Page 12
University Daily Kansan
Friday, Feb. 12, 1965
t v l F s t o v -
Civil Rights Bill Unenforceable, Prof. Says
"It is silly to assume that the (December 1964) Civil Rights Act can be enforced by law," Robert Mollon, acting assistant professor of political science, said last night before a meeting of Young Democrats.
Referring to the legal implications of the act, Molton said, "It is frustrating for those involved in enforcement because there are no criminal provisions in the act." There are two ways to force people to comply against their will: criminal law and civil law. All civil remedies come under the latter category, for discrimination is not a criminal offense, he explained.
IF THE ATTORNEY GENERAL suspects discrimination, Molton continued, he or the aggrieved person can go to court and obtain a court order against the discriminator. If the aggrieved person is then unable to carry the action financially, if he is unable to obtain legal representation, or if bringing the case to court will jeopardize himself, his family, or his property, then the federal government can step in.
The crux of the argument seems to rest on how civil rights cases can be justifiably taken care of by federal action. Molton pointed out that the constitutionality of the act falls under two sections: Congress has the power to regulate interstate commerce, the 14th Amendment states no state has the right to deny a person equal protection of the law.
MOLLON FELT the federal government has stretched the interstate commerce provision to an extreme. He gave an example of a case of a motel located near an interstate highway. Since the majority of its patrons would be passing from state to state, the motel was subject to the federal interstate commerce provision. A second, and more extreme example, was a restaurant not located near an interstate highway. Its patrons were local, yet because the products used in the restaurant certainly came from interstate commerce, the restaurant was subject to the provision.
The Supreme Court justified the constitutionality of the Civil Rights Act by stating that if a Negro cannot get service without discrimination as he travels, then he will travel less. If he travels less, he will consume less food. If he consumes less, the restaurant serves less. As a result, the restaurant buys less and interferes with interstate commerce. This, Mollon said, is an overstepping of intent.
"I can predict that the use of this power will be easy for the next few years," Mollon said, "for no judicial action will overturn the decision. The only difficulties I see are the political implications of forcing people to comply with a law distasteful to them."
Calm Chaos Marks Backstage Activity
Orderly confusion describes the behind-the-scene activity of a University Theatre production.
Last night's performance of Bertolt Brecht's "Mother Courage and Her Children" kept stagehands, actors, and technicians hopping about before, during, and after the play. They were busy adjusting lighting, repairing props, applying make-up, and trying to stay out of each other's way.
An hour before curtain time found a few members of the cast and crew in the "Green Room" (the lounge in Murphy Hall) playing cards and looking for an additional bridge player. Others were having a last cigarette or putting on costumes and make-up. One of the stage hands, Larry Ketchum, Kanopolis junior, was playing "Home, Sweet Home" on a harmonica.
As opening time approached, last minute checks were completed and the stage manager, Robert Farrell, Elgin, Ill., graduate student, called the box office to see what effect the adverse weather was having on the "house." Apparently the slick streets and freezing temperatures were delaying an anticipated large audience. Farrell decided to hold up curtain time a few minutes so that the audience would not be disturbed by late-comers.
During the performance, prop changes, which were described by Charles Lown, associate professor of speech drama, and lighting designer for the play, as "extremely complicated and difficult," were apparently handled with professional competence. There seemed to be a tight overall plan, acquired through much rehearsal, but no concrete directions were in evidence.
When the actors were not performing, they involved themselves in make-up repair and cooling off from the hot lights. There was an aura of gaiety evident; some of these actors and stage personnel have a really wild sense of humor, speaking in accents, posing for typical "ham actor" photographs, and smiling at all times.
IN RESPONSE TO A QUESTION from the floor concerning the jurisdiction of the government over a state-supported institution such as the University, Mollon replied that in his opinion the University could not discriminate of itself, but that private groups within the University could, depending upon the degree to which they are a representative part of the University. Mollon limited his answer by saving large, representative groups such as sororities and fraternities should not
have discriminatory clauses in their constitutions.
One phase of dealing with demonstrators—that of criminal trespassing—has been a relatively new approach, according to Mollon. He explained if a restaurant owner refused to serve Negroes because it was against his personal feelings to do so, then he could appeal to the courts under the provisions of criminal trespassing.
KU Debate Teams Enter Tournament
Mollon concluded by discussing the upsurge of sit-in demonstrations. All cases of Negroes being arrested for disturbing the peace in demonstrations were overturned by the courts for lack of evidence. In the past three years, over 13 cases reached the Supreme Court, and the convictions were overturned. Mollon predicts this will boost sit-in movements.
The KU debate teams will be kept busy this weekend competing in two tournaments.
KU has entered four teams in the Mid-South Tournament to be held Feb. 11-13 at Arkansas State College, Conway, Ark. Participating are Jim Klump, Coffeyville freshman; Sharon Mahood, Springfield, Mo., sophomore; Bill Sampson, Topeka freshman; and Ruth Hatch, Davenport, Iowa, sophomore.
Entered in the junior division of the tournament are Bob and Bill Ward, Topeka freshmen; Bob Cambert, Topeka freshman; and Jim McNish, Topeka freshman.
One team will compete in the Northwestern Tournament which is being held today at Evanston, Ill. Participating are Jerry Hoskins, Bonner Springs sophomore, and Randy Schultz, Shawnee Mission freshman.
Munzer Selected As Top College Junior
Stephen R. Munzer, Salina junior has been selected to receive the Grace Caroline Eaton scholarship for the spring semester and for the school year 1965-66. Robert Billings, director of Aids and Awards announced yesterday.
The scholarship, established last year, is given to the "outstanding male junior in the College of Liberal Arts and Sciences" Selection is made by the Summerfield Selections Committee. The award covers necessary expenses during the junior and senior years. It awarded solely on the basis of the student's grade point average during his first two years at KU Munzer has a 2.88 average.
Last year's recipient of the award was Terry A. Miller, Baxter Springs senior, and his award continued this year. Miller has a 3.00 average and earlier this year was recipient of the Paul B. Lawson Award as the outstanding senior in the College. Miller was also recipient of a National Science Foundation undergraduate research award last year
Both Miller and Munzer are Summerfield scholars. In addition, Munzer holds a General Motors scholarship.
Miss Eaton, who established the terms of the award in her will, died in December, 1961. She left $60,000 to the University to finance the scholarship. A pioneer school-teacher and principal of Wamego high school since 1906. Miss Eaton was one of the oldest living alumni of KU when she died at the age of 90. She graduated in the class of 1893.
Weather Cancels Singer's Lecture
Singer Marjorie Meade's lecture, which was scheduled at 2:30 p.m. yesterday in Swarthout Recital Hall, was cancelled. Miss Meade was unable to come from Kansas City because of the bad weather.
The lecture will not be rescheduled.
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