UNIVERSITY DAILY KANSAN, LAWRENCE, KANSAS
ER 21,1941
TUESDAY, OCTOBER 21, 1941.
PAGE THREE
onses Four ing
the bridge
union build-
ill feature
erer, Open-
Responses.
first lecture
writing with
ons. Then
of bridge
Every stu-
the prin-
n the lec-
are spon-
Union Ac-
Aid
ecital
oe held in n at 3:30
I'll be pre-
Rachmani the piano,
cate Air"
"My Love"
Hammet.
int on the
"Spanish
will be a McNown
ment, An-
tro, from
inor" by
Dunn will
ment, An-
ird move-
from the
will accnumbers parts on
diate pro-
ages, will
meeting of
p.m. to-
k Strong
Supreme Court Bars Whitney
(Editor's Note: This is the final and complete decision of the Men's Student Court in respect to the attempt by the Pachacamac political party to put Dave Whitney on the Men's Student Council in place of Dave Watermulder who had been advanced to the position of president after Bob McKay, president-elect, was inducted into the army Sept. 17.)
EX PARTE WHITNEY
(Case J argued before the Men's Student Court in September, 1941. Tom Singer, chief justice, delivered the opinion of the court Oct. 20, 1941, before the members of the Men's Student Council.)
The question before this court is whether the failure of Robert Kay, a professor at Columbia University, to return to school has left a vacancy on the Men's Student Council which may be filled under the constitution and laws of Arkansas. A study by the Council of Kansas. The problem herein presented depends upon the interpretation of Articles 48 and 50 of the constitution and also Bill No. 3.
Robert McKay failed to return to school.
K.U. Roundtable Will Discuss Russian War
"Hitler's Strength if Russia Loses" will be the topic of discussion on the University roundtable at 9:00 o'clock tomorrow night over KFKU.
Hilden Gibson, instructor in the department of political science, will direct the discussion and will be assisted by L. R. Lind, department of Latin and Greek, and Finn Jensen, instructor in economics.
FOREIGN DEVELOPMENTS-this section of Bill No. 3 is valid or that it establishes the intent of the framers that in the case of a vacancy in the office of president, it should be filled. There is no question that the intent of the framers must move Equal Employment Framers toward the things and the words of the constitution were directly contrary, the intent will govern.
(continued from page one)
R.A.F. RAIDS IN GERMANY -
Weather held down R.A.F. raids in recent weeks but let up to a certain extent last night, and widespread raids were reported throughout Germany, particularly on Bremen, Wilhelmshaven, and Enden.
The new raids came after a deputation from nine of London's largest factories had submitted a representation to Prime Minister Winston Churchill calling for more and immediate aid to Russia, and demanding the removal of various officials that are charged with being only lukewarm on aid to Russia. Included in the list of officials were David Margeson, war minister, and Lord Halifax, ambassador to the United States.
JAPAN STRENGTHENS ALLIANCE
In Japan the House of Representatives asked the new government of Premier Tojo to strengthen the alliance with the axis and to eliminate the challenging acts toward third powers hostile to Japan.
Significant were reports that the Japanese press has begun to temper its attacks against the United States and Great Britain and to predict that the German-Russian war will be a long one.
— CIVIL WAR IN YUGOSLAVIA —
CIVIL WAR IN YUGOSLAVIA Berlin reports that civil war is raging in Yugoslavia with hundreds of Serb guerrillas being shot daily in the battles raging around the hills.
Additional unrest is also reported from Italy, where greater and greater dissatisfaction arises daily over restrictions on food, and over reports of the wholesale slaughter of Italian troops fighting for Germany in Rus-
Pachacamac party, acting in good faith, moved the vice-president. David Watermulder, to the office of president as pro-secretary, Hillary Clinton to fill the vacancy left by Watermulder as a regular member of the council by appointing David Whitney to that position. The Progressive Student Government League passed constitutional validity of such procedure.
Article 5, section 2, of the constitution provides: (Council Organization) Administrative powers shall be vested in the member council. The member councils are a list of a president, a representative at Large, two special members, and seventeen regular members elected proportionately from the four districts of the county. The member councils are presidential candidates shall be voted upon by all Associated Men. That candidate who receives the greatest number of votes is appointed and that candidate who receives the second greatest number of votes shall serve as representative at large. Both the president and the representative at large shall be elected from the council and the vice-president, a secretary and a treasurer from among its own number. . . Section 4 provides: The two special members of the council are elected representing from the incoming freshman class. . . Section 6 (Vacancies) provides: Any party which offered a complete council ticket in the election of a representative elected from the incoming freshman class causes by theinclibility,failure to return to school, or the removal of its own regular or special council members after vacancies and any due to registration against an untilled until the next regular election.
Article 5, taken alone, has been construed by a faculty committee to mean that a vacancy in the office of president shall remain vacant. The meaning of Article 6 and Article 3 and the remainder of the constitution has been reserved for this court.
Bill No. 3, providing for vacancies, was passed prior to the adoption of Article 5 as amended. It must be noted in the consideration that the council and council organization which has now been superseded by the present Article 5. Section 8 of Article 5 expressly provides that all bills or parts thereof which are repugnant to Article 5 are not now considered in Bill No. 3 contained in Bill No. 3 which is repugnant to Article 5 is automatically void. Under the present operation of the constitution, many parts of Bill No. 3 are not now consider in Bill No. 3 may be interpreted and read in the light of its history. Bill No. 3, section 3 provides: In the event that the president of the Men's Student Council shall fail to return a bill or part of the constitution, the vice-president shall automatically move up to fill the vacancy, and the office of vice-president be declared vacant and filled by the Men's Student Council. Be held responsible that
Counsel for Pachacamac contend that
It is contended by Pachaume counsel that taking this bill into consideration the term *vacancies* in Article 6 refer to *regular or special members resulting from causes other than ineligibility, failure to return to school, and removal. It is also referred to be a very logical argument. However, when we consider the phrase following "other vacancies" which is "and any due to resignation," the interpretation would mean that other than ineligibility, failure to return to school, and removal of its own regular or special members, and any due to resignation shall remain. This means there is a blanket phrase "other vacancies" and then one of them named in particular. This is an illogical conclusion when read against the better view, and the right one, is that the framers meant vacancies other than regular or special members, and also those vacancies of regular or special members filled until the next regular election. The argument that Article 5, section 6 affects only regular and special members occupying positions like Board of President falls under its own weakness.
PSGL contends that as the vice-president is no longer elected at large as provided in Article 5, section 3, the framers were unaware of the office of president. This may be good in theory but as a matter of practice even though the vice-president does not officially take the office of president, yet he must appear in the council before tempore or the council will cease to function. In this light, much of their contention fails.
We do not know just why the framers of the constitution intended that the office of president should not be filled, but the framers would have intended to present Article 5 points specifically to that conclusion. The former Article 5 was amended by the vote with the majority proceeded upon the opening of school to fill all vacancies of either party. The former议员应给 all voters the opportunity they wish to avoid special elections whenever possible, even to the extent, that the office of president and the representative at large remain vacant.
It has been strongly urged that article
section 6 must be used, considered in relation
to this recommendation.
JAYHAWKER TODAY 2 DAYS
The Grandest Love Story the World Has Ever Known
states "... bills passed shall be attested by the secretary, signed by the president ..." It is contended that if the office of president cannot be filled, all legal representation to cease. If the bills passed by the council. It must be remembered that Article 7 was passed prior to Article 5. It is therefore only logical that article 7. should be construed in order to allow the constitution of Article 5 section 6. The framers did not intend that legislation should cease. Article 7 will be interpreted to fit the exigencies of the situation. We interpret it to mean that legislation should be signed by the presiding officer as is the usual procedure in organization of this type.
The court is in sympathy with the proposal of Pachacama counsel that the constitution be construed liberally in order to render our scheme of student government plausible. If our only problem was what is best for student government or
the way we think that we as framers of the constitution would have done, the question would not have arisen, and the vice-president would succeed to the presidee. We would be promised a promise student government. We think it is deplorable that a constitution for University students should be contradictory within itself that its effect is practically not judicial legislation but only one of interpretation. If the result is unsatisfactory, the way is clear for amendment. Dogmatic conclusions are not fallible, yet this construction is consistent with the term of the constitution as it is now written.
Douce, Nicholson, and Marietta, JJ,
concur.
The holding of this court is that David Watermuder may not act president preemptively until the power of ident, but that he does not fill the office and therefore frequently there pregnancy to be filled.
LAST TIMES TONITE
ALL PLUS
SHOWS 25c TAX
A GRAND SHOW!
WEDNESDAY
4 GRAND Mot. 25c
DAYS Eve. 31c
Plus Tox
Granada
ADOLPHE MENJOU
Carole Landis, John Hubbard
"ROAD SHOW"
WHAT A CAST!
WHAT A SHOW!
WATCH FOR
OUR BIG HALLOWEEN JAMBOREE