C&apal Hill. H.C.
Secrecy & Democracy
See Edits, Page Two
Clear and cool, high in the
Seventy Years Of Editorial Freedom
Officers in Graham Memorial
CHAPEL HILL, NORTH CAROLINA, TUESDAY, OCTOBER 23, 1962
Complete UP1 Wire Servir
LINEUP This was the scene on Emerson
Field last Saturday morning before the UNC
South Carolina football game. The North Caro
lina State Patrol assigned, as it does before each
game, approximately 30 patrol cars to the Chapel
Communism In Chapel Hill
This is the last of a series on
Communism at UNC.
By VIRGINIA CARNES
On October 10, 1956, the United
States Supreme Court heard a chal
Jenge of the membership clause of
the Smith Act. The clause declares
membership in the Communist Par
ty to ; be illegal if a person knows
it to be a subversive group.
The appeal of Junius Scales, one
o the first convicted under the
membership clause of the Smith
Act, was before the court.
Telford Taylor, counsel for
Scales, questioned the constitution
ality of the proviso that mere mem
bership in the Communist party is
an offense. Scales, he said was not
accused of organizing the party nor
of advocating the overthrow of the
The court failed to reach a de
cision, and granted a reargument
to be heard at the fall term opening
October 7, 1957.
On September 24, 1957, the gov
ernment moved to wipe out the two
convictions of Scales and Claude
M. Lightfoot, Chicago Negro, who
served a executive secretary of the
Illinois Communist Party, under the
"knowing membership" clause of
Gabriel M. Evans
Law School Grad
Gabriel Marlin Evans, a graduate
of the School of Lav, has been
named the recipient of the United
States Law Week award, it was
announced today by Henry Brandis
Jr.. Dean of the Law School.
The award is given annually to
the Law School graduate who, m
the iudgment of the Law School
faculty, has made the most satis
factory progress scholasticaily in
his final school year.
Evans, who hails from High
Point, is a 1962 graduate of the
school. His award consists of a
year's complimentary subscription
to the "United States Law Week,"
a weekly publication which con
tains up-to-the-minute reports on
important court decisions, federal
agency rulings, and all u. s. &u
preme Court rulings. The years
subscription is valued at iuu.
Kvans received all A's in his
third year courses with the excep
tion of . one B. During the same
year, 1961-62, he served as one of
the associate editors ot the Law
-As an undergraduate in the
School of Business Administration.
Evans graduated with an A aver
age. He is presently associated with
the law firm of Jordan, Wright
Henson and Nichols in Greensboro
The UNC Radio Work-hop is hav
ing tryouts on Thursday, October
25 at 4 p.m. in Studio A, Swain
Hall, for acting and technical po
sitions in the production of the
original play, "A Red Hot Cross
by Alan Goldsmith.
4 r 5
the Smith Act.
The Supreme Court in June, 1957,
had directed a ne wtrial for Clin
ton E. Jencks, former labor union
official convicted of filing a false
non-communist affidavit. The court
declared that Jencks should have
been given access to FBI reports
made by bureau undercover agents
who testified "at his trial. ' '.
' In view of this the Justice Depart
ment issued a memorandum tell
ing the court that the cases of
Scales and Lightfoot involved the
same ' 'production-of-the-records' '
decided in the Jenck's case.
Each case accordingly was rever
sed and Scales waited in Uew York,
where he was then living, for re
On December 17, 1957, Junius
Scales declared in a letter to the
Greensoro Daily News that he was
no longer a member of the Com
munist Party. He said he had not
paid his party dues since January
and ceased being a member after
the party's February convention.
Scales said, "I had never plan
ned to make my views public, unti:
this business came up again. I cer
tainly couldn't go through the tria
posing as a party member.
His reasons for leaving the party
were what he termed as "the Hun
garian thing", Soviet suppression
of the Hungarian revolt, and the
'Krushchev Secret Report", a re
port by Krushchev downgrading
Stalinism and revealing his brutal
Despite this letter, Scales was
scheduled to appear before the Alia
die District Court in Greensboro for
his second Smith Act trial in Feb
Two of the chief witnesses against
liim were again Ralph Clonz, Char
lotte lawyer, and Charles Benson
Childs. In direct testimony Childs
told the jury how he was taugh
to kill a man with a pencil at Scales
Communist Party school, located
on a farm near Walnut Grove.
Bracing the pencil in the palm
of his hand, with his thumb, Childs
said that Scales would stabb in the
air to show the stroke that would
drive the pencil point into a man s
heart or through his throat, lie saia
this technique and some judo tricks
were taueht at the school because
entrants wpre told, they "might
rnme in handv on a picket line.
Testimony was then given by
Scales mother, Mrs. A. M. Scales
of Greensboro, that he had urged
people whom he recruited for the
tiartv to "get out .
On February 21, 1958, he was
again convicted by United States
District court jury and sentenced
tn six vears in the General peni
tentiary. He was released under
$20,000 bond pending appeal.
ittnrnpv Telford Taylor said
Srales was a "tragic figure'
"too much feeling and too little
In June, 1959, the Supreme Court
ordered a new hearing for the nex"
fall on an appeal which questioned
the constitutionality of the mem
bershiD clause" of the Smith Act
Taylor urged the High Tribunal
to reverse the second conviction on
the grounds that the membershi
clause was an unconstitutional in
vasion of the First Amendmen
safeguards of fret speech and as
Hill area to handle the heavy influx of traffic.
Here the cars are lined up while their drivers get
their assignments for the day.
Photo by Jim Wallace
In October, I960, the Supreme
Court began the hearing and again
Scales was convicted. He made a
last attempt to have his prison term
Affidavits in his behalf from Su
perior Court Judge L. Richardson
Preyer, a North Carolina judge of
Greensboro r four members of . the
second jury that convicted him;
Martin Luther King Jr., Negro in
tegration leader; Reinhold Nieblur,
theologian; Paul Green, play
wright; and Jules Feiffer, cartoonist
were attached to his formal peti
"I have no remaining affiliation
with the Communist Party", Scales
said. I believe myself to be a loyal
Amercan citizen, and I support the
Constitution and principle of our
form of government."
On October 2, 1961, almost seven
years alter ne was arrested in
Memphis, Junius I. Scales, 40 years
old, surrendered to federal authori-
of a fellow Tar Heel, Junius Scales.
Junius Scales is the only man
serving a prison term today be
cause of the "knowing member
ship" clause of the Smith Act . .
he 'rehabilitated' himself six years
ago when he left the Communist
movement under the pressure of his
own conscience. The legal process
which ended with his conviction
took eight years, which drained the
resources of his entire family . . .
granting of humanity to Junius
Scales in the form of executive
clemency will add to our own spir
itual strength in this very struggle
against world Communism. . . ."
In June, 1962, Scales petitioned
President Kennedy to grant him a
pardon, or alternatively, a com
mutation of sentence.
The petition was prepared by
Scales and his attorney, McNeill
Smith of Greensboro, in May at
Lewisburg Prison, Lewisburg, Pa.,
and was filed on une ll, 1962, with
UP To Introduce
Tonight in Carroll Hall the Uni
versity Party will introduce a new
nominating system which it will
use to nominate Freshman, So
phomore, and Junior Class Offi-
ers. Starting with a keynote ad
dress by Inman Allen and an
nouncements of appointments of
UP Legislative Seats, the conven
tion will procede with the new
delegate voting system.
Under the system a housing unit
gets five basic votes for having
10 members. In addition, a unit
gains an additional vote for each
ten members including the first
five. For example, if a housing
unit has thirty members it will
receive five basic votes plus one
vote for each of the ten members
thus making a total of five plus
three, of eight votes.
For this housing unit to vote it
will be necessary that the eight
votes be represented by eight at
the convention. This is the second
UP Convention to use this new
Judge To Discuss
Court Reform In
Lee Rainey, vice-chairman of the
Student Committee for Court Im
provement, said yesterday that Su
perior Court Judge John D. Mc
Cornell will be the featured speak
er at the committee's open meet
ing tonight at 7:30 in Howell Hall.
Judge McConnell is a graduate
of Davidson College and of the
UNC Law School. He has been As
sistant U. S. Attorney General and
is a former Secretary of the State
McConnell was also the Admin
istrative Secretary for former Sen.
Frank Porter Graham.
The Student Committee for Court
Improvement is promoting the
passage of the court reform amend
ments which will go before the
electorate of North Carolina No
If the amendments pass, they
will bring uniform costs, fees, and
procedures to all the lower courts
in the state.
Rainey said, "All students who
are interested in seeing their court
system improved are welcome to
Attorney General Robert F. .Ken
nedy. In the petition he stated his de
parture from the party in Feb
ruary, 1957, and said, "I, myself,
was not charged with advocating
violent overthrow . , , I have never
committed any violence."
He wrote that he requested par
don or commutation of sentence be
cause: (1) "i can best serve my
country outside the Federal peni
tentiary rather than in it . . . (2)
I do not believe myself to be a dan
ger to my country ... (3) I per
sonally discussed with as many
members of the Communist Party
as I knew and was able to contact
personally . . . and I urged them
to quit the party too (after 1957).
(4) . . . Nevertheless, I hope and
pray that my case has served some
good purpose for my country and
that purpose having been served,
I, myself, might be allowed to live
out the rest of my life in quiet de
votion to my family. . . ."
Filed with the petition were let
ters of endorsement by 33 persons
including "nine of the twelve jurors
who convicted him, two of the pres
ties to begin his six-year prison
term. He was to be eligible for pa
role on October 2, 1963.
In April, 1962, Harry Golden, edi
tor of The Carolina Israelite and
author of several best-selling books,
began distributing a . petition to
"newspapermen and writers in
North Carolina. The petition sought
executive clemency for Junius
The petition read as follows:
"Dear Mr. President: The under
signed newspapermen and writers
of North Carolina respectfully plead
for executive clemency in the case
ent United States District Judges
in North Carolina, seven partners
of five of the leading law firms in
Greensboro and in the state, some
of the professors who have been
teaching Constitutional Law at
Duke University and UNC -and oth
What will become of this man,
described as "poetic rather than
hard-nose, a muddled idealist", as
"a completely bemused and be
nighted young man", and as one
who had truly felt that "Commu
nism was essentially the ultimate
answer of achieving the -brotherhood
of man"? Time will tell.
Recently the Chapel Hill branch
of the American Legion advised an
investigation of "Marxist" groups
on the UNC campus by the legisla
ture. The objects of this investiga
tion the Progressive Labor Club
and the New Left.
Although these clubs claim to
have no Communist affiliation, the
investigation was deemed necessary
because they do profess "leftist
. Other than this very little talk of
Communist activity in Chapel Hill
has been heard recently.
Some people still wonder and re
member the days when UNC was
called the "hotbed of radicalism
and the "Reds on the hill". On the
other hand The Raleigh Jews &
Observer said, "It would .be dis
turbing, as a departure from the
normal, if the .University did" lack
some roaring young radicals. In
deed the young men who are never
radical miss an important part of
enmedy Quarantines (Lmtoa;
UNC To Host Model Assembly
UNC will host the United Nations
Model General Assembly for the
Middle South, February 20-23, it
was announced recently by Hugo
Spechar, Secretary General of the
"The UN Model Assembly is an
opportunity for a student to discov
er what international policy-mak
ing is, and to find out the difficul
ties involved in world government,"
Spechar is a UNC economics ma
jor from Bolivia. Last year he head
ed the model delegation from Mexi-j
Sixty-five delegations will arrive
from 12 states. Colorado Air Force
Academy will represent the U.S.
S.R. Britain will be represented by
South Carolina and the U.S.A. by
N. C. State.
Several delegations will come
from UNC, and have not been as
signed at this time.
The functions of the Secretariat
will be served by Judy Alexander
Dorm newspapers, which have
acquired somewhat of a reputation
as obscene joke sheets, have recent
ly naa restrictions torcea upon
them from several sources.
The mimeographing office in Gra
ham Memorial has announced that
it will not print any dorm news
papers unless an individual student
is willing to take full responsibili
ty for the contents of the paper.
Two weeks ago, the IDC passed
a directive which said that the per
son responsible for the paper can
be cited for a violation of the Camp
us Code if the paper is in poor
Bruce Welch, President of the In
terdormitory Council, said that he
did not wish to censor the dorm
newspapers, and that that would
not be the effect of the directive.
"I'm not advocating a culture
sheet," said Welch. He added that
the directive was merely pointing
out what every editor , of a dorm
newspaper should already know.
Welch went on to explain that
since the circulation of the news
papers is impossible to control,
dorm papers are part of what
forms the Carolina reputation.
Charles Henderson, Dean of Stu
dent Affairs, said that he was not
opposed to dorm newspapers, but
that he was against dormitory joke
sheets. WTien asked why, he said,
"You wouldn't let a person drink
himself to death, would you?"
Henderson explained that he
thought there were better goals
than printing obscene jokes. He
said that it was a question of the
greatness of what was being print
ed. The dean was sure that Greek
plays offended people but were nev-er-the-less
Chosen To Fill
Margaret Ann Rhymes, a senior
from Hickory, was elected to fill
the open legislative seat in Dorm
Women's District 2 at the Stu
dent Party Pre-convention meeting
Miss Rhymes, a member of the
Valkyries, former Managing Editor
and Associate Editor of the Daily
Tar Heel, and former NSA dele
gate, will fill the SP seat vacated
by Lee Lumpkin.
Robin Britt, Chairman of the
Student Party, announced the Ad
visory Board's recommendations
for ground rules to be used at the
convention. The rules were pass
ed without opposition by the body.
After the off icial . business meet
ing there was an informal discus
sion of the proposed amendment to
the Student Constitution clarifying
Student Legislature's authority to
pass resolutions on off-campus is
sues. The -amendment was pro
posed by Rep.' Arthur Hayes (SP).
of UNC. Assembly Parliamentarian
will be Roger Foushee.
Special guest speakers will ad
dress the Assembly. They are ABC
news commentator Edward P. Mor
gan, who is Washington correspon
dent to the Saturday Evening Post;
and Dr. William M. Jordan; Direc
tor of Political Affairs in the UN.
Vacancies are open to UNC stu
dents who would like to help plan
the event in February. Especially
needed, said Spechar, will be typ
ists during the Assembly week.
lnere will be a colloquium on
"Some Properties of Mutants" giv
en by Dr. Wilbur C. Whitteen, Jr.
at 4 p.m., Wednesday, Oct. 31, in
room 383, Phillips Hall. .
ur. t:. i. JVHtcheU .will talk on
"Magnetostriction in thin Ferro
magnetic Films" Wednesday, Oct
24, at 4:30 p.m. in Room 265, Phil
lea and cotfee will be served a
4 p.m. in the Lounge.
Men's Bi-Partisan Selection
The Men's Bi-Partisan Selection
Board -will interview candidates for
the Men's Council in Roland Park
er Lounge from 3 to 5 p.m. Wed
nesday, Thursday Friday in Roland
Dr. Dan Pollitt of the Law School
will speak on the present and fu
ture rollls of the National Labor
Relations Board to the New Left,
Thursday evening in 205 Alumni.
The NAACP will meet Thursday
at 8:30 p.m. in Gerrard Hall.
YMCA-YWCA Fund Raising Drive
The YMCA-YWCA faculty fund
raising drive will continue through
this week. Cabinet members are
urged to continue to turn in daily
The Bipartisan Selections Board
will hold interviews for all students
interested in seeking endorsement
for their candidacy for positions on
Women's Honor Council. The inter
views will be from 7 to 9 p.m. to
day and 3:30 to 5:30 Wednesday.
Council Room, 2nd floor G.M.
More Council Applicants
There will be a compulsory meet
ing of all Men's and Women's Hon
or Council Applicants at 7 p.m. in
Roland Parker III.
Prizewinning Author Tells
Background, Reveals Method
By LEON ROOKE
What course of action does a
man take when at the age of 40 he
decides to change his way of life?
Suppose he thinks he has talent as
a writer and wants to develop?
Where does he go? What does he
Missile Jr ire
East Coast Ports
WASHINGTON (UPD President
Kennedy Monday night clamped a
naval blockade on Cuba because
Soviet medium range missiles and
other arms had turned the island
into an armed camp capable of
hurling destruction into , the heart
The blockade on shipment of of
fensive weapons to the Fidel Cas-
The NSA Committee will meet
oday at 5 in Roland Parker in Gra
Heads of Campus Organizations
Ail heads of campus orgamza-
n i t
tions to Business and Economic
Problems" are requested to return
these blanks immediately to Larry
McDevitt, Student Government Of
- The Fellowship of Christian Ath
letes will meet at 9:30 Wednesday
night in the Woodhouse Conference
room, GM. All Freshmen and varsi
t.v athletes are invited to attend
Dr. Samuel S. Hill, head of the
lision debarfmfnt will hf the eupxtl Reinforcement
Academic Affairs Committee
Academic Affairs Committee will
meet every Wed. in the Woodhouse
room of G.'M. at 8 p.m.
Daily Tar Heel
All Daily Tar Heel staff members
and reporters should attend a meet
ing Thursday at 3 p.m. for Yack
Women's Residence Council
The Womens Residence Council!
will meet tonight at 6:45 in the
Grail Room. Attendance is requir
ed. Yack pictures will be taken.
Campus Affairs Board
Campus Affairs Committee will
meet in the . Grail Room at 5 p.m.
today. All members, including new
appointees should be present.
G.M. Board of Directors
Interviews for presidential ap
pointments to the G.M. Board of
directors will be held Wednesday
from 2 to 3 p.m. This is a three
year seat and sophomores are pre
ferred but not required.
Judicial Committee meets today
at 5:30 p.m. in Grail Room.
If he is a sailor with 22 years
j Naval experience behind him, and
has decilded to write short stories,
what is the most opportune way
for him to learn his trade? Is
there any "best" way, or many
Richard McKerma, 40 years old
in 1953 and fresh from a destroyer
patrolling Korean waters, had sev
eral ideas on how to go about it;
he would retire to a cabin in the
desert; he would go to a mid-western
university and enroll as a stu
dent. Richard McKenna did not go to
the desert. He didn't go to college
in the mid-west. He came to UNC.
In any case; he learned to write
and now, suddenly, the spotlight is
on him: his first novel has won the
$10,000 Harper's Prize. It will be
serialized in Saturday Evening
Post. It is a Book-of-the-Month
selection. Movie rights have been
purchased by a major company to
the tune of $200,000.
When Chief Petty Officer Mc
Kenna was casting about to find
out what he should do in 1953, he
sought advice. He wrote a letter
tro regime was part of a seven
step program ordered by the Pres
ident and already under way to
meet the "threat to hemispheric
security posed by the Soviet arms
buildup. The President said the
naval blockade would not deny Cu
bans the civilian necessities of
To halt the buildup in Cuba, the
President ordered a seven-step
program, including a strict quaran
tine on all shipments of offensive
military equipment to Cuba. This
will involve a strict naval block
ade but the blockade will not, he
said, deny the Cubans necessities
The buildup, the President said
in a nationwide radio television re
port to the people, now includes
medium range ballistic missiles
capable of firing nuclear warheads
for more than 1,000 miles. In ad
dition to the quarantine, Kennedy
also announced that he had taken
these additional "initial'
Continued, increased surveil-
ance ot uaoa ana us military
buildup with orders to the armed
forces "to prepare for any even
A declaration of American pol
icy tnat this nation wiu regard
any nuclear missile launched from
Cuba against any nation In the
Western Hemisphere "as an attack
by the Soviet Union on the United
States requiring a full retaliatory
re - response upon
the Soviet Union.
of the U. S.
naval base at Guantanamo Bay
and started the evacuation Monday
of armed forces dependents sta
tioned there. In this connection.
Kennedy ordered additional mili
tary units, apparently in this coun
try, to stand by on an alert basis.
He called for an immediata
meeting of the "organ or consulta
tion" under the Organization of
American States to consider what
he called "this threat to hemis
The United States, the Presi
dent said, was asking Monday
night for an emergency meeting
of the United Nations Security
Council where this contry will in
troduce a resolution calling for
prompt dismantling and with
drawal of all offensive weapons in
Cuba under U. N. supervision. The
President said the offensive weap
ons would have to be removed be
fore the quarantine could be lifted.
He called on Soviet Premier
Nikita S. Khrushchev "to halt and
eliminate this clandestine, reckless
and provocative threat to world
peace and to stable relations be
tween our two nations." His call
upon Khrushchev included a de
mand that offensive weapons be
withdrawn from Cuba, saying the
Soviet leader thus had an oppor
tunity "to move the world back
from the abyss of destruction."
to his former commanding officer,
Captain John S. Keating. McKen
na knew Captain Keating years
before at the Great Lakes Naval
Training Station. It was there thr.t
McKenna wrote news stores and
feature articles for Navy publica
tions. McKenna's letter to his former
commander was dispatched frcm a
destroyer off Korea. The letter
reached Captain Keating at the
University of North Carolina. Capt.
Keating was Commander then of
the Naval ROTC in the University.
Captain Keating's reply was im
mediate. Come to Chapel Hill, he
said. The University of North Ca
rolina, explained the captain, is
"some sort of special place fcr a
writer." "It's a good university
for "a man with a purpose," wrote
McKenna had just read Thore
au's "Walden Pond" and had al
most decided to do as Thoreau had
done: retire to a remote cabin
McKenna's method of develop
ment for his writing talent, some
(Continued on Page 3)