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U.M.C. Library Serials Dept. Box S?0 Chapel Hill.' Sfetar mm Today's Weather Fair and Cooler Offices in Graham Memorial CHAPEL HILL, N. C, WEDNESDAY. NOVEMBER 13, 1963 United Press International Service I Mr I 1 III II II Gag Law Labeled ' G onstitutionally Suspect' By Pollitt By KERRY SIPE North Carolina's controversial Speaker Ban law is "constitution ally suspect," a noted UNC con stitutional law professor says in an article to be published in the December issue of the North Carolina Law Review. The law "raises serious prob lems under the constitutional guar antee of free speech, under the constitutional guarantee against ielf-incrimination, and, because of its vague and nebulous terms, un der the due process clauses of the Constitution," said Daniel H. Pol litt, professor of Constitutional Law in a treatise entitled "Cam pus Censorship: The North Caro lina Visiting Speakers Law." Pollitt is a noted member of the law school faculty who has had extensive experience in the Unit ed States federal court system. "He is well qualified to have an opinion on the subject," re ported retiring Law School Dean Henry Brandis, Jr. Pollitt's article is the first known legal analysis of the law by a lawyer outside of the N. C. State Attorney General's office, which previously ruled the law constitutional. The article is a comprehensive outline of the history and effects of campus censorship in the Unit ed States. 'The last place in a democracy to expect restrictions of the thinking process is in a university or college," says Pol litt. "Yet the censorship of ideas in such institutions is not rare. , "In the decades prior to the Aycock Approves Faculty Changes Four leaves of absence, two promotions and four faculty ap pointments were recently ap proved by Chancellor William B. Aycock, President William C. Friday and the Board of Trus tees. Dr. Jack Newton Behrman will join the faculty in Janu ary as a professor in the School of Business 'Administration. , Dr. Maxwell L. Harrison, pre viously a research associate at UNC, will be an associate pro fessor in the School of Dentist try. Dr. George Allen Coltrane of High Point, will begin as assis tant director and professor at the Institute of Government Fri day. Raymond B. Jenkins was pro moted from instructor to assis tant professor in the School of Med'cine; and Dr. George Nich olson, chairman and professor in the Department of Statistics, Mark Van Dor en Speaks Tonight Mark Van Doren, winner of the Pulitzer Prize for the most distinguished poetry in 1939, will present the Weil Lecture on American Citizenship tonight at 8 p.m. in Hill Hall. Invitations have been extend ed to about 1,700 members of the UNC faculty, trustees of the Consolidated University, state legislators, State Supreme Court justices and members of; the Weil Family in Goldsboro and Wilmington. The Weil Lecture was endow- I ea Dy tne late Sol and Henry : Weil of Goldsboro. The first t lecturer was WJCUiam Howard I Taft. I WUNC Radio (91.5 FM) will broadcast the lecture at 8 to- night. It is entitled "Classical Education in the Development of Citizenship Today" and will be rebroadcast at a later time, yet undetermined. Van Doren. whose "Collected V T mm. -oems won international hon ors in 1939, said his lecture will consist of "a reading of poems with talk and commentary' The 69-year-old poet, author Md teacher was born in Hope, iil-, and was educated at the university of Illinois and Col umbia University. As a faculty number at Colombia, he taught English for nearly 40 years." He ? foJer literary critic and me critic of The Nation mag- Civil War, professors were dis charged because of senti ments for or against slavery. Af ter the Civil War, "' and even into the twentieth century, teaching the theory of evolution resulted in the discharge of many faculty members ... In 1396 professors were discharged because they vot for William Jennings Bryan." The list goes on and on. "The advance attempt to pre vent unlawful speech will also prevent lawful speech upon an erroneous prophecy that the would be speaker intends to engage in unlawful incitement . . . "The 1963 statute is constitu tionally suspect for yet another reason . . . The federal constitu tion expressly provides that "no person ... shall be compelled ... to be a witness against him self.' When a state seeks to com pel a person to be a witness against himself by denying rights otherwise available, the state is seeking to amend the Constitution, and in a fashion not contemplat ed by its framers." Pollitt summarizes his com ments with a quotation from the New York Times: "Universities are not designed to shelter students from ideas, but to expose them to clashing viewpoints under circumstances that will help them make reason ed evaluations of what is sound and what is false in each . . . The best way to build apprecia tion of democratic traditions in our colleges is, as we have often observed, to practice them unreservedly." was approved for a salary in crease. Leaves of absence were grant ed to the following: Kenan Pro fessor of Statistics Harold Ho telling was granted a one-year leave, beginning Feb. 1, 1964, to help develop a statistics pro gram at the University of Bue nos Aires. Dr. Frederick N. Cleaveland, chairman and pro fessor in the Department of Political Science, will leave Feb. 1, 1964 to join the senior staff of Brookings Institution in developing of public administra tion programs for Latin Amer ica. Dr. James B. Meriwether, as sociate professor in the Depart ment of English, is now doing research in England, and Dr. Eugene Charles Luschei, assis that professor in the Dept. of Philosophy, will serve as visiting professor at Pennsylvan ia State University this spring. His first volume of verse was published in 1924 and he ven tured into the field of writing novels in 1935. Forty years after receiving his doctor of philosophy degree from Columbia, he was award ed an honorary degree of doctor of letters for "rare scholarship, gifted teaching and the creation of verse and prose which have enriched our language." Van Doren has been describ ed as unlike the once popular ception of a poet. "For him no cloistered life or poverty in a garret," stated one account of his life. "His is the moderate success story of many Ameri cans." Van Doren has recognized there are exceptions, but he con siders the best physical condi tions for writing poetry as "neither too much comfort that wealth could purchase not too little." $240,600 APPROPRIATION Training teachers to instruct the "teachable" mentally retard ed child is the objective of a $240,600 appropriation to the Uni versity's School of Education. Part of Senate Bill 384, the Mental Health Bill, appropriated $1,800,000 in state funds for medi cal research, education of chil dren and teachers, and new fa cilities for mentally retarded children. Seven Fraternities To Discriminatory By PETE WALES Seven of the 23 social fraterni ties at UNC admit to having mem bership clauses discriminating either by race or by religion. Another four have a "socially acceptable" clause that is used to discriminate in some cases. This clause says that the national fraternity, of which the chapter is a part, must approve all mem bers. Three of the seven sororities here say they have no discrimi natory clause. The other four re plied that they would not dis cuss the- matter without specific permission from their national office because membership re quirements are secret. UNC policy on discriminatory clauses states that no fraternity may establish a chapter here that has such a clause, accord- ing to Dean of Men William G. jong. However, chapters already es tablished on the campus may have the clauses. Neither the Inter-Fraternity Council nor the Pan-Hellenic Council has any policy on the clauses, according to respective presidents Charlie Battle and Peg gy Ann Harris. "It's up to the individual houses as to what they want to do," Bat tle said. The information came from a recent poll of fraternity and soro lity presidents on discrimination, if any, in their houses. The poll was prompted by the actions of two colleges which closed their sororities this fall, charging the sororities were prac ticing racial discrimination. Portland (Ore.) State College suspended its six sororities when two Negro grils were cut by all six sororities in the first round of rush. The two girls were referred to as "eminently qualified" and "the kind of pledges all sororities are looking for" by college President Branford P. Miller. The Negro girls were two of four to be cut in the first round. There were 115 girls rushing. Chapters of Delta Delta Delta and Pi Beta Phi were among the six suspended in the action. They protested that "to yield to facul ty pressure eliminates all free dom of choice." Pi Beta Phi was one of the three UNC sororities to reply that they had no national discriminatory clause. An incident similar to the one in Oregon occurred at Williams Ccl'ege in Massachusetts four years ago involving Beta Theta Pi. The fraternity has no national discriminatory clause, but the Wil liams chapter went local when it was compelled to take a Negro boy. It was felt that the college infringed upon the fraternity's free dom of choice of members. Ne groes and non-Christians ar6 mem bers of other Beta chapters. The second sorority case this year occurred at Long Beach State College in California where the administration withdrew rec ognition from six of the seven sororities for disobeying campus rushing rules. The college charged that the sorority was rushing off campus to avoid compliance with a non discriminatory rule effective next September The rule was passed by the trustees of the California state colleges. One of the six sororities was Delta Delta Delta which has a chapter here and was among the four sororities who declined to reply to the Daily Tar Heel poll. The fraternity discriminatory clauses break down into several categories. Three fraternities, Phi Delta Theta, Kappa Alpha and Alpha Tau Omega said they have clauses limiting membership to "white Christian males." Another fraternity, Pi Kappa Phi, has a clause prohibiting Ne groes and non-Christians, but spokesmen said they could not reveal the wording of the clause. The Phi Delts said they are in the process of removing their clause. They passed a resolution to repeal it at their summer conven tion, but it must be passed again next year before it goes off the books. Sigma Nu has a clause dis criminating by race,- but non . Christian members are permitted, according to President Thompson Mann. Kappa Sigma and - Sigma Chi have no clauses discriminating against Negroes but they are limited to Christians. However, there are no Ne- Membership Clauses Organization Fraternities: Alpha Tau Omega white Christians only Beta Theta Pi none Chi Phi "socially acceptable" to national Chi Psi none Delta Kappa Epsilon - none St. Anthony Hall "socially acceptable" to national Delta Upsilon none Kappa Alpha white Christians only Kappa Sigma Christians, "socially accept able" to national Lambda Chi Alpha none Phi Delta Theta white Christians only Phi Gamma Delta "socially acceptable" to national Phi Kappa Sigma none Pi Kappa Alpha none Pi Kappa Phi secret clause against Ne groes, non-Christians Pi Lambda Phi none Sigma Alpha Epsilon ' "socially acceptable" to national Sigma Chi Christian, "socially acceptable" to national Sigma Nu whites only Sigma Phi Epsilon none Tau Epsilon Phi none Zeta Beta Tau none Zeta Psi none Sororities: Alpha Delta Pi Declined to say Alpha Gamma Delta none Chi Omega Declined to say -Delta Delta Delta Declined to say Kappa Delta Declined to say Kappa Kappa Gamma none Pi Beta Phi none Based on survey of local chapter presidents gro members in any of the na tional chapters while there are some Jewish members. Both houses must have mem bers approved by the national office and no Negro members have come up as yet. Jewish and other non-Christian boys who profess a belief in Christ are admitted under the religious clause. Other houses with "socially acceptable" clauses are Sigma Alpha Epsilon, Phi Gamma Delta, Chi Phi and St. Anthony Hall, v Of these, the St. Anthony Hall national fraternity is the only one with Negro members. The Yale chapter pledged and initiated a Negro member four years ago without letting the na tional office know the boy was a Negro. Brothers at the University of Virginia chapter flew up to Yale to protest because they had not had a chance to accept or reject By JEM NEAL "We try to protect the students from themselves." This was the consensus reach ed by University and Chapel Hill law enforcement officers Monday night in WUNC-TVs "Encount er." "If a boy is on the street, and he's been drinking, we try to persuade him to go home, or we try to get a friend to take him on home. If he argues, or if he's too drunk to understand, and refuses to go home, we have to arrest him for his own good. We try not to have to arrest any student." According to Chapel Hill Police Chief William D. Blake, this is the way the police" department tries to handle one situation in which students sometimes . run afoul of the law. "Encounter" is a weekly show which discusses student's "Minds, Manners and Morals." . The topic under discussion this week was "The Student and the Law." "What about violations of the law which can't be condoned as a mere prank?" the three-man panel was asked by moderator John Clayton, professor in the RTVMP department; Judge, Ad mit Clauses Membership Restrictions the boy. The Virginia alumni told their chapter that if another Negro was pledged by any chapter, the house would be taken away. Thus when two Negro boys went through rush at St. Anthony Hall here this year, they were neither passed nor blackballed. The three sororities who re plied to the poll, Pi Beta Phi, Kap pa Kappa Gamma and Alpha Gamma Delta, all have non-Christians in some of their chapters. Alpha Gamma Delta has had Negro members and one Pi Phi chapter once had a Japanese girl. A recent survey by the Associat ed Press showed "a conspicuous absence of Negroes in most of the nation's fraternities and sorori ties." The three predominantly Jewish fraternities here, Zeta Beta Tau, Tau Epsilon Phi, and Pi Lambda Phi, have no discriminatory clauses. Cobs Campus Safety Officer Arthur Beaumont answered, "If a boy is arrested, whether by one of my campus policemen, one of Chief Blake's town policemen or by any of the other authorities, I'm called. "If it looks like the boy may have to make bond, I call Dean (of Students William) Long, and he makes bond for the boy. If the boy is from out of state, or he's in bad trouble, we try to persuade him to call his parents," Beaumont said. Then if he needs one, "we try to help him get a lawyer." "Frequently, this is his first contact with a court," Chapel Hill Recorder's Court Judge William S. Stewart said. "We try to give the students the impression they are being delt with fairly, but we like to think we deal with them firm ly. There is a law there, and it must be obeyed." Judge Stewart said. Beaumont said there is no prob lem with student parking, be cause "we reserve the campus for staff and faculty parking." He said students may park in the big Bell Tower lot, and in other lots off the main campus. Aycock Says O W on9t Against SiDeaker Ban 4 Cubans Shot HAVANA (UPD Four more Cubans were executed by Cas tro firing squads Tuesday as "CIA agents." The execution brought to High Priest Of Love Scandal Roars LONDON (UPD A coroner adjourned for a month Tuesday an inquest into the mysterious death of a raven-haired "high priestess of love" after disclos ing that an attempt had been made "to interfere with and intimidate my officers in execu tion of their duty." Soviets Worit Withdraw Cuba Troops MOSCOW (UPD The gov ernment newspaper Izvestia said Tuesday night the Soviet Union never promised the Unit ed States to withdraw all Rus Convoy Is Cleared BERLIN (UPD The Rus sians today ' cleared a U.S. Army) convoy through check points at both ends of the "West Berlin-West Germany highway with only slight delays even though its commander refused to make it easier for them to count his troops. Negroes To Receive Too TV Roles CLEVELAND, Ohio (UPD A top CBS television official said Monday night that Negroes are going to receive more key rol es in television programs. Public acceptance of pro grams dealing with the Negro 3 Houses Fined On Pledge Rule Three fraternities were fined and placed on probation in an IFC trial Monday night for vio lation of the "bull-pledge" rule. Delta Kappa Epsilon and Zeta Psi were found guilty of failure to register a party with the Dean of Men's office and with having members who were scholastically ineligible, at the party. Phi Delta Theta was found guilty of having members who Give Students Blake said the town does have a parking problem, partly be cause of the number of student automobiles, and the town is now buying three lots on Rosemary Street to take care of off-street parking. Judge Stewart said parking vio lations are not a concern of his court, unless the violators ignore notices to pay the fine. Then, he said, "they find it is a bit more expensive than it would have been if they had paid the dollar fine in the first place." Chief Blake said he didn't find young people were such bad driv ers not any worse than anywhere else there are 10,000 people. But Judge Stewart said the vol ume of motor vehicle violations has grown to the point that he now has a full day set aside in court to try nothing but traffic violations. He said the Record er's Court has grown from enc-day-a-week to twice a week. "We spend more time on motor vehicle violations than on any other," the judge said. Chief Beaumont explained that there are 15 full-time campus policemen and seven guards, all of whom are sworn into the town force. In case of emergency, he Halt Protests WORLD NEWS BRIEFS As 6 CI A Agents9 nine the number of "CIA agents" who faced firing squads in less than a week. Five men were executed last Friday. All were Cubans. The disclosure intensified the mystery surrounding the case of Julie Molley, 24-year-old Italian-born beauty whose death Nov. 2 touched off re ports of a sex-and-drug ring with overtones of blackmail in high places. sian troops from Cuba. It said the question of Soviet troops in Cuba "is a problem between the Soviet Union and Cuba" and no one else. Without Trouble Dispatch of the 54-man convoy from West Berlin was seen as a test of Soviet intentions on Testem Allied access routes. .-r. -It was the first sizable Ameri can convoy that could have been challenged by the So viets since they held up another convoy last week. has been good and advertisers are urging that more Negroes be given key television parts immediately, Michael II. Dann, vice president of the CBS tele vision network for programs, said. were scholastically ineligible at a party. DKE and Zeta Psi received $150 fines and the Phi Delts $100. All three houses received a suspended sentence of social probation for the semester. This means that if they violate the rule again they will receive au tomatic social probation. The social probation sentences were suspended because the houses turned themselves in. said, all his men could be used by the town. He said the town police patrol the campus in their automobiles, and may be called onto the campus in case of need. Blake said his men stand by in a tense situation, and are on call if they are needed. He said the town police have found that too many police on the scene add to the excitement of any situa tion, and so they try to keep from being too obvious. Blake said his men are trained to handle large crowds or mobs, and that most of them are experienced. Dr. Clayton noted that student riots have been going on for a long time, and asked if this seem ed to be a regular part of stu dent life. Beaumont said he thought it had something to do with working off energy and mentioned the better pep-rallies now being held as a reason for fewer riots on the campus. "Your presence at an illegal gathering makes you a partici pant," Beaumont said. He added that if there is trouble, people standing around are just as re sponsible as the people who ac tually brought the trouble on. 6 o o 71 iiciai Despite Whitley Threat Chancellor William B. Aycock said yesterday university offi cials would continue to oppose the controversial speaker ban law as "injurious to the state." Aycock made the remark in reply to State Sen. Adam Whit ley's charges that if university officials continued to criticize the anti-Communist law it would result in election of UNC trus tees "willing to carry out legis lative policy." "When we do not work against something we think is injurious to the state, then I think we are derelict in our duties," the chan cellor said. Whitley, from Johnston Coun ty, defended the law Monday night and said it had the support of the "great majority" of the people of North Carolina. "I'm sick," he said, "of hear ing university officials praise the legislature on one side of their mouth for giving them the money they asked for and out of the oth er side of their mouth criticize us for passing a law approved by the great majority o the people." Whitley said he had heard much praise of the Legislature for pass ing the law, adding, "Not one single person in my district has ever told me that he's against it." He said the only opposition he has noted was in the newspapers. He particularly took to task Chancellor Willam B. Aycock for a speech made during the week end and described Aycock's re marks as "just big talk." In a statement to the university board of trustees recently Ay cock said he knew of no violation of the original "gag" law adopt ed in 1941 and also claimed he does not know of anyone who has knowledge that the law has been ignored. Whitley said UNC officials "con tinue to talk about the rights and necessity of academic freedom, but I haven't heard a single one of them say one word about the responsibilities that co with aca demic freedom. "The Legislature has the au thority to direct how the state institutions are to be run and we need no assistance from Mr. Ay cock or other university officials," Whitley added. UNIVERSITY PARTY The University Party's Execu tive Committee yesterday an nounced the appointment of Geo rge Lumbardner to a Legislative vacancy in Town Men's II. Break On the subject of fire-crackers, Beaumont said the problem "has kind of gone out." He said, "When your mother called, and the phone was out because your buddy had blown it off with a cherry bomb, it wasn't funny any more." There has been remarkably lit tle trouble with vandalism this year, Beaumont said. He attribut ed this to the higher admission standards now in operation, and said the danger of vandalism is discussed at orientation and dis couraged. ' Beaumont said there are very few serious crimes on the cam pus, and that most of these are by people who weren't really ready to come to college in thc first place. "If they act like men, we treat them like men,' Beaumont said. When someone does get into trouble, campus authorities try to persuade him to call his parents himself, Beaumont said. If the person doesn't want to call his parents, it is up to the Dean of Students what to do about com munication, he said. Parents are notified when their children get in trouble so that they can help protect the students, Beaumont said.
Daily Tar Heel (Chapel Hill, N.C.)
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Nov. 13, 1963, edition 1
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