Honor Council.
Special mention and commendation should also
go out to Jim Jordan and the entire staff of the YM
YWCA for an outstanding Freshmen Camp.
Elsewhere on the Chapel Hill scene, Carolina's
colorful football mentor, Sunny Jim Tatum was re
ported to be feeling better this week.' Tatum has
been the unfortunate victim of a painful and con
sistent throat ailment which has caused much specu
lation jn local circles.
Still hoarse and obviously not up to par, Tatum
was apparently in good spirits after a series of tests
at the hospital.
Looking to his team, supposedly one of the best
in the nation according to pigskin speculators, we '
See a veteran and talented eleven led by Captain
Phil Blazer, veterans Fred Swearingen, Jack Cum
mings, Don Kemper, Mac Turlington and Emil De
Cantis. Up from last year: and seeing their first
- action are such highly rated newcomers , as Russ
Hollers, Sonny Folckomer and Rip Hawkins,
On the national front, colorful, : reactionary and
r
i
do or die segregationists Orval Faubus and J Lind
say Almond this week closed schools in Arkansas
and Virginia ia a last ditch effort to avoid mixing
Negro and White students.
Backed by home state voters shouting "no nig
gers in our schools," these two continued their dis
graceful demonstration as their long fight with the
NAACP. raged on.
With this great problem confronting not only
the South, but also the entire nation,' it became
obvious that President Eisenhower was more in
terested in his golf game than a peaceful solution
to racial turmoil. It is sincerely hoped in this corn
er that Ike Will at least be able to break 80 in the
next few weeks, before the cold weather forces him
off of the course. This will probably be the most
significant achievement of his "administration?".
In the Far East, trouble continued to brew as
Communist China
kept up a steady
battery of shells
on Taiwan and
QuemoyA Chhing
Kai-Shek, head of
the tottering Na
tionalist govern
ment and now on
Formosa pen ist
ed again and
again that he was
still the chief of
state for the en
tire country of
China.
The U. S., un
der pressure
from Chiang con
tinued this week
to pour in aid in
cecdings.
The most intensive work which'
you will do as a lawyer is trial
work. It is also the hardest and
most difficult work of the lawyer.
Proficiency in the art of advocacy
is something that is acquired
hrough years of great effort and
experience. Few indeed are the
lawyers who really master, tlys
.most difficult function of our pro
fession. The ability to knife
through mountains of facts and
present a client's position in a
clear and logical, yet concise,
manner is the hallmark of the
great lawyer.
Lawyers no longer have the two
or three days, or week or more,
for the argument of a case 'as
.they did in the days of Webster or
Choate. So in advocacy we law
yers of our day labor under dif
ferent rules and under much great
er pressure. We also face the com
plications of our more developed
economic and social machinery
and the problems thereby created.
The ability to select and go quick
ly to the heart of decisive issues
marks the great advocate in our
appellate courts today. Records
are long and voluminous, so the
selection of material and prepara
tion for arguxient is an essential
and back-breaking chore which the
advocate must perform.
Our complex society has resulted
in the administrative regulatory
agency a new forum which com
mands a new type of advocacy.
Many involved cases go on there
for months and years. Here a
different type of trial w-ork is re-
Quemoy & Mqtsu
The United States is presently in a bind
in the Far East where any step it may take
is a disaster. What is more the ugly spectre
of a World War where nuclear weapons may
be used hangs over the heads of the world.
The mistake is not in present action, for
any present action or inaction is wrong. The.
mistake lies in history. It lies in a- policy of
non-recognition for a government which is
definitely de facto and is most certainly de
jure, unless the United States no longer re
cognizes the right of revolution upon which
this nation was founded. It lies in putting
' the weight of the United States behind a per
son as ambitious and untrustworthy as
Chiang Kai-Shek. It lies in unleashing
thiang in 1953 to put a hefty percentage of
his military force in'o the islands so near to
the mainland as to be dangerous to the se
curity interests of the Chinese Communists.
What is worse, Quemoy and Matsu have
never been aisked whom they would like to
ally theiniselves with. They have been njs
forceably controlled by Chiang as Hungary
was bv Russia. The U. S. is in a fairly ironic
predicament at the present time, for it is
helping the Chinese protect Quemoy and
Matsu from the Chinese.
The predicament the United States is in at
the present time is serious, for as long as
the United States maintains its present policy
of backing Chiang in maintaining National
ist control of the two islands, war is immi
ment. From the recent exchange of notes be
tween Moscow and Washington and the re
cent exchange of fire between the mainland
and the islands, the war . is more than possi
ble, it is probable. The only victory the
I United States could gain at that time is a
1 holding action in which American lives
would be lost, but world war averted. With
1 the recently announced policy of letting
" ' ' - :- J American livers follow attacking Chinese
Photo By Charlie Sloan planes back 'into the mainland, even world
quired but it is in many ways just war will probably not be avoided,
as demanding as trial work in The other alternative is to back down from
court. Again, the ability to con- the announced policy of defending the is-
dense and evaluate great masses lands, and to tell Chiang publically that the
U. S. will let the mainland Chinese take over
Quemoy and Matsu. This would lead to great
loss of face on the eyes of the allies who look
to the IT. S.. with trust and expect the U. S.
to back up its promises with constructive and
concrete action.
The United States is in a position which it
cannot easily 2et out 01 short ot war. 'At
set
least one avenue, however, suggests itself.
ot material is the hallmark of the
great lawyer.
Nearly every young lawyer en
visions himself as another Clar
ence Darrow. But the trouble is
that with the changing character
of our society the great lawyers
of our day are no longer giants of
the courtroom but legal advisors
to large business, large labor or
large . government. There is still This avenue is the immediate recognition of
need for the trial lawyer but he Red China and dealing with them through
no longer dominates the legal pro- regular diplomatic channels which would in
fession. I say this most regret- aj probability avert war. Secondly, the
fully, as one 'who has' done much United States could suggest a cea'se fire, a
trial work, but it is nonetheless furtiier agreement should be made that
an accurate report. Chian's forces leave the islands, and finally
PUBLIC SERVICE ' that a piebescite be held on the islands
Law and participation in public , . . 1 . ,. . . . , ,
rr; u a u r to determine their disposition as to whether
affairs go hand in hand. No group . . , , r n j 1
r , thev wish to be autonomous, controlled bv
or profession devotes more time 1 c 5 " '
to public service than lawyers. The Chiang or by Mao Tse-Tung. . . -
head of nearly every community, With regard to Chiang, the United State
state or national activity is a law- should make it clear to the Nationalist Jead-
yer. Approximately two-thirds of er that it will not back any return to the
the members of Congress are law- mainland unless the Chinese people vote in
yers. Twenty-three of the presi- a supervised piebescite to return Chiang to
dents of the United States have power. This last is doubtful, for the Chinese
been lawyers. More than a major- peope are far better off today than they were
ity of the governors of states and liricjer Chiang They at least can hope for a
strong nation, not one to be overrun by the
Japanese. If any truism came out of Owen
Lattimore, it was that revolution which
brought the Communists to power was a
the mayors of cities are lawyers.
The legal profession is, therefore,
the great incubator of the public
leaders of our Nation.
Nearly every lawyers at one
lie servcie on a full-time or a
partitime basis. Public service is
mcsit definitely one of the primary
functions of our profession.
States Rights Forgotten
In Integration Uproar
Nick' Bagdasarian
time or another will be in the pub- popular one, for the people near Mongolia
could just look over the border to see oeuer
economic conditions.
It maybe too late for the United States to
salvage what it could have gained from re
cognition not too many years ago a China
independent of Russia once that China be
came internally strong, but at least it can be
hoped that a war can be averted, and that
the United States has neither compromised
its principles nor its allies
4
4
CHIANG KAI-SHEK
what is probably a futile attempt to save two worth
less islands. With our foreign policy hell bent for
disaster in this pivotal area, speculation ran high
in America this week that we might be on the verge
of finally recognizing the Communist regime in
China.
Thfe Biritisli have long believed in this program.
After a number of years at the helm, it is becomnig
quite obvious that the Communists are in China to
stay. Chiang will never again see the mainland, and
the U. S. mi?ht do considerably better by sending
less aid . to Formosa and reaching a settlement with
Communist China. It is doubtful, that we can con
tinue to be bled by Chiang in' his long bout with
Peking, without sooner or later realizing the futili
ty of his goals.
With today's crisis over segre
gation in the South still foremost
in -the mind of the. people, it
seems to me,- oddly enough, the
real issue has been overlooked.
One might ask: "What is the
real issue?" In this writers opin
ion, it is the conflict between the
state and federal" governments. ' "
Under the influence and possi
ble misguidance of several organ
izations, the federal government
has taken over state functions
and with the backing of the pop
ulus of the United States, has re
legated the individual states to
mere social clubs, where one de
v cides whether a new street lamp
is to be put on such-and-such a
street.
Getting1 back to the segregation
issue (and more particularly the
Arkansas issue) neither side has
as yet given in. But w?hether Fau
bus' or Eisenhower will give in
first is not a difficult . question.
With today's governmental svs-
' tern, no state, even with justi.f i-f
cation, can successfully stand up
to the federal government.
Although there may be mad
ness in his method, it must be ad
mitted that Faubus has'shown ex
treme courage and calmness
through-out his states' right csm-
. palgn; but' olher '.""Southern go"vr-.
'nors have oniy timidly entered
"segregationist water," and the
only forseeable answTer to his fu
ture is that he too will fall by
the wayside.
Only-one more question need The official student publication of the Publication
be answered and that is "what Board of the University of North Carolina, where it
will be the results of integration." is published daily
Of course, the usual race distur- except Sunday, Mon
bances will, occur, with federal day and examination
forces gallantly upholding justice; periods' and summer
and perhaps, after a few years terms Entered as
(or decades) integration will suc
ceed. '
But what is the South to do in
the meantime?
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