Page 4
of non-attendance at meetings
for the past two years. The edi
torial was not kind to Judge
Phipps, and the Judge conclud
ed his reading by pointing out
that it was a good tiling he had
a sense of humor, too.
He explained, in the first
place, that Mr. Kerr had not left
the Board of Trustees because
he didn’t attend meetings for
two years. He left because his
eight-year term had expired. He
had not, in fact, the Judge said,
attended a meeting of the Board
of Trustees for two years, but
this was not the reason he left
the Board. In the second place,
Mr. Kerr had been operated on
for cataracts, “the same as me,”
and was having trouble adjust
ing to near blindness and diffi
cult glasses.
In any case. Judge Phipps
said, Trustees were nominated
by “horse-trading" votes, that
he had been supporting Mrs.
diaries Stanford of Orange
County for a position on the
Board, and that he had “horse
traded" the' nomination of Mr.
Kerr for support of Mrs. Stan
ford.
“So, Mr. Editor, you don’t
know what you’re writing about
every time you write.”
Judge Phipps said he had join
ed the American Legion in 1919;
that he had always been against
any form of subversion; tty the
American Legion's American
ism Committee, later the Amer
icanism Commission, had been
formed after four Legionnaires
had been “shot down and kill
ed” by subversives during an
Armistice Day parade in Cen
tralia, Washington, in 1919
(“We called 'em Bolsheviks
back then”); and that since that
time the Legion had passed a
number of resolutions calling
for legislation prohibiting known
communists f rom speaking at
state-supported institutions.
He said FBI director J. Ed
gar Hoover had issued public
warnings in 1946 about the Hus
sions’ desire to dominate the
world, in 1960 about the threat
of Castro's Cuba, and in 1962
aoout subversion in this coun
try. In the summer of 1962
Cnapel Hill Post 6 of the Amer
ican Legion had passed what
came to be known as the Royall
Resolution, originated by Col.
Henry Royell, then chairman of
the Post 6 Americanism Commis- i
sion, asking for an investigation
of the New Le.t Club and the
Progressive Labor Club at the
University. President Friday
and UNC Chancellor William Ay
cock had said at that time that
they knew of no communist cell
or organization on the campus.
“That pleased me immensely,
that they could make a state
ment like that,” said the Judge.
But Col. Royall apparently
had not been satisfied with
President Friday's and Chancel
lor Aycock’s assurances of a
Red-free University, the Judge
went on. Col. Royafi’s resolution
was subsequently presented to
the executive committee of the
North Carolina Department of
the American Legion. Another
resolution indicating the Legion’s
concern with communism was
adopted at the convention in
Charlotte last June at which
Judge Phipps was elected De
partment Commander. Similar
resolutions had also been adopt
ed in North Carolina and else
where in ' the country.
After Having been elected De
partment Commander. Judge
Phipps said, he went back to
Raleigh for the last three days
of the 1963 legislative session.
He explained how the Speaker
Ban bill, House bill 1395, was
introduced aid passed in the
House. He then read the bill.
Judge Phipps said the news
papers were wrong in claiming _
that it had only taken four min
utes to pass the Speaker Ban
Law. “I don't know how long
it took twenty minutes, thirty
(laughter, hissing)
but bear in mind that it took as
long as 120 members of the House
wanted it to take.”
Judge Phipps explained that
the University Trustees were
charged with .enforcing the
Speaker Ban Law, but that there
was no penalty attached to it,
it was not a criminal law, “and
that’s why I said I don’t know
If it has any merit. But it does
carry out the thinking of state
and national departments of the
American legion on commun
ism.”
Subsequently, Legion support
of this view of communism and
what to do about it from Legion
posts all over North Carolina
reached Judge Phipps. “I have
been put in the position of hav
ing to support the bill as Com
mander of the American Legion”
because the State's various posts
had made their wishes known on
the matter. “I think I would
have voted for the bill anyway.”
A member of the University
faculty had called him before
his speech last night, he said,
and had advised him not to go
to Gerrard Hall and tell stu
dents he was in favor of curb
ing freedom of speech.
“I’m not in favor of curbing
freedom of speech . . . The law
does not prevent any faculty
member from teaching about
communism.’*
He said the North Carolina
—Judge Phipps Discusses Gag Law—
(Continued from Page 1)
State Board of Education had
prepared a guide lor teaching
about communism in the schools,
and that a recommendation to
this effect had been included in
his bill, presented to the Legis
lature during the past session,
which would have made it man
datory that American govern
ment be taught in State public
schools. The bill was killed, he
added, “because the chairman
of the State Board of Education
said he had no teachers quali
fied to teach American Govern
ment in the schools.”
Judge Phipps praised Senate
President Clarence Stone, point
ing out tiie ways in which Sen
ator Stone had helped the Uni
versity. He contrasted House
Speaker Clifton Blue’s patience
in letting all legislators talk as
much as they wanted with Sen
ator Stone’s reputed “fast gav
el” method of presiding; and
he pointed out that Senator
Thomas White, another support
er of the Speaker Ban Law,
usually was in his legislative of
fice by 5:30 in the morning and
rarely left the building until 6
in the evening. “The newspap
ers never told you that ... I
couldn’t do that. I didn’t repre
sent this county that well.”
Winding up. Judge Phipps
said he thought the 1963 Legisla
ture was one of the most dedi
cated group of men he had ever
seen, and that the people owed
them a debt of gratitude, par
ticularly considering the low pay
legislators got. If the legislature
had made a mistake in passing
the Speaker Ban Law', then
there would be another legisla
ture in 1965, and if enough sup
port for repeal of the law could
be mustered, “then that’s what
the legislature’s meeting for.”
He said he thought 75 per cent
of the people in the State were
for the Speaker Ban Law. He
concluded that the "thing that
really concerned” him was that
the newspapers that criticized
the backers of the Speaker Ban
Law never said a word against
communism.
After a short intermission,
during which the audience thin
ned somewhat, written questions
were submitted:
Question: In his University
Day speech recently, Paul
Green said that a child is weak
ened by being oversheltered;
that in order to learn, children
must stretch their muscles; and
didn’t Judge Phippps think the
Speaker Ban Law showed a lack
of confidence in the aims and
ideals of our Democratic so
ciety?
Judge Phipps said Paul Green
was a good friend of his and he
wasn’t going to criticize him on
this or any other law.
In answer to another question,
Judge Phipps said he thought
there were people in the State
who were convinced that a com
munist influence was at work
in Chapel Hill. He read a letter
he had received from Rep. Ned
Delemar, one of the introducers
of the Speaker Ban Law in the
legislature, in which Rep. Dele
mar said he was distressed at
the current change in young
people’s thinking about God and
country, and that he had intro
duced the bill because he felt
that too many young people
were not being given “both sides
of the story” because too many
“le t-wingers” were being al
lowed to speak at State-support
ed institutions.
Q: Do you object to the pres
ence in the University Library
of books by communists, and if
not, how do books by commun
ists differ from communist
speakers?
A: Judge Phipps had not ob
jected to books. He had already
said that the law did not pre
vent teachers from teaching
about communism, and that
there were a lot of books on the
subject that could be used.
Q: Then what is the difference
between speakers and books?
A: Judge Phipps saw a ’ con
siderable difference” between a
book and a speaker.
Q: Would a communist do
more damage as a speaker than
as est author?
A: Judge Phipps though yes,
because a speaker was in a po
sition to answer specific ques
tions. “We always get more from
hearing a sermon than from
reading one.”
Q: Would you oppose speakers
who were members of the Am
erican Nazi Party or the Ku
Klux Klan?
Judge Phipps: “My grand
father was a member of the Ku
Klux Klan.” He described a
cross-burning in the yard of
Chapel Hill Alderman Hubert
Robinson some years ago after
Mr. Robinson refused to allow
“a known communist working
in Chapel Hill” to teach com
munism to Negroes in the Ne
gro Community Center. Wheth
er the cross-burning was the
work of the Klan was question
able, Judge Phipps said, and
concluded that he didn't believe
he would classify the Ku Klux
Klan with some other extreme
organizations he knew of. He
had no sympathy with the Nazi
Party, however, he added.
When asked about scientific
meetings on the University cam
pus which included communists,
Judge Phipp6 repeated that the
Trustees were the enforcers of
the law, that no penalty was at
tached to the law, and that the
Trustees should use their dis
cretion in enforcing the law.
“I don’t see any prohibition
against scientists.”
He said he thought Dr. J. B.
S. Haldane, a world-renowned
biologist who recently declined
an invitation to speak here after
being asked to clarify his past
relationship with the communist
party, “would have been al
lowed to come if he had signed
the questionnaire promulgated
by the Board of Trustees.”
. Q: Why did he vote for the
Speaker Ban Law in the Legis
lature?
Judge Phipps: He had voted
for it, he said, because he had
just been elected State com
mander of the American Legion,
which favored such legislation,
and “1 thought such a bill would
not hurt any State-supported
school or university.”
Q: What were his personal
reasons for supporting the law?
Judge Phipps said he had
been “bitterly opposed to all
subversives since 1919.” He also
said he thought that if the word
“communist” in the law had
been replaced with the word
“subversive,” none of the cur
rent controversy over the law
would have arisen.
Q: Did you represent Orange
County or the Legion in the
Legislature?
Judge Phipps: “I resigned
from the legislature when I
took elective office in the Am
erican Legion. I think my train
ing, as a member of a church,
as a member of a civic club,
as■ a member of a social fra
ternity on this campus, and as
a member of an honorary fra
ternity; all influenced my think
ing. I voted in the best interests
of all the people in North Caro
lina,” and, on some bills, in the
specific interest of Orange Coun
ty, “I did not vote on anything
on which I voted without think
ing."
—Aldermen—
(Continued from Page 1)
sulfation with members of the
Merchants Association permits
required parking to be located
within 1,000 feet of the business
it serves, rather than the 600 re
commended by the Planning
Board. The new limit would the
oretically permit parking on the
north side of North Street to
serve businesses on Franklin
Street.
Otherwise, parking require
ments remain largely unchanged
from the Planner's recommenda
tions: one space for each 400
feet gross commercial floor space
for stores, restaurants, offices;
one space per bedroom for hotels
and motels, with ten per cent of
the total permitted for use in
connection with other activities.
In other business the Aider
men were told that bonding at
torneys had given the opinion
that bonds for the Town’s first
off-street parking could not be
approved without clear title to
the property being used.
The property of Mrs. Frederic
Coenen, one of three lots on East
Rosemary Street being held und
er option, is occupied by three
sets of tenants who hold an oral
lease on the property until next
June. The oral lease constitutes
an encumbrance of title Mayor
Sandy MeCjamroch j said Mrs.
Coenen had informed him that
her tenants would move if satis
factory quarters could be found
elsewhere and if the Town would
defray their moving expenses.
Mrs. Coenen had leased the
house standing on her property
after the Town’s option had ex
pired without renewal July 15.
Both she and Walter Creech told
the Aldermen last week they
would sell their property. How
ever, both felt they had suffered
loss of income by delay of the
Town’s purchase. The Aldermen
agreed to price increase of SI,OOO
on Mrs. Coenen's property, $1,500
on Mr. Creech’s, to cover income
loss.
The Aldermen also:
—Discussed a new ordinance
regulating driveway connections
in the Planning Area.
—Accepted a bid of $3,513 for
two new patrol Cars from Har
riss-Conners Chevrolet.
—Voted members of the Chap
el Hill Police Department SIOO
each in overtime pay for services
during the demonstrations of
last summer.
—Referred to the Cemetery
Committee recommendations for
revision of permissible size and
placement of grave markers.
—Amended the Town plumbing
code to reflect revisions in the
State Plumbing code.
UNDERWRITERS SEMINAR
Arthur Deßerry Jr., C. L. U.,
of Chapel Hill, is among 45
Northwestern Mutual Life In
surance Co. agents from Vir
ginia, Maryland, North Caro
lina, West Virginia, and the Dis
trict of Columbia who will attend
a special advanced underwriters
seminar at the Marriott Key
Bridge Motor Hotel in Wash
ington tomorrow and Friday.
THE CHAPEL HILL WEEKLY
—Community Chest Campaign—
(Continued from-Pago 1)
CAPTAINS; William Locke,
William Ta;’-»r, Ralph Penniall,
Miss Geraldhie Gourley, Dr.
Joseph DeWalt, Dr. Bennie Bar
ker, Dr. Syd Alexander, Miss
Sarah Virginia Dunlap, Miss
Martha C, Davis, Dr. Paul Bun*
ce, Dr. Frank Kane, Russell
Chambers.
BUSINESS DIVISION
QUOTA: $12,000
CHAIRMEN: Bob Boyce and
Bob Simpson.
CAPTAINS: Ronnie Man nr
Thomas Gardner, Gus Gesell,
Thomas Hannafard, Byron Free
man, Dr. Andy Miketa, Peg
Owen, Ace Robbins.
MAIN CAMPUS DIVISION
QUOTA: SB,OOO
CHAIRMEN: Sim Wilde and
Earle Wallace.
CAPTAINS: Miss Barbara
Webb, Mrs. Ophelia Andrew,
Miss Orpah Cummings, Mrs.
Louise Ritchie, Mrs. Joe Nagel
schmidt, Mrs. Margaret Haskell,
Mrs. Virginia Wells, Mrs. Eve
lyn Graham, Mrs. Frances Well
man, Mrs. Douglas Fambrough,
Raymond Strong, Dean Norval
N. Luxon, R. Thomas Phillips,
Mrs. Laura Warren, Mrs. Gladys
Dimmick, Nancy Honeycutt,
Mrs. Mary Wamock, Dr. John
D. Eyre, Mrs. Blanche Critcher,
Mrs. Mary Davis, Dr. Joffre L.
Where The Chest Money Goes
Girl Scouts $ 5,000.00
Boy Scouts $ 9,000.00
Chapel Hill Recreation Commission $ 4,000.00
Carolinas United $ 2,000.00
American Red Cross 511,860.00
Association for the Aging —I $ 100.00
Animal Protection Society $ 1,000.00
Holmes Day Nursery $ 5,000.00
Y-Teens : $ 2,207.00
Expenses $ 2,845.00
Total $43,012.00
—Pete Ivey’s Town & Gown —
(Continued from Page 1)
Venable, later President of the
University.
Despite the fact that he was
into everything on the campus,
there was one organization that
Will Kenan failed to join, at
first. That was the 'feiee club.
He was, as he admitted, a poor
singer. When barbershop quar
tets assembled in foursomes,
few were the times when any
• one asked him to be a fourth.
To make his representation in
extra-curricular activities com-
Research Grants
For UNC Projects
Research grants totaling $49,-
080 have been awarded by the
U. S. Public Health Service for
three projects at the University
here.
For heart research, the Na
tional Institutes of Health has
assigned $11,432 to Dr. James
L. Coke, chemistry professor,
for a study of alkaloid reactions.
NlH’s division of arthritis and
metabolic diseases is putting
$23,376 into a study of organic
non-electrolytes secreted by the
kidney. The grant was made to
Dr. Lawrence Rabinowitz. as
sistant professor of physiology
in the School of Medicine.
The Bureau of State Services,
with an interest in water sup
ply and pollution control, ap
proved $14,272 for a direct gas
chromatography study of organ
ics in water. Dr. Charles M.
Weiss, professor of sanitary en
gineering in the School of Pub
lic Health, is the recipient of
the grant.
The Public Health Service
last month set up nearly s6l
million for about 2,000 research
grants and 445 fellowships.
GARDEN CLUB MEETING
"Garden Arrangements” by
Mrs. John Allcott is to be the
subject of the first workshop of
the season of the Chapel Hill
Garden Club to be held Friday
from 10 a.m. to noon at the
Community Church. All interest
ed guests are welcome. Mrs.
Allcott has had long experience
, with flower arranging and has
been very successful with
church arrangements in a mod
ern setting. .She possesses orig
inality of ideas and has used
simple materials with much
skill.
CHURCH WOMEN MEET
All women of the community
are invited to an open meeting
of the Council of United Church
Women on Friday, November 1,
at the Community Church at 12
noon. Those who attend are ask
ed to bring a sandwich. Coffee
and dessert will be provided at
the church.
WALKER’S FUNERAL HOME
The Home of Service J. M. Walker, Manager
Ambulance Service Day or Night
120 W. Franklin St., Chapel HU —Telephone 94248*1
Coe, Webb Evans, Charles Dolan,
Miss Dena Neville, Mrs. Sally
Coe, Jon Harder, Mrs. Elizabeth
Buice, Kermit Williams, Ross
Scroggs, Dr. Henry Thomas, Dr.
Eugene Lehman, Jim Milligan,
Melson Callahan, Sandra Beasely,
John Saunders, Tony Jenzano,
Frank Hollowell, John Cox, Gale
Winslow, E. W. McKnifJit, Max
Saunders, Malcolm McGi rt,
Claude Shotts, Walter Moses.
NEGRO DIVISION
CHAIRMEN: R. D. Smith,
C. A. McDougle, Hubert Robin
son.
CAPTAINS: Mrs. Geraldine
Caldwell, Mrs. Lina Foushee,
Miss Rosa McMaster, Mrs. Char
lie Lassiter, Mrs. Helen Hines,
Thomas Purefoy, Herman Bur
chette, Mrs. Helen Edmonds,
Hillard Caldwell, Mrs. Jimmie
L. Hunter, Mrs. Alberta Watson,
Mrs. Martha Williams, Mrs. Inez
Minor. Mr. 4c Mrs. Garland Fcu
shee, Mrs. William Scott. Leroy
Cfark, Jr., Mrs. Emma Atwater,
A. D. Clark, Stephen Edwards,
Charlie Maddox.
CARRBORO DIVISION
CHAIRMAN: Reverend Calvin
Rains.
CAPTAINS: Mr. & Mrs. A. B.
Poole, Wiley Franklin, Marvin
Davis, Mrs. Jesse West.
pletely 100 per cent, Kenan went
to see the director of the club
who was also a professor of
Latin.
Kenan offered to put on a spec
ial show at intermission be
tween the songs at the glee con
cert. It was a gymnastic exhibi
tion, the William Rand Kenan i
Tumblers. One of the tumblers
was Charles 5. Mangum, who
sang tenor in the glee club, and
was willing to tumble at inter
msision.
The glee club director was re
luctant at first. But Kenan was
persuasive. The tumbling act
went on, and Kenan won mem
bership in the University of
North Carolina Glee Club.
* * *
How prices have gone up, on
everything, in the last 36 years
can be shown in what it took to
build Kenan Stadium in 1927,
and what it cost to add to it in
1963.
William Rand Kenan Jr. gave
$275,000 for the original stadium
of 24,000 seats in 1927.
The cost of the 16,000 addi
tional concrete seats, now ar
ranged in upper-level tiers,
reaching upward to the sky,
amounts to $1,070,629. That is
what Mr. Kenan has spent last
year and this year in getting
the modernized, clover-leaf en
trance way, tancy balconies,
built at Kenan Stadium.
The original $275,000 had to be
added to right away, even in
1927, and later Mr. Kenan built
the field house, and contributed
to temporary seats above the
permanent stadium seats, as
well a» the guest box and press
box in the 1940’s and 1950'5.
Up until last year he had spent
aoout $443,000.
The $1,070,629 plus the previ
ous amounts spent, adds up to
more than a million and a half
in all that Mr. Kenan has put
into Iho memorial to his mother
and father.
—MacKinney—
(Continued from Pago 1)
and other societies, an editor of
the American Historical Re
view, and was the author of sev
eral books and pamphlets on
medical science history.
Surviving are his wife, the
former Abigail Greenwood; and
a son, Dr. Loren Q. Mac Kinney
of the UNC School of Medicine
faculty.
fine homes in
the situation and that repeal of
the law was not necessarily be
ing asked.
Several trustees felt that the
resolution was not strong enough.
William B. Harrison of Rocky
iMomt said the law was “a dis
grace and an insult to the intel
ligence of the people of North
Carolina." He said the Gag Law
was engineered by a small group
in the Legislature who “sold us
a bill of goods." He characterized
the group as "little Hitlers and
Mussoiinis” and said the law
was an example of the totalitar
ian tactics. “It is time to stand
up and be counted,” Mr. Harri
son said. “I wish the resolution
went even further.”
W. C. Harris Jr. of Raleigh al
so favored a stronger stand by
the trustees. “I don’t think the
resolution goes far enough,” he
said, and advocated that the
Trustees seek outright repeal. He
said he thought the law indicat
ed a lack of faith by the Legis
ture in the Board of Trustees
and the students of the University.
During the two-hour meeting in
Carroll Hall, UNC President Wil
liam C. Friday and the Chancel
lors of the three branches of the
University presented statements
to the Trustees and resolutions
adopted by the three faculties
were distributed.
In a resolution adopted last
week, the Chapel Hill Faculty
Council said the Gag Law could
be disastrous in the University’s
competition for faculty members.
“Political tampering with the
educational process can, over a
relatively brief period, drastical
lj lower the quality of higher edu
cation affected,” the Faculty Coun
cil statement said. “Legislative
censorship, once begun, carries
an invidious threat of future pro
scriptions and inevitably stirs
fears in the minds of both facul
ty and students that expression of
unpopular sentiments may pro
duce reprisals against them.”
The Chapel Hill Faculty Council
said "no learned society of any
standing would seriously consid
er allowing the host institution to
interrogate and possibly black
ball its duly selected speakers.”
Chancellor John Caldwell of
N. C. State cited several “embar
rassments” that had resulted from
the Gag Law, including the re
fusal of Dr. J. B. S. Haldane to
answer questions concerning his
status with the Communist Party.
Dr. Haldane, a noted scientist,
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WINNERS OF OUR OCT. 26th & 27th DRAWING
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—UNC Trustees Act On Gag Law —
(Continued from Page 1)
had been invited to speak at N.
C. State, but refused to answer
on principle an inquiry as as to
his possible Communist affilia
tions. Chancellor Caldwell said
Dr. Haldane had later told a
State faculty member that he
wasn’t a member of the Commu
nist Party.
Greensboro Chancellor Otis
Singletary called the Gag Law
discriminatory” and “unneces
sary and said it struck at the basic
mission of a university, “to seek
the truth.”
Chapel Hill Chancellor William
Aycock presented a legal analy
sis of the Gag Law and emphasiz
ed its vagueness and the prob
lems -of enforcement. He also
mentioned a 1941 statute which
made it unlawful for any public
building in the State to be used
by persons advocating or teaching
the violent overthrow of the State
or Federal governments.
“Hie 1963 legislation goes much
further than the 1941 act,” Mr.
Aycock said, “in that it prohibits
any person to whom it applies
from speaking on any State-sup
ported campus on any subject.”
President Friday said: "Al
ready the exclusion, by law, of
vital sources of knowledge from
our University has begun. Yet,
we have by no means felt the
full impact of embarrassment and
deteriment that will ensue if
something is not done .... Harm
ful as the law is to our actual
functioning as a university, and
to our standing among institu
tions of higher learning, there is
yet another difficulty more vague
and possibly even more damag
ing in its ultimate effect. The
adoption of a law that purports
to remedy a supposed Commu
nist influences upon our campuses
has implanted in the minds of
some citizens of our State the
disturbing notion that such an in
fluence actually exists and is de
liberately defended . . . There is
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Wednesday, October
not to my knowledge-a knowledge
reasonably informed according to
deliberate, appropriate, respon
sible process, of administration—
there is not to my knowledge any
member of the Communist Party
on the faculty of the University
of North Carolina , . ..”
Following the meeting Governor
Sanford, who hadn’t previously
taken a stand on the Gag Law,
said he endorsed the Trustees'
action.
Howard Patterson
Will Be Honored
Dr. Howard Patterson, son of
Mrs. Drew Patterson, chief sur
geon of Roosevelt Hospital hi New
York, will be inducted as vice
president of the American College
of Surgeons tomorrow in San
Francisco.
He flew out last week to at
tend a meeting of the College’s
board of governors. Dr. Patter
son is a University graduate in
the class of 1921 and took his
M.D. degree at Harvard. He serv
ed as lieutenant-colonel in the ts
S. Army medical corps in the
North Africa and Italy campaigns.
ONLY
‘Chapel Hill’s only qualified
Rag Cleaner”
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