ft
tfce Batlp Ear
Heel
Iw 7s sixty-ninth year of editorial freedom, unhampered by
restrictions from either the administration or the student body.
The Daily Tar Heel is the official student publication of
I the Publications Board of the University of North Carolina.
All editorials appearing in The Daily Tar Heel are the
I personal expressions of the editor, unless otherwise credited; they
p are not necessarily representative of feeling on thg staff.
1 November 30, 19G1
Tel. 942-2356
Vol LXIX, No. 56
Constitutional Test
After ten years of frustrated ef
forts to enforce the registration
provisions of the Internal Security
Act of 1950, the Justice Depart
ment now has a clear-cut test case.
Under the registration regula
tion, any "Communist - action or
ganization" is required to register
as such and furnish information to
the Government about its member
ship and finances.
Last week the Communist Party
of the United States refused to com
ply, as many expected it would.
Under the Security Act, when an
organization refuses to comply with
a registration order, its officers
have ten days in which to register.
After twenty days, the order is ex
tended to every member of the or
ganization.' Today, Thursday, Nov. 30, is the
deadline for the officers to register.
The penalty for failure to comply
is $10,000 and five years in jail for
each day of non-compliance after
the deadline. Constitutional con
siderations are at the heart of con
troversy which has arisen out of
the order to register.
The issues which will be in ques
tion after the Communist Party
leaders fail to comply as they have
announced they will are based on
the protection against cruel and
(unusual punishment a3 set forth
in the Eighth Amendment and pro
tection against self - incrimination
under the Fifth.
The basis for protests against
registering, based on the Fifth
Amendment, is that registration as
a member of the Communist Party
is not simply a matter of going on
record. It means admitting that
the registrant is engaged in .crim
inal activity as set forth by the
Smith Act of 1940. This statute
makes membership in a party ad
vocating violent overthrow of the
Government a crime. The law has
teeth. Just last June, Junius Scales,
one-time Communist leader in the
Carolinas, had his conviction under
the Smitb Act upheld by the Su
preme Court.
Any Communist who is forced to
register under the Internal Security
Act opens himself up to trial and
conviction as provided by the Smith
Act. Conviction is virtually assur
ed if the courts follow the same
legal reasoning process that led to
Scales conviction: namely, that the
Communist Party of the United
States advocates violent overthrow
and thus membership in it is a
crime.
After the Justice Department be
gins to follow through on the crim
inal prosecutions because the mem
bers of the Communist Party refuse
to comply, the cases will almost in
evitably end up in the Supreme
court where the questions of con
stitutionality possible violation of
the Fifth and Eighth Amendments
. must be dealt with.
The Supreme Court has not yet
dealt with either of these questions
in a test case. The court has ruled
that the bare registration law was
constitutional. It has not dealt with
the claim that the law violated the
Fifth and possibly the Eighth
Amendment.
When it does, one of the questions
that will be answered is whether
the court will uphold the amend
ments, or whether it will sacrifice
them for the purpose of eliminat
ing a "menace" which has already
demonstrated its inability to work
any effect upon the U. S. other than
the creation of unreasonable fear.
Stop The Test Talks
Arthur Dean and Semyon Tsar
apkin must be very patient men.
As the U. S. and Russian leaders
at the Geneva nuclear test ban
talks, both men have presented in
numerable meaningless, unrealistic
proposals to each other. Both must
realize that their governments are
not truly interested in a nuclear
test ban or a system of world-wide
disarmament.
If the Russians were interested in
either of these, why did they sit
through 340 sessions of talks be
tween October 1958 and September
1961 mouthing platitudes about
world peace and the dangers of fall
out while their government prepar
ed the most horrifying series of fallout-producing
tests in history?
And if the United tates is truly
3
i
WAYNE KING
Editor
3agabet Aim Rbtmh
Associate Editor
Lloyd Lxttu
executive Neva Editor
Bill Hobbs
Managing Editor
Gabby Blan chars
Assistant Editor
Jim Clottelteb
Assistant to the Editor
Btcti Vaughn News Editor
Namct Bass, Linda Chavotta
Feature Editor
Hakht W. Lloyd Sports Editor
David Wysono Subscription Manager
JTim ESKB.DGK Circulation Manager
Ed Duprsx Asst. Sports Editor
Jo Wallace Photography Editor
TIM BURNETT
Business Manager
Mm Mathtrb Advertising Manager
1
Thb Daily Tab Hzxl Is published dally f
except Monday, examination periods
and vacations. It Is entered as second-
class matter in the post office in Chapel
Hill, N. C pursuant with the act of
March 8. 1870. Subscription rates: $4.50 I
fi per Bermaici, o uw year. g
m Thx Daily Tab Hzxl is a subscriber to P
the United Press International and I
utilizes the services oi the News Bu-
reau of the University of North Caro-
Iublished by the Publications Board I
of the University of North Carolina,
Chapel Hill. N. C.
interested in a test-ban or world
disarmament why has President
Kennedy made no firm announce
ment that this country will not' re
sume atmospheric tests?
Why did the United States,
knowing full well that the Russians
would simply present another far
reaching, completely uninforceable
proposal, once again call for test
talks at Geneva?
True to form, the Russians Mon
day presented the absurd proposal
that the Big Four have another ban
on nuclear testing, without any
form of international control.
And true to form, the U. S. said
it would have to think about it,
which means we have no intention
of thinking about it.
The leaders of both delegations
have virtually admitted that the
talks are useless. Mr. Tsarapkin
said Monday, "It is very difficult to
be optomistic," and Mr. Dean said
last week the U. S. policy would
be to "test and talk."
The Russians went into the talks
with the hope of. regaining propa
ganda points lost when they start
ed testing. The U. felt it would
have a bad propaganda effect if
we did not appear eager to stop
testing.
Test - bans, disarmament and
peace have become to the Big Four
what God, Mother and Country are
to the American politician- words
to be repeated constantly and never
acted upon.
Practical considerations make
both a test ban and world disarma
ment impossible at present. Both
the Russians and the U. S know
this. Therefore, it is hypocritical
and deceitful and wasting time to
engage in the prgset iGeneva talks.
The talks should be called off.
Bill Hobbs
Teshima Looks At Japanese Student Movement
'Zengakuren', 'lost', 'funky', 'beat
nik' and 'quiet are some of the
stigmas lavelled on the young gen
eration in Japan today. As far as
Japanese student movement is con
cerned, UPI, AP or almost all the
mass communication media of the
U.S. seemed to report only a surface
f the pnenomena from a stereotyped
or sensational viewpoint.
kast week I received a letter from
my friend of Tokyo in which he
wrote vividly about his participation
in steeet demonstration in protest
against the Soviet Nuclear Tests un
der the Zengakuren, National Fed
eration of Student Self-Government
Association of Japan. More than 600
Zengakuren members protested the
resumption of the tests in front of the
f viet Embasy in Tokyo. He told me
the number of the participants all
over the nation are increasing day
after day. Have you heard of this
news at quiet Chapel Hill? Can you
imagine Zengakuren protest against
Moscow?
Journalism is a key to promoting
international understanding, and
bringing world peace only if it suc
ceeds in report, analysis and inter
pretation of the happenings based on
facts and even of the quiet voice of
the people. Nevertheless, some of
the correspondents in Japan tele
typed 'brazenly' false news of the
Japanese students last year.
FOR INSTANCE, they reported
that participants in snake dancing
demonstrations were financially sup
ported by Communist China. But it
was not true. One of my classmates
at Waseda told me that he had to
walk more than nine miles in the
middle of the night from a demon
stration at the Diet building to his
boarding house because he had no
money. He had participated in de
monstrations for one month and he
had spent all his pocket money.
Every next morning of the street de
monstrations, we used to see several
white-bandaged students in our
classes.
This is only one example.
Unexpectedly the film Operation
Abolition reminded me of Japanese
student movement in a sense that I
found in it the common straight-for-.wardness
and vitality of the stu
dents. There may be many contradic
tions and misunderstandings between
you and us. I would like to write a
bout the student movement in Japan
from my own viewpoint that of
a student in an attempt to discuss
with you about one aspect of the
student life of Japan.
My campus life in the past three
years has been devoted almost en
tirely to the campus newspaper. At
first, I reported for a student-run
newspaper printed for the School of
Political Science and Economics of
Waseda University.
DURING THIS period I came in
contact with man leaders of the stu
dent movement. Zengakuren or oth
erwise, quite a few of them seemed
to possess radical ideologies for the
sake of ideologic but as far as their
status as students was concerned,
they proved to be very modest stud
ents. Most of them were excellent
students in the class room.
If there was any difference from
the ordinary student, it was that
they seemed to entertain as extra
ordinarily ardent desire somewhat
too idealistic and perhaps too hasty
to realize their ideal of peace and
democracy not only in campus life
but also n society. In a way, they
seemed to live campus life more ful
ly and lively than average students
in their own way as they snake-danced
the streets to the National Diet.
Serving for that newspaper I start
ed to feel uneasy and to doubt wbeth,
er there was any journalistic free
dom allowed for us reporters be
cause the whole paper was in fact
devoted to the highly ideological and
biased news which were automatical
ly provided from a minority of the
leaders of the student government of
our department. Editorials, for ex
ample, were not written by members
of the press committee, but were
totally monopolized by those leaders.
AFTER TRYING my best. I walk
ed out in 1959 and applied for an 'en
trance examination' of the Waseda
Guardian, the English-language
campus newspaper which has been
printed some 25 years. By participat
ing in this middle-of-the-road campus
newspaper, I have, for the first time,
been able to observe the student
movement from an angle of my own.
Covering the most heated period
of the student movementDecember
to August vm have discov
ered the most frequent error that
those student leaders commit; they
resortto an utterly undemocratic
method in order to realize their ver
sion of "democracy".
The typical fallacy in their mental
structure was always that "the end
justifies the means." This was the
fallacy that I wanted to point out,
most of all, when I became editor af.
ter serving as feature editor in my
first year.on the Guardian.
There is much dispute on the mer
it or demerit of the activities and
existence of Zengakuren but I can
not respect those students who only
highhandedly criticize that organiza
tion or non commitally stay outside
as if they have nothing to do with
the organization.
NOW 'NOTORIOUS Zengakuren
split into three groups and the fae
tinal struggle dotj not-seem to cease.
The leaders of main stream who take
the initiative of Japanese student
movement at present still believe ra
dical revolution based on Marr-Len-inism.
Most of them were expelled
two years ago from Japan Commun
ist Party which has approximately
CO, 000 members because of their ex
trearn radicalism. They emphasize
the role of students in realizing revo
lution in accordance with the plat
form of Marxism Student Union and
Revolutionary Communist League.
On the other hand, anti-main
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Author Here On FSLP Exchange
Yoshio Teshima is this year's
FS1P student here, He was editor-in-chief
of the Waseda Guardian last
year in Tokyo. The Waseda Guardian
is published monthly by students of
Waseda University for international
student friendship and is the oldest
English language campus newspa
per in Japan.
FSLP, the Foreign Student Lead
ership Project, is one 6f the most im
portant activities of the USNSA.
FSLP is a foreign student exchange
program in which about fifteen stud
ent leaders from the emerging coun
tries of Asia, South Americas, and
Africa are invited every year to the
United States. The students who par
ticipate in FSLP are leaders at their
student government, editors at stud
ent newspapers, leaders in the na
tional student movement, and in
their national union of students.
The student leaders in FSLP come
the United States for a year for study
at the individual universities of the
States. The FSLP students take a
limited academic load so that he can
spend a good deal of his time parti
cipating in the student government,
the student newspaper, and other stu
dent activities. He also studies Amer
ica and American ways of life. To
accomplish this, tne r SLP student is
encouraged to expand his activities
into the communty as much as possible.
THE SCHOOL which has an FSLP
student is not only giving to the stud
ent, but in many cases receives more
than it gives. A student leader from
another country is able to give to the
campus new ideas and view its prob
lems from a different and fresh
point of view. He can help educate
the students and the community to
he problems facing his countries
and the students in his country.
The FSLP student is a leader
whose leadership ability must be
realized on the campus for the pro
gram to be at profit to the students
and the campus.
UNC has been fortunate in having
FSLP students since the founding at
the program in 1956. It has been a
long with the Goetinghen Exchange,
one of the most fruitful exchange
programs in which UNC has ever
engaged.
This Week In
Student Legislature
Tonight's session of Legislature
will open the 32nd assembly (each
legislative year is split into two "as
semblies", a carry-over from the
past when there were two legislative
elections each year.'
As of this writing, no old business
is to be brought up, nor any new
WW introduced.
t
The resolution urging integration
of the Chapel Hill theaters was pass
ed 23-10 at the last session of Legis
lature. Both party chairmen and floor
leaders supported the bill including
UP Chairman Bill Criswell who
claimed that by voting en the resolu
tion, Legislature was "losing some
face and taking strength away from
its other bills", but who still sup
ported it.
We feel Legislature had good rea.
son for taking a stand on this issut.
At that time a Chapel Hill merchant
the Varsity was discriminating a
gainst a sector of the UNC student
body. Any form of anti-student dis
crimination should be of direct in
terest to Legislature, which suppos
edly represents the students.
A very interesting statement was
made by a legislator who opposed
passage of the resolution, "By pass
ing this bill, Legislature is endorsing
a body which is subject to much con
troversy today the National Asso
ciation for the Advancement of Col
ored People." The legislator said he
was expressing the opinion of his
constituents, not necessarily his own.
The interesting aspect of this state
ment is that it is so completely
wrong while at the same time so
widely accepted.
For persons who still equate an
endorsement of theater integration
with an endorsement of the hosts of
groups which support integration, let
us reiterate these points:
Legislature resolved that "the
non-integration of the theaters in
Chapel Hill constitutes an injustice."
The bill asked the theaters to "open
their doors to all persons regardless
of race, color or creed."
Legislature did not make a gen
eral pronouncement on integration.
Legislature did not endorse
either directly, indirectly, or by any
train of reasoning whatsoever, the
NAACP, CORE, or any of the thou
sands of organizations which at one
time or another have supported
theater integration (including the A
merican Communist Party.)
This "NAACP endorsement" rea
soning is of the "guilt by association"
variety: most people in the South
have little love for the organization;
so, if a person can tag local issues
with the NAACP label (the Associa
tion has absolutely no control over
the policies of the Citizens Commit
tee), then he can undermine the loc
al situation
We hope that legislators will ex
plain to their less perceptive consti
tuents the facts concerning the pro
integration resolution.
JIM CLOTFELTER
College Drop Outs & Dismissals
The problem of drop-outs is not
confined to elementary and second
ary schools. Though no concern has
been expressed publicly about it, the
colleges also have a problem of
drop-outs. People connected with in
stitutions of higher learning tend to
shrug off the implications of college
drop-outs with the comment that
those who leave are not college ma
terial, anyhow, and convey the im
pression that the colleges ought not
to be concerned about the elimina
tion of these students from the cam
puses. As an intensive effort to keep stu
dents in the high schools of North
Carolina gets under way, a report
from the State Board of Higher Edu
cation shows that 1,138 students were
dismissed last year from the Con
solidated University of North Caro
lina for academic failure and 213 oth
ers dropped out because of poor
grades or difficulty of work.
To raise the point is not to suggest
any lowerng of academic standards
in the institutions of higher learning.
For a degree to have significance,
the standards have to be kept high.
But the institutions of higher learn
ing may well look to the guidance
they provide their students, to the
quality of instruction given, and to
the attitude taken toward students.
Involved in the question of col
lege dismissals for academic rea
sons and for drop-outs are such mat
ters as the quality of preparation the
students have received, the real ef
ficiency of the admitting procedures,
and the emotional and moral matur
ity of the students. Lik& the ques
tion of drop-outs in the high schools,
the question of dismissals and drop
outs in the colleges call for more
study tl?an has apparently been giv
en it.
DURHAM MORNING HERALD
stream, Zenjircn, is excellent in lend
ing a mass of the students. Almost
all of the leaders of this faction are
affiliated with Japan Communist
Party. They follow the Moscow-Peking
line in harmony with labor move
ment of Japan. They are criticizing
the aloofness of the leadership of
Zengakuren from majority of stu
dents. At the same time, their grass
roots policy has gradually gained
popularity among students.
The third minority group is led by
Japan Communist Youth League and
Socialist Youth League. And now
lliey ai e tijiii;, uiu n.uifimi.L
many youth groups in Japan.
Under the chaotic circumstances,
Japanese students are fooling a
round without decisive idea of which
stream would lead them.
I think it is our affair and there
fore our responsibilty to improve the
current student movement, because
we always claim academic independ
ence and student autonomy. It has
been my primary interest and con
cern in editing our paper to contri
bute to upgrade the student move
ment in Japan.
r 1 llij r inoi nine iii 1L3 ni.v
tory, the Guardian featured a series
of analyzations of the movement, one
example being "STUDK.Vl .MOVE
MENT on TRIAL" in April 19G0. At'
the same time we tried to bring
readers' attention to such inconspicu-
. I L 1 , . 4 . ..... . . t 1 t rl f
OUS UUL IllUbL IlUlC'vvoi ui aiuut.ii ac
tivities as the relief work in the area-
uaiiuigtrwi u lypii-uoii vela in ijjj,
and college students' visit to villages
showing pupet play to the unprivi
ledged children.
During the chaotic period in which
the anti-US-Japan Security Treaty
movement swept the country last.
t r 1 a. 1 i. -
year, 1 ieareu mat oveiseas icdueis
might have mistakenly concluded
that Zengakuren activities were rep
resentative of student life in Japan
because of the way mass communi
cations treated the incidents only
from a pure commercial and sensa
tional viewpoint.
In mid 19G0, more than ten thou
sand Waseda students participated
in the demonstrations against the
Treaty. It was the greatest number
of participants in demonstrations in
the history of Waseda. They pro
tested strongly against the Pact be-'
cause they believed that no matter'
how small the danger, the Pact in
volved the possibility of replacing
pens in our hands with rifles and
turning our land into battle fields
again.
Despite the daily nation-wide de-
a 7 j 1 1 r ' . 1
monsirauons, me uovernment nnai
ly ratified the Treaty on June 2u, '
ignoring our sincere desire to advo-,
cate the spirit of our no-war Consti-.
lution as shown in the peaceful peti
tioning campaign. Our wish was
trampled down by a mass of police -
j i 1 . 1 1 1 1 4.
violent students' faces and heads in;
the same way as they did in an inci
dent on the campus of Waseda nine';
years ago.
AMONG THE STUDENTS who de
monstrated there were many who
had never participated in any politi
cal movement. To call them dis
criminatingly "Cats paws of Interna
tional Communism" does not solve
the question at all. Admittedly there
were a segment of radicalists who
formented the disturbace. A ques-'
tion arises here, however, as to how '
many of these students acted accord
ing to their own judgment, free from
mob-psychology.
But why was it that so many stud-
ents participated in the demonstra
tions? Because they were indignant
at and mistrustful of the way politics
were run in Japan.
Participating a series of street de
monstrations last year, a majority of
Japanese students had a bitter ex
perience. They failed in their ef
forts to stop ratification of the Pact,
and had felt emptiness to some ex
tent. But that experience, I think,
will become possitive factor in each
student's future life.
I STRONGLY believe the senti
ment of your fellow students who
were violently taken out of the con
gress building in San Francisco was
fundamentally same as that of each
Japanese students who were hurled
out of the Diet compound by fierce
forces last year. I mean by senti
ment their sincere desire for peace
and the straightforwardness in ex
pressing their opinion in an attempt
safeguard democracy and freedom.
We learned from two atomic
bombs on our land that we should
never arm again. And also, we know
it was our brothers who lost young
lives uselessly in the battle fields
far away from their mother land.
You might call us Japanese stud
ents as too idealistic, unrealistic or
Communist-inspired, but we shall
strive for our freedom, democracy
and peace of the world.
YOSHIO TESHIMA