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SCRIMMAGE TO HIGHLIGHT RALLY
PAGE THREE:
Pancakes, Queens To Top Social Weekend
University of Southern California
DAILY • TROJAN
PAGE FOUR:
Trojan Footballers Try to Stop Cal's Passing
Vol. XVI
LOS ANGELES, CALIFORNIA. FRIDAY, OCTOBER 23, 1964
No. 25
Boll to Speak in Hancock Today
Undersecretary May Discuss Foreign Policy
SPECIAL REPORT
Courts to Determine Fate Of Initiative, Rumford Act
By KICK MARKS Managing Editor (Editor’s Note: This is Ihe
fit (h and final article of a series
on Proposition II.)
No matter which side emerges victorious on Nov. 3 — Proposition 11 or the Rumford Act — the victory will lie incomplete, for the California courts will undoubtedly he asked by tlie vanquished to determine the constitutionality of the people's choice. •
The Rumford Act in its 13th month of existence was never tested in the courts, but if decisions in other American states and cities can be used as a criterion, constitutionality probably would have been upheld. On the contrary, when Sacramento Negro. Howard G. Lewis, asked the California Supreme Court to keep Proposition 11 off the election ballot, the court declared “there are grave questions” whether the measure is constitutional.
Two of the court's seven justices wanted to grant forthwith the petition to remove the intiative, but the majority decided that despite the “grave questions” as to its validity under the 14th Amendment, the court should not interfere with the power of the people to propose it.
The court ruled it would be more appropriate to pass on the questions after the election, should the amendment be adopted.
Opponents of Proposition 11 are optimistic about that decision if it is needed. They believe the Supreme Court’s reservations on the amendment, based primarily on the 14th Amendment, are a clear indication of a future ruling. They are equally certain that the Rumford Act is constitutional. and would be so declared in the courts.
Where such laws have been tested in the past almost invariably their constitutionality lias been upheld in the courts.
In 1959. for example. New Jersey’s anti-discrimination law affecting publicly assisted housing was upheld in the case of the Levittown development.
“Freedom with regard to property is not inviolable.” the New Jersey Supreme Courts stated. “It is subject to the reasonable exercise of the police power."
The Massachusetts Supreme Court ruled in 19H2 against A. J. Col-angelo, operator of a privately financed apartment house with three or
more families. Colangelo relied on the due process clause of the 14th Amendment.
“He contends that there has been an invasion of his rights of “acquiring. possessing and protecting property,” the court said.
“All (he) says is that the ‘freedom of the owner to exercise his own judgment in the sale or rental of his property is the most important attribute of ownership’ and that . . . there has been a confiscation of an interest in property by the state.
“Clearly there has been no taking of property in a constitutional sense.”
Substantiating this opinion the court quoted a 1933 U. S. Supreme Court decision:
“Under our form of government, the use of property and the making of contracts are normally matters of private concern. The general rule is* that both shall be free of governmental interference.
“But neither property rights nor contract rights are absolute; for government cannot exist if the citizen may at will use his property to the detriment of his fellows, or exercise his freedom of contract to work them harm.
“Equally fundamental with the private light is that of the public to regulate it in the common interest.”
Just months after the Massachusetts’ decision, the Colorado Supreme Court upheld the constitutionality of that state's anti-discrimination housing law.
“ . . . the constitutionally protected rights of property . . . are subject to regulation by a proper exercise of the jwlice power of the state . . . We hold that the act here in question has a substantial relation to a legitimate object for the exercise of the police power, and that it is appropriate for the exercise of that object . . .
“We hold that as an unenumerated inalienable right a man has the right to acquire one of the necessities of life, a home for himself and those dependent upon him, unfettered by discrimination against him on account of his race, creed or color.”
Most of these decisions, and the probable basis of any decision by the California Courts on the constitutionality of Proposition 14 or the Rumford Act. would find as its cornerstone the 14th Amendment.
It is this Amendment which both proponents and opponents of the two (Continued on Page 2)
RALLY STARS - l-r yell leaders Tom Lailey and Mike Harahan; footballers Craig Fertig, Bob Svihus and Gary
Hill; and yell leaders John Sullivan, Steve Miller and Rick Lukasko will participate in the rally today.
Pre-Game Rally to Star Team, Coaches and Band
By ED SAKAMOTO !“and we're expecting a lot of ,ning a Trojan football rally “Team plus coaches plus people to show up for it.” j at Union Square in San Fran-band plus you equals a big “The team gets out and cisco at 9:30 p.m. rally” is the theme of the practices every day for us,”: .-when the team is p)av_
By ELLIOT ZWIEBACH
George \\. Ball, undersecretary of statp for economic aflairs and Xo. 2 man in the State Department, will speak in Hancock Auditorium today at 3 p.m.
His visit is sponsored by the Correlating Committee for International Relations (CCIR). headed by Lee Shershow.
“Ball has promised that he will write the speech himself,”
Shershow said.
The topics has not yet been announced, but Ball is expected to comment on American foreign policy in general.
“Ball is especially suited to review our foreign policy because of his extensive knowl-j edge of economic and political! affairs,” Shershow explained.
The 10-15 minute speech will be followed by a half hour question period.
At this time students may, ask questions on any aspect, of United States foreign policy, including recent dsvelop-ments in Russia, China ?nd IGreat Britain, Shershow jadded.
A law graduate of North-j western University, Ball began his career as a lawyer for the Farm Credit Administration during the New Deal ‘ era.
J He retired to private practice for six years, but re-en-tered government service in ,1941 as associate general ™e second in a senes of counsel of the Lend-Lease AbSC-sponsored hootenannies
GEORGE BALL
. . . will speak
2nd ASSC Hoot Set For Grill
pre-game rally to be held on McWethy said. “I think we
I Administration.
Two years later, he assumed the same post in the Foreign Economic
will take place tonight at 8 in the Grill.
“Last week's g^t-together Administra- was a trenmendous success,
r> j t-.- u 4. j e c	u if u	ing away from home in a par- tion.	and we are expecting another
Bovard field today from D can give up half an hour of L-	if1 * •	u * -u .	,	, . „
,-on	J	tisan crowd atmosphere, it As a civilian member of the capacity crowd tonight.
on !!1’- Dll ™	0111 em‘ .'needs even stronger support Air Force Evaluation Board ASSC Entertainment Chair-
w .t ^ °,airr"a1 * c	McWethy also announced from its backers," McWethy jn paris. Ball studied the ef- man Kevin Shipman said.
Wethy and yell leader Tom futUre activities of the yell said.	fects of tactical ooerations in
Lailey are trying to rouse	team. He said the leaders will dnri® w * !d w,ir n Musical entertainment wilt
student spirit for the Satur- ieacj 10,000 children from the	me . . a^vva^s Jt 1	^____, __	again be provided by groups
day game with the California YMCA Los Angeles area in
has the psychological advan- He also served as director
^ea—S'	cheers Saturday on -L*,iV'rMjn a touah <*ame ” he added	Survev based in London.
A line of students from thej Youth Day at the Hollywood	f , ’	’ From 1945 to
individuals who wish to talents," Ship-
YMCA i ta£e over the visiting team of the U. S. Strategy Bomb- djs .. [heit
1 *UV*»- I.	.	,	It 1	» , , Itnrc Cn rn» ■ Un r,A/-l in T cvnrlrvn	* “
man added.
gym to Bovard field will Bowl.	That s why we are going *' ° cn^ialiat in intpr "However, we would ap-
11 ii nf fr.* stonfnrri inmo served as specialist in intercheer the team as they turn The event will be taped and an out ior me aiamora game, national law and commercial Prec'iate it if prospective par-
out for a 20-minute practice played over national radio on	U'ewant relations, commuting between ticipants would sign up in the
session. Each player will then Sunday.	Port for the team on Satur- Washington and Europe Student Activities Office. 324
be introduced to the crowd. On Nov. 6 there will be a	day, he said. He seUled down * in Wash- su- in advance.” he added.
Lailey said he expects the pre-game alumni rally at; Rooter buses will take stu- L ton D c in 1961 to act aS Tonight's "hoot" is a part
coaches to say a few words 6:30 p.m. at the Hilton Ho-	dents to the Stanford-U S C j unders’ecretarV of economic of the new Total-Grill pro-
about the Saturday game. tel in San Francisco.	game the following day. affairs in the Kennedv ad- gram instituted bv the ASSC
“This is a well-planned and That same night rally
organized rally,” Lailey saidJchairman McWethy is plan-
Finalists Named In Helen Contest
The five finalists in the Homecoming Queen contest were announced last night.
The 1 9 6 4 Homecoming court is Brenda Broz, Jean-nie Klausky, Nadine Nardi, Martha S i s s e 11 and Susan Wright.
One of the five will reign ns Helen of Troy over Homecoming activities next week. The other four will act Homecoming princesses.
Final judgings will be Tuesday. The five finalists will have dinner with judges at the Beverly Hilton Hotel. Athletic Director Jess Hill
a senior from Sherman Oaks and an Alpha Chi Omega.
Martha Sissel is 20 years old. She comes from Pasadena hnd is a sociology major. The senior is a Kappa Alpha Theta.
Susan Wright is a senior j majoring in history. She is 20 years old and comes from San Pedro. She is also a as m e m b e r of Kappa Alpha Theta.
Five judges narrowed the contestants from fifteen to five at screenings yesterday. There were 96 original con-
Sr., will crown the queen at ^stants in the Helen of Troy Trolios, Wednesday at 8 p.m. l'ontest- The judges screened He will be assisted by Rober- hopefuls at two prelimin-ta Salburg, 1963 Homecom- ar^ judgings. ing queen.	The field was then cut to
Brenda Boz, a 21-year-old 30. These women were judg-senior from lx>ng Beach, is ^d again and the judges sel-majoring in marketing re- ccted 15 for further competi-search. She is a Gamma Phi j tion.
Beta.	i The queen and her four
Jeannie Klausky is a 20-. princesses will reign over all year-old junior from South Homecoming activities. They Gate. She is a history major will participate in the half-
and a member of Delta Gamma sorority.
time entertainment at the Homecoming game with the
Future rallies will include	ministration. this semester,
the UCLA noon rally on Nov.	Ball has characterized him- The aim of this program is
20 and the Notre Dame rally	self as a “lonely lawyer fal- to give students a place to
on Nov. 27.	len among economists.” (Continued on Page 2)
Hull Names Five Justices To Men s Judicial Council
Dean of Men Tom Hull an-i “We were looking to see dent individually to arrive at nounced yesterday the ap-; how broad the candidate's ba- honest judgments, pointment of five new stu- sis of thinking was in each They then arrive at a ma-dent justices to the Men's Ju- case. They had to be inter-jority consensus and make dicial Council.	ested in and knowledgeable of their recommendation to the
Richard Fenton, senior:! USC's goals,” Dean Hull said. Dean of Students for acquit-
The seven-man council will al- warning, probation, sus- *
Nadine Nardi is a 20-year-1 Washington Huskies on Oct. old education major. She is,31.
HELEN FINALISTS — Pictured are members ot Homecoming Court of 1964. The five finalists are Jeannie Klausky, Bren-
da Boz, Martha Sissel, Susan Wright, and Nadine Nardi. One of the five will reign as "Helen" at next week's activities.
Larry Grosberg. senior: Grej
Hill, junior; Homer Mason, I begin hearings next week, junior: and Joel Rosenblatt, probably meeting at least junior, were nominated to the weekly throughout the year, council by Dean Hull and re-, “They will share with me turning justices Terry Rod-jthe responsibility for student sky and Tom Thie.	1 life and discipline. It s possi-
The seven justices were'ble that they will consider up honored at an initiation din-1to 200 cases this year,” Hull ner last night at the Faculty (explained.
Center.	After student problems are
After dinner, the justices referred to him through va-elected Thie Chief Justice and|rious campus authorities, began formulation of plans)Dean Hull calls in the stu-for the coming year.	'dent involved and informs
The new justices were sel-j^*m that his case is being pre-ected last week after submit- sented to the council.
ting applications. Nineteen The student may bring wit-j criminal nature juniors and seniors with at nesses, family or legal coun- “I think that the council is least 2.5 grade averages were sel in defense of his posi- definitely respected by uhe interviewed by Rodsky, Thie ' and Dean Hull.
A number of hypothetical cases were presented and ap-
pension or expulsion.
“Naturally we like to see acquitals. but warnings and probations are the most common judgments. We seldom use suspension and rarely resort to expulsion," Hull said.
Each of these verdicts is subject to numerous qualifications. These may range from being required to take special clases to attending periodic interviews with Dean Hull.
The council does not, however. deal with problems of a I sexual, mental or extremely
ti°n-	j students, despite some weak
Referring to written briefs members in the past. I cua prepared by Hull on both say that this is the best counsides of the case, the jus-oil we have had since I've been
iplicants gave their solutions.jtices then question the stu-'here,” Hull concluded.