Newspapers / Daily Tar Heel (Chapel … / May 15, 1963, edition 1 / Page 2
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I SaUy (Har i?rrl 71 Years o Editorial Freedom GARY BL AN CHARD, DAVID ETHRIDGE Co-Editors Wednesday, May 15, 1963 Vol. LXX, No. 160 The DTI1 offices are oi the second floor of Graham Memorial- Telephone num ber: Editorial, sports, news 942-3112. Business W2 213S. Address: Box 1080, Chapel Hill, N. C. The Patio Incident Much confusion .surrounds the incident at The Patio last Thurs day during UNC's Senior Class Party. As reported in the Tar Heel, two members of the class one of them colored have been arrested on trespass warrants sworn out by Henry Andrews, manager of the tavern, because they allegedly re fused to leave when told to. The Tar Heel inadvertedly con tributed to the confusion which exists by mistakenly headlining the story "Charges Filed Against Pair After Sit-in." It was not a sit-in. It was a case of mistaken expectations. As class treasurer Jeff Guller's ensuing statement said, "We're sorry the incident occurred. If we had known The Patio was segre gated, we would not have planned the Class Party there." He spoke for the large majority of the class who simply weren't aware that the tavern is one of the few remaining blots upon Chapel Hill's reputation for en lightenment and tolerance. For the few .students who knew The Patio normally operates on a segregated basis, there was good reason to believe that the Jim Crow rule had been temporarily suspended inasmuch as the Class had reserved the tavern. However, it has since been made clear that the class did not reserve the Patio outright, thus giving seniors exclusive attendance priv ileges. The class only got permis sion to have the party there. "There was no contract signed and no money paid or if there was I haven's seen it yet," Andrews said yesterday. The poini is, this was no plan ned move to desegregate The Patio. It was not a sit-in. It was a case of mistaken expectations. Perhaps the main lesson to be learned from the incident is that you can't take integrated facilities for granted when planning any off-campus function. In this case, however, the Senior Class planners should have known they were going into a segregated situation. In an editorial in the May 2 issue of the Tar Heel, The Patio is listed as one of the 14 local establishments which practice dis crimination. That the planners somehow over looked this information has result ed in much unnecessary harm being done. We are anxious to see what the Class intends to do to make amends. We suggest as a starter that they ask The Patio manager to consider dropping the charges. Discrimination Croak We have long felt that we here in Chapel Hill are being discrim inated against by the powers that be in the state. Another instance of this discrimination is about to be perpetrated against us. We notice in a news story in the Raleigh News and Observer that Governor Sanford has named Wade Lucas, public information officer in the Department of Conservation and Development, to line up bull frogs for a jumping contest this week in Raleigh. The best frogs will be flown to California for the Calaveras County Jumping Frog Jubilee. Bljt Sathj alar THE DAILY TAR HEEL is published by the Publications Board of the University of North Carolina, and is issued daily except Mondays, examinations periods and vaca tions. Entered as second class matter at the Post Office in Chapel Hill, N. C, pursuant with the act of March 8, 1370. Subscription rates: $4.50 per semester; $8 per year. THE DAILY TAR HEEL is a subscriber to United Press International, and utilizes the services of the University News Bureau. EDITORIAL STAFF Wayne King Managing Editor Harry Lloyd Executive News Editor Curry Kirkpatrick Sports Editor Jim Wallace Chief Photographer Diame Hile Women's Editor STAFF Mike Putzel, Sam Himes Assistant Managing Editors Harry DeLung Night Editor Mickey Blackwell, Joel Bulkley, Vance Barron Jr., Bill Wuamett Staff Reporters Mat Friedman Science Editor John Montague Asst. Sports Editor Becky Stikeleather, Sue Simo7i, Margaret Rhymes Editorial Assistants BUSINESS STAFF All of this is fine so far, and doesn't smack of discrimination, but the hundreds of weak legged frogs that will never get to see the Pacific will be distributed to Duke and State College, and none to us. With this proposed distribution we can only assume that the re jected frogs will become students at Duke and State. If this is the case we feel the distribution is fair and intelligent, having long thought the student bodies at those institutions were made up of hoppy-toed, weak-legged rejects. But if these frogs are going to the labs at these other schools, then we want our fair share. If we can't get a student union, or new dorms that aren't 100 self liquidating, or some of the other niceties that Duke and State have, then we should at least be entitled to free bull frogs. Dave Morgan . Gary Dal ton John Evans David Wysong Business Manager Advertising Manager Circulation Manager Subscription Manager Legislatures It is encouraging to see a stu dent legislature function intelli gently and without wasting time. If only the state legislature would do the same. Speaking of the state legisla ture, we notice that they met at Western Carolina College yester day. They didn't do much at Wil ington, they can't seem to do much at Raleigh and they probably didn't do much at Cullowhee. If they keep this up, they too will be abolished by the Di-Phi. Segregation: Here Are The Legal Facts By WARREN OGDEN Chapel Hill has become embroiled in the turmoil of civil right. Al most any night, in almost any dorm, bar or fraternity house, you can find highly vocal opinions on said subject. A lot of these students and teachers have decible ratings in inverse proportion to the amount they know about the subject. For the most part, they are speaking on the Theory of Relativity with out even a vague understanding of college algebra. There are two major forms of anti - segregation demonstration which we shall consider here. The first is the sit-in and the second is the mass protest. Let us con sider the latter of these first. The right of peaceful mass dem onstration was upheld in the Su preme Court in Edwards vs. South Carolina in Oct., 1962. In this case, 187 demonstrators were convicted of common breach of the peace. They were arrested while walking two abreast in groups of about 15 from the Zion Baptist Church to the state capitol in Columbia. The conviction was upheld by the State Supreme Court and reversed by the U. S. Supreme Court. The exact rights of the sit-in demonstrators will be decided by the Supreme Court in the case Avent v. North Carolina. This case came up before the Court last November after having been decided in the North Carolina Supreme Court in January of 1961 against the Negroes. Two white and five Negro students were convicted under the state's trespass statute for refusing to abide by a store manager's request ihat they leave the store's "white" lunch counter. The counsel for the students, NAACP attorney Jack Greenburg of New York, has argu ed the case on the narrow issue of whether a state's use of police power to enforce segregation that stems from a community (Durham) custom "generated" by a "complex network of state laws" violates the 14th Amednment's "equal protec tion" clause. The counsel for the state, Ralph Moody, argued that the trespass laws are strictly neutral and are not used as a weapon in the integration question. When the decision is handed down, it will provide significant basis for future litigation. In light of this, it is difficult to . see how the Court can decide totally against the state because this would make enforce-, ment of any trespass law difficult. On the other hand, it would seem likely that the Court would favor the students. It therefore seems likely that the result will be a tie with the Court deciding in favor of Avent on the basis of a Durham city statute which enforces segre gation. The opinion will probably consider this as state action rather than the owner's free choice to dis criminate. What then are the present limits? In 1960, (Boynton v. Virginia) the integration of all inter and intra state common carriers was de cided. This set the precedent for cases which decided the rights of Negroes in all bus terminals, train station, air ports, etc., to all fa cilities. Without mentioning cases, it has been held that cities do not have the right to district housing on ra cial lines, to enforce restrictive covenants in real estate contracts, or to enforce segregation in city buses, city libraries, public audi toriums, athletic events, swimming pools, beaches, golf courses, public housing, the sale of liquor, the sale of groceries, and the sale of food in a courthouse cafe. Let us now consider the next like ly step that will be taken in the courts. The next big question (al though it is not yet on the Supreme Court docket) will probably be whether state licensure of a con cern or person is a legitimate ba sis for prohibiting segregation. This has been decided in a Maryland lower court. The case was De Ange lis v. Board of Liquor License Com missioners in 1955. This declared it unconstitutional for the Baltimore Board of Liquor Commissioners to grant licenses for colored or white patronage only. When this question comes before the Supreme Court, it win provide the next milestone to expand the limits of civil rights. "You Know What? A Lot Of People Down Here Are just iriain jfreiudiced Acainst L"sT' Knur w I Letters To The Daily Tar Heel 1 Three-Man Rooms Bad For Academics AND Health m To the Editors: I do not only dispute the proposed three man room system on aca demic grounds. I protest it on the basis of health requirements. I take my dormitary room as an example. It is 17' 9" long, 11' 4" wide, and 9' 10" high. There are two . protruding closets, each 2' x 3' x 9' 10". Compare the statistics for' my room with those , given to me by the City Planning and Architectural Associates. For ' comparison I have included figures as they would be if three men were housed in this room. A. My room (Two men): 201.12 total sq. ft. 12.00 sq. ft. closet space 189.12 sq. ft., or 94.56 sq. ft. per man. B. Proposed three-man room: 189.12 sq. ft., (same as above), or 63.04 sq. ft. per man. C. Bare minimum from City Plan ning: Square foot per man as quoted by the City planning and Architec tural Associates is 85.00 sq. ft. per man! ! But square footage is only one half of the argument. Consider: A. My room: 1976.89 total cubic footage 117.96 closet volume 1858.93 cubic feet or 929.465 cubic feet per man. B. Proposed three-man rooms: Same basic cubic footage, but 619.. 643 cubic feet per man. C. Bare minimum quoted by City Planners: 807.5 cubic feet per man. On both counts, present conditions in my room are totally inadequate for three residents. Ken Robinson 314 Joyner Birmingham Background To the Editors: A friend has sent me your edi torial on our tragic racial situat cn, and I hope you will t-Lcw rr.e tj give you a little background which you haven't heard on the network or read from national newsmen far from the scene On April 2nd the voters of Birm ingham elected a new mayor and nine councnmen to replace our old form of a three-man commission. The new men were to be installed cn April 15th under the law, but the three incumbents refused to leave until the end of their terms in 1965. Both sides appealed and the hearing "is to come up before the Alabama Supreme Court on May 16th,. or soon thereafter. In the meantime Birmingham has been like a ship wallowing on a turbu lent sea without a captain. The new mayor had promised to "resolve our difficulties" upon in stallation. Local , Negroes could have waited until the new city government could act; however, Martin Luther King knew now was the time to strike for a sensational build-up of funds for his organiza tion. Therefore, the day after the election he and his cohorts moved and and began to incite hatred and lawlessness. What has happened since is well known. The reports of "brutality" sent out never mention that it is the police and firemen who have been spat on and pelted with rocks, bricks and bottles and some hospi talized. One picture showed a Life photographer nursing an ankle that had been hit by a chunk of con crete thrown by a Negro in the mob. I said it couldn't have hap pened to a more deserving fellow and that was one picture that would never make Life. One demonstration was called off by a Negro preacher because he saw at least 25 Negroes with guns. The restraint of the whites has been gratifying Our newspapers have commended the police on their patience and our leading Negro businessman, standing in his office beyond the park where the demon strations formed, said "The re straint of the police is remarkable. It could be nasty." I got to town at the tail end of the big down town spectacle when Negroes push ed whites from sidewalks and over ran even the French Room of our leading department store. I don't believe their most ardent admirers could have failed to note the 'wild man of Borneo" aspects of the ex hibition. Outsiders went to the schools and recruited students who were glad to have excitement. There were re ports of intimidation of those who didn't want to march, aiany of the children sent to the Juvenile Home fared better than at home and many parents weren't eager to get tbem out. One girl who had been sick and sent to the doctor finally had to be taken home by a deputy, as her parents twice refused to come get her. Many of us haven't agreed with the handling of the race problem in our state and city, but others should know that this last outburst would not have occurred if local people had been allowed to solve cur problems when the new city government came in. Birmingham has been used by outsiders to garn er large sums for their gain. The roadside murder was deplor able and we hate it, but the hordes of others who say they will come down will further inflame the situa tion and should be stopped up North. Sincerely yours, Irma Flinn Birmingham, Ala. Spearman Commends To the Editors: I should like to commend the intelligence, the ability and the devotion to the University display ed by the seven members of this year's Senior Class who delivered their "Parting Shots" on Tuesday evening at Memorial Hall. In my 28 years of teaching at the University I have not heard a more stimulating, perceptive and challenging program than the short but frank talks made by Miss Beth Walker, Walter Dellinger, Wayne King, Henry Mayer, Bill Imes, Mack Armstrong and Joe Craver. They have recognized many of the prob lems of the University and have spoken out clearly concerning those problems. One proof of the excel lence of the University is that it could have produced seniors of this high quality who love their uni versity well enough to criticize it. Students and faculty members who -were unable or unwilling to at tend the program should by all means be given -an opportunity to read the remarks of the speakers. I hope they will be printed and dis tributed. Walter Spearman School of Journalism By syA -GPm r-JMu Ugly Duckling Forge of Democracy the IIou r .inirontn t i vp-;. Tv Neil M u .yj mpV-vii." - - - . . -. - . . .1.1 Neil. David McKay I'uoiisners. 1 , pp. $6.75 By JIM CLOTFELTFR President Kennedy's tron k Willi v -. v-".. I ,,,- Vinj fnfimpd renewed att. t cai . tion on the ugly duckling of . -i 4- 1, Tf,.,. Federal government, uiu nuu-c Representatives. When the President's call.- f legislation in the areas of mc 1L. ah 4-Vir nrrorl ffirpitrn 'lii. t title J.1 nit cts .... iffs, civil rights, education an . 4- T - -,r.- mof nnm Ji'tptl 1 1 -u ' UlllClS, ill C 1UV,L WVilin...!. lUi, efiiVVknm rpfnsnl bv a eon son -i OIUUWV 1 . - - ' tive House, that body becomes a: I of Democracy. -t ! i..-ii IT TT. i . iviaC-Ntill siuiues uie nmiM' n . . -!.. 1 two directions nisiory, now . arrived where it is; and politic, nrtlrtnin -ttV nv- i if? Thn 1 i ii A: . . i ii tt ? . ... .., lows trie nuiit: nuin ils on in, a tbp ole democratic onran wi'la: Lilt; rcucidi uvciiinicm iw , present state, where in rel'u-ir. j 1.1 L i.1 -V TT1... . IO ruouer-siaiiip ine riwjui'; .-.- -M--w- 4-l TJM1-A ''ill ' . I 1 . pXUgltUU tllC ill CCliVl. i: 1 ! . n .1 i i- n - - J - 4- 1 ( rll t . I I'i) i i ' ; ciainieu its ciin-iciit iu . .1 1 1 A sent tne American peopie, w t mm m ra It i 1 lroo t a 3 o n Lfu in i mm hum ; the Senate and the President". YViicil muiew tidcivwn j.wiuii Jl Ll i 1- "--....- izea tne view mat ine rre-siun, i.-. a -1 :.--. .n V- i iriM rni ihshi .i it til ;in i. people, the House's sole claim t the irm n t p nr riPmnrrnrv was kliV V. -wv w ---. ' dercut. The introduction of th .rrIl ausfem mPr whi.'-h tf. K l J V . . i . J t 1 ' ' " ' ------ House had no control also rel; tively weaKenect tne represent ; tives. r 1 1 1 lTk n i"ilrin-v -v""w.i w- 4" acitru upuii, mus putting vuni- J 1 . A !' on tne aeiensive, to pass or ueua velt. tbf Snealcer nf thp. Housh a. . 7 1 Senate majority leader were chos en with the president's agreement they became subordinate to him. The Senate, MacNeil says, "surrendered most its inflict' over legislation by its agree?:.:, in substance, with what the Pru dent requested." This has been . ticularly true in the Eisenhower and Kennedy administrations. Ke nedy has inherited an "inf rr; Presidential alliance wth the - -ate." What differs most radical from the past in the Hou-e's : r--ent function, is that the Pre-i-:: is now the Chief Legislator. T: President has the all-imi! u : initiative in legislation. But different President counter different problems wi the House. Eisenhower effective used the veto as a lever to en- ;: favorable modifications in H' -bills. Kennedy has "added r.evr ii mensions to the growing iat:::'. -of the President with the II" " The emphasis put on legislate n the two presidents is different Eisenhower was willing to ha -iegislation if it did not suit hi- -sires; Kennedy more prefers l promise. The New Frontier attitude ward the House was expres-ed Kennedy's congressional h: Lawrence O'Brien: "The t" gress represents the people, ar. it's far better for the Preside!.: us to deal with Congress" than over their heads" to the peoj k . Walt Kelly Forge of Democracy is a tin -book, but perhaps unneces.-arii weighted down with detailed hi tory and obscure quotations. M MacNeil must have felt that a -1 man legislative body, with a -year-old tradition, deserved -1-' pages.
Daily Tar Heel (Chapel Hill, N.C.)
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May 15, 1963, edition 1
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