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An Editorial
Forest vs. Trees
The All Student Council was almost thrown for a loss Tuesday night when an injunction was sought from the Student Court to halt today's election.
Fortunately, it was seen fit to withdraw the action before a decision was reached, with the conviction that more harm than good would be done if the litigation continued.
Based on an alleged violation of the ASC constitution, the action was brought by John Dealy, who argued that last Wednesday's referendum which revamped the Council constitution was illegal because the required two weeks' notice was not given.
One important lesson has been learned: The channels for legislation must be steered by the book and not by the stars. If the referendum in fact is illegal, nonetheless the matter should be left alone. Deally himself agrees to this.
No greater harm could be done than to revive the issue. Based on the new setup voted in last Wednesday, the Council has a chance to make up for lost time, unencumbered by the unwieldy constitution soon to be rewritten.
Much time, money and talent could be lost, plus the possible invalidation of today's primary and the general election if the court were again asked to act on the matter. One authority said that revival of the issue might mean the end of student government altogether.
Dealy must be commended for bringing the error to light. He deserves higher praise for agreeing to overlook the error in the belief that it will not happen again.
The interests of good government must not be jeopardized on a technicality.
Jerry Dawson
154 Vote By 10:30 A.M.
Voting in today's all-University elections began slowly but picked up after mid-morning, poll workers said. Only 154 students had voted by 10:30 a.m.
Only 24 students had voted at the Student Union polling place. Only 6 of these votes were for class officers. The other 18 were for All Student Council officers.
The Fraser polling place listed 130 voters. A total of 52 class officer votes were cast, and 78 for ASC officers.
The polls will close at 5:30.
Pinned, But Not In Politics
The fact that they're pinned doesn't mean political harmony for Creta Carter, Lawrence sophomore, and Bill Wilson, Colby junior.
When the political cards were shuffled and dealt, Miss Carter, the AGI candidate, and Wilson, POGO candidate, found themselves both running for the same office—vice president of the student body.
"I didn't know for sure that we were both running until I saw it in Friday's Daily Kansan, Wilson said. "We have no hard feelings, but I'm glad we're both Republicans."
Miss Carter refused to comment on the qualifications of the vice presidential candidates, but said:
"It's a funny situation, but both of us are very much interested in improving student government."
"No matter which AGI presidential candidate wins, I believe he will be better qualified than those of POGO."
Daily Hansan
54th Year, No.128
Ammon Andes, professor of aeronautical engineering, said this was the second time Webb's experiment with his glider-helicopter had failed. Prof. Andes said that although no member of the department was there at the time of the accident, he thought instability of the plane could have been a factor which caused the crash.
Wednesday, April 24, 1957
Student Injured Critically In 'Copter Accident
LAWRENCE, KANSAS
After getting about 15 feet in the air, the wind blew Webb to one side. As he started to turn the blades to straighten the helicopter, the propellers hit the ground and smashed to pieces.
Prof. Andes said this was the same plane Webb had exhibited in the aerosautical engineering display at the Engineering Exposition Friday and Saturday.
A Kansas City, Kan. sophomore, William B. Webb, was listed as being in critical condition today in Memorial Hospital.
According to George R. Dean, Kansas City, Kan. junior, Webb had taken his glider-helicopter to Municipal Airport to try it out. The machine was being pulled behind a car driven by Dean.
Webb lost his left eye and was treated for compound fractures of the face bone after his experiment with a glider-helicopter failed Tuesday night.
Lt. Wes Santee, former miler for the Jayhawks, will return to Lawrence after he is discharged from the U. S. Marine Corps May 1, according to a letter Lt. Santee sent to Ted Cox, campus policeman.
Santee To Return To Lawrence
Lt. Santee and his family will make their home in Lawrence where he will work for Otto Schnellbacher, Topeka insurance man. Lt. Santee will operate a Lawrence branch for Mr. Schnellbacher's firm.
Referendum Challenged
By BOB LYLE and JOHN EATON
(Of The Daily Kansan Staff).
A move Tuesday night at a special session of the Student Court for an injunction against today's primary elections died when the plaintiff withdrew his action.
However, the constitutionality of last week's referendum, which prompted the action, is still unresolved.
The results of today's election could be invalidated if the argument of unconstitutionality were initiated later and if the court upheld it.
John Dealy, Wichita junior, had asked the court for an injunction based on the argument that last week's All Student Council constitution revision referendum was unconstitutional.
Dealy and his counsel, Larry Loftus, Olathe third-year law student, maintained that the required 2-week notice advising the student body of the referendum was not given.
The Student Court could not determine the constitutionality of the referendum without sitting with the Faculty Advisory Committee. Dealy was trying to halt today's election until the constitutionality of the issue could be determined.
"Oven To Question".
Questioned concerning the constitutionality of the referendum, Ken Fligg, Kansas City, Kan., third-year law student and chief justice of the Student Court, said:
"Technically the constitutionality of the procedure in enacting this amendment might be open to question. However, the constitutionality was not decided upon tonight as this question was not before the court."
Fligg said. "I wouldn't have much idea as to whether the referendum was constitutional because the question wasn't an issue and thus neither side made any real attempt to prepare to test the constitutionality of the referendum."
"As far as the student court is concerned, we consider the referendum is valid unless at some time it is proved otherwise."
Dealy withdrew his action shortly after the court retired to determine if sufficient grounds had been shown to get an injunction. Thus no decision or verdict was made.
During the proceedings Dealy
conferred frequently with Jerry Dawson, Cisco, Tex., senior and editorial editor of The Daily Kansan, who was instrumental in persuading him to drop the action.
Dawson said his efforts as an unofficial mediator in the dispute, were prompted by a desire to avoid a breakdown of the structure of student government because of a technicality.
Dealy said that he initiated the action "Because I believe in the handling of the student referendum the best interests of the students were violated.
"I think the way in which the proposal was swept through and voted on by the students left little time for the formation of sound opinion by even those who were very interested in All Student Council activities," he said.
"Purpose Achieved"
Asked why he withdraw his action Dealy said, "I think that one of my purposes was achieved without the decision having to be made by the court, that purpose being to see that the Council will be more careful in future operations, especially regarding their respect for the constitution.
"I don't believe the time and effort spent here this evening was at all wasted. A service has been done to the student body. But I think that further pursuance of this issue could serve only the interests of some individual and not the student body.
Weather
Generally fair this afternoon. Partly cloudy tonight and Thursday. Warmer central and east this afternoon, turning cooler tonight. Continued mild Thursday. Southwesterly winds 25 to 35 miles per hour east today. Low tonight 40s west to lower 50s east. High Thursday in 70s.
MOOT POINTS OF LAW—drew the attention of participants in the special session of the Student Court Tuesday in Green Hall. At the left, Donald Barnett (foreground) Larned second-year law student, discusses with Ted Barnes problems that might arise if an injunction were issued against today's election. Jerry
(Daily Kansan photo by Jim Sledd)
Dawson, right, in center picture, urges mediation while Jim Schultz, Salina junior and ASC president, reflects on the issue. At the far right plaintiff John Dealy, seated, and his counsel, Larry Loftus, ponder their action. It was withdrawn, but the question on the constitutionality of the referendum remains unanswered.