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UC Faculty
Meets on New
t'State Oath

The new State loyalty oath may
ultimately provide faculty and
Regents of the University of Cali-
fornia with a "way out" of their
long-standing differences over an
oath.

However, no concrete suggestions
^ I were offered at the meeting yester-
•|day of 600 top-rank faculty mem-
bers meeting as the Academic Sen-
'ate, Northern section.

President Robert Gordon Snroul,

who called the meeting, presumably

was seeking to get faculty opinion

for the Board of Regents' meeting

tomorrow.

. But the faculty appeared to feel

that the first step was up to the

regente. Yesterday's meeting was
devoted principally to questions and
answers on the substance of the
new State oath which Attorney
General Fred N. Howser has ruled
must be taken by University em-
ployees.

Dean William M. Prosser, dean
of the law school, discussed legal
aspects of the act and said that un-
less the regents took legal action,
every university employee who had
).,not signed the oath by November
.e 2 would not receive his pay at the
e end of November.

The situation was complicated by
contradictory circumstances:

1— A bare majority of the Board
01 Regents has fired 26 professors
who objected to the Regents' anti-
Communist contract on the grounds
that it represented interference by
the Regents with traditional aca-
demic tenure.

2— The Regents themselves may
now fight the taking of the State
oath, on the grounds that it repre-
sents interference by the Legislature
with autonomy of the Regents.

The university faculty, according
to Howser's decision, will now take
three oaths, the constitutional oath
of allegiance, the contractual pledge
that they are not Communists, and
the new State oath. The regents
are expected to decide tomorrow
on whether or not to take to court
the constitutional question of the
State oath.

Many faculty members, even
those who oppose the regents' oath,
have indicated privately that they
would support the regents in such
a suit. Many have also indicated
that they would be willing to take
the State oath on the grounds that
It is state-wide, an emergency
measure, and does not discrimanate
against university personnel.
^ j

State Election
Omcials Must
Take the Oath

The State's new loyalty oeth wili
be administered to the 1500 San
Francisco election inspectors next
Monday, Tuesday and Wednesday,
Registrar of Voters Thomas Toomey
announced yesterday.

The oath will be given in the
Registrar's office at the City Hall,
which will remain open until 9 p. m.
daily for the purpose.

After the inspectors take their in-
dividual oaths Toomey will deputize
them so they in turn can administer
it to the 2500 judges in the various
precincts on election day, Novem-
ber 7.

Attorney General Fred N. Howser
ruled last week that election offi-
cials are civil employees, and as such
must take the oath if they are to
collect pay for their one day of
service supervising the voting at the
general election.

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Loyalty Oath
At UC s

Consensus Is That
Faculty Will Agree
To Accept Oath

By RUTH NEWHALL

Faculty members of the
University of California will
abandon their stand against
the controversial "loyalty
oath" and will bow to the
regents' decree that they must
swear that they arc not Commun-
ists.

That was the consensus yester-
day among faculty members who
rd- had led opposition to the oath.
[06e "The imposition of this oath may
"ot do great harm to the university's
)prs naticial standing." one faculty
■ith member said. "But the important
un- thing now is to keep from doing
lid. even greater harm to the university
;ish by inviting an open breach among
•om faculty, president and regents."
.m- The seven hundred top-ranking
itly faculty members at Berkeley are
;ul- scheduled to meet Monday in a regu-
her lar academic senate meeting. At
that meeting possible alternative
forms of the oath will be discussed,
but faculty members have been led
to understand that any oath must
contain a specific disavowal of
Communism.

'CONTRARY TO LAW

"The requirement of a poUtical
oath from the faculty is contrary
to both the letter and the spirit of
the law under which the university
was established." one professor
stated.
"But if our regents will not pro-
""^'Itect us from such a requirement,
^0^1 as the trustees have protected facul-
ties at Harvard, Columbia and Chi-
cago, then we have no choice but
to take the consequences."

It seems probable that there may
be a few individuals who would re-
fuse to sign. Said one. "I'm afraid
this university will have some diffi-
culty in the future inducing top-
rank men to leave places like Har-
vard and Columbia to come here."
The oath has been opposed
unanimously by the academic senate.
In June it was revised at faijulty
request and two weeks ago the fac-
ulty voted to ask that the anti-
Communist portion of the oath be
dropped. Last Friday six faculty
members presented that request to
the regents, but the regents denied
the request. They demanded that
the oath be required 'pending fur-
ther discussions."
a OVER PERIOD OF TIME
is' Faculty members expressed the
DF hope that over a period of time
le these discussions might result in

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More About
UC and
Loyalty Oath

Continued from Page 1

withdrawing the oath requirements.

Meanwhile, they said, the whole
affair had resulted in an atmosphere
of mutual suspicion and distrust
among the regents, the administra-
tion and the faculty. Several ex-
pressed the opinion that further
general opposition to the oath would
be harmful to the university.

One department head said, "This
controversy has had one good ef-
fect. For the first time in history a
faculty committee ha.s been invited
to talk to the regent.s. By showmg
our good will and keeping that
channel open maybe in the end we
can get the result we want. "

Yesterday, according to unoffi-
cial announcement, contracts began
going out to all university em-
ployees. Up to that time they had
been withheld trom approximately
5000 who had failed to sign the
oath.

Non-signers, official .souitps said,
would be treated as individual
cases. Lower-rank employees can
he dismissed at the year's end next
July without explanation, according
to university regulations. Profes-
sors of all grades, however, cannot
be dismissed without a long series
of hearings, rfnd can appeal to the
courts, if necessary.

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FTIJ^ED IN 1V» SECTIONS

FOUNDED 1865— VOL

UC Oath
Demand

Regents State
Staff Must Give
Loyalty Pledge

The regents of the Univer-
sity of California, headed by
Governor Earl Warren, laid
down a flat policy yesterday
to reluctant professors: Sign

the anti - Communist oath or
no job.

Nonsigners were given until April
30 to make up their minds.

University employees and faculty
members who have not signed the
oath by then will not be rehired for
the coming academic year which
starts July 1, the regents stated.

Top members of the Berkeley fac-
ulty who have opposed the oath as
a matter of principle reacted vari-
ously. Some threatened to resign
or allow themselves to be fired, some
suggested legal action to contest
the order, others planned protest
meetings.

The regents' final decision ended
nearly a year of argument over the
controversial oath which was set
up last spring. In November, the
faculty sent a four-man committee
to negotiate with the regents but
la^t nights decision showed the
regents had not been swayed.

11,000 INVOLVED

The decision affects 11,000 em-
ployes on eight campuses of the
world's largest university. Of these
4000 are teaching employees and
1100 are professors or assistants of
high academic standing.

The regents said that during the
past year 86': per cent of the em-
ployees have signed the oath. The
holdouts, according to campus
rumor, are top-bracket professors!
with tenure. j

A statement from the four-man
faculty committee declared profound
regrets and added that a letter from
42 deans and department heads at
Berkeley and University of Califor-
nia at IjOs Angeles had been sent to
the regents warning of "serious con-
sequences to the university if out-
standing men with tenure and of
unquestioned loyalty were dismissed
for no other reason than failure to
sign such an oath."

RESIGNATIONS RUMORED

There have been rumors of whole- bo
sale resignations in the top teach- wi
ing brackets if the oath were en- tc

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up last spring. In November, the
faculty sent a four- man committee

to negotiate with the regejits but

last nights decL«>ion ■:>^-^"''cl the
regentfi had not been *•-

11. Mi IVY'OLVED

The decision affects 11,000 em-
las pioyes on eight campuses of the

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world's largest university. Of these
4000 are teaching employees and
1100 are professors or assistants of
high academic standing.

The regents said that during the
past year 86 'r per cent of the em-
ployees have signed the oath. The
holdouts, according to campus
rumor, arc top-bracket professors
with tenure.

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A statement from the four-man I'"'

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faculty committee declared profound
regrets and added that a leit-er from
42 deans and department heads at
Berkeley and University of Califor-
nia at lios Angeles had been sent to re

•rrr'the regents warning of 'serious con-;?r
(ijj, sequences to the university if out-j .>

5 Q^j standing men with tenure and ofji

^^gj unquestioned loyalty were dismissed fi.
'^r.v no ether reason than failure to r .

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:i such an oath."

RESIGNATIONS RUMORED

There have been rumors ol whole- • be
sale resignations in the top teach- "•
mg brackets il the oath were «)- t*^

.;...v..».ii«a of oaths of alle^, .^v ,
the SUte and Federal Oonstftu- oi
tions which employees have taken w
for some years. |tc

The statement given last night by ri
the Governor and the 18 rfscn*
dc-clared :

"The regents give notice that a
condition precedent to employment
or renewal of employment in the
University shall be the execution of
an oath as prescnbed June 24. 1P4jJ.
or the equivalent affirmation that
the appointee is not a mcmoer of
the Communist party or under any
oath or commitment or party to
any agreement that is m conflict
with the regents' excluding Commu-
nists in the facutly of the Uni-
versity."

The faculty committee which was
unsuccessful included Malcolm
Davisson. chairman of the Depart-
ment ol Economics, Robert A Gor-
Idon, professor of economics. Wen-
jdell M. Stanley. Nobel prize-winning
biochemist, and Joel H. Hildebrana,
dean of the College of Chemistry.
Dean Hildebrand said 'the bar-
rier of mistru»t and ill will' set up
-vy the regentfi' action "has done
norc damage than anjthing that
ould possibly have been done by
".ypothetical Communists."

His remarks were included in a .
letter to University President Rob- j
crt Gordon Sproul, a copy of which!*
the dean made public last night. |
Saying "I shall not sign the oath'
as n stands." Psychology Professor,
Edward C. Tolman added. **I am not'
a Communist, never have been a
Communist, and never intend to be
a Communist."

Dean Ewald T. Grether of the
School of Business Administration
said :

I "There never has been established
that there has been a Communist
jcr-T^^racy of any sort at the Unl-
;\ .of California."
i Psychology Professor Warner
I Brown, a faculty member for 29
'years, declared: "I think the Regents
j have been derelict in their duty and
should be thrown out."

t

8

t^^c^C:t.

A Study of Inquisition in America
By one of the Hollywood Ten

H

ABOUT THE AUTHOR

Dalton Trumbo has written four novels of which the most success-
ful was Johnny Got His Gun. His motion pictures include A Man to
Remember, Kittty Foyle, A Guy Named Joe, Thirty Seconds Over
Tokyo and Our Vines Have Tender Grapes. He has written fiction
and articles for a variety of magazines ranging from Vanity Fair and
the Saturday Evening Post to the New Masses and Mainstream. His
play, The Biggest Thief in Town, will appear shortly in Theatre Arts
magazine. His last effort at pamphleteering was entitled Harry
Bridges. He is presently engaged in a novel based upon his ex-
periences at the United Nations Conference in San Francisco, and in
the Pacific where he was a war correspondent in the summer of
1945.

Tli« Hollywood Ton, 1574 Crowroads of ths World, Hollywood, California

Some time before he became involved in the Dreyfus Af-
fair, Emile Zola v\/rote an article called "The Toad." It purported to
be his advice to a young v^riter who could not stomach the aggres-
sive mendacity of a press which in 1890 was determined to plunge
the citizens of the French Republic into disaster.

Zola explained to the young man his own method of inuring
himself against newspaper columns. Each morning, over a period
of time, he bought a toad in the market place, and devoured it
alive and whole. The toads cost only three sous each, and after
such a steady matutinal diet one could face almost any newspaper
with a tranquil stomach, recognize and swallow the toad contained
therein, and actually relish that which to healthy men not similarly
immunized would be a lethal poison.

All nations in the course of their histories have passed through
periods which, to extend Zola's figure of speech, might be called
the Time of the Toad: an epoch long or short as the temper of the
people may permit, fatal or merely debilitating as the vitality of
the people may determine, in which the nation turns upon itself
in a kind of compulsive madness to deny all in its tradition that is
clean, to exalt all that is vile, and to destroy any heretical minority
which asserts toad-meat not to be the delicacy which governmental
edict declares it. Triple heralds of the Time of the Toad are the
loyalty oath, the compulsory revelation of faith, and the secrer
police.

The most striking example in recent history of a nation passing
through the Time is offered by Germany. In its beginnings in that
unfortunate country the Toad was announced by the shrill voice of
a mediocre man ranting against Communists and Jews, just as we
in America have heard the voice of such a one as Representative
John E. Rankin of Mississippi.

By the spring of 1933, the man Hitler having been in power for
two months, substance was given his words by a decree calling for
the discharge from civil service of all "who because of their pre-
vious political activity do not offer security that they will exert them-
selves for the national state without reservation," as well as those
"who have participated in communist activities . . . even if they no
longer belong to the Communist Party or its auxiliary or collateral
organizations," and those who have "opposed the national move-
ment by speech, writing or any other hateful conduct" or have
"insulted its leaders."

Thereafter, in a welter of oaths, tests, inquisitions and inquests,
the German nation surrendered its mind. Those were the days in
Germany when respectable citizens did not count it a disgrace to
rush like enraptured lemmings before the People's Courts and de-
clare under oath that they were hot Communists, they were not
Jews, they were not trade unionists, they were not in any degree
anything which the government disliked— perfectly aware lhat such
acts of confession assisted the inquisitors in separating sheep from
goats and rendered all who would not or could not pass the test
liable to the blacklist, the political prison or the crematorium.

Volumes have since been written telling of the panicked stam-
pede of German intellectuals for Nazi absolution: of doctors and
scientists, philosophers and educators, musicians and writers, artists
of the theatre and cinema, who abased themselves in an orgy of
confession, purged their organizations of all the proscribed, grad-
ually accepted the mythos of the dominant minority, and thereafter
clung without shame to positions without dignity. Of such stamp
are the creatures in all countries who attempt to survive the Time
of the Toad rather than to fight it.

If the first street speeches of Adolf Hitler may be said to have
begun the Time in Germany, then June 7, 1938, signaled the ap-
proach of the Toad into American life; for on that day the House of
Representatives, under a resolution offered by Mr. Martin Dies of
Texas, established by a vote of 181 to 41 the House Comijiittee on
Un-American Activities.

To outline in exampled detail the conduct by which the com-
mittee thus far has soiled over a decade of American history would
merely be to repeat the obvious and to belabor the known. As a
matter of general policy it has flouted every principle of Constitu-
tional immunity, denied due process and right of cross-examination,
imposed illegal sanctions, accepted hearsay and perjury as evidence,
served as a rostrum for American fascism, impeded the war effort,
acted as agent for employer groups against labor, set itself up as
censor over science, education and the cinema and as arbiter over
political thought, and instituted a reign of terror over all who rely in
any degree upon public favor for the full employment of their talents.

Throughout the whole period of its existence the committee has
been under attack, not only by progressive and liberal-minded per-
sons, but by all persons of whatever political party who despise un-
bridled aulhority and believe in the reality of Constitutional pro-
ceedure. The most distinguished enemy of the committee was Frank-
lin D. Roosevelt, who rarely overlooked an opportunity to denounce
its methods and objectives. Practically every other respected public
figure has similarly made known his hostility to the committee.

In addition to individuals, a very large number of bar and min-
isterial associations, civic groups, trade unions, guilds, and profes-

sional and academic bodies have besieged the Congress with reso-
lutions criticizing the committee or demanding its abolition. The
principal law reviews of the country have published extensive articles
calling attention to the destruction of civil rights wrought by the
committee and its agents. The issue repeatedly has been carried to
the electorate, and time and again committee members have been
retired from public life, indicating the temper of at least some of the
people on a fundamental issue.

But neither denunciation nor resolution nor defeat at the polls
has diminished the committee's hold upon American life. During
eleven years of incessant criticism its budget has increased from
$25,000 to $200,000 per year, while its status has changed from tem-
porary to permanent. It stands today as the employer of at least
seven investigators in addition to its clerical workers. Possessed of
dossiers on millions of Americans, it is more powerful, more feared
and more determined than ever it was before.

What, then, is the secret of such power? It lies in the right,
which the committee has arrogated to itself at the expense of the
Constitution, to inquire into the realm of political thought, affiliation
and association. It lies specifically in the asserted right of the com-
mittee to ask a single question-"Are you now or have you ever
been a member of the Communist party?"-a question to which
thirty years of propaganda has lent a connotation so terrible that
even the asking of it, regardless of the answer given, can imperil a
man's career and seriously qualify his future existence as a citizen
free from violence under the law.

How then, since group resolutions and public denunciations and
electoral defeats have not affected the committee's usurpation, can
its immense power be destroyed? It can be destroyed only if it is
flatly challenged; only if the dread question is faced and the servile
answer refused; only if the courts, by reason of the individual's re-
fusal to surrender to the committee, are obliged once and for all to
rule on the validity of the Bill of Rights as opposed to that of any in-
quisitorial body however constituted.

Men may yearn for easier ways to halt the encroachments of
government upon the individual, but in the final moment there are
none. Placed on the stand before this committee, a man must either
collaborate with its members in their destruction of civil rights, or
by his refusal attempt to destroy the committee's fraudulent power
and mark out its limitations. After all the resolutions and denuncia-
tions and political campaigns have failed of their purpose, there is no
other choice. At this ultimate point of conflict either the committee
or the individual is bound to be destroyed.

Mr. Bernard De Voto, writing in the September, 1949, issue of
Harper's Magazine, makes trenchant comment on the committee's re-

cent request to some seventy American colleges and universities to
submit to its investigators a list of "textbooks and supplementary
reading, together with authors ... in the fields of sociology, geo-
graphy, economics, government, philosophy, history, political science,
and American literature." Writes Mr. De Voto:

"They (the universities) have got to stop the government short
right now, that is, if they are not to become bondservants of Con-
gress or in fact of any single Congressman who can swing a majority
in the Committee on Rules, Appropriations, Ways and Means, or Un-
American Activities. If they abandon as much as one book to Mr.
Wood they may as well throw in their hand. They will defy any
government control of inquiry whatsoever, or they will be forced to
submit to any political dictation, any limitation of academic freedom,
and any coercion of academic procedure as a committee majority
may care or may be induced to impose. There is no such thing as a
partial virgin. There is no such thing as academic freedom that is
just a mite restricted. The colleges are entirely free or they are not
free at all."

Mr. De Voto's conclusion that one must "defy" the committee or
yield to it entirely is correct and inescapable. Such defiance is as
important in the sciences and the arts— including motion pictures—
as it is in education, since all are concerned with the dissemination
of ideas; since all partake, in one degree or another, of the nature
of "inquiry."

It was a consideration of just such matters as Mr. De Voto has
dealt with which determined the stand of those motion picture
writers, directors and producers who were subpoenaed by the Com-
mittee on Un-American Activities in October of 1947, to appear as
"unfriendly witnesses" in an investigation "to determine the extent
of Communist infiltration in the Hollywood motion picture industry."

After the hearings were completed, the unfriendly witnesses,
finding it impossible to state their case as news, were obliged to
resort to a series of paid advertisements, one of which appeared on
November 13, 1947. In this rather expensive variation of a free
press, they explained their conduct before the committee in the fol-
lowing words;

"Acceptance of the perverted standsrds of the committee can
result only in creative paralysis, timid ideas and poorer films. Sur-
render to the committee in any single detail Is merely a prelude to
total surrender."

It was their action upon this attitude which precipitated the
Hollywood blacklist, the contempt of Congress indictments, and the
subsequent trials and appeals. The unfriendly witnesses didn't be-
lieve there was such a thing as "a partial virgin." They didn't accept
the possibility of a free screen that "is just a mite restricted."

8 ♦ * ♦

Ranking Republican member of the House Committee on Un-
American Activities, and in 1947 its chairman, is Mr. J Parnell
Thomas, a New Jersey politician presently under indictment by a
Federal Grand Jury for stealing government funds. Mr Thomas as
a committee fledgling in 1938, became a qualified expert on literary
matters by asking a witness "wfiich WPA payroll is Christopher Mar-
lowe on, New York or Chicago?"

The committee's ranking Democrat then and now is Mr John E
Rankin, who represents the interests of a minority of some five per-
cent of the disenfranchised inhabitants of Mississippi He is a man
who has used the words "kike," "Jew-boy," and "nigger" in open
debate on the floor of the House of Representatives.

Members of the committee who appeared from time to time
at the Hollywood hearings were Mr. John McDowell of Pennsyl-
vania, since defeated for reelection; Mr. Richard B. Vail of Illinois
since defeated for reelection; Mr. John S. Wood of Georgia who is
the present chairman of the committee and author of its demands
for college and university text-book litsts; and Mr. Richard M. Nixon
of California.

The hearings were held in the Old House Office Building before
some eighty representatives of the American and foreign press
They were recorded and broadcast by every major radio network
and by innumerable independent stations. They were reported in
every capital of the world. A battery of eleven newsreel cameras
covered the event for motion picture audiences.

Witnesses were divided into two groups, labeled by Mr. Thomas

friendly" to the committee and "unfriendly." The friendly witnesses

were again divided into writers and actors who came principally to

accuse; and producers and labor executives who appeared to defend

their special interests in the matter at issue.

It would be difficult to Imagine more eloquent assertions of loy-
alty than those made before the committee by the subpoenaed
producers: "I feel very proud to be an American. I spent three-odd
months in Europe, and I saw the consequence of people who killed
laws, who destroyed freedom of enterprise, individual enterprise
private enterprise . . . I . . . naturally am in favor of anything that
IS good for all Americans ... I am for everything you have said
. . . It was the statement of a real American, and I am proud of it
. . . I don't think we should be too tense on this. Being too tense

I think you end up without any tense. ... I find these people have
not attacked the government with violence and overthrowing. . . .
We will certainly continue, as long as we are in the nnotion picture
industry, to aid this great country of the United States with every
ounce of energy we possess ... I had nothing to do with Russia
in 1944. I want no part of it. ... We rely on a deep-rooted, pervad-
ing respect for our country's principles. ... I can't, for the life of
me, figure where men could get together and try in any form, shape,
or manner to deprive a man of a livelihood because of his political
beliefs."

Or: "I have abundant reason to cherish the blessings of our
democracy ... If they should find anything detrimental to the
American Government or the Congress I would never allow anything
against anybody in our government or in our Congress, I would
never allow them to have a laugh at such a serious price ... I have
got to confess that was the only time in my life that I gave money
to Russia, and if I were to be told that two years ago, God help the
one that asked for it. But when they made the plea that we must
go out and help Russia, I felt I would rather they kill Russians than
kill Americans and I gave them money. I made the picture in the
same spirit ... I am convinced of that. I am under oath, and if I
met my God I would still repeat the same thing."

One there was among the producers-a man of higher intellect
and morality than those with whom he had been cast~who declared
to the committee: "I can tell you personally what I feel. Up until
the time it is proved that a Communist is a man dedicated to the
overthrow of the Government by force or violence, or by any il-
legal methods, I cannot make any determination of his employment
on any other basis except whether he is qualified best to do the job
I want him to do."

Yet it was this man, upon his return to Hollywood, who accepted
the chairmanship of the producer committee to enforce the blacklist.
Asked by a New Yorker reporter why he had changed his mind, he
replied with stark simplicity that he had done it to hold his job. Such
is the flavor of toad-meat on the tongue of an aspiring man.

The writers who appeared as friendly, or complaining, witnesses,
were of a different stripe. Throughout their testimony ran the plaint-
ive wonder of men who somehow have been passed by in the race
for whatever rewards Hollywood may offer: ". . . it is very easy for
him (the story editor) to load the (employment) list with Communists
(the reader) prepares a very bad synopsis of all material sub-
mitted by people who are not Communists ... I know anti-Com-
munist writers in Hollywood who have been forced practically to
starvation by the refusal of the Communist writers to work for
them . . . Those members of the Story Analysts Guild (readers) who
are sympathetic to or followers of the Communist Party, are in a

10

position to promote, all things being equal, one submitted piece of
material coming from people sympathetic to their cause, and to sup-
press material coming from anybody unsympathetic to their cause
. . . I wrote a story. They were scared off, and never did the pic-
ture . . . Hollywood writers . . . have been scared . . . intimidated
. . . I was very much in need of money. I have a wife and two
children. A job was very precious to me. I sold a producer at
Paramount an idea for a story that I had and he hired me and to

my joy assigned me to work with . . . But I soon discovered

that his ( 's) love of mankind did not extend to me ... I think

they should be silenced, deported, or treated as the spys and agents
they are. I am the utmost believer in tolerance there ever was,
but . . ."

Here the motive is clear. These witnesses had enjoyed indifferent
success in the sale of their literary creations to the screen, and their
employment records were spotty. They wanted the jobs held by the
men they accused of being Communists, and they forthrightly so-
licited the aid of the committee in eliminating competition. Despic-
able, perhaps, or not, as one may view such matters; but certainly
not devious, nor beyond the comprehension of reasonable men.

The actors, successful artists all and therefore without private
axes to grind, appeared to speak from the deepest wellsprings of
patriotism. True, their testimony was prepared by others and care-
fully rehearsed in advance with Mr. Robert Stripling, committee
investigator. But they were eager participants in the show, and their
performances seemed to reflect a solemn conviction that their ac-
cused fellow-workers were so actively engaged in revolutionary
foment their their violent overthrow of the government constituted
an imminent peril. Possessed of such convictions— if, indeed, they
were convictions— no man may be condemned for voicing them,
although the choice of tribunal in this instance may not have been
well considered.

By far the most complex of ail the friendly witnesses were the
two labor executives who, professing widely differing points of view,
nonetheless revealed striking similarities as their testimony unfolded.
In contrast to the feelings of most men who are invited to participate
in such a display, both of them professed their eagerness to testify.
"I welcome the opportunity," said the international representative
of the I.A.T.S.E. "I would be here, whether you gave mc a sub-
poena or not," said the president of the Screen Writers Guild.

Botii men, leaders of labor and presumably aware of those acts
of Congress which for thirteen years have barred compulsory reve-

11

lation of trade union membership, appeared zealous to discard such
immunities, not only for themselves but for other trade unionists as
well. "I see no reason at all why today a m^n should deny his mem-
bership in an American trade union— none at all," said the trade
union leader. "I wanted to volunteer the information that I am both
a member and serving my third term as president," said the Guild
executive, adding that he was "delighted and proud" to do so.
Neither man appeared willing to pay even lip service to a tradition
of secrecy, the destruction of which, to Negro trade unionists and
organizers in the South, often brings swift and violent death.

Still another similarity between the two stood forth in the reve-
lation that each was appearing before the committee for the avowed
purpose of winning a union fight in which he was engaged. The
I.A.T.S.E. unions at the moment were violating the picket-lines and
taking over the struck jobs of painters, carpenters and story analysts,
all of whom the trade union witness accused of being Communists
and hence fair game. "We hope," he said, "that with the help of
the committee, the Communist menace in the motion picture industry
may be successfully destroyed, to the end that Hollywood labor may
be spared in the future the strife and turmoil of the immediate past."

The president of the Screen Writers Guild also had a union prob-
lem. Elections were shortly scheduled in his guild, and some of
the candidates for directorships were those same unfriendly wit-
nesses the committee was indicting for contempt of Congress. The
guild executive had himself three times been elected president of
the guild with the support of the unfriendly writers. He had also
run for Congress in 1946, and had solicited their names as sponsors
of his candidacy, used their homes for election speeches, and reocTily
accepted their financial contributions to his campaign chest. But he
was presently involved in a coalition with the complaining writers
who had already testified, in an effort to defeat his former sponsors
in their guild candidacies.

Lest his appearance be misinterpreted as a moral stand against
the committee's investigation, he made his position perfectly clear.
"My only concern with respect to this whole proceeding, Mr. Chair-
man," he declared, "is merely that people might go back home and
think that they have been political martyrs. An election in Novem-
ber which is coming up in our Screen Writers Guild might be seri-
ously affected, and not for the better, if people thought that perhaps
government had interfered any more than was necessary in the
normal operations of the guild."

How much government interference he felt "was necessary" in
the guild he otherwhere revealed by stating that he had "appeared

12

f

before the FBI voluntarily and had offered to put myself and any
records of our guild completely at his disposal at any time." This
generous act, performed without consent either of board or mem-
bership, established his respect for the privacy of union business: he
believed in the principle of the "partial virgin" and had succeeded
in making one out of his own bargaining organization.

To Mr. Archibald MacLeish's query, addressed to the nation
during the committee hearings— "The question before the country
is— can a Committee of Congress do indirectly by inquisition into
a man's beliefs, what the Constitution forbids Congress to do di-
rectly: And if it can, what is left of the Constitution and the freedom
it protects?"— the guild president paid no heed. He was not con-
cerned with the issue raised by Mr. MacLeish: he was impetuous
in his desire to answer questions the committee had not even pro-
pounded to him: he was willing to forego any obligation to "the
Constitution and the freedom it protects."

"I have a piece of information that I would like to put in the
record on my own motion," he said to the committee, "and on my
own volunteering, because I am not sure as a student of constitu-
tional law whether the committee does have the authority to de-
mand it of me, but let me break the suspense immediately and tell
you that I am not a Communist." He then proceeded to tell the
committee what he was.

As the two labor representatives were dismissed, Mr. McDowell
thanked them for their cooperation. "You have been a good wit-
ness," he informed the union leader. And to the guild executive
he said: "It is a great relief to have you testify, to hear you testify

. without waving your arms and screaming and insisting that
something was being done to you-about the Bill of Rights. It is
good to hear somebody from the Screen Writers Guild talk as freely
as you have."

Clearly the urgency to defy the committee or to condemn its
activities was not strongly upon these men. In the full flux of the
Toad, voluntarily and without any compulsion, they surrendered
two vital constitutional outposts. Their capitulation served not only
to repudiate those witnesses who had refused to bow before the
committee; it actually provided the committee with righteous am-
munition for the waging of its future campaigns against trade
unions, atomic science and-as Mr. De Voto has pointed out with
such justifiable concern— academic freedom itself.

Only one other position-aside from that of the unfriendly
witnesses-remains to be dealt with: that of Mr. Eric Johnston,

13

president of the Motion Picture Association of America. A series
of chronological quotations will serve much better than analysis
to illuminate the quality of his mind.

In the opening week of the hearings, in the presence of attorneys
for the producers and the unfriendly witnesses, Mr. Johnston said:
"As long as I live I will never be a party to anything as un-American
as a blacklist, and any statement purporting to quote me as agreeing
to a blacklist is a libel upon me as a good American . . . We're not
going to go totalitarian to please this committee."

On the morning of October 11, in a full page newspaper ad-
vertisement, Mr. Johnston wrote: "One of the most precious heri-
tages of our civilization is the concept that a man is innocent until
he is proven guilty."

On the afternoon of October 27, appearing as a witness before
the committee, Mr. Johnston said: "Most of us in America are just
little people, and loose charges can hurt little people. They can
take away everything a man has-his livelihood, his reputation, and
his personal dignity. When just one man is falsely damned as a
Communist in an hour like this when the Red issue is at white heat,
no one of us is safe."

On November 20, before a New York audience, Mr. Johnston
said: "Freedom of speech is not a selective phrase. We can't shut
free speech into compartments. It's either free speech for all Amer-
ican institutions and individuals or it's freedom for none-and no-
body."

On November 26-six days later-in the Waldorf-Astoria Hotel
in New York City, Mr. Johnston issued a statement which read: "We
will forthwith discharge or suspend without compensation those in
our employ, and we will not re-employ any of the ten until such
time as he is acquitted, or has purged himself of contempt, and de-
clares under oath that he is not a Communist ... In pursuing this
policy, we are not going to be swayed by any hysteria or intimida-
tion from any source. We are frank to recognize that such a policy
involves dangers and risks. There is the danger of hurting innocent
people, there is the risk of creating an atmosphere of fear. Creative
work at its best cannot be carried on in an atmosphere of fear. We
will guard against this danger, this risk, this fear. To this end we
will invite the Hollywood talent guilds to work with us to eliminate
any subversives . . . Nothing subversive or un-American has ap-
peared on the screen . . ."

On December 4, Mr. Johnston appeared before the Golden
Slipper Square Dance Club in Philadelphia, to accept its 1947 Human-

14

itarian Award for the film Crossfire, produced and directed by Mr.
Adrian Scott and Mr. Edward Dmytryk, two of the men just banished,
by his own edict, from the Hollywood scene. Mr. Johnston rose to
this awkward occasion with these words: "Intolerance is a species
of boycott, and in any business or job, boycott is a cancer in the
economic body of the nation . . . Hollywood has held open the
door of opportunity to every man or woman who could meet its
technical and artistic standards . . . What (our industry) is interested
in is his skill and talent, his ability to produce pictures for the joy
and progress of humankind."

A year later, in December, 1948, testifying for the defense in
the trial of Mr. Lester Cole's suit against his blacklisting by Metro-
Goldwyn-Mayer, Mr. Johnston said of the producers' conference
which preceded the blacklist: "I then arose and said that, in my
opinion, these men would have to make up their minds. I think I
used the expression they would have to fish or cut bait-that I was
sick and tired of presiding over a meeting where there was so much
vacillation."

Comment would becloud the record. Mr. Johnston is as simple
and uncomplicated as a million dollars: if he hasn't received them
by now it provides a shocking commentary on the gratitude of
princes.

15

At the outset of the Hollywood investigation, the unfriendly
witnesses in a full page advertisement— they spent some $70,000
of their own funds during the hearings in an efiport to present their
side of the case— left no doubt as to the position they would take
when called upon before the committee.

"We propose/' read their statement, "to use every legal means
within our power to abolish this evil thing which calls itself the
House Committee on Un-American Activities and to put an end,
once and for all, to the uncontrolled tyranny for which it stands."

Later, after some of their number had appeared before the
committee and received citations for contempt, they further elab-
orated their stand in an advertisement which stated:

"The Bill of Rights is so popular an organ in the body politic
that no public person dares refrain from paying it perfunctory
tribute. It is never questioned until someone demands that it be
used. At this point, the opposing forces, having almost forgotten
its existence, stand forth again to re-enact the struggle which gave
it birth— to determine once more whether it shall be the heart or
the vermiform appendix of our Constitutional system."

Almost two years later— the indicted witnesses by then engaged
in appeal to the Supreme Court— Mr. Archibald AAacLeish writing in
the Atlantic Monthly for August, 1949, struck the same note:

"Revolution, which was once a word spoken with pride by
every American who had the right to claim it, has become a word
spoken with timidity and doubt and even loathing. And freedom
which, in the old days, was something you used has now become
something you save -something you put away and protect like
your other possessions— like a deed or a bond in a bank. The true
test of freedom is in its use. It has no other test."

It ought only to be added that the use of freedom, the actual
invocation of the Bill of Rights, is an exceedingly dangerous pro-
ceedure; and that the paths of men who act, even upon sentiments
which receive universal acclaim, lead more often to jail than into
the sunlight of public approval.

Judicial opinions protecting the individual from inquisition are
many and nobly stated: they go back into the remote pages of
English history— "And so long as a man doth not offend neither in
act nor in word any law established, there is no reason that he

16

should be examined upon his thoughts or cogitation; for it hath
been said in the proverb, thought is free . . ." (Edward's Case: 1421)
—and have been brought into present times by living judges. A
summary of articles in the most important law reviews since the
Hollywood hearings indicates that a considerable majority of con-
temporary legal opinion supports the theory that no body, however
constituted, may ask the questions propounded during the Holly-
wood hearings by members of the House Committee on Un-
American Activities.

If, then, the questions are illegal, and in fact represent an as-
sault upon the Bill of Rights; and if the committee wilfully flies in
the face of the Constitution and persists in asking them— who is
left to provoke the legal conflict which alone can restore the rule
of law? Obviously the witness. At this point he stands in solitude
between the Constitution and those who would destroy it. He can
surrender or fight. He can assert his rights, or answer the questions.

The question of compulsory revelation of trade union affiliation is
not complex. The whole history of organized labor demands that
no precedent be set which may, under the compulsion of authority,
weaken the right of secret membership. There have been many
times in the past when compulsory disclosure led to death; there
are in the South even now instances of men lynched for trade
union activities; and we have no assurance there may not in the
future be other times when violence once more will attend the
path of the organized worker.

In addition to Congressional acts which prohibit compulsory
disclosure, and the National Labor Relations Act provisions for
secret ballot in the choice of unions, there exists in the instance
of the Screen Writers Guild a specific statement on the matter.

Mr. Charles Brackett, then president of the guild, testifying in
an NLRB hearing on writer representation in July, 1938, maintained
that the membership list of his organization must be held inviolable
and secret because of the possibility, then and in the future, of dis-
charge of members of the guild from their employment.

The question of political affiliation, hedged about as it is with
fear and almost tribal dread, is immensely more difficult. If a man
is a Communist and denies his affiliation before the committee, he
has committed perjury and he will go to jail. If he answers affirma-
tively, the second question put to him will be "Who else?" If he
refuses this answer he is in contempt in the same degree as if he
had refused the first, and he will go to jail. If he answers the
second, he will be confronted with the third: "Who are your rela-
tives? Your friends? Your business associates? Your acquaint-
ances?" At which point, if he complies, he is involved in such a
nauseous quagmire of betrayal that no man, however sympathetic
to his predicament, can view him without loathing.

17

His original affirmative answer will involve him in still other
difficulties, unless he has voluntarily and carefully selected the time
and place and circumstances of his revelation. He will lose his job.
His private life will be invaded by the FBI. His public life will be
subject to the chivalry of the American Legion. His friends and rela-
tives, his associates and merest acquaintances, will be shadowed
and harassed-even the most innocent, even those with whom he
is in political disagreement.

His compulsory confession will not affect his own destiny alone:
It will touch twenty, fifty, a hundred lives, baring each of them
to the ugly, discriminatory climate of the age. What had been
conceived as a brave and noble act becomes cowardly and ignoble.
Beyond this, it is wanton; for it was in anticipation of just such
emergencies of the individual at odds with the state that the Bill
of Rights was adopted. It was not conceived for the powerful and
the popular who have no need for it. It was put forth to protect
even the most hated member of the most detested minority from
the sanctions of law on the one hand, and of public disapproval on
the other. It was written, as Mr. AAacLeish has said, to be used.

If, however, a man is not a Communist, he must determine for
himself whether, by casting aside the immunity with which he is
clothed, he wishes to assist the committee in its pursuit of an illegal
end. He must consider the precedent which his act establishes. He
must decide whether he wishes absolution and approbation at such
hands. He must consider the frightened men of Germany, swarm-
ing and sweating to appease the inquisition, and the six million
people whom their appeasement delivered over to the executioner.
He must consider the texture of the Toad, and its desirability for
his children. Then he must say no to the question, or he must not
answer at all.

In four tumultuous days— October 27 to October 30— the com-
mittee cited ten men for contempt of Congress, charging them with
refusal to divulge their trade union and political affiliations. The
indicted men had been refused the right of cross-examination; they
had been denied the opportunity accorded to others to make state-
ments; they had been refused the right to introduce into evidence
those scripts which the committee charged carried subversive pro-
paganda; they had been refused the right to examine the evidence
against them. It has been said in the press— Indeed, it was said by
Mr. Thomas himself— that they made speeches to the committee;
but this appears improbable in view of the fact that the official
record of the proceedings runs to 549 pages, of which 37 contain
the testimony of the ten unfriendly witnesses.

As each man was dismissed from the chair a dossier of his
activities was read into the record, there to stand for all time, beyond
challenge, beyond legal attack, beyond . correction. The dossiers

18

represented the accumulated talent of seven investigators, headed
by a former FBI agent, Mr. Louis J. Russell. Citizens who trust their
security to the FBI may be Interested to discover the quality of Mr.
Russell's police work. A sample dossier shows the entire evidence
to consist of 55 newspaper clippings, eight letterheads, three pam-
phlets, two open letters, two circulars, one printed program, one
advertisement, one novel, one standard reference book— and six
unsupported statements, none of them alleging Communist party
membership.

The value of such material may fairly be judged by the follow-
ing accusation in my own dossier: "According to Variety of March
14^ 1941, page 2, Dalton Trumbo was the author of Remarkable
Andrew, which was so anti-British and anti-war that Paramount re-
fused to continue with the picture after paying $27,000 for it."

The facts are different. The Remarkable Andrew was a novel
written by me for which Paramount paid $30,000. I wrote the screen-
play. The picture was produced, and released both here and in
England. Mr. Winston Churchill— here I resort to Mr. Russell's con-
cept of evidence, and cite Robert E. Sherwood's Roosevelt and Hop-
kins—thought well enough of the film to cable Mr. Roosevelt in
Washington urging him to see it. The novel was published in Eng-
land, where all of the author's royalties were paid over directly by
the publisher to the Lord Mayor of London's Fund for the Relief of
Bombed-Out British Children.

Climax of each dossier was the reading into the record by Mr.
Louis Russell, from what he claimed to be original documents, of
the accused man's "Communist Party registration card." Demand
was made— and refused— that the accused be permitted to examine
the cards. The most cursory investigation would have revealed that
a registration card is not a membership card, nor a duplicate of one,
but merely the alleged office record of an alleged card.

The Government, in its trial of the twelve Communist leaders
in New York City, has developed the fact that the Communist Party
of America was dissolved on May 22, 1944, and became the Com-
munist Political Association. It continued to be the Communist
Political Association until July 29, 1945, when it was reconstituted
as the Communist Party. Yet the alleged cards introduced into evi-
dence were all "Communist Party" registration cards dated in No-
vember or December of 1944 to cover the year 1945. They were
"Party Cards" when no party was in existence. "Whether that change
of name represented a technicality or an actuality is beside the
point," Mr. Ring Lardner Jr. wrote in the New York Herald-Tribune.
"Obviously the Communists themselves must have taken it seriously
enough to alter their official documents."

19

No action, performed in the glare of such publicity and under
threat of universal reprisal, can be pleasing to everyone. There
have been criticisms of the conduct of the ten before the committee,
and of their later strategy in the struggle that ensued. Some were
justified and some were not. Second performances are always bet-
ter than opening nights, although it must be remembered in this
instance that the cast did not aspire to the roles they essayed.
They were dragooned into the play against their wills, and in the
absence of more expert performers they were obliged to interpret
the piece as they understood it.

The most importunate suggestion made by their most friendly
supporters urged them, after having received their citations from
the committee, to make announcement of their political affiliations
to the press. Such action, dramatic as it might have been, would
have negated all that went before. The right to secret political
opinion or affiliation is founded upon the right of disclosure by
choice, not by coercion. The committee was seeking to destroy
people and to censor an entire medium by forcible disclosure of
opinion. For the witnesses to have revealed to the press that which
they had withheld from the committee would have aided the com-
mittee in its objective quite as effectively as direct revelation upon
the stand. The accused men made their stand before the committee
to reestablish their right of privacy, not only in law but in fact. They
actually believed in it.

To assert the right of privacy against committee pressure and
immediately surrender it to public pressure would be to render
meaningless a principle which must exist not only in law but in
life itself; for it is only in the day-to-day actions of living men that
laws achieve reality. Privacy in relation to political opinion means
secrecy. What principle, then, is served by defending the right
of secrecy in law only to reveal the secret in life? In such an event
law becomes a meaningless ritual, unrelated to life and unworthy
of pespect; and those who have invoked it only to cast it contemptu-
ously aside become the betrayers both of law and life.

In April of 1948, two of the indicted ten were brought to trial
in the Federal Court of Washington, D.C. A later agreement stipu-
lated that the remaining eight would accept the judgment of the
first two as their own. Both defendants were convicted by juries
consisting in part of government employees who were required to
judge impartially between their employer and the accused in a
district which has not recorded an acquittal on any charge involving
political irregularity in many years. They were given the maximum
sentence of a year in jail and a fine of one thousand dollars. They
were not permitted to introduce their allegedly subversive motion
picture scripts into evidence; nor were they permitted to prove,
through expert witnesses, that control of the ideological content of

20

!

motion pictures lay not in their hands at all, but in the hands of the
producers.

On June 13th, 1949,— the day on which Dr. Hjalmar Schacht was
cleared by a de-Nazification court in Stuttgart— the Court of Appeals
for the District of Columbia, in a unanimous verdict written by Mr.
Justice Clark, upheld the convictions in the following words: "Neither
Congress nor any Court is required to disregard the impact of world
events, however impartially or dispassionately they view them. It
is equally beyond dispute that the motion picture industry plays a
critically prominent role in the molding of public opinion and that
motion pictures are, or are capable of being, a potent medium of
propaganda dissemination which may influence the minds of millions
of American people. This being so, it is absurd to argue, as these
appellants do, that questions asked men who, by their authorship
of the scripts, vitally influence the ultimate production of motion
pictures seen by millions, which questions require disclosure of
whether or not they are or ever have been Communists, are not
pertinent questions."

The Court of Appeals has answered Mr. De Voto's admonition
to the embattled universities with a clear verboten. The Court of
Appeals holds that speech can be controlled whenever it relates to
an important and vital matter or is expressed through an effective
medium of communication. Freedom of speech is thereby reserved
only for unimportant speech ineffectively communicated. Since the
instruction of youth is a vital matter and the profession of teaching
an effective means of communication, the schools and universities
of the country— by order of the court— must yield up not only their
textbooks, but their instructors as well.

All effective communication upon any important subject—
whether it occurs in a newspaper, the cinema, the radio, the theatre,
the novel, the short story, the press, the laboratory, the pulpit or the
classroom— becomes, as of June 13, 1949, the legitimate object of
government regulation.

Mr. John S. Wood of Georgia is now more important to the
theatre than Mr. Arthur Miller, to nuclear physics than Dr. Albert
Einstein, to education than Dr. James B. Conant.

The standards of the Toad have achieved the sanctity of written
law.

21

What is it, then, which delivers the leaders of a great nation
into such an excess of hysteria that they fear and actually assert
their power to prohibit the utterance of any word which may be
spoken in opposition to their purposes? What great designs must
there be shrouded in darkness? What visions have disturbed the
national dream to invoke this high and holy madness?

AA. de Caulaincourt, Duke of Vicenza and general under the first
Napoleon, relates in his memoirs a conversation he held with the
Emperor at St. Cloud in 1811 -the year in which that able tyrant
was perfecting his plans for the conquest of Russia:

"The Emperor repeated all the fantastic stories which, to please
him, were fabricated in Danzig, in the Duchy of Warsaw, and even
in the north of Germany— stories the accuracy of which had been
disproved time and again, sometimes by means of investigations
carried out on the spot, sometimes even by the march of events.

" 'Admit frankly,' said the Emperor Napoleon, 'that it is Alex-
ander who wants to make war on me.'

" 'No, Sire,' i replied once again, 'I would stake my life on his
not firing the first shot or being the first to cross his frontiers.' "

Napoleon, obsessed with his great objective and unwilling to
hear any word against it, later remarked in Caulaincourt's presence:
"AA. de Caulaincourt has turned Russian. The Tsar's beguilements
have won him over." And then, speaking directly to Caulaincourt:
"You have turned Russian, haven't you?"

To which the general replied, "I am a good Frenchman, Sire,
and time will prove that I have told Your AAajesty the truth, as a
faithful servant should."

Time did prove it, when Caulaincourt accompanied his beaten
Emperor in that famous personal retreat from AAoscow and a starv-
ing army. Throughout the whole long journey Napoleon made no
mention of their previous disagreement. He was too engrossed in
savoring the destiny of men in whose ears the voice of moderation
is always amplified to treason.

AAr. Archibald AAacLeish in the Atlantic AAonthly observes the
same symptoms in America and diagnoses the national malaise in
this way: "What is happening in the United States under the impact
of the negative and defensive and often frightened opinion of these

22

i

years is the falsification of the image the American people have
long cherished of themselves as beginners and begetters, changers
and challengers, creators and accomplishers. A people who have
thought of themselves for a hundred and fifty years as having pur-
poses of their own for the changing of the world cannot learn
overnight to think of themselves as the resisters of another's pur-
poses without beginning to wonder who they are. A people who
have been real to themselves because they were for something can-
not continue to be real to themselves when they find they are merely
against something."

Although he arrives at a conclusion with which this writer is not
in sympathy, AAr. AAacLeish has here reached the core of the matter.
We are against the Soviet Union in our foreign policy abroad, and
we are against anything partaking of socialism or Communism in our
Internal affairs. This quality of opposition has become the keystone
of our national existence. Being only against something and never
for anything, we must equate every act in terms of the act of our
opponent. What our enemy does we must not do; what he does
not we must at any cost do ourselves. Each morning we observe the
drift of the wind out of the Don Basin. At lunch-time we test the
temperature of the Siberian wilderness. At night we are canny with
the moon, for it shines also upon the domes of AAoscow.

If there be hurricanes in Florida we must discover more savage
gales in the Crimea, for sunshine and citrus are to be found there,
TOO, although of an inferior quality. If we keep fifteen million
Negroes in desperate peonage, it is not so bad if only we can unearth
twenty millions in Russia suffering a more brutal peonage— and white
peons at that. If, by some evil chance, a two-headed monster
is born to a AAinnesota housewife, then we are obliged to make of
it a virtue by proving that Russian mothers are compelled to beget
two-headed monsters as a matter of national policy.

The Soviet Union has become a moral yardstick by which we
evaluate our national deeds and virtues. We must commit no deed,
large or small or good or bad, without first measuring it to the
Soviet pattern. And if, in making our daily genuflections toward the
Kremlin, its towers are obscured by fog, we are paralyzed. We can-
not move at all until the weather clears.

The attitude has developed into a full-blown cult, complete with
hierarchy, prophets and lay readers: the cult of the New Liberalism,
or the "non-Communist left." No one in his right senses would wish
to quarrel with any progressive political coalescence, for the forces
to the left of center have been seriously weakened by four years
of ferocious attack, and certainly recruits are to be desired. But the
New Liberals have no stomach for liberalism itself, save on a high
and almost theological plane. When the battle is actually joined on

23

a specific issue involving the lives and rights of existing men— as in
the recent case of the Trenton Six— they are not to be found in the
lists. They abandon such earthy matters to organizations designated
"subversive" by the attorney-general, meanwhile engaging their
own energies in the production of spirited manifestos in support of
the status quo antebellum, which is the furthermost limit of their
aspirations.

The self-conscious label "non-Communist left," indicating more
what rhe worshippers are not than what they are, is naturally re-
flected in cult policy. Any serious examination of the sacred writings
of the "non-Communist left" reveals that it has, in fact, become the
"non-anH-fascist left." Its collective zeal is expended not in being
"non-Communist" but in a fight waged almost exclusively against
Communists. The difference is not subtle. It transforms the whole
spirit of the movement. Its dogma has become nine parts anti-
Communism to one part anti-Toryism, or anti-reaction, or— comically
enough— anti- anything but fascism. For fascism in the dirty word of
the sect: it must not be used because it has been willed out of
existence.

During a period when Communists, real or alleged or only sus-
pected, are being prosecuted everywhere for their thoughts and
speech and never for their acts, the "non-Communist left" has in-
voked a unique attack upon all who protest such obvious violations
of civil rights. "Would you," they demand, "protest so loudly if the
victims were fascists?"-thus beclouding the fact that except for the
fascist Terminiello, who was freed by the Supreme Court on the
grounds that his right of free speech had been violated, there is no
single instance in the country today of a fascist being haled before
any tribunal to account for his thought or speech, or even being
seriously prosecuted for the commission of such actual crimes as
lynching, flogging and arson. By equating Communism with
fascism they bring to mind that other "non-Communist left" which
on May 17, 1933 gave a unanimous vote of confidence to Hitler's
foreign policy— and four weeks later found itself outlawed by the
policy it had endorsed.

The New Liberals are fondest of citing the Nazi-Soviet non-
aggression pact of August 23, 1939 as authority for a doctrine
formerly subscribed to only by Mr. William Randolph Hearst and
his peers. But search through their holy writings as you may, you
will find no mention of the French-Italian agreement of January 7,
1935; the Anglo-Nazi Naval treaty of June 18, 1935; the British-
Italian accord of April 16, 1938; the Munich pact of September 29,
1938; the Anglo-Nazi non-aggression pact of September 30, 1938; or
the French-Nazi non-aggression pact of December 6, 1938-all of
which preceded and considerably affected the one pact they cherish
and recall.

24

Neither do they mention the fact that Roosevelt, Churchill and
Stalin at Yalta pledged themselves to "wipe out the Nazi party,
Nazi laws, organizations and institutions, remove all Nazi and mili-
tarist influence from public office and from the cultural and economic
life of the German people." For the liberated areas they pledged
themselves to "processes which will enable the liberated peoples to
destroy the last vestiges of Nazism and Fascism." At the opposite
end of the pole they pledged that "all democratic and anti-Nazi
parties" including quite naturally the Communist "shall have the
right to take part and to put forward candidates." The leaders of
the democratic coalition did not equate fascism with Communism.

If the New Liberals really believe the doctrine they put forth,
they must equate the racial mystique of Nietsche, Houston Stewart
Chamberlain, Hitler, Rosenberg and Goebbels with the writings of
Marx, Engels, Lenin and Stalin. They must equate 6,000,000 Jews
burned and gassed and rendered into soap in the territories of Nazi
Germany with 3,500,000 Jews living in the Soviet Union under the
protection of laws which ban discrimination of any kind. They must
equate the slogans "Blut und boden" or "Bin Volk, ein Reich, ein
Fuehrer" with the slogan "From each according to his ability, to each
according to his work." It is quite possible to disagree with each
factor of every equation; but reasonable men simply cannot maintain
they are the same.

Thus the New Liberals are deflected by the holy sickness from
any effective attack upon what I am sure they call the "non-fascist
right," and have become even more ardent in their genuflections
toward Moscow than the State Department itself. To illustrate by
one of a hundred quotes: "The slums of America are breeding spots
of Communism, and in passing this (housing) legislation we will be
striking a blow against Socialism and Communism and for our free
enterprise system and our American democracy."

Eliminate the slums because they are indecent and unjust? Be-
cause they spawn disease and torment and illiteracy and death? No.
Eliminate them because they breed Communism. We do not ac-
complish the good deed for itself; we do it as an act of war forced
upon us by an implacable enemy. And without Communism, one
is tempted to ask— what then? Since no moral purpose impels us
to slum-clearance, we would take no action if the menace of Com-
mun"rsm did not exist. But, one asks, if slums are of themselves
rotten, and if it is the pressure of Communism which obliges us to
eliminate this rot— what then becomes the role of Communism in
such a system of logic? It becomes the role of virtue; the catalytic
agent through which progress is accomplished; the enzyme without
which no improvement is possible. It becomes, by the speaker's own
reasoning, a very good thing. This is not what the speaker means,
for he hates Communism. But it is what he said.

25

How different the voice of President Roosevelt, vs/ho was not
afflicted with such holy madness: "There are those who say there
is no answer, that this great city and all great cities must hide m
dark alleyways and dingy street buildings that disgrace our modern
civilization; where disease follows poverty and crime follows both
... I believe you will take this up as a body, in mutual confidence,
and apply your most practical knowledge to this matter of housing
our poor."

Or that even greater moment when he said: "I see one-third of
a nation ill-housed, ill-clad, ill-nourished. It is not in despair that I
paint you that picture. I paint it for you in hope - because the
nation, seeing and understanding the injustice of it, proposes to
paint it out."

There spoke the voice, as Mr. MacLeish puts it, of "beginners
and begetters, changers and challengers, creators and accomplish-
ers." The voice of a people moving with sanity toward a moral ob-
jective, not to win strategic advantage in a cold war, but to exalt
the dignity of man.

Even so distinguished a lady as Mrs. Eleanor Roosevelt falls
victim now and again to the current fevers. "One hundred forty-five
persons were injured," she writes of the Peekskill riots; "Fifty busses
were stoned, and a number of private cars, many of which did not
contain people who had been at this concert, were molested and
damaged. This is not the type of thing that we believe in in the United
States. If peaceful picketing leads to this, all the pickets do is to
give the Communists good material for propaganda ... I was par-
ticularly sorry to hear that one of the busses and a number of cars
which were man-handled by a particular group that was not con-
trolled by the police authorities were cars that were returning from
the Hyde Park Memorial Library and held on people who had been
to the Robeson concert."

Mrs. Roosevelt, who has complained in her column that America's
treatment of Negroes provides fuel for Communist propaganda and
adds difficulties to her work on the Human Rights Commission of
the United Nations, goes on to say that: ". . . . if he (Mr. Robeson)
wants to give a concert or speak his mind in public, no one should
prevent him from doing so."

But this is not enough. She has already made the fatal conces-
sion to Mr. De Voto's principle of the "partial virgin." She is "par-
ticularly" sorry that visitors to Hyde Park were molested, along with
others who had not been to the concert. She disapproves molesta-
tion of her friends a little more than of those with whom she is not
in agreement. Her friends partake of the nature of innocence, and
those with whom she disagrees of guilt, and she is led by her dis-

26

I

like to an implicit disavowal of the Bill of Rights. She does not mean
it so, but that Is what she says.

By saying it she permits Miss Hedda Hopper to crawl into the
fatal breach there left unguarded, and tell her readers in the Los
Angeles Times: "Paul Robeson will appear at Wrigley Field Septem-
ber 30. I must say he's giving our people plenty of time to heat
up a reception." Thus a leading citizen of the world becomes linked
-however wide the degree of difference-by careless thinking and
a mutual enemy, to a common purveyor of small adulteries.

If the best and noblest among us falls victim to this sacred mal-
ady, it is not surprising that lesser men hasten to proclaim their in-
fection Thus the mayor of Los Angeles, his chief of police indicted
for perjury, his leading detectives torn between bribery and extor-
tion, his city overrun with gangsters, announces valid reason for a
cleanup:

"Nothing is more welcomed by Communists and the subversive
elements of our population than to see mistrust of government, con-
fusion, disturbance, and hoodlums, racketeers and those who make
crime their principal business profit, and the public interest suffer."

For a parallel one is obliged to go back to Alphonse Capone
eighteen years before the District Court of Appeals wrote his views
into law: 'Bolshevism is knocking at our gates. We can't afford to
let it in We have got to organize ourselves against it, and put our
shoulders to the wheel together and hold fast. We must keep the
worker away from red literature and red ruses; we must see that
his mind remains healthy."

Sometimes the inflamed grenadiers of the cold war, even though
moving toward a common goal, break the line of march to stab a
laggard, as when Mr. Arthur M. Schlesinger Jr., defending "The
Right to Loathsome Ideas" among university personnel, ran afoul of
Mr. Morris Ernst.

From the chilly heights of three years at Harvard, where he
holds an associate professorship in the department in which his
father occupies the Francis Lee Higginson chair of history, Mr. Schles-
inger hurled the epithet "wretched nonentities" at three University
of Washington professors who, combining sixty-six years of uni-
versity teaching in their total experience, had been discharged-two
for stating they were Communists, one for saying he had been.

Deploring the fact that the discharged men are "far more power-
ful in martyrdom than they were in freedom," and denouncing them
as "contemptible individuals who have deliberately lived a poi'licai
lie"-although it was their statement of the truth which proved their
undoing-Mr. Schlesinger arrived at the tortuous conclusion that, No

27

university administration in its right senses would knowingly hire
a Communist . . . But, once given academic tenure, none of these
can properly be fired on the basis of beliefs alone short of clear
and present danger."

Mr. Ernst, perceiving the flaws of the argument, hastened to
point out that the moral right to refuse to hire a scoundrel also car-
ries with it the obligation to fire him, no matter how long he has
browsed in the academic pasture. As for Mr. Schlesinger's theory ot
free speech in relation to clear and present danger, Mr. Ernst de-
veloped a totally new concept of speech. He distinguished between
free speech as commonly practiced, and "secret speech" as prac-
ticed by Communists. The latter variety, he asserted, carries with it
no immunities whatever.

Mr. Louis Russell, investigator for the Un-American Activities
Committee and an avid reader of The Daily Worker, The People s
World, Masses and Mainstream and Political Affairs, would be per-
plexed at Mr. Ernst's ideas about the "secrecy" of such speech. But
he would agree with his conclusions, as one day Mr. Schlesinger
will too, if he hasn't already; for they are all possessed, in only
varying degrees, of the same affliction.

Nowhere does the epidemic rage more fiercely than among the
publicists and critics and space-rate Cains who infest the half-world
of the semi-slick "reviews." No approach may be made to any
American work without evaluating it, for better or worse, against
its Soviet counterpart, or estimating its effectiveness m the cold war.

Mr. John Gunther is reproved in the pages of the Saturday
Review of Literature for his own reproval of Mr. Ernest Bevin, who
called Premier Stalin and Marshal Tito "thugs." The reviewer of
Behind the Iron Curtain pointed out that they are thugs, and in times
like ours one must call a thug a thug. Mr. Clifton Fadiman, same
magazine, worries about something called "the decline of attention
attributing it to "a wholesale displacement away from ideas and
abstractions toward things and techniques." And who is to blame?
"The movement toward displacement is the result of calculated
policy in such police states as the Soviet Union." Mr. Elmer Davis,
Saturday Review again, in passing on to a larger subject, and with-
out any supporting evidence, refers to the "defenestration" of Mr. Jan
Masaryk without a thought in his innocent mind of the death of Mr.
James Forrestal. There is scarcely enough toad-meat to go around.

Where amidst this "formidable army of sychophants and delators''
can be heard even the whisper of reason? Who in these frightened
ranks has ever stopped to ask himself: Is this after all a matter of the
intellect an affair of some philosophic substance, a question not
entirely'to be resolved by incantation? Has any one of them heard

28

above the din from Brocken the voice of
Mann saying: "I testify, moreover, that to
superstitious persecution of the believers
doctrine which is, after all, the creation
thinkers-l testify that this persecution is
persecutors themselves but also very ha
tation of this country?" No. That voice
sickness not only maddens its victims; it

such a one as Mr. Thomas
my mind the ignorant and

in a political and economic
of great minds and great

not only degrading for the

rmful to the cultural repu-
was not heard. The holy

deafens them as well.

These men who might have been the bravest and best loved,
these soldiers of the intellect to whom a troubled people looks for
truth, have abandoned the outposts of reason like unfaithful sentries
in the night. Hand in hand and chanting tribal hymns they have
deserted into the land of Chaos. There they sit in perpetual twilight,
confuting folly with unreason, muttering like frightened murshids of
the "mystery and menace of the Slavic soul." There they build their
fires before the ancient totems and prepare to offer up in living
sacrifice the mind of a generation.

* * * •

29

At the conclusion of the Hollywood hearings on October 31,
1947, the indicted ten again purchased newspaper space to declare:
"Not only a free screen, but every free institution in America is
jeopardized as long as this committee exists . . . Our original de-
termination to abolish the committee remains unchanged." They
also took this last opportunity to warn the country that education,
atomic energy and trade unions are the next targets" of the
committee.

How goes the matter two years later? How goes the loyalty
check— that iniquitous process which inquires of men whether they
associate with Jews or Negroes, what magazines they read, what
candidates they vote for, what meetings they attend?

It goes well. The city of Washington is a city of whispers, of
tapped phones and cautious meetings; a city whose very air is pol-
luted with the smell of the secret police. "There are political forces
so manipulating things on Capitol Hill today," writes Roscoe Drum-
mond, Washington bureau chief of the Christian Science Monitor,
"that Congress is being put in a position of being so almost totally
concerned with exposing and condemning the activities of Com-
munism in the United States that It is almost totally unconcerned
with exposing and condemning the activities of fascism in the United
States , . . This isn't protection of democracy at all; this is imperiling
democracy . . . There are so many evidences of Congressional pre-
occupation with the dangers of Communism to democracy and Con-
gressional indifference to the threats of fascism to democracy that
they no longer can be dismissed as casual or unintentional. They
appear delibe'-ate and purposeful."

From the postal services of outlying cities there come occasional
reports, cautious and confidential and never complete. They read
like casualty lists from a battleground, as indeed they are: Of 34
persons known to have been purged in Cleveland, 24 were Negroes
and four were Jews. Of 41 known to have been discharged in
Philadelphia, 12 were Negroes and 21 were Jews. Of 14 known
to have been fired in Los Angeles, 12 were Negroes and one was
an American of Mexican origin. Of 133 known to have been fired
throughout the country, 72 were Negroes and 48 were Jews.

This is not surprising. Anti-Semitism and Negrophobia among
Federal bureaucrats is well known and never mentioned. With the
policy-makers of such Neanderthalic cast it is only reasonable that

30

t^

purge lists should reflect their distaste. When they address the
world upon matters affecting the lives and fortunes of millions, or
when they weep in public for the oppressed and downtrodden of
other countries, it is well to remember that the voice is Democratia's
voice, but the hands are the hands of the Toad. The purges go well.

How goes Congressional censorship of motion pictures? It goes
excellently. The Committee on Un-American Activities called for the
discharge of ten men on political grounds. The motion picture
monopoly promptly broke all existing contracts with the accused
men and in theory at least, banned them for life from the practice
of their profession. Beyond the blacklisted ten there extends a vague
and shadowy "gray list" composed of scores of men and women
whose ideas and politics might possibly give offense to the com-
mittee. And beyond the gray list lies a wide and spreading area
of general fear in which unconventional ideas or unpopular thoughts
are carefully concealed by self-censorship.

The committee did not only tell the producers whom they might
not employ: it also told them what kind of pictures they must make
in the future. Throughout the hearings the com.mitee demanded
over and again why anti-Communis+ pictures were not being made
and when they would be made. The producers returned to their
studios and immediately set about the production of the films for
which the committee had called. The Iron Curtain, I Married a Com-
munist, The Red Menace, The Red Danube and Guilty of Treason-
all of them calculated to provoke hatred and incite to war-were
made without reference to audience demand, possible profit or
normal entertainment value. They were produced as the direct
result of Congressional command over the content of American
motion pictures.

Even though it is customary in intellectual circles to deplore
motion pic+ures as an art, it would be a fatal mistake to underesti-
mate them as an influence. They constitute perhaps the most im-
portant medium for the communication of ideas in the world today.
The Committee on Un-American Activities recognizes them, as such.
The Circuit Court of Appeals recognizes them as such. The Legion
of Decency end the National Association of Manufacturers and the
American Legion and the National Chamber of Commerce recognize
them as such. Unless intellectuals quickly come to the same con-
clusion and act as vigorously as their enemies, there is an excellent
chance that the American motion picture monopoly, abasing itself as
the German monopoly did, will succeed in its assigned task of pre-
paring the minds of its audiences for the violence and brutality and
perverted morality which is fascism.

How goes the encroachment of politics upon science? It goes
very well. Scholarships have been restricted to the elite,- the Con-

31

gress has asserted its power over atomic decisions, the President has
complained that the committee on Un-American Activities renders it
difficult to find competent personnel; the Federation of Atomic
Scientists has been ail but silenced; the conspiracy between the mili-
tary and the banks to surrender the incalculable riches of atomic
energy into private hands progresses nicely.

Mr. De Voto declares: "There is a growing suspicion, which a
lot of us would like aired, that the generals and admirals are de-
manding and being accorded the right to determine the political
(and what other?) opinions of the scientists whose salaries they are
paying. If they are not making that demand now, we can be quite
sure they will be tomorrow."

Dr. Edward U. Condon, head of the United States Bureau of
Standards, reveals that one of the charges made against him was
that "you have been highly critical of the older ideas in physics,"
and goes on to warn that "Anti-intellectualism precedes the totali-
tarian pusch, and anti-intellectualism is on the upswing here."

How goes the infliction of censorship upon art? It goes well.
Representative George A. Dondero of Michigan has addressed Con-
gress to the extent of ten columns in the Congressional Record on
the subject of "Communism in the Heart of American Art— What to
Do About It." Mr. Dondero was inflamed by a Gallery on Wheels-
an art exhibit for the benefit of the men in veterans hospitals, to
which 28 artists had contributed their work.

The Congressman cited fifteen of the artists as Communists or
sympathizers, and went into the political records of thirteen of them.
Important among the charges he made was support of Mr. Henry
A. Wallace's candidacy. Declaring that "the art of the Communist and
the Marxist is the art of perversion," he denounced the contributors
as ". . . radicals all . . . explaining their theories to an audience who
could not get away from them . . . They had a great opportunity not
only to spread propaganda, but to engage in espionage." One im-
portant art gallery also came under Mr. Dondero's fire, which culmi-
nated in a demand for "a major investigation on the part of ?. com-
petent governmental agency" and, while disavowing any intent of
censorship, demanded "directional supervision" of art critics by their
superiors.

Mr. Arthur Millier, art editor of the Los Angeles Times states that
the Congressman's attacks "have resulted in the return of paintings
t>y named artists to New York art dealers, the loss of a mural com-
mission and the expulsion of at least one well-known artist, a
National Academician, from 5 conservative artists' club." He also re-
ports that "the reviews of one New York critic, respected by her col-
legues, are reportedly being {personally edited by her publisher . . ."

32

Presumably the baiting of modern American art would not
trouble President Truman, who has participated in the sport himself;
nor the State Department which, under Secretary Marshall, abjectly
withdrew its traveling show of modern American artists at the first
breath of "conservative" criticism and sold it as war surplus.

How goes the campaign against free inquiry in schools and uni-
versities? It goes extremely well. The roll call of professors purged
during 1948: Dr. Clarence R. Athern, professor of philosophy and
social ethics, Lycoming College; Professor Daniel D. Ashkenas, Uni-
versity of Miami; Professor James Barfoot, University of Georgia;
Professor Lyman R. Bradley, head of the German department, New
York University; Professor Joseph Butterworth, associate in English,
University of Washington; Professor Leonard Choen Jr., University
of Miami; Professor Charles G. Davis, University of Miami; Professor
Ralph H. Gundlach, associate in psychology, University of Washing-
ton; Dr. Richard G. Morgan, Curator of the Ohio State Museum;
Mr. Clyde Miller of Teachers College, Columbia University; Professor
Luther K. McNair, Dean of Lyndon State Teachers College; Professor
Herbert J. Phillips, assistant in philosophy. University of Washington;
Dr. George Parker, professor of Bible and philosophy, Methodisi
Evansville College; Professor Ralph Spitzer, University of Oregon,
Professor Don West of Oglethorpe.

Charges against these men ranged from stating under oath they
were Communists and being in contempt of the Committee on Un-
American Activities to supporting Mr. Wallace for the presidency and
running for the governorship of Georgia.

But the formal leaders of American education have gone even
farther toward restricting academic freedom. They have resolved to
save their house from the arsonists of the Un-American Activities
committee by setting fire to it themselves. In the recent report of the
National Educational Association and the American Association of
School Administrators— a synopsis of which was overwhelmingly
approved at the NEA convention— they have not only barred Com-
munists from their faculties; they have thoughtfully handed down a
plan for a complete renovation of the American mind.

The report was predicated upon the assumption th5t "the cold
war will continue for many years" and therefore requires a "basic
psychological reorientation for the American peop\e as a whole."
Admitting that "it is deeply patriotic to attempt to protect one's
country and one's fellow citizens from the calamaties of war" it
nevertheless points out that "in the years just ahead it will not always
be easy to teach such things as these in American schools." However
"the schools of the United States will certainly be expected and
required to continue their work in developing strong individual
national loyalties" which inevitably will reveal "the need for healthy

33

young people to wear uniforms and man machines . . . The repor
exhorts educators to work toward that time when education sha I
deserve to receive popular support "as an instrument of national
policy."

Education, hitherto presumed to consist of free inquiry into the
nature of tru h, thus becomes merely an "instrument of whatever

policy the nation momentarily may pursue. T^^;, P°''^V. ^XTouslv
outside the university and being on its own ipse d.x.t r.ght. obvou ly
cannot be subject to free inquiry. When policy has been made in-
quiry ceases. National policy is truth, truth is national policy. It
cannot be otherwise.

The report was signed by twenty leading educators, among them
that politico-military pedagogue. General Dwight D. E'S^^^^I^^J'^^^,;;^
Dr. James B. Conant of Harvard, who immediately afterward found
himself in a preposterous situation when the author ^^ ^^e A^Aaryland
Loyalty Bills-later declared unconstitutional-demanded that since
Dr. Conant had pledged himself to bar Connmunists from the uni-
versity in the future, he discharge those already employed. Dr^
Conant replied with a resounding peroration against faculty wi^h
hunts, but logic did not abide with him. He retired to the same
corner into which Mr. Ernst knocked Mr. Schlesinger, there to receive
unguents from the "partial virgin" who has made of that place her
domain.

We have retreated almost the full distance from President Roose-
velt's "No group and no government can properly prescribe pre-
cisely what should constitute the body of knowledge with which true
education is concerned. The truth is found where men are free to
pursue it" to William Jennings Bryan's "No teacher should be allowed
on the faculty of any American University unless he is a Christian.

There are, however, still men in the academic world who speak
out bravely. Dr. Robert B. Pettengill of the Teaching Institute ot
Economics, University of Southern California, writes in the Los Ang-
eles Times: "The fear of being accused of heresy causes professors
to lean over backward to avoid teaching anything which nnight make
them suspect. Impartiality is no longer safe. Partisanship on the
'right' side is the way to gain promotion. And those in the pay ot
approved groups or dependent upon their favor will continue as now
to violate the standards of free inquiry and free teaching in the
name of which you would purge Communists."

Dr Robert M. Hutchins, chancellor of the University of Chicago,
carried the issue boldly to the Illinois Subversive Activities Com-
mission. Pressed to admit that Communists were traitors upon the
evidence that President Truman had called them such, Mr. Hutchins
replied- "You will forgive me for saying there is reason why we
should not model our vocabularies on the President's." While ex-

34

pressing his opposition to Communism, he went on to say that "the
University of Chicago does not believe in the doctrine of guilt by
association. . . As is well known, there is a Communist club among
the students of the university. Eleven students belong to it. The
club has not sought to subvert the government of this state. Its
members claim they are interested in studying Communism, and
some of them, perhaps all of them, may be sympathetic towards
Communism. But the study of Communism is not a subversive
activity."

Professor Dwight E. Dumond of the University of Michigan con-
cludes: "What we must say is: that until every Teachers Oath law
is repealed; and every Board of Regents is told that it cannot inter-
fere with the inalienable rights of free discussion by faculty and
students, in the classroom and out, on the campus and off. . . . man's
eternal fight for freedom is dangerously compromised."

Mr. Dumond does not speak only for himself. In those universi-
ties where freedom of academic opinion is an established custom,
educators are speaking out boldly. When the Board of Regents of
the University of California recently prescribed a non-Communist
oath, the faculty academic senate at Berkeley, according to the
U.C.L.A. Bruin, rejected the proposal by a vote of "approximately
700 to one," while the same body of the university in Los Angeles
voted a unanimous no. The issue still remains to be fought out, but
at the University of California it does not go by default.

Mr. De Voto understands such matters. He is no Communist. He
is not sympathetic to Communism. He is, if I read his Harper's article
right, a convinced opponent of Communism and a formidable one.
But he understands a fight and he is hopelessly addicted to logic.
Speaking of those university heads who, announcing their intention
to resist inquisition, simultaneously agreed to ban Communists, he
says:

". . . they have already lost the battle of the outposts, and have
lost it by voluntarily retreating from a position of great strength. . .
If a college is to protect the freedom by which alone it exists in the
tradition of democratic education, it has got to run the risk. The
full risk." And the full risk, adds Mr. De Voto, is allowing Com-
munists on the faculty.

There is, indeed, no other stand to be made. Either the fight is
carried forward without compromise— in the civil services, in private
industry, in the arts, the sciences, the church, the universities— or it
will not effectively be made at all. The pastel feints of a Conant
or a Schlesinger, illogical as a flight of fleas, are worse than no fight
at all. They are mere quarrels, always attended by disaster, and their

35

creamy contradictions bring embarrassment to those who must clean
up the mess.

The fight has already begun, it has been going on for two years.
As of today it goes badly. If you are engaged in any work which
may be interpreted by any Congressman as dealing with the "mold-
ing of public opinion"; if you are involved with anything which is-
or is capable of being-"a potent medium of propaganda", or which
can "influence the minds of millions"; or if by "authorship" you
"vitally influence" anything which may be "seen by millions", you
are subject to every compulsion he may wish to put upon you.

That is the law as it stands in the case of the Hollywood Ten.
It is the law as it applies to you. Only the Supreme Court can
reverse this judgment. The Court has been tragically ravaged by the
death of two of its ablest members, Justices Murphy and Rutledge.
It is a Court the temper of which may have changed materially in
the past two months.

While it is true, as Mr. William Seagle remarks in his Men of Law,
that "a man cannot change a lifetime of habits of partisanship by
taking the judicial oath. The past is always an entangling alliance"-
what Justice Oliver Wendell Holmes said is also true:

"The felt necessities of the time, the prevalent moral and politi-
cal theories, intuitions of public policy, avowed or unconscious, even
the prejudices which judges share with their fellow men, have had
a good deal more to do than the syllogism in determining the rules
by which men should be governed."

If the fight is to be won we must therefore change "the prevalent
moral and political theories" and the "intuitions of public policy"
which may influence the Court. Here is a task which calls for more
than stately memoranda or measured speech unheard beyond the
cloister. It calls for crying out in the streets. We are witnessing the
murder of a tradition, and when murder is going on it is more hon-
orable to jostle angrily in public than to appear as witness at the
inquest.

Franklin Delano Roosevelt would have thundered out against
the treachery afoot and destroyed it. Those around him would have
thundered too. But not the least among the late President's talents
was his remarkable ability to make his associates appear to be men—
a piece of wizardry no one has been able to bring off since. Those
who were men in their own right still remain what they were. Mr.
Henry Wallace, Mr. Harold L. Ickes, Dr. Rexford Guy Tugwell, Mr.
Archibald MacLeish— these and certain others, while differing among
themselves, have not felt obliged to repudiate those principles
which animated their services to the Roosevelt administration. But
most of the late president's companions, deprived of courage and

36

•'

even of identity by his death, hang on in a pitiable state of sus-
pension, "half indoors, half out of doors," sniffing every breeze that
blows and unwilling to fight for anything but their share of the toad.

We shall have to do without these plastic warriors in the cam-
paign ahead. We shall have to depend upon our ability to summon
from its slumber the immense devotion to Constitutional govern-
ment which still abides with the American people. We shall have to
reassert the dignity of the intellect. We shall have to reestablish the
pleasures of reason. And in the course of it we shall have to rescue
those "partial virgins" of the mind from the low resorts into which
they have fallen and restore them to the house of their fathers.

It can be done. There are resolute men and women in the arts,
the sciences, the professions and the clergy if only they be heard;
and there are determined men and women by the millions outside.
The moral climate of a nation can be changed overnight if the crisis
be great enough, the will strong, the truth known.

But if it should occur in this battle of the mind against encroach-
ing and oppressive law that an occasional Communist appears upon
the lists, he must be defended too. Not with the high-piping invec-
tive of a Schlesinger, not while calling him a scoundrel worthy of
hell's own damnation, for if you defend him in this manner your
case is fatally weakened. If, because of the political labels attached
to men, you have lost all capacity to judge them by their words and
acts; if, in brief, you believe a Communist to be a scoundrel per se,
then you cannot defend him. But by the bitter necessities of history
and of logic, neither can you defend yourself.

Adolph Hitler said: "Bismark told us that liberalism was the pace-
maker of Social Democracy. I need not say here that Social Democ-
racy is the pace-maker of Communism." Similarly Mr. J. Parnell
Thomas equates "New Dealism" with Communism.

The legal principles which protect one against the force of the
state protect all. If a Communist comes first under attack and is
overwhelmed, the breach opened by his fall becomes an avenue
for the advance of the enemy with all his increased prestige upon
you. You need not agree with the Communist while you engage in
his and your common defense. You may, indeed, oppose him with
every honorable weapon in your arsenal, dissociate yourself from
his theories and repudiate his final objectives. But defend him you
must, for his defeat in the Constitutional battle involves the over-
turn of principles which thus far have stood as our principal barrier,
short of bloodshed, against fascism.

The case of the Hollywood Ten is not the first instance of a
challenge offered to the Committee on Un-American Affairs. Mr.
Eugene Dennis, General Secretary of the Communist Party; Mr. Rich-

37

ard AAorford of the Society for American-Soviet Friendship; Mr.
George Marshall of the National Federation for Constitutional Liber-
ties; the directors of the Joint Anti-Fascist Refugee Committee-these
and others have vigorously challenged the power of the committee
on half a dozen fronts. Without exception the men involved have
suffered conviction, and now rest their cases on appeal before the
Supreme Court. There has not yet been a single victory over the
committee in the courts.

How to cry havoc and yet not spread despair? It would be a
damaging overstatement to contend that the case of the Hollywood
Ten Is the ultimate battle-although the decision of the court is
sweeping enough to tempt such a conclusion-or that all depends
upon the outcome. The forces of repression have almost the endur-
ance of those of progress, and the contest between them will extend
into the remotest future. But there are landmarks; there are occasions
when one side has gained a decisive advantage, compelling the loser
to toil for weary years to regain a position even of competitive
equality.

it is no exaggeration to say that the case of the Ten represents
such a landmark. It is a direct challenge to the censorial power of
government over the human mind. If it is lost, the customary rights
of free speech-provided the government chooses to use the power
bestowed upon it, and governments rarely seek power for idle
purposes-may legally be abrogated. If it is won, then the sinister
twins of compulsory confession and political censorship will, at the
very least, have been stunned; not forever, certainly, but long
enough to give free men respite and time to marshal their energies.
The case is the immediate outpost in a long line of battle. If it holds,
all will hold, and even advance a little. If it falls, all will share in the
defeat and in the hard years of struggle to make up for it.

The issue being thus clearly joined, all who profess interest in
the preservation of Constitutional proceedure must accept the mater-
ials with which they have been presented-the Committee on Un-
American Acivities on the one hand and the Hollywood Ten on the
other-and enter into the conflict as their conscience dictates. Whether
they enter or not, they will be considerably affected by the out-
come, and it is generally accounted desirable to have a hand in one's
own fate.

-*

ABOUT THIS PAMPHLET!

Do you believe it makes a contribution to American life today?
Will you also make a contribution to American life today?

1. By contributing at least $1.00 to the Hollywood Ten.

2. By contributing personal energy to the sale and distribution of
this pamphlet. (Orders of 50 or more at Vh cents each)

Can you join this campaign:

NOT TEN YEARS-BUT TEN DOLLARS FOR THE TEN!

The Hollywood Ten

1574 Crossroads of the World

Hollywood, California

Enclosed please find $.

as my contribution to legal costs

and publication program of The Hollywood Ten.

Enclosed please find $ to cover cost of

pamphlets which I will distribute.

Name

Address

38

wi

IN THIS ISSB^^

ALASKA

NORTHERN OUTPOST RIDES A BOOM

*.**=.

^^

„ife„ j»«-*

>/<ii

r^

I.

STUART SYMINGTON

BOSS OF MOBILIZATION

RfO. U. S. PAT. OFf.

OCTOBER 2, 1950

I

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./-,

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I

EDUCATi

> ><

BOARD OF REGENTS meets at California, watched by a crowd of students
in the doorway. Second from the right is John F. Neylan, proponent of the non-

Cotnmunist oath. At far right is Cahfornia's Lieutenant Governor Goodwin J.
Krujifit, who went along with Neylan although Governor Warren opposed him.

THE REGENTS VS. THE PROEESSORS

University of California drops 40 courses as battle over non-Communist oath is carried into court

At the University of California last week a very
sad fact was being proved. The fact was that in
opposing Communism, Americans sometimes
create another evil. Already 163 professors had
been dismissed, and 40 courses in subjects from
Greek drama and physics to psychology and
economics of insurance had been dropped from
the university's curriculum because there were
no qualified men to teach them.

The trouble began in June 1949, when the
university's Board of Regents asked all U. of C.
professors to sign a non-C-ommunisl oath. Most
signed it, hut after over a year's wrangling 31
still refused, among them marjy distinguished
scholars. Their position was that w bile they too
opposed Communism, they also opposed the

dictatorial attitude of the regents and felt that
their academi«- freedom was threatened. There-
upon the regents {above) ^ egged "" hy John F.
Neylan, former attorney for the university's
big benefactor, Vt illiam Kandolpb Hearst, and
Oilman Ed Paule), whom the Senate did not
confirm in 1946 when President Truman tried
to make him Under Secretary of the Navy,
gave the professors their choice: sign or resign.
Not even the most vociferously anti-Red re-
gent publicly claimed that the 31 professors had
Communist leanings. In fact several regents,
including University President Robert Gor-
don Sproul, Governor Earl Warren and Admi-
ral Chester Nimitz, were opposed to the "sign
or resign" ultimatum and wanted to keep the

31 on the faculty. They were overruled. In t'te
face of this, six professors decided to sign the
oath and avoid further trouble. One resigned.
Twenty-four took no action at all and were dis-
missed, joined by three other faculty members
whose cases were still in doubt. Eighteen of
these, led by 61-year-oId Psychologist Edward
Chace Tolman {next page), decided to take
their fight with the regents to court. On Sept. 14
a district court of appeals heard their case for
reinstatement and took it under advisement —
it may take as long as seven months before a
decision is reached. Meanwhile the professors,
who have not been paid since last July, w ill con-
tinue to draw no salaries, and the University of
California will continue to offer fewer courses.

i

CONTINUED ON KCXT rl

U U L

Regent's

CONTINUED

/

ANTIOATH LEADER GETS SUPPORT BUT GOES ON EMPTYING HIS DESK

EDWARD TOLMAN, professor of psychology, is
the leader of the fight against tlie non-Coimnunist
oath. lie is 64, has taught at California for 32 years.

HE GETS ENCOURAGEMENT from frii ii.l^—
VI.I.T. Associate Professor Richard Bolt {left) and
his parents. Leaving, Bolt said, "Don't let it get you."

HE EMPTIES DESK, taking home a load of pa-
pers each day. "I don't think of myself as a martyr,"
lie says. "The students have gotten the raw deal."

-Am

.$'"c>'.

ON

r

. 1

•%^

FACULTY SYMPATHIZERS, most of whom
signed oath, chat with him in faculty dining room. He
has lost some friends, "which was the hardest part."

A STUDENT STOPS HIM to shake hands. Cam-
pus paj)er hlames professors and regents, says no oath
retjuirement should have l)een imposed in first place.

*

!

•<>^

^ Z". '

f t^ > '

••<»^

f '-

>

CROSSING CAMPUS on way to family club, he
passes under arch given by Class of 1910 in memory
of I'lioebc Apperson Hearst, W. R. Hearst's mother.

44

CONTINUCD ON ^A

■iC'eej

11 J u

U U L U

/

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46

Regents

CONTINUED

HISTORIAN l.ii. I Kan-
ton HMc/, ,')."), lias \>vrn at
(.'alifornia for I I yoars, lias
\\ I illfii loiirhrtoksorriifdi-
t\al liislory. I*olis|i-|)orn,
now a I .S. rili/i'ii, he was
woninlciliii iWJHin Miinitli
liallliiij; (iomiiiiiiiisls. He
too rrriib*^! to .-i;rn: "I wotilrl
not accept a c«»tii[troniisc."

HISTORIAN Leonardo
( )lscliki, 65, was thrown out
of Germany by the Nazi.s,
out of Italy by Mussolini.
1 le refused to sign, sayinjr,
I liave the impression I am
fi^'lilin^' the same foes. 'Ihe
oath is inadeipiate . . . per-
nicious . . . liiUJtnfuIiULlJj';
[)res I ige of my profession

•>(

ECONOMIST Kmily H.
Huntington has taught at
L . of C. for 21 years, served
on the National Vt'ar Labor
J{(»ard and (California State
Industrial Welfare Com-
missi(m. She refused to sign
(tir a long time, finally did:
ioiake lip my roots would
Im: a very serious problem."

PSYCHOLOGIST War

ner lirown, 08, has been at
University of California for
42 years, has been e hair-
man <d his department for
se\eral periods. He too re-
sisted but signed at last:
"If you don't have an ofliee
and facilities for research,
)ou'reprelt\ well out of if."

II J o

U U L I

UNIVERSITY OF CALIFORNIA

Jfacuitu jBullEtin

Pec-ei/y^faer

VOL. 19, NO. \ 6

BERKELEY, CALIFORNIA

NOVEMBER, 1949

REGENTS' MEETING

The regular monthly meeting of The Regents of
the University of California was held at 2 p.m.
November 18 on the Berkeley campus.

A new salary scale for academic employees of
the University of California will provide increases
similar to those previously granted nonacademic
employees of the University, President Robert G.
Sproul reported.

The new scale, which was first recommended by
the President and approved by the Regents of the
University on October 22, 1948, will be retroactive
to July 1, 1949.

The 1949 Legislature provided $1,000,000 for
this purpose as part of a fund providing for con-
tinuation of increases granted state employees in
1948-49, and arrangements for the use of this
money have now been made with the State Depart-
ment of Finance.

ADMINISTRATIVE CHANGES

James H. Corley, Comptroller of the University
of California for the past nine years, has been
named Vice-President— Business Affairs; and
Olof Lundberg, in charge of accounting for the
University since 1938, has become an administra-
tive officer of the corporation, reporting directly
to >he governing body of the University.

Announcement of this change in administrative
title and procedure was made by Robert M. Under-
bill, Secretary and Treasurer of the Regents. The
action of the Regents followed a recommendation
of President Robert G. Sproul to the Special Com-
mittee of the Regents on Administrative Reorgani-
zation.

Generally, the new scale will provide annual in-
creases of $300 for instructors, assistant professors
and associate professors; $600 for professors; and
proportionate increases for equivalent ranks.

The new scales range from $3,900 to $4,200 for
instructors; $4,500 to $5,100 for assistant profes-
sors; $5,700 to $6,300 for associate professors;
and $7,200 to $8,400 for professors.

The standing orders of the Regents were
amended to change the names of the University's
two medical schools from "Medical School" to
"School of Medicine."

President Sproul reported : The appointment of
Lawrence M. Price as Acting Chairman of the
Department of German, Berkeley campus, for the
second semester of 1949-50; the establishment of
a Division of Transportation Engineering, within
the Department of Engineering on the Berkeley
campus, under the chairmanship of Professor H.
E. Davis; and that the name of the department
under the direction of Mr. R. J. StuU has been
changed from "Office of General Superintendent
of Hospitals and Infirmaries" to "Office of Direc-
tor of Hospitals and Infirmaries."

A contract for the Library Building alterations
on the Los Angeles campus was awarded to Op-
poert and Forsberg on their bid of $111,000.

Welton Becket was appointed architect for the
laboratory furniture and equipment for the Los
Angeles medical school.

The Regents also acted on the following recom-
mendations of President Sproul:

Resignation:

A. H. Warner, Associate Professor of Physics,
Los Angeles, effective July 1, 1949, personal.

[571

58

UNIVERSITY OF CALIFORNIA

UNIVERSITY OF CALIFORNIA

jfacultgjBullttin

Published each month by the University of California
following the regular meeting of the Board of Regents.

Maynard Morris, Editor, 101 Administration Building

Announcement

RESEARCH GRANT
PROCEDURE

Southern Section

In order that consideration may be given to the
research needs of the University for the 1950-51
academic year, applications for grants should be
submitted to the President on or before December
12, 1949, by chairmen of departments and mem-
bers of the faculties. All members of the Academic
Section, voting and nonvoting, including profes-
sors emeriti, are eligible for grants.

Application forms are being sent to all chair-
men of departments and members of the faculty
who have received grants for the 1949-50 aca-
demic year. Others may obtain such forms at the
Central Stenographic Bureau. The completed
forms should be mailed to the committee secretary,
201 Administration Building.

Senate members seeking research travel funds
for the period from February 1, 1950, through
June 30, 1950, should submit their applications
on or before February 1, 1950.

Hugh G. Dick, Chairman

Committee on Research

Appointments:

(Effective July 1, 1949, unless otherwise stated)

Gerald H. Backer, Lecturer in Mechanical En-
gineering, Berkeley.

Emil Bogen, Associate Clinical Professor of
Infectious Diseases, Los Angeles.

Lyndon C. Brown, Assistant Agriculturist, Agri-
cultural Extension, effective October 1, 1949.

Helen V. Byron, Lecturer in Psychiatry, San
Francisco, effective September 1, 1949.

Ellis F. Darley, Assistant Plant Pathologist,
Citrus Experiment Station, Riverside, effective
October 1, 1949.

Howard 0. Dennis, Assistant Clinical Professor
of General Medicine, Los Angeles.

Charles S. Dronberger, Assistant Professor of
Military Science and Tactics, Berkeley, effective
September 1, 1949.

John B. Enright, Lecturer in Veterinary Medi-
cine and Specialist in the Experiment Station,
Davis, effective September 1, 1949.

John D. French, Associate Clinical Professor of
Surgery, Los Angeles.

Moses A. Greenfield, Associate Clinical Profes-
sor of Radiology, Los Angeles, effective August 1,
1949.

Kenneth E. Hanson, Associate Professor of
Naval Science, Berkeley, effective September 7,
1949.

Ruby Dean Harris, Associate Home Economist,
Agricultural Extension, effective September 1,
1949.

Forest G. Hill, Lecturer in Economics, Berkeley.

Philip G. Hodge, Jr., Assistant Professor of
Mathematics, Los Angeles.

Glen A. Holland, Assistant Professor of Psy-
chology, Los Angeles.

Louis W. Holm, Assistant Professor of Veter-
inary Medicine and Assistant Pharmacologist in
the Experiment Station, Davis, effective November
1, 1949.

Fred W. Hunton, Lecturer in Mechanical Engi-
neering, Berkeley.

Richard M. Hurley, Assistant Professor of Mili-
tary Science and Tactics, Los Angeles, effective
August 22, 1949.

Herbert H. Hyman, Lecturer in Psychology,
Berkeley, effective January 1 to June 30, 1950.

Grace Kampen, Assistant Home Economist,
Agricultural Extension, effective September 19,
1949. *

Thomas R. Lea, Jr., Associate Professor of Mili-
tary Science and Tactics, Berkeley, effective Au-
gust 14, 1949.

Benjamin Libet, Assistant Professor of Physi-
ology, San Francisco.

Jean B. Livermore, Visiting Associate Professor
of Social Welfare and Nursing, Los Angeles.

THE FACULTY BULLETIN

59

John R. Moore, Visiting Associate Professor of
Engineering, Los Angeles, effective September 1,
1949to January 31, 1950.

Joseph F. Nye, Assistant Clinical Professor of
Physiological Chemistry, Los Angeles.

Wilbur A. Selle, Professor of Biophysics, Los
Angeles, effective November 1, 1949.

Wanda Szmielew, Lecturer and Research Asso-
ciate in Mathematics, Berkeley.

Changes in Status:

(Effective July 1, 1949, unless otherwise stated)

Seymour Farber, Assistant Clinical Professor
of Medicine, San Francisco, and Lecturer in Public
Health; additional appointment as Assistant Clini-
cal Professor of Medicine, College of Dentistry.

Raymond H. Fisher, Associate Professor of His-
tory, Los Angeles; additional appointment as As-
sistant Director, Relations with Schools.

George Hand, Associate Professor of English,
Santa Barbara; additional appointment as Acting
Dean of Liberal Arts.

Laurance W. Kinsell, Associate Clinical Profes-
sor of Medicine, San Francisco, and Consultant,
Student Health Service, Berkeley; additional ap-
pointment as Supervisor, Metabolic Research Unit.

Judd Marmor, Lecturer in Social Welfare, Los
Angeles, to Visiting Professor of Social Welfare.

Clara Marion Szego Roberts, Research Associ-
ate in Biophysics, Los Angeles; additional ap-
pointment as Assistant Professor of Zoology.

Vern W. Robinson, Assistant Professor of Ger-
man and Assistant Director, Relations with
Schools, Los Angeles, to Assistant Professor of
German and Associate Director, Relations with
Schools.

Joseph E. Spencer, Associate Professor of Geog-
raphy, Los Angeles; additional appointment as
Foreign Student Advisor, effective September 16,
1949.

Leaves of Absence:

Morris Asimow, Professor of Engineering, Los
Angeles, from July 1 to December 31, 1949, to be
consultant in Dutch East Indies on metallurgical
plant building.

Albert W. Bellamy, Professor of Zoology, Los
Angeles, spring semester, 1950, sabbatical.

Douglas W. Bryant, Assistant Librarian and
Lecturer in Librarianship, Berkeley, from Janu-
ary 6 to June 30, 1950, to serve with the American
Embassy as attache for library affairs at London.

Stuart Daggett, Professor of Economics, Berke-
ley, from January 1 to June 30, 1950, sabbatical.

Helen Hagey, Assistant Clinical Professor of
Orthopaedic Surgery, San Francisco, from August
11 to November 30, 1949, Illiness.

Jack A. Holmes, Assistant Professor of Educa-
tion, Berkeley, from July 1 to December 31, 1949,
unable to resign present position in time to teach
the fall semester 1949.

Leonard B. Loeb, Professor of Physics, Berke-
ley, spring semester 1950, sabbatical.

LIBRARY HOURS

Berkeley— During the Christmas Recess the Library will be open from 8 a.m. to 5 p.m. It will

be closed on Sunday, December 18; on Saturday, Sunday and Monday, December 24, 25 and 26;

and on Sunday and Monday, January 1 and 2.

Davis— During the Christmas Recess the Library will be open from 8 a.m. to 5 p.m. Mondays

through Fridays and from 9 a.m. to noon on Saturdays. It will be closed on Sunday, December

18; on Saturday, Sunday and Monday, December 24, 25 and 26; and on Sunday and Monday,

January 1 and 2.

Los Angeles— During the Christmas Recess the Library will be open from 8 a.m. to 5 p.m. It

will be closed on Sunday, December 18; on Saturday, Sunday and Monday, December 24, 25

and 26; and on Sunday and Monday, January 1 and 2.

Santa Barbara— During the Christmas Recess the Main Library will be open from 8 a.m. to 5

p.m., Mondays through Fridays and from 9 a.m. to noon Saturdays; and the Mesa Branch

will be open from 8 a.m. to noon and 1 to 5 p.m., Mondays through Fridays only. They will be

closed on Sunday, December 18; on Saturday, Sunday and Monday, December 24, 25 and 26;

and on Sunday and Monday, January 1 and 2.

60

UNIVERSITY OF CALIFORNIA

THE FACULTY BULLETIN

61

Alfred Nicols, Assistant Professor of Business
Administration, Los Angeles, from September 19,
to October 31, 1949, illness.

Gordon L. Smith, Assistant Entomologist, in
the Experiment Station, Berkeley, from October
1, 1949 to June 30, 1950, to make investigations
on Oriental fruit fly in Hawaii.

Linda Van Norden, Assistant Professor of Eng-
lish, Davis, spring semester 1950, sabbatical.

Death:

President Sproul reported with regret the death
of Walter L. Howard, Professor of Pomology,
Emeritus, Davis, October 17, 1949, in Davis.

Gifts:

Gifts and pledges totaling $364,678.46 were re-
ported by President Sproul. Gifts of $258,207.81
were allocated as follows: State-wide, $1,025; Ag-
riculture, $8,897.88; Berkeley campus, $34,884.-
19; La Jolla campus, $1.13; Los Angeles campus,
$5,726, and San Francisco campus, $207,673.61.
Pledges of $106,470.65 were allocated as follows:
Berkeley campus, $29,022.85; Los Angeles cam-
pus, $17,797; San Francisco campus, $56,022,
and Santa Barbara campus, $3,628.80.

FACULTY RESEARCH LECTURER

1949-1950

The committee unanimously recommends, as
Faculty Research Lecturer for the academic year
1949-50, Griffith Conrad Evans, Professor of
Mathematics.

Professor Evans was born in Boston, Massa-
chusetts, May 11, 1887. He received the A.B.
degree in 1907, the M.A. in 1908, and the Ph.D.
degree in 1910, all from Harvard University.
After attaining the doctorate, he studied from
1910-12 at the University of Rome, Italy, on a
Sheldon Traveling Fellowship from Harvard. He
began his teaching career in 1912 as Assistant
Professor of Mathematics at the newly established
Rice Institute in Houston, Texas, was promoted to
a professorship in 1916, and remained at the Rice
Institute until 1934, serving as chairman of the
department during most of that period. Finally,
in 1934, he accepted a professorship in the Depart-
ment of Mathematics at the University of Cali-
fornia. He was also appointed Chairman of the
Department, a position that he held until June 30,
1949.

Professor Evans began his career as a research
scientist even before his doctorate, having pub-
lished a paper on Kirchhoff's Law in Physics and
one on integral equations in 1909. During the
ensuing 10 years he contributed a great deal to
the development of the general field of integral
equations and more general functional equa-
tions. He received early recognition of this very
important work in 1916, when he was invited
to give the Colloquium Lectures before the Ameri-

can Mathematical Society on "Functionals and
their Applications." These lectures were issued
in the Colloquium Publications of the American
Mathematical Society.

In 1919 he published the first of his famous re-
searches in potential theory, a field in which he is
now the foremost authority in this country. Among
the first to apply, with far-reaching consequences,
the then new general notions of integration to the
study of classical problems, he and his students
solved many outstanding examples, such as the
Dirichlet and Neumann problems in their most
general form, and were able to solve a great many
boundary value problems of "mixed" type. In the
special case of two dimensions the relations among
these problems were developed in his book on
Logarithmic Potential, which appeared as another
volume of the Colloquium Publications. He also
established very interesting connections between a
refined notion of the capacity of a set, the conduc-
tor potential, and points on the boundary of a
domain that are regular with respect to the Dirich-
let problem. More recently, he has made many
important discoveries concerning multiple-valued
harmonic functions, a field now of great and in-
creasing interest.

Professor Evans and his students are also widely
known for their papers on mathematical econom-
ics. He has been invited to give lectures on the
subject in this country and abroad.

His researches into the nature of the potential
of the most general distribution of mass (or the

most general combination of point, curve, surface,
and space distributions of positive and negative
electric charges of finite total amount) introduced
into mathematics ideas and tools that have proved
to be of the utmost importance in other branches
of mathematics, such as the calculus of variations,
partial differential equations, and differential
geometry.

During the First World War he was for a time
a Captain in the Air Service and was later acting
Scientific Attache at the American Embassy in
Rome. During the Second World War he spent
several semesters working for the Ordnance Corps,
War Department on a variety of problems con-
nected with gun stresses, the design of guns and
shells, and rocket ballistics.

Professor Evans has been honored in many
ways. He is one of the two mathematicians who
have written two volumes for the Colloquium Pub-
lications of the Mathematical Society. He is a
member of the National Academy of Sciences, the
American Academy of Arts and Sciences, and the
American Philosophical Society. He is also a Fel-
low of the Econometric Society and of Section K
of the A. A. A. S., and was a member of the Na-
tional Research Council for two three-year terms.
He was one of the founders of the Houston Philos-
ophical Society. He has been both vice-president
(1924-26) and president (1938^0) of the Amer-
ican Mathematical Society and has been vice-
president of sections A and K of the A.A.A.S.
He was an editor of the American Journal of

Mathematics for eight years and was on the edi-
torial board of the Colloquium Series of the
American Mathematical Society. In addition he
has been invited to give addresses at the Har-
vard Tercentenary, the Princeton Bicentennial,
and on many other occasions. He has served on
numerous committees of the American Mathemati-
cal Society and during the war was a member of
the Executive Board of the Applied Mathematics
Panel. He is now a member of the National
Academy-National Research Council Advisory
Committee on Mathematics.

The great distinction of Professor Evans as a
scientist, the preeminence of the professors and
visiting professors brought to the Department
under his chairmanship, and the quality of his
many students were among the principal factors
contributing to the fine reputation the Rice Insti-
tute came to enjoy during the years of his resi-
dence in Houston. Since he has been in Berkeley
he has increased the prestige of his department
to the point where it is now regarded as one of
the outstanding research centers of mathematics

in the country. t- r» t»

^ Ernest B. Babcock

Raymond T. Birge

William F. Giauque

Robert J. Kerner

Ivan M. Linforth

Henry L. F. Lutz

George D. Louderback

Edward C. Tolman

Robert H. Lowie, Chairman

MEETINGS OF THE ACADEMIC SENATE

Northern Section

The Northern Section of the Academic Senate
met on Monday, November 7, 1949 at 4:10 p.m.
in the Auditorium, Benjamin Ide Wheeler Hall,
pursuant to call. Present: about 400 voting mem-
bers of the Section. Present also by invitation. Dr.
G. A. Pettitt, Assistant to the President, and Mr.
Maynard T. Morris, Manager, Office of Public In-
formation. President Robert G. Sproul, Chairman,
presided. The minutes of the meeting of October
10, 1949, were read and approved, with one cor-
rection.

The Secretary issued a call for nominations of
four members of the Committee on Committees

whose terms expire this year and stated that he
would receive nominations in his office up to and
including November 28, 1949, at which time the
nominations would close.

Loyalty Oath.— Proiessor A. R. Davis, in his
capacity as Chairman of the Committee of the
Whole at the last meeting of the Section, presented
the report of that Committee in the form in which
it was distributed with the call for the meeting and
moved that the report be accepted. This motion
was seconded and voted. Immediately thereafter
the Section adopted another motion of Professor
Davis to the effect that it conduct itself as if in a
Committee of the Whole with President Sproul
as Chairman.

62

UNIVERSITY OF CALIFORNIA

For about two hours thereafter the quasi Com-
mittee of the Whole engaged in informal debate
about the loyalty oath and the several resolutions
presented in the call for the meeting. Ultimately
the Committee rose and made its report to the
Section.

The Northern Section, on motion duly made
and seconded, then adopted the several sections
of the report of the Committee of the Whole in
the following form :

(A) Resolutions proposed by Advisory Com-
mittee.

(1) The Senate, Northern Section, ratifies the
agreement described in the 6th paragraph
of the statement issued on September 30,
namely "Complete agreement upon the ob-
jectives* of the University policy excluding
members of the Communist Party from
employment and Communist teaching and
influence from the campuses of the Univer-
sity . . ."

(2) The Senate, Northern Section, directs the
Committee on Committees to appoint a
combined Special Committee on Confer-
ence with the Regents, and the Senate now
directs the Committee so appointed to ex-
plore with the Regents better and more sat-
isfactory means of attaining the agreed-on
objectives and of implementing University
policy with due regard for the Senate's
position as stated in Resolution 1 and Reso-
lution 2, approved at the meeting of Sep-
tember 19, 1949.

(B) Resolution of Professor Gordon Mackinney
as amended on motion of Professor F. C. Newman :

The Senate also directs that this combined
special committee shall submit its report
and recommendations to the Senate for ap-
proval by letter ballot. The report and rec-
ommendations shall, however, be published
prior to such submission, so that (1) indi-
vidual members of the Senate may have a
reasonable time in which to present written
arguments for or against the report and

* These objectives are defined by the Regents in their
statement of June 24, 1949, in paragraphs 1, 2, and 3, and
the connection with Communism and the Communist
Party is implicit in paragraph 4 of the same statement
and in Resolution 1, approved by the Senate on September
19, 1949.

recommendations, and (2) these arguments
may be distributed with the ballot form.
(C) Resolutions proposed by Professor G. P.

Adams and amended in the Committee of the

Whole.

(1) The Academic Senate, Northern Section,
reaffirms its position regarding the loyalty
oath taken at its meeting on September 19,
1949. In future discussions which may be
held with the Regents regarding the oath,
representatives of the Senate, Northern Sec-
tion, should be guided by the two resolu-
tions passed on September 19, 1949.

(2) In welcoming the opportunity to continue
discussions with the Board of Regents, the
Academic Senate, Northern Section, wishes
to make entirely clear its position with re-
spect to the following matters:

a. The Senate approves the agreement be-
tween the Advisory Committees and the
Board of Regents upon "the objectives
of the University Policy excluding mem-
bers of the Communist Party from
employment" in this University, but em-
phasizes that it is the objectives of "im-
partial scholarship and the free pursuit
of truth" which are being approved, not
the specific policy barring employment
to members of the Communist Party
solely on the grounds of such member-
ship.

b. The Senate, Northern Section, notes with
pleasure that the Regents have authorized
the release of so-called "contracts" to all
members of the faculty and interprets
this action to mean that no employee of
the University stands in any danger of
disciplinary action through failure to
sign the present oath or an equivalent
satisfactory to the Board of Regents.

(3) The Senate, in reaffirming the position
taken on September 19, is unwilling to re-
linquish the hope that the principles which
underlie the resolutions then adopted may
form the basis for a mutual understanding
between Regents and faculties, essential for
the welfare of the University.

In addition the Section then adopted a motion
of Professor Gordon Griffiths by a vote of 148 ayes
to 113 noes that the foregoing report of the Com-
mittee of the Whole be amended by the inclusion

THE FACULTY BULLETIN

6S

therewith of the first three paragraphs of the state-
ment from Professor ten Broek as printed with the
call for the meeting, with instruction that these
paragraphs shall be presented to the Regents of
the University by the Special Committee as an ex-
pression of the views of this Section. The text of
the three paragraphs as thus approved follows:

Because the State of California is a community
of free men it values the spirit of free inquiry and
encourages the vigorous search for truth. It there-
fore cherishes and supports a University. The
People of the State in establishing their University
have placed it under the legal authority of a Board
of Regents, entrusting to them a task of great deli-
cacy recognizing that the fostering of a Univer-
sity's life requires an administration sensitive and
restrained in internal affairs and vigorous and
determined in protecting the University from ex-
ternal political or partisan pressures. The purpose
and spirit expressed in the establishment of the
University guides, defines, and limits the exercise
of administrative power.

The public responsibility of the Regents is to
create and maintain the conditions necessary to
the University's life. The power of the Regents
must accordingly be exercised not only with due
regard for those principles of freedom of thought
and association which constitutionally limit the
power of all public officials but also with deep
respect for the essential nature of a University
as an institution peculiarly dedicated to freedom
of mind.

A University has its own Constitution expres-
sive of its purposes, its functions and its obliga-
tions. That constitution, cherished under the name
of "Academic Freedom" is a system of government
which cannot be violated without frustrating the
purpose for which Universities are created. The
principles of academic freedom are the rules and
procedures by which the academic community is
protected against any attempt, however well inten-
tioned, to hinder it in the pursuit of truth or to
protect it from error. These principles, including
the principle of Tenure, provide not only a high
degree of independence for individuals of attested
competence but also a significant degree of Faculty
self government. Experience has demonstrated that
the security of the former depends upon the
strength of the latter. The area of faculty self
government is, of course, limited. But it includes
full faculty participation in the making of deci-

sions affecting the conditions crucial to the work
of teaching and research and a high degree of
deference to faculty judgment in matters, such as
qualifications for membership, which are pecu-
liarly within the competence of the faculty.

In the course of the discussion of the foregoing
resolutions, a proposed amendment was offered
by Professor Mackinney, which, on formal vote,
was laid on the table.

Adjourned.

Attest:

Thomas B. Steel

Secretary
Academic Senate, Northern Section

Southern Section

The Southern Section of the Academic Senate
met at 4:00 p.m., Tuesday, October 25, 1949, in
Room 134, Chemistry Building, with about 155
voting members present. Chairman R. G. Sproul
presided. The minutes of the meeting of October
7, 1949, were read and approved.

A special order was the report of the University
Board of Research, which had been tabled at three
previous meetings. H. G. Dick gave a history of
the report and an explanation of the policies under-
lying it. He then moved its acceptance. S. L. War-
ren spoke against acceptance, asserting that its
general tenor seemed to be a negative one. After
some discussion R. M. Dorcus moved to refer the
report back to the Board for further study. After
considerable further discussion the motion to re-
commit was passed. The Section then passed B.
Dyer's motion that representatives of the Scripps
Institution, the College of Engineering, and the
School of Medicine seek an interview with the
Board before the revision of the report.

The report of the Memorial Committee for B. M.
Anderson was accepted. The report of the Commit-
tee on Committees regarding changes in current
committee assignments was presented for the in-
formation of the Section. The report of the Com-
mittee on Rules and Jurisdiction containing
legislation for the establishment of a School of
Social Welfare at Los Angeles was adopted.

The question arose as to why it had been de-
cided to make the 1950 Summer Session an eight-
week one. A sequence of explanations was offered,
after which the Section passed J. W. Caughey's
motion that the Committee on Educational Policy

64

UNIVERSITY OF CALIFORNIA

be instructed to make a study and recommendation
to the Faculty in time for Faculty action prior to
the 1951 Summer Session whether we should have
one 8 week session or two 6 week sessions, so that
the Senate could then make a recommendation to
the Administration in time for the planning of the
1951 Session.

M. A. Wenger's motion that a poll of Faculty

opinion on the loyalty oath be taken was ruled
out of order by the Chairman on the grounds that
no advance notice had been given. An appeal
from the decision of the Chair was lost.
The meeting adjourned at 5:30 p.m.

Attest:

R. H. SORGENFREY,

Secretary

PUBLICATIONS ISSUED BY THE UNIVERSITY PRESS

To November 21 inclusive

Ibero-Americana No. 32, 226 pages, 6 plates, 1 figure, 14
maps. Parsons, James J.: "Antioqueno Colonization in
Western Colombia." Price, paper, $3.00. (October 28)

Zoology Volume 47, Number 11, pp. 255-318, plates 19-25,
9 figures in text. Blanchard, Barbara D. and Erickson,
Mary M.: "The Cycle in the Gambel Sparrow." Price,
paper, $1.50. (October 28)

Zoology Volume 55, Number 1, pp. 1-34, plates 1-7. Mc-
Connaughey, Bayard H,: "Mesozoa of the Family
Dicyemidae from California." Price, paper, 75(^. (No-
vember 4)

Anthropological Records Volume 13, Number 1, pp. 1-
156, 2 maps, 3 figures in text, plates 1-7. Kroeber, A. L.
and Giflord, E. W.: "World Renewal. A Cult System of
Native Northwest California." Produced by offset. Price,
stiff board cover, $2.50. (November 16)

Zoology Volume 53, Number 11, pp. 377-430, plates 37-46,
3 figures in text. Pitelka, Dorothy R.: "Observations on
Flagellum Structure in Flagellata." Price, paper, $1.25.
(November 18)

Lockey, Joseph Byrne: "East Florida, 1783-1785." A File
of Documents Assembled, and Many of Tliem Trans-
lated. Edited, with a Foreword, by John Walton
Caughey. Pp. xxiv + 1-764. Price, paper, $7.50. (No-
vember 4)

NeflF, Philip and Weifenbach, Annette: "Business Cycles
in Selected Industrial Areas." Published for the John
Randolph Haynes and Dora Haynes Foundation. Pp.
xii + 1-274, 49 tables, 22 charts. Price, cloth, $4.00.
(October 31)

Teggart, Frederick J.: "The Idea of Progress." A Collec-
tion of Readings. Revised Edition, with an Introduction
by George H. Hildebrand. Pp. xi + 1-457. Price, cloth,
text, $4.50; trade, $6.00. (October 31)

Tolman, Edward Chace: "Purposive Behavior in Animals
and Men." Reproduced by offset. Pp. xiv + 1-463. Price,
cloth, $5.00. (November 17)

■o

Kerner, Robert J., ed.: "Czechoslovakia." The United
Nations Series. Third printing. Reproduced by offset.
Pp. xxi + 1-504. Price, cloth, $5.00. (November 9)

Nelson, Robert U.: "The Technique of Variation." A

Study of the Instrumental Variation from Antonio de

Cabezon to Max Reger. Second printing. Reproduced

by offset. Pp. vii + 1-197. Price, cloth, $3.50. (November

8)

-o-

"Hollywood Quarterly." TPC Volume II: 1946-1947.

"Hollywood Quarterly." TPC Volume HI: 1947-1948.

"Nineteenth-Century Fiction." Volume 4, Number 3, De-
cember, 1949. Pp. 171-250. Price, paper, $1.00.

"Western Folklore." Volume VIII, Number 4, October,
1949. Pp. 297-392. Price, paper, $1.25.

i', APRIL 28, 1953.

/

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npaign
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iglect"
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The
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Letters to The Ti

Issues in College Inquiries

Relation of Academic Freedom to
Current Investigations Examined

state

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To The Editor of Thb Nbw York Times:

The general principle of academic
freedom has been sufficiently ex-
pounded, though it is as yet by no
means understood by the general pub-
lic. The more immediate question is
I the relation of this principle to the
Congressional committees of investi-
gation. This question is confused by
the fact that it involves three differ-
ent questions:

1. Is it desirable that these commit-
tees should investigate higher educa-
tion? There is little doubt of the con-
stitutionality of such investigations,
but in view of their demagogic moti-
vation, loose methods, vindictive tone,
and the general effect of terror there
can be no doubt that, however consti-
tutional, they should not be "wel-
comed." The colleges and universities,
along with other agencies of public
opinion, should deplore them and cast
the weight of their influence, individ-
ual and collective, against them.
There is, it is true, a broad duty on
the part of citizens to "cooperate with
government," but this surely cannot
be taken to mean a duty to approve
of government policy.

Inquisitorial Character

There is evidence of the inquisitorial
character of these investigations in
the fact that they magnify the ex-
ceedingly small amount of "subver-
siveness" which they bring to light
and neglect the fact that they have
found the country's educational insti-
tutions to be overwhelmingly loyal to
American institutions as well as to
their own code of freedom of teaching
and a|tudy.

2. Should a college or university dis-
miss a teacher automatically, on the
sole ground of his invoking his consti-
tutional rights to justify refusal to
testify before such committees? The
answer is "No." By so doing, the in-
stitutions virtually turn over to gov-
ernment their authority to hire and
fire. A refusal to testify does not con-
stitute sufficient evidence for dismis-
sal, even when it constitutes sufficient
evidence for the charge of contempt.
The institution will take account of
other considerations, and reach its
own decision, on educational grounds.

There is no reason why the institu-
tion should sei-ve as the executioner —
the instrument by which to penalize
those tvho have offended the commit-
tees, or against whom the committees
have obtained what they consider to
be unfavorable evidence. Even when
individuals have been convicted of a
crime, or have given offense to public
sentiment, the institution has itself to

***""''IuaI case.

put to him by the committee would
in fact incriminate him.

This does not imply that the teacher
is using the Constitution to cover his
guilt, but that he believes that his an-
swer could be used against him, as a
link in the evidence supporting a
criminal charge, however innocent he
may be. He may not invoke this right
to avoid losing a job; nor, on the other
hand, need he believe that his an-
swers would, either in themselves or
together with other evidence, estab-
lish his guilt. He need only believe
that they could conceivably be consid-
ered as adverse evidence in a criminal
proceeding. In the present mood of
judges and juries, and under recent
constitutional decisions, this is a
broad ground.

He could honestly believe that in
answering a question, or through one
question's leading to another, he might
be trapped ii\to contradicting himself,
and so create evidence on which he
could be charged with perjury. But
this would not justify him in the eyes
of the law. He can always, when
genuinely in doubt or ignorance, so
testify. If the possibility of giving
conflicting testimony were to be taken
as a ground for refusing to testify,
testimony in general would no longer
be obligatory, and the innocent de-
fendant could lose the right to sub-
poena witnesses in his behalf.

Finally there is no legal ground for
refusing testimony on the ground that
it would incriminate others. In this
case there may be a conflict between
the legal code and the code of per-
sonal honor, in which case the indi-
vidual may be obliged to abide by
honor and take the legal consequences,
or abide by the law and suffer the dis-
tress of others and of his own con-
science. Ralph Barton Perry.

Cambridge, Mass., April 23, 1953.

Limiting Oil Imports

Effect on Venezuelan Eco""-
Proposed Tr-^-* \

1

SATURDAY. OCTOBER 24. 1953

FTI/lEI) IN TWO SECTIONS

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in

n

iNeylan Tries
|To Trim
Sproul's Job

By HENRY PALM

An attempt by Regent
John Francis Neylan to re-
duce the authority of Presi-
dent Robert Gordon Sproul
caused another long per-
sonal debate in the Univer-
sity of California Board of Re-
gents meeting her yesterday.

Neylan introduced a by-law
amendment which would have,
in effect, taken away from
Sproul all authority to make
decisions affecting the univer-
sity in matters before the Leg-
islature.

After a debate of nearly two
hours, Neyland withdrew the
proposal, but served notice he
would present another, but less
severe, amendment at the No- j
vember meeting. j

During the debate the re-
gents continued the same split!
which has existed since the '
loyalty oath controversy at the
university.

LOYALTY CONTROVERSY

The loyalty oath controversy
itself came up again at one point
yesterday, when it was an-
nounced that Stanley A. Weigel,
attorney for professors dis-
charged during the controver.sy,
demanded back pay for them.

The professors were dis-
charged effective July 1, 19.)0,
and were ordered reinstated
effective Jan. 1, la's."?, after the
State Supreme Court declared
the loyalty oath unconstitu-
tional. Weigel demanded their
pay for that period.

Because of the long agenda
yesterday, it was agreed that a
special committee should be
appointed to study the matter
for report at the next meeting.

Governor Goodwin Knight
said he would appoint a com-
mittee today of regents who
were on the board from the be-
ginning of the quarrel over the
loyalty oath in 1950.

KNIGHT AGAINST SPROUL

Governor Knight, serving as
president for the first time,
took the antiSproul position, as
he did during the loyalty oath
fight. Former Governor Earl
Warren voted with the Sproul
faction while president of the j^^
board. i %q

Neylan's original proposal, ^^
would have required that Sproul ^j,^,
or his assistants get approval ^„
of the board before negotiating] ^
anything with legislative
groups, that Sproul file written
reports with the board on pro-
posed legislation, and that
Sproul notify the regents of al
matters in the Legislature af
fecting the university.

Neylan based his argument
chiefly on the recent pension
quarrel in the Legislature. A|
bill transferring faculty pen
«ions from a university to thei
regular State system was with-
drawn from the Legislature
^ftcr protests from Neylan and

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bill tiansferriiiK faculty pen-
Ivilons from a university to the

regular State system was with- ci
drawn £rom Ihe Legislature ,
after protests from Neylan and ^
oDior regents.

They claimed they did not
know in advance that the bill 1
would give Sproul and several (
of iiis assistants pension in- f
creases over those the univer- t
sity sj^stem would provide. f

SprouF protested that Ney- e
lan's amendment would "ham
stiinff his administration and
put him "on a leading string."
He and his assistants do not
now present matters to the
Legislatuie unle.s.s the regents
h.ne approved, he said.

BITTER WRANGLE

After a long, bitter wrangle,
during which many of the past
controversies were reviewed,
N e y 1 a n announced that he
Nxould withdraw the motion and
would form another after con-
ference with Admiral Chester
Nimitz and Edward W. Cajter.
who offered an amendment dur-
ing the quarrel.

Gerald H. Hagar. obviously
believing that the Neylan
motion could be defeated dur-
ing the meeting yesterday, of-
fered the motion himself and
announced he would vote
against it.

This maneuver caused a long
parliamentary debate, which
ended only when Neylan an-
nounced that he was willing to
let the motion go to vote, but
would recommend to those
siding with him that everyone
vote against it.

The vote, announced by Gov-
ernor Knight, was 19 against,
none foi'.

'NO MORE DEALS'

Governor Knight said. "We're
going to get it so there are no
more secret pension deals in
this university."

Hagar had protested that he
«nd others knew the pension
arrangement, which would have
given Sproul a .$22,000 yearly
pension, and that it was required
by the pre.sent State pension
laws,

Neylan's new proposal, to be
debated at the next meeting,
would extend the present by-
law, which says: "The pre.si-
dent of the university shall
represent the corporation and
the university in all matters re-
quiring action by the Legislature
or officers of the State of Cali-
fornia."

NEYLAN'S PROPOSAL

Neylan's propo.sal next month
would add to it : ". . . submitting
to the regents for approval any
instrument of legislation to be
presented on behalf of the uni-
versity, and keeping the regents
completely informed of all leg-
islative matters affecting the
university."

Neylan earlier in the meeting
delayed a proposed raise in the
piesent $37-a semester Incidental
fee for students to $42 a se-
mester. I

The proposal, recommended by!
the finance committee, did not
contain enough background in-
formation. Neylan said. It will
b^ -considered at the next meet-
ing also.

w^

^L.AK

Regents Beat
tvlove to Curb
, Sproul Power

3. IContiDoed froa Pace One]

3 1 becoming the State's chief execu-
jtive, remarked during the meet-
*iing:

We are going to get where
■ rell be no more secret pension
^utals in this University."
J But Regent Gerald Hagar. Oak-
J land, said there was no secret
about the legiFJative proposal and,
?-nd he and other regents knew
_ £ix)ut it and approved it.

Adm. Gnester Ximitz. Berkeley,
and Edward Carter, Los Angeles.'
'then suggested the Neylan by-lawl
amendment be toned down, tol
merely require that the Regents!
"be kept informed 6f ali^ legisla-
tive matters affecting the Vnl-^
versity."

I But Hagar. apparently feeling
the Neylan amendment could not
ry. called for a vote on the
"'' proposal. Neylan, shar-
-. ., .,-gars opinion on th^ prob-
able outcome, then asked his sup-
porters to vote against the reso-
lution.

They did- and the vote was 19-0
aaginst the resolution.

Neylan -" 'ed he will intro-
duce a tor.v ..,.,. n version at next
jmonth's meeting in Los Angeles.
' In other action Neylan blocked '
a Sproul proposal to raise stu-
dent f^es from the pre.sent $37
to S42. The finance committee of

the Regents had recom: -"-1 the

increase, but Neylan , d its

report a "very off-hand way of
investigating a very important
subject ■■

The icya.iy oath controversv,'

of'ir.;a'U- ^^.^>^ ,,,upn the State

^ - •-- --ared the Ney-

lan loyalty oath unconstitutional,
popped up again as 17 professor.s
who were fired during the :

and r-^ '■■^^''
filed

■'^ '- '•• the cr
,_.:^t the

n

. .3, ; V

for back wages.
, Gov. Knight was instructed to
; appoint a committee of Regents
;to iook into the claims.

lecca-
than

rs or
>)"i.sk

low

' f air-

. but

a get

■> can

. the

»un?

of a

each

tinct

re is

lake

jiito

con-

ould

and

here

icel<
and

ppy

ned.
)ver
wea-
lds,
of
hey
, are .

to!

len
n's
•er,
in
air
las
in
nd
ve
he

)!«.

tn-
'ill
in-
>ae
'iU
no
'ill

vc
be

be
lifi
ill
ih
ot

8-

m

id

3e

n.

k,

^S
ir

in

ir

is

.n

y

e

r

V.J' .ucn i( .It or puolic cc

den.i... ..,>»n c'.-"' .«« him for serv-
ing the ins ,m. Thr iric;tituUon
should reserve its own j nt, and
arrive at it on ita own grounds and
by Its own f '

It is the u; ... ., ,,,..:

has entered into a ctual < ,. ^^ -

ment with its teachers and ha.s ex-
tended to them the privileges of ten-
ure. The issue here is the autonomy
of the educational institution as re-
gards the employment of its staff. It
has a duty to resist all "pressures,"
whether they come from Congres-
sional committees or from public
clamor or from its ovm alumni.

Legality' of Party Momber»hip

To this question is related the ques-
tion whether a teacher should be dis-
missed on the ground that a commit-
tee has found him to be a Communist,
or member of a group which the
committee considers to be communis-
tic or communistical, or has found
him to be a member of an organiza-
tion on the Attorney General s famous
list. There are two possibilities: such
membership may be illegal or legal.
If It is illegal it is for the courts to
convict and fix the penalty; the insti-
tution has no obligation to apply the
additional penalty of dismissal. If it
is legal, and there is no judicial pun-
ishment, the institution is under no
obligation to create a penaltj'.

This, of course, does not mean that
such membership, whether legal or il-
legal, may not be taken into consiid-
eration by the institution in its own
determination of the individual's aca-
demic rights and usefulness. If the in-
stitution decides, all things considered. .
that the individual has a "closed
mind," or is a mere puppet, or is pro-
moting subversiveness. or is r - '-

ing his work through preocc^,., :.

with his party activities, they will and
should give weight to these considera-
tions; taking account also of the indi-
vidual's record of serv'ice, his r ■
character and his academic ..j,....^.
Little or no weight should be given to
his personal obnoxiousness, his un-
popularity or the inconvenience and
annoyance caused by his conduct be-
fore investigating committees.
DeciBion lor Individual

3. Should the mdividual teacher
himself invoke the Fifth Amendment
as ground for his refusal to testify?
This is a very different question, which
the individual must himself decide —
on grounds of conscience and guided
by legal advice. If he detests tiie in-
quisitorial methods of a committee
and considers it a menace to freedom,
and says in effect, "It s none of your
business — I'll have r- ' -g to do with
you," he must be p • ^ a to take the
consequences. What they will be will
depend on many factors, including the
number of }> "-so resisting and

the mood of i^.^.i^ opinion. If he in-
vokes his constitutional rights he had
better be clear as to what they are
befve he counts on them too heavily.
If he invokes the Fifth Av nnt,

and if he is not to expose : ' to

the charge of perjury, he mu.>, ^'vp
that a trirthful answer to qu

Arthur Krock is trovfUnp. His col-
umn, "In t/w? Nation," i nU b9 resumed
in the near future.

1

1

I

«.\

VAcc

n

o

(C

1.
t-
o
;e

n

UC to Probe
Talk by
Professor

Rr of the University of

Calii „ orriored an investi-
gation yesterday into the re-
ported remarks on political ide
ology by an assistant professor
at a student meetinR. j i

The farult>- man himself said
his remarks had hpnri complete
ly misconstrued /

The Daily Californian, stu-
dent newspapei quoted Harold "•
Winkler, assistant professor of tr
political science, a.*^ making this
statement in an off-campus stu- j« ^ «^ ,•«.«. ,
dent meeting in Berkeley last « ^ "^ '^ "^ ' '^ employees, retro-
Octobei-. I active in some cases to July 1.

"It is all right to he a c()n-jl9f>3. and in other cases to Oct

ify ri i-^ 'C

0€

servative when the Juice is dried

up in you. but there is some

thing wrong with the young per ,

son today, especially in our rich PtI,^!*,^'?'''^^ ^"^ professors, el

1953; and gave increases of
to 7 per cent to associate

48

is
•k

ly

n-

m
il-
t-
d

ts
n

?i-
a-

tit
e-

P-
•e-

o-

It-

/e

and affluent United States, whoi _

is not idealisticalh inspired to f^epoT-trng as a committee on
the point of belonging to a ^^^ question of back pa> aris-
Communist. Socialist, anarchist ^^^ *^°"^ ^^^ loyalty oath Con-
or other similarly inspired ^^^T^^-^' ^?^^ ,!^^^.^"^'^ ^^y^*"'
group " -^ i- I Chester W. Nimitz. Earl J.

Regeni John Francis Neylan ^"''T\5^r'" ^' ^.^^^^l- ^S'
read the Daily Californian story Xn ^ ^'''^^'''' ^""^ ^^^^'^ ^•
at the regents' meeting in Los "^vlP^!/" »,,,„.
Angeles yesterdav and the , ^^SX^l \"^^^^"e ^"/^«^«« °^
board passed a motion request- ;Sj^,^J^^^,,,^7"^^"f/«P°«
ing University President Robert *^^;.;^f,7 ^**^ Jl> ^2 former
G Snrm.l tn •'m.kP «n inv.«ti.l^^ ^^?"^^> members who had

p^fused to sign a non-Commu-
nist oath required by the re-
gents and who had subsequently
been fired

G. Sproul to "make an invest!
)f gation of the facts. ' He is To re-
njport at next months meeting

of the regents.
During the discussion of the

»v,«ti«», ' ,v, ♦ ' ^^'^ y^^^' the State Supreme

r.r' H th ; xT .7-^^T .r^iii^""^^ «aid thev should le re
gested that V\ inkier should bejj.^..^^^^ ^^ ^j^^.^

fired if the article were re-i :„„_h +w« .«„„iii,i ^
ported correctly" - ^^j4^^^^ the so-called Levering

spokesman said.

Winkler declared last night |;t;;j,7^;n^""^;;j"i^h"'is"nor^'e

that the published report was

compierelx erroneous, and that, i sixteen of the 22 have signed
the quotations were taken en-j^ ,e Levering oath; six refused
tirely out of context. ; stanlev A. Weigel. represent-

There IS no connection be- i, ig the claimants argued that
tween the quote the papei pub-,t le Supreme Court decision
hshed and the ideas I was try- n},eant those reinstated should
ing to put across to the audi- j^et back pax for the period
ence," Winkler said ^^pv were off the universitx

The reporter took ideas payroll
from various parts of the talk |The .six nn; icmsiaied are

uirec of all State employ ee.s

and assembled them in a quota
tion that failed completely to

asking severance pay.

The Supreme Court "expressly

IS

id-
ial
lat

)d.
id-

give an accurate report of whatiji; nited its order" to giving all

I said.'" Winkler- asserted. Jm.; g rhance of re-emplovment

The regents yesterday also: Jtiie Regents Committee de
1— Deferred until next month Uijired in its report, adding therr

a decision on whether to grant; j^ no legal iustification foi ba- .

$3()0.()()(i in back pay to 22 pJy.

claimants involved in the uni-! IL — *^

versity's long loyalty oath con-||

troversy. A committee of re-jL

gents. however, presented the ii

full board with a report urging|rl

that the claim be rejected, i

1— Adopted a budget of $78-

970.098, an increase of $6,802.-'^^'

cat

ret
fui

fo

Pi

(F

$2

th:

his

a i

CO I

th(
ex

CO

of

h4
as'
th(

KC

ent
no
en
all

W'

■ It'
Isu
ito

ai

th

I
I

itu
J 11
Fj
th
bij
se

CO
tO(

th

«g
tii

fr

inj

Wf

to

■ • -".v^i^w, uii Ativan c«*t»^ \n. «i»v;,oivji,- j

362 (9.4 pei cent» over the 19r)3-|^^

54 budget. The new budget ^®^

>an would necessitate a State ap-

Se-|propriation of $60,382,714. plus

ers I student fees, endowments, etc..

aid I to finance operations of the

ion eight campuses in 1954-55. ^T

of 1— Accepted gifts totalling ^^

iserl $248,252.84 and acknowledged H*

is: pledges totalling $24,318. ht

at€-| 4 Approved salary increa.sesjvc

of 5 per cent for most non-jpi

/

fSS

ll-HlHHt^

•h

'O-

lUC Is Still
Probing Talk
By Professor

Universitv of California
'chancellor Clark Kerr said yes-|
esiterdav he is still invest i.
-id 1 the "contents" of the Cmk-
•n-i speech in which Assistant I'.
•e fessor Harold Winkler report
.heedly criticized politically con
Sho ' }M»rvative students.
eeri Kerr said the investigation
' 'will have no effect on Winkler's
ii- status, explaining that foui
De! months before the speech
lildent. the teacher was notiiif.
"he would not be reappointed.
The Bei-keley campus chan-
cellor said the dismissal did not
charge incompetence, but came
as the result of the regular ap

- ' of^ every facult>

•re he can achieve
tenure status. If reappointed foi
the academic year be:
.7uly 1. 1954. V\'inkler yx--.
Ihave attained full tenure rir

le

IS

1-

•3

T?"

I ' t

T^i - T f n 1 *i ^ I r Irl

»

-Tjv*"

I'i

•J-^

I

UC Professor Challenges 'Quote' '"^

Winkler Gives Own Version of Remark

A University of Californiai Winkler's version of this part | Sharp criticism of the Regents'! Physics Professor Robert Brodr
professor under fire for a statc-jof his speech was: I action was made Friday by Pro- who said yesterday "it is quite

fessor Peter Odegard. chairman possible we will discuss the'

ment he reportedly made a. an| .-i ^^^ ,,,p,j understand how
off-caMpMs meeting released yes-, j^ ^^^ comparatively rich United

^^'.'^^V. ^'^^ '•^'J'''" ''^. V;^l^ h^' States during the decades of
said. It differed materially from, 'j^^ 3^.^ ^^^ ^^.^ ^

of the department of political I Winkler matter."

the quoted remarks which
started* the controversy'.

Harold Winkler, assistant pro-
fes.sor of political science, spoke
on "Liberalism" before an off-
campus group last October, and
a report of the speech in the
Daily Californian, UC student
newspaper, was read to the De

science at
gard said:

the university. Ode-

The five-man committee has
discussed Winkler's case and

were idealistically motivated to
join Communist, Socialist, or
anarchist groups. Conservatism,
when the juice is dried up in
one's veins, is understandable,
but there is something wrong
with a youngster who is not
motivated by generous compas-

cember meeting of the Board oi\^l^ ^"'; /(^^ underprivileged of
Regents.

"One is tempted to ask howl others before, he said, but it is
far we have progressed toward |"°^ definite what the subject of
a point where the off-campusi^^t^/^ meeting will be.
remarks of members of this' ^^^ ^^'^'^ ^roup to plan a
facultv must pass muster with "^^^ting today is the executive

At that time it was disclosed
that Winkler was to be released; said
this June, although the decision
had been made several months
earlier.

By unanimous vote, the Re-
gents ordered the administration
to investigate whether Winkler
had said what the Daily Califor-
nian quoted him as saying:

"It is all right to be a con-
servative when the juice is dried
up in you. but there is some-
thing wrong with a young per-
son today, especially in our rich
and affluent United States, who

the world.
The Daily

that

Californian
Winkler was shown:

board of the campus chapter oi
the American Association of
University Professors. Board 1
Chairman Joseph Fontcnrose
professor of classics, said yestci
day a meeting had been tenta
tively set to discuss the Wink-
ler case.

Winkler, who uas nrlcnriccli

Friday by Odegard as onei

the finest men in the!

men in

depajtment and the universih',

Grether, jy; being released because of

the regents and/ or the univer
sity administrative authoritv on!
pain of being denounced, dis-j
graced or dismissed."

I Meanwhile, .several faculty
has gioups at Berkeley H)-e sched-
uled to meet today. They may
the story and the quotation be-j discuss the Winkler situation.
fore publication, and that hej The faculty's powerful Re-
did not protest it. presentative Assembly was setj^f

Winkler explained last night to meet this afternoon. Vice
that he v\as shown the story Chairman Ewald T.

but that he told the reporter, dean of the school of business 'f^i]^,r^"7o conduct re.scarch and
he did not approve of faculty, administration, said he would i^, publish his findings,
censorship and would not ap-'^e "surprised if some discus- Odegard protested his re-
prove the report. sion of the Winkler case doesn't ^ease. asking that he be retained
However. Winkler said he take place." ^^^ 3 year-to-year basis with-
read the story on the reporter's He said it is not now on the 'out tenure rights, but his re-
insistence and told him it was ^agenda but that it could be quest was overruled bv a fa
inaccurate but that it was the! brought up by any member oficulty committee and Berkeley
reporters responsibility to cor- the assembly under new busi- Chancellor Clark Kerr
IS not Idealistically inspired to rect it-. ncss. Winkler was one of the
the point of belonging to a Com- "I most emphatically did not Also scheduled to meet today, original non-signers of the spc-
munist. Socialist, anarchist oriapprove the story," Wlnkleriis the faculty Committee on cial loval oath, and is currently!
similarly inspired group." '.said last night Academic Freedom, headed by 'pressing a claim against the

••-(r- —

FIIMED IN TWO SECTIONS

I

I

i

Regents Ban
Back Pay in
Oath Case

Rpgents of the Univpisity of'^
California, by a vote of 1-1 to 6,'rf
yesterday refused to pay the I a
back salaries of 22 professors!
who were ousted in 1950 for re-
fusing to sijjn the special loy-
,alty oath and then ordered rein-
; stated by the State Supreme
Court.

A spokesman for the profes-
sors said they would challencje
the regents' latest ruling in the
courts.

The board accepted a report
I by a special committee headed
by Regent John Francis Neylan,
which recommended rejecting
the professors' claims for sal-
aries for the two and a half
years they were without jobs.

The final vote was taken after
stormy debate in which Regent
Jesse Steinhart ur^ed that the
matter of back pay be decided
by the courts by filing a suit in
declaratory relief.

Steinhar-t said such a suit
would be the most expeditious
nrieans of getting an early deci-
sion. He also said it would pre- j,
vent a multiplicity of actions bv^^v
the professors acting as indivirl-'/,
uals. '^

Neylan, militant proponent of
the loyalty oath, bitterly at-
tacked Steinhart for suggesting
that the regents "promote liti-
gation against them.selves."

Edward C. Tolman. spokes-
man for the professors, issiied
a statement after the regents'
action:

". . The effects of this action
upon the value of tenure and
contracts held by members of
the faculty of the University of
California U clear. Any faculty
member who rightfully dis- ii
agrees with wrongful action if
must not only go to court once I ^
to prove he is right, but must I q
go to court a second time to ob-L
tain fair compen.sation for hav- fj
ing acted rightfully in the first ji^
place." i^t

The regents also adopted a' i
report by Chancellor Clark Kerri*^*
on alleged statesments made byL
Assistant Profes.sor Harold §
Winkler and quoted in the Daily |P
Californian. \^

P

C'

Si

ii
n
v

|t)
i]

a

P
c
s
d
h
ti
f.

a

tl
c
e

n.
P«

/

Jj

I

yesterday refused to pay the
bark salaries of 22 professors
who were ousted in 1950 for re-
fusing to sifjn the special loy-
alty oath and then ordered rein-
stated by the Slate Supreme
Couil.

A spokesman for the piofes-
sors said they would challenge
the regents' latest ruling in the

courts.

The board accepted a report
by a special committee headed
by Regent John Francis Neylan,
which recommended rejecting
the professors' claims for sal-
aries for the two and a half
years they were without jobs.

The final vote was taken after
stormy debate in which Regent
Jesse Steinhart ur^ed that the
matter of back pay be decided
by the courts by filing a suit in
declaratory relief.

Steinhar-t said such a suit
would be the most expeditious
means of getting an early deci-
sion. He also said it would pre-'^
vent a multiplicity of actions by!^

a

w

P
v\

C'

ii
n

i]

a

P
c
s
d
h
ti
f.

a

tl
c
e

the professors acting as individ-
uals.
Neylan, militant proponent ofi

(1

in.
P«

/

ir

T

the loyalty oath, bitterly at-
tacked Steinhart for suggesting
that the regents "promote liti-
gation against themselves."

Edward C. Tolman. spokes-
man for the profes.sors. issued
a statement after the regents'
action:

". . . The effects of this action
upon the value of tenure and
contracts held by members of
the faculty of the University of
California L*: clear. Any faculty
member who rightfully dis-
agrees with wrongful action |f)
must not only go to cour't onceij.,
to prove he is right, but mustiQ
go to court a second time to ob-L
tain fair compen.sation for hav-ij,
ing acted rightfully in the first I '
place." i

The regents also adopted a
report by Chancellor Clark Kerr
on alle5;ed statesments made by
Assistant Professor Harold
Winkler and quoted in the Daily
Californian.

Kerr said he believed grounds '
for disciplinary action did notj
exist. He did, however, expr^essi^
belief Winkler acted irresponsi-!
bly in not correcting the report iH
when he was given the oppor- it;
tunity to do so. 'gi

Kerr said he said he talked to ly
Winkler, the Dail\ Californian j
reporter and many who were re
pre.sent the night the contro-|C.-
versial statement was made. th
"There were differing ac- w«
counts," he said, "but there was tr.
general agreement Winkler was
de.scribing the political activity pa
of an earlier generation. jno

"I am convinced he was not. or
in any wa\-. directly or indirect- in
ly. ad'ocating that young people fa
Join the Communist party." pr

The regents were told that
Winklers dismissal had beenj^f
Ixecommended by a committee of jr**:
his colleagues in June of 19.i3. hk
some months before he spokejCh
or the idealistic motivation ofiA)
youth. es

At that time, they were told, of
the faculty committee recom- jr
mended that Winkler be dis-j
|missed for failing to maintain |,.
his own academic standing.

At their meeting, the regents

jalso accepted gifts and pledges'

Uo the university totaling $886,- ,,!

69.5. I"'

■ . ^ - Ith

I lit
III

48 w-^.

■*'i-

tfC

Daily Calif oniian

MONARCH 09 rarf coiif^f oAiiifff

Vol. 153

Berk*>ley, California. Wpdnrsdcy. Pebruory )0. 1954

No. 9,

Regents blasted by Deutsch
in current back pay dispute

A scathing attack on the Board
of Regents' refusal to pay back sal-
aries to 22 "loyalty oath" professors
has been delivered by Monroe E.
Deutsch, University vice-president
and provost emeritus,

The attack, in the form of a letter
to the editor, appeared in the Oak-
land Tribune Monday.

The professors are asking for back
pay for the more thap two and a

half years they were unemployed
by the University because of the:
refusal to sign the University loy-
alty oath, declared unconstitutional
in October 1952 by the State Su-
preme court.

Deutsch, who served the Univer-
sity for 40 years as professor of Lat-
in and later provost and vice-presi-
dent, criticized the majority of the
Regents for voting down in the Jan.

Here is the full text
of Deutsch's letter

Editor: Every sensible citizen of
the state feels strongly that it is
high time the controversy in the
University of California arising
from the dismissal of ^ group of
professors for failing to sign a con-
tract declared illegal by both the
District Court of Appea^s and the
State Supreme Court be brought to
a close.

The controversy would have been
brought to a just end had the Re-
gents, at their la.st meeting, pro-
vided recompense for the financial
loss incurred by the professors as
the result of their illegal dismissal.
This the Regents did not do. They
voted to deny any such recompense.
How any intelligent person can
doubt that restitution should be
made is beyond my understanding.
The professors were illegally dis-
missed. Is it right that they should
suffer heavy financial loss due only
to the improper action of the Re-
gents? The issue is as simple as
that.

If Governor Knight desired (as
he declared) to bring this contro-
versy which has lasted four years
to a close, he cho^e an absurd
method to do so. That the refusal
to recognize this legitimate obliga-
tion should be regarded as a
method of bringing an end to the
dispute is palpably preposterous. Of
course the professors have every
right to call upon the courts to see

MONROE E. DEUTSCH

to it that the Regents do their
manifest duty.

In fairness, It must be noted that
six Regents justly refused to ac-
cept the view that prevailed (Hel-
ler, McLaughlin. Merchant. Olson.
Sproul and Steinhart) and that
certain Regents who were absent
would have voted with them had
they been able to attend.

The majority of the Board re-
(Continued on page 12)

29 meeting a proposal to institute a
suit in declaiatory relief.

The suit would have resulted in
immediate payment of the salary
claim.s, which amount to approxi-
mately $250,000.

After the vote Gov. Goodwin J.
Knight, in a prepared statement,
said the decision "should end for
all time the debate which has
brought both misunderstanding and
damage to our great University and
to the cause of education."

Deutsch criticized Knight's state-
ment and said if Knight desired to
bring the controversy to a close, "He
chose an absuHJ method to do so.
That the refusal to recognize this
legitimate obligation .should be re-
garded as a method of bringing an
end to the dispute is palpably pre-
posterous." he said.

Meanwhile, there was much spec-
ulation as to whether or not the 71
non-signers would initiate action in
the courts to retrieve the back sal-
aries which they claim is due them.
So far. Edward C. Tolman. rein-
stated professor of psychology and
spokesman for the non-signers, ha."^
declined to elaborate upon the
statement he issued to the press fol-
lowing the Jan. 29 Regents' meeting.
His statement at that time read:
". . . The effects of this action
upon the value of tenure and con-
tracts held by members of the fa-!--
ulty of the University of California
is clear. Any faculty member who
rightfully disagrees with wrongful
action must not only go to court
once to prove he is right, but must
go to court a second time to obtain
fair compensation for having acted
rightfully in the first place."

ck
reo

t;
c
f
c

anu
T
roll
thf
th
th

Professor Petei
although certai

By SKIP GARRETSON

Peter Odegard, chairman of the
political science department, pulled
out of the race for United States
Senator even while a spontaneous
drtfft movement was certain to give
him 60 to 70 per cent of the votes on

/

to

it

ic

iP
s,
of
le
e-

f'nj'^H) IN TWO SEOnONS

O"

t-

•I*-

^

»\f

Z-^L^udT'-^ ^

e, Pulseoffhe Public—

XTrf,, /70-

.'^a-*^

•re
ill
ily

rl-
ild
as
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Deutsch Calls on UC Regents
To Recompense Dismissed Profs

By IVIonroe E. Deutsch

Former Vice President and Proroit of VO

Every sensible citizen of the state feels strongly that it is high
time that the controversy in the University of California arising
from the dismissal of a group of professors for failing to sign a
contract declared illegal by both the District Court of Appeal and
the State Supreme Couit be brought to a close.
The controversy would have

been brought to a just end had
the regents, at their last meet-
ing, provided recompense for the
financial loss incurred by the
professors as the result of their
illegal dismissal.

This the regents did not do.
They voted to deny any such
recompense.

•Illegally Dismissed'

How any intelligent person can

the professors again to go to
court for simple justice.

Surplus Food

By J. p. Riordan

Our President has asked Con-
gress for a federal loan to clean
out our slums. He should also
ask Congress for a loan to feed
the poor and hungry people in
the slums. We have billions of
bushels of foodstuff spoiling in

— ^ ...0V.WV j^viowii ».au wv..j»iv-ii3 fjL luuuMuii spoiling in

doubt that restitution should be our warehouses and the poor are

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made is beyond my understand
ing. The professors were il-
legally dismissed. Is it right that
they should suffer heavy finan-
cial loss due only to the improper
action of the regents? The issue
is as simple as that.

starving. Congress should take
all this food and cotton and give
it to our mills to make clothing
and food for the poor. Bread
costs three times as much as a
pound of our bullets today,
and grain is spoiling in our ware-

If Governor Knight desired (as houses
he declared) to bring this contro- ^^^ ^^^^ better it would be
versy which has lasted four years ^^ ^^^^^ ^^e rest of the Ameri-
to a close, he chose an absurd ^^" people to purchase butter at
method to do so. That the refusal * P"^^ based on the supply and
to recognize this legitimate obli- ^^"^and, rather than to have the
gation should be regarded as a ^Jovernment store it in ware-
method of bringing an end to the ^^"^^s at the rate of over one
dispute is palpably preposterous "^"^^^o" pounds a day as it is
Of course the professors have ""Zr ^""'u^ .. .,
every right to call upon the r- s"o"'a all write to our
- • Congressmen about this prob-

courts to see to it that the regents
do their manifest duty.

In fairness, it must be noted
that six regents justly refused to

lem, and ask them to do all
possible to remedy this situation.

Feels Fearful

accept the view that prevailed r, #•„«.„« i
(Heller. McLaughlin Mn,.v,„.* Bj George Lawrence

(Heller, McLaughlin, Merchant,
Olson, Sproul and Steinhart) and
that certain regents who were ab-
sent would have voted with them
had they been able to attend.
Inconsigtency Cited
The majority of the board re-
vealed its inconsistency in view

Have just finished reading Tom
Stokes' column for Feb. 4— how
the law in Washington, D. C,
held as seditious the window
signs of a grocer, Carlos Garcia,
because they were critical of
the Republican Administration.

II a person has a reasonably

T^atv.u no iiiwuiisisiency in view ** « i^isun nas a reasonaoiy
of two previous actions taken by ^^^ "I'nd these days, then I

lh«> rPffPntc- ran't imuaino K/\ii> k^ ^^..u u-i_

(,'

the regents:

l.—The vote on Nov. 20. 1952,
to the effect that severance pay
be granted to those who had been
dismissed and had subsequently
resigned from the faculty. The
regents have now completely ig-
nored this action and refused re-
imbursement to these prefessors
as well as to the others.

2.— The regents on Nov. 20,
1952, instructed President Sproul ». . -,
to secure through appropriate de- '^^0' Po/
partmental channels statements By Win. F. Mayer
of the financial losses each pro- The letter by Ross P-
fessor had incurred as the result Feb. 3 did much tr*-
of the regents' dismissal. This enhig me as ♦
the presidentjdid and presented which the

cant imagine how he could help
feeling fearful and apprehensive
because of what is going on in
Wafhington today.

I don't think I will be arrested
in California for saying that I
distrust the Administration, that
I hijive had entirely too much of
it. At the rate things are going,
however, the nonconformist may
soon expect recrimination.

Your

Lette»

lie nius
name
writer,
authcntj
dresses
the writ
should I
to one

protest n
tion in p
gested."
Mr. Roge
ness ager
executive
and AFL
Municipal
platform
their Civ
such. Thf
platform
their uni(
I might a
ries paid
money th
on the act
Mr. Rof
Muni pit
sometimes
isn't livim
life. My a
Wouldn't^ :
that your
you were
common 1
work that
work that
your life
little rega
I know V
I have w
fices. I h
cipal busc

CForn

By Wm. «

Just ho
of Super
voter is—
of the cal
claim to
the cable
are voting
tinction.

Their ac
free O'Farrc
traffic for i
garage that
certainly tak(
are only 67 p
on the street
in an entire
from Grant
than seven
block! By t'
few. two ^
be opened
traffic, ra
storage of
traffic wer
vised mor»
from St*-
douh'

ty

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am

of
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J to

we

re-

in

ent
ice.

'Illegally Dismissed*

How any intelligent person can
doubt that restitution should be
made is beyond my understand-
ing. The professors were il-
legally dismissed. Is it right that
they should suffer heavy finan-
cial loss due only to the improper
action of the regents? The issue
is as simple as that.

If Governor Knight desired (as
he declared) to bring this contro-
versy which has lasted four years
to a close, he chose an absurd
method to do so. That the refusal
to recognize this legitimate obli-
gation should be regarded as a
method of bringing an end to the
dispute is palpably preposterous.
Of course the professors have
every right to call upon the
courts to see to it that the regents
do their manifest duty.

In fairness, it must be noted
that six regents justly refused to
accept the view that prevailed
(Heller, McLaughlin, Merchant,
Olson, Sproul and Steinhart) and
that certain regents who were ab-
sent would have voted with them
had they been able to attend.

Inconsistency Cited

The majority of the board re-
vealed its inconsistency in view
of two previous actions taken by
the regents:

1.— The vote on Nov. 20, 1952,
to the effect that severance pay
be granted to those who had been
dismissed and had subsequently
resigned from the faculty. The
regents have now completely ig-
nored this action and refused re-
imbursement to these prefessors
as well as to the others.

2.— The regents on Nov. 20,
1952, instructed President Sproul
to secure through appropriate de-
partmental channels statements
of the financial losses each pro-
fessor had incurred as the result
of the regents' dismissal. This
the president did and presented
his report on Jan. 30, 1953, recom,
mending payment. But whatever
intention the regents may have
had to reimburse those dismissed
has now been thrown out the win-
dow and President Sproul's rec-
ommendation ignored.

Stop to think of the present
situation. Men and women who
had tenure in the university were
dismissed despite the fact that
in not a single case was there the
slightest evidence of Commun-
ism. The court ordered their res-
toration on taking the Levering
Act oath, which they did.

For the mental suffering of
those years and anxiety for their
families, no recompense can be
madfe nor is any sought. The fi-
nancial loss due to this improper
discharge is the only thing that
can be made up.

'No Luster Added'

The stigma on the university
throughout the academic world
resulting from the unjust and vio-
lent attacks made on honorable
men cannot be so readily atoned
for. The violation of tenure is a
gross attack on faculty right.s.

No luster has been added to
the great tradition of the Univer-
•ity of California by the majority
of the regents who voted to re-
pudiate obligations and to force

the poor and hungry people in
the slums. We have billions of
bushels of foodstuff spoiling in
our warehouses and the poor are
starving. Congress should take
all this food and cotton and give
it to our mills to make clothing
and food for the poor. Bread
costs three times as much as a
pound of our bullets today,
and grain is spoiling in our ware-
houses.

How much better it would be
to allow the rest of the Ameri-
can people to purchase butter at
a price based on the supply and
demand, rather than to have the
Government store it in ware-
houses at the rate of over one
million pounds a day as it is
now doing.

We should all write to our
Congressmen about this prob-
lem, and ask them to do all
possible to remedy this situation.

Feels Fearful

By George Lawrence

Have just finished reading Tom
Stokes' column for Feb. 4— how
the law in Washington, D. C,
held as seditious the window
signs of a grocer, Carlos Garcia,
because they were critical of
the Republican Administration.

I£ a person has a reasonably
opon mind these days, then I
can't imagine how he could help
feeling fearful and apprehensive
because of what is going on in
Washington today.

1 don t think I will be arrested
in California for saying that I
distrust the Administration, that
I have had entirely too much of
it. At the rate things are going,
however, the nonconformist may
soon expect recrimination.

Muni Pay

By Wm. F. Mayer

The letter by Ross P'
Feb. 3 did much tn-
ening me ^ ♦

which the •
on spe"

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Mr. Roj.
Muni p I i
sometimes
isn't livinj
life. My a
Wouldn't, :
that your
you were
common 1
work that
work thai
your life
little rega?
I know ^
I have w
fices. I h
cipal busc

O'Farn

By Wm. •

Just ho
of Super
voter is—
of the cal
claim to
the cable
are voting,
tinction.

Their ac
free O'Farre
traffic for \
garage that
certainly take
are only 67 f
on the street
in an entire
from Grant
than seven
block! By t'
few, two "i
be opened
traffic, ra
storage of
traffic wer
vised mor'
from St*-
doub'
tv

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cable address "Bellevu©"

Bellevue Hotel

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^ Back Pay at UC

Editor— Thank you for print-
ing Dr. Deutsch's fine letter
regarding the outrageous re-
fusal of a majority of the
University of California Re-
gents to discharge their fi-
nancial obligation to the group
of professors who failed to
sign ,the illegal "loyalty" con-
tract. I hope the prestige of
Dr. Deutsch's name will ex-
pedite the settlement which,
as he says, "every sensible
citizen" knows should be
made . . .

BARRETT N. COATES.
Berkeley.

Editor— In your issue of the
tenth of February, you give
space to a statement by Dr.
Monroe E. Deutsch concern-

Deutsch: Support
from an ex-Regent

See letters: "Back pay at UC"

ing the action of the Regents
of the University of California
refusing to compensate the
professors illegally dismissed
for the financial losses in-
curred.

Dr. Deutsch's high reputa-
tion in the academic world
and his long service in the
University of California, give
confidence in his conclusions.
It is most unjust that the
group of men and 'vomen who
have already suffered so
greatly should be given the
burden of financial loss as
well. There can be no doubt
that the decision of the Ap-
pellate Court and jf the State'
Supreme Court declaring their
restoration demands that they
be reimbursed for the losses
they have sustained.

I write as a graduate of the
university of 67 years stand-
ing and who also served on
its Board of Regents for near-
ly 36 years. __->-

JAMES K. MOFFITT.
San Francisco.

eutsch

I

THE INSTITUTE FOR ADVANCED STUDY

PRINCETON, NEW JERSEY

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Deutsch defends prof essors
in the back pay controversy

(Continued from page D cf^^ f .u- , "^^ ^J

...... 1^ oc 1^ stop to think of the nrpspnt cTf_

(Continued from page 1)

vealed Its inconsistency in view of
two previous actions taken by the
Regents:

*v,^~ T!^^ ^"^^^ °" ^°v- 20. 1952. to
the effect that severance pay b-
granted to those who had been dis-
missed and had subsequently re-
signed from the faculty. The Re-
gents have now completely ignored
this action and refused reimburse-
inent to these professors as well as
to the others.

2— The Regents on Nov. 20 1952
instructed President Sproul io se-
cure through appropriate depart-
mental channels statements of the
financial losses each professor had
Incurred as the result of the Re-
gents' dismissal. This the President
did and presented his report on
Jan. 30. 1953. recommending pay-
ment. But whatever intention the
Regents may have had to reimburfe
those dismissed has now been
thrown out the window and Presi-
dent Sproul s recommendation ig-
nored. ^ "^

Stop to think of the present sit-
uation. Men and women who had
tenure in the University were dis-
mis'-ed despite the fact that in not
a single case was there the slight-
est evidence of communism The
court ordered their restoration on
taking the Levering Act oath, which
they did.

For the mental suffering of those
years and anxiety for their families
no recompense can be made nor is
any sought. The financial loss due
to this improper discharge is the
only thing that can be made up

The stigma on the University
throughout the academic world re-
sultmg from the unjust and violent
attacks made on honorable men
cannot be so readily atoned for
The violation of tenure is a gross
attack on faculty rights. No luster
has been added to the great tradi-
tion of the University of California
by the majority of the Regents who
voted to repudiate obligations and
to force the professors again to go
to court for simple justice.

MONROE E. DEUTSCH

dered to pay non-signers

leclared the oath

e prolessors re-
ue their teaching
jority of the Re-
hcir last meeting
ny the pay claims

fter the meeting
professors de-
Id sue.

d were of three
fessors of tenure
that their rights
ited. The second
!g seven, did not
of tenure, but

sued for breach of contract and
back pay.

The remaining five have re-
signed and ask for up to a year's
severance pay, which they claimed
is due them under a grant by the

See paffe seven for the names
and background on each of the 21
loyally oath non-sigmers. Editorial
comment on page eight.

Regents in 1950 and reaffirmed by
the Regents last year.

In jpport of this claim, the
last-ncined five men presented let-

ters dated Feb. 11. 1953. in which
the Regents accepted the profes-
sors' resignations and notified the
men that their claim for sever-
ance pay had been granted the
day before.

Tlie professors declare that the
Regents have failed to make good
their promises.

Three professors emeritus uho
have reached retirement age. also
ask the court to decree that they
are entitled to full pensions based
upon continuous service and not
merely partial pensions.

All professors who filed suit yes-
terday left it up to the court to

Name and present status
of oath non-signers listed

\

Following are the names and
status of the 21 professors who re-
fused to sign the loyalty oath, and
who filed suit yesterday against the
Regents.

Arthur H. Brayfield. 39. assistant
professor of education. Reinstated
Jan. 1, 1953; resigned Aug. 24, 1953.
Sues for $13,465.03, back salary; no
claim of tenure.

John W. Caughey, 51, professor
of history, UCLA. Reinstated Jan.
1. 1953. Sues for $23,124, back sal-
ary; claims tenure.

Hubert S. Coffey, 44. associate
clinical professor of psychology.
Reinstated Jan. 1. 1953. Sues for
$15,777, back salary; no claim of
tenure.

Leonard A. Ccyic, ii. associate
professor of business administra-
tion. Reinstated Jan. 1, 1953. Sues
for $16,660.50, back salary; claims
tenure.

Ludv/ig Edclstein, 52. professor of
Greek. Resigned Dec. 15. 1952. Sues
for $7,220. severance pay.

Edwin S. Fussell. 32, instructor of
English. Resigned Dec. 13. 1952.
Sues for S4,200, severance pay.

Margaret T. Hodgen, 64. associ-
ate professor of sociologv. Rein-
stated Jan. 1, 1953. Sues for $16,-
826.25 back salary; claims tenure.

Ernst H. Kantorowicz, 59. profes-
sor of history. Resigned Dec. 17,

1952. Sues for $7,800. severance pay!
John L. Kelley. 37, professor of

mathematics. Reinstated Jan. 1,

1953. Sues for $16,513.75. salary;'
claims tenure.

Harold W. Lewis, 31, assistant
professor of phyrics. Rein<:tatr'.i
Jan. 1, 1953; resigned Aug. 28. 1953
Sues for $12,838.50, back salary; no
claim of tenure.

Hans Lewy, 50, professor of
mathematics. Reinstated Jan. 1,
1953. Sues for $21,387.50, back sal-
ary; claims tenure.

Jacob Loewenberg. 72, professor
of philo-sophy emeritus. Reinstated
Jan. 1, 1953, with emeritus status
effective July 1, 1952. Sues for $19.-
735.25, back salary; claims tenure.

Charles S. Muscatine, 34, assist-
ant professor of English. Rein-
stated Jan. 1, 1953. Sues for $12,-
427.50, back salary; no claim of
tenure.

John M. O'Gorman, 39, assistant
professor of chemistry, Santa Bar-
bara college. Reinstated Jan. 1,
1953. Sues for $13,627.25, back sal-
ary; no claim of tenure.

Leonardo Olschki, 68. lecturer
in Oriental languages. Reinstated
Jan. 1. 1953; became emeritus July
1. 1953. Sues for $5,360, back sal-
ary; no claim of tenure.

Brewster Rogerson, 33. assistant
professor of English. Resigned Dec.
16, 1952. Sues for $4,800, severance
pay.

R. Nevitt Sanford, 42, professor of
psychology and associate director of
the Institute of Personahty Assess-
ment. Reinstated Jan. 1, 1953. Sues
for $19,866, back salary; claims ten-
ure.

Pauline Sperry. 69, associate pro-
fessor of mathematics emeritus. Re-
instated Jan. 1. 1953, with emeritus
status effective July 1. 1952. Sues for
$13,960.50, back salary; claims ten-
ure.

Edward C. Tolman, 68, nrofessor
of psychology. Reinstated Jan. 1
1953. Sues for $26,220, back salary;
claims tenure.

Gian Carlo Wick. 45. profes.^.or of
physics. Resigned Dec. 13, 1953.
$4,900. Sues for severance pay.

Harold Winkler. 40. assistant pro-
fessor of political science. Rein-
stated Jan. 1. 1953. Sues for $13,597
back salary: no claim of tenure.

I

decide if the sums they earned
while they were away from the
University and working at other
jobs, should be deducted from the
back pay they claim is due them.

The total earned by the group
was $85,261.93.

'I he Regents are meeting today
at the UCLA campus. Sources
close to the Regents indicated that
the suits instigated by the 21 pro-
fessors may be put on the agenda.

If they are not, the Regents
would have approximately two
weeks between their March meet-
ing and the April deadline set by
the court to formulate their case.

The Loyalty Oath Cases

Reinstated Professors
At UC Sue for Pay

Twenty-one University of California professors dis-
charged in 19d0 for refusing to sign a special university

P

loyalty oath and later ordered
Supreme Court, filed separate
Regents of the inslitutiorr for —
back salaries and severance pav
totaling $290,291.33.

The suits were filed in Sacra-
mento Superior Court by Stan-
3ey A. Weigel. attorney for the
professors, and shortly before
noon Presiding Judge John^
Quincy Brown granted them
alternative writs of mandate. sio
The writs were issued against foi
the Regents, who were" ordered ..
♦o pay the professors* claims
lor back salary and severance ^''
pay. or. if they fail to do so by lir
April 8. to appear before the 5^
court to show cause whv they
haye not done so.

University Regents and offi- P'
rials, in Los Angeles for today's s
monthly board meeting, were ^
not immediately available for ,
comment.

At last month's meeting the ^
Regents, by a vote of 14 to 6. re
fused to pay the professors' back ^
salaries. ^^

Sixteen of the professors, who
returned to teach at the uni-
versity after the Supreme Court
found the special loyalty oath
unlawful and ordered the
Regents to restore them to their'
posts, claimed back salary ag-
gregating a total of $261,391.33.
Five of the professors, who re-
signed to teach at other uni-
versities, sued for severance pa\-
totaling $28,900.

All those who sued for back
pay leave it to the courts to
decide whether sums they
earned during the two and a'

reinstated by the State
suits yesterday against

\i

t

F

half years the\ were barred ^
from their posts should be de-l^
ducted from the totaJ back sal-i*
aries they claim. Each profes-'
»or lists, in his suit, what he ^
earned during that period. The ^
aggregate is $85,261.93. i^<

In filing yesterday's action. ^"^
Weigel .said: "By voting ]...♦ ^
month against honoring !;„
rights of the returned profe.s-!
Kors to back pay. a majority P
of the Regents have compelled E
the profe.s.sors once again to go ^
to court to obtaii their rights. ^

"The general law is clear that ^
anyone who has been wrong- ^
fully discharged and barred*^'
from a position is entitled to ^'
back pay. ' iC

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n-

a

y

Compensation cLi^

the wopie, 10^1"; that we,
'J'.n'^ice done io^'Tk °^ ^"^

Fytaiar,. 30, They are
J ■'"""uehUiccoun^

I ^, !*''»' '^■itmp.to ;

fient.; it"- ""ajorirj- ol Re -

--3o4ro;rsr:;r^

«hort.si^hU^,i,;-'«"n Of this
Walnut 0™''^'''^^^"-

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Loyalty Oath Echoes ^

UC Regents to Fight
Professors' Pay Claims

_i •

\''To^" ANCV1% r.h 9ft P Ii«on and Sutro, to fight the pro-
,j,J LOS ANGELES. Feb. 26- Re- fessors' suits.

gj.! gents of the University of Cali

fornia voted at

their regular' ^^ ^^'^ Prmce who represented
.t' Ufcf tH^^"- ^«^-"ts in the original loy-

^cnjijiirt vijiru HI ineir reguiar +l

^'meeting here today to resist the^*^f '"^^.f"^''' '" ^^^ ^

4iclaims of 21 professors who sued'*^^"'' ""^^^ controversy.

)S-

ly

at
It
e

them Thursday for back salaries . '^^^ regents have been ordered,
and severance pay totaHng $290- '" alternative writs of mandate
291.33. j granted yesterday by Presiding j

The 21 professors were fired i""*^"" •^"^" .^"*"^>' ^^^^'" ^^it

in 1950 for refusing to sign the ^^Z^"^ ' ^" P^'' ^^'^ P^"^^'*^'

e- regents' .special loyaltv oath and "i";' T^^j.^' ^/ ^" ^PP^^^r before >

r-(in ]952 were ordered " reinstated ^IZ IZl ? f""""' '^"'^ "^^^l^

|by the Stat; Supreme Court m\'^^.^^'' ""^ ^""^ '^ \i

ft la deci.sion that found the special :„^"^'*' *"^ pledge.*; lotaiing 5

IS , pledge unconstitutional. Last
7"| month the regents voted against

le-

m

paying the professors their back
salaries and severance

NEYLAX 'BAFFLED'

$711,230.19 were accepted yes-

re
an

terday by the Regents at their
meeting.

Among the gifts was a $78,- 1^
916.78 bequest from the estate'

John Francis Neylan. leader ^'^Jj^f^^^,,^;'"^^

of the pro-oath faction, said heif^wshinT Th^l'h"', ^^'k'°'I
was "baffled- bv the 21 sPn«rpto t^r^f^ l^t\- u ?^ scholarships!

were established by Mrs. Nor-

was "baffled" b>- the 21 separate
suits, filed in Sacramento Su-
perior Court by the professors'
3ryjattorney. Stanley A. Weigel.
of I A special committee, headed

tor in memory of her mother,
Ella Ma\- Cooper Bonsali. with
w'hom she liver' at 2810 Ben-

10.-; by Neylan. voted to retain Eu- ""^rZ '^/J^"^; ^^^^l^^"

ron- gene Prince, of the San Fran-i^iZ^.^.^f^^"^' also accepted a

Cisco law firm of Pillsbury. Mad-|!,\,I^rLH^K ^" .^^"-^^^'^^ be-
_^ *^ jqueathed the university by the

late Joseph Prince Tracy of
Eureka, an acknowledged au-
thority on Northwest Califor-
nia plants.

A gift of $.50,000 from the
Levi Strauss Foundation w^l
almost double the existing Levij
Strauss scholarship fund on the'
Berkeley campus, established in '
memory of the pioneer San ^
Franci.sco industrialist who •"
died in 1902. ^

I Regents also approved ap-
pointments of Farnham P. Grif- j
fiths. distinguished San Fran- i
Cisco attorney, as professor of \
law. and of Dr. Jakob O. A. Lar t
son as Sather Professor of Clas- \
sical Literature. it.

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*UC Professors fl
Win loyalty' Pay

Regents Ordered to
Settle or Show Cause

SACRAMENTO, Feb. 26 (UP)
— Regents of the University of
California were ordered yesterday
to pay $290,291 in back pay and
severance to 21 professors fired
in the loyalty oath controversy or
show cause by April 8 why they
have not done so.

Superior Judge John Quincy
Brown issued the alternative writ
on the motion of Attorney Stanley
A. Weigel of San Francisco. No
attorneys for the University were
present in court and the motion
was not opposed.

The 21 professors were fired for
failure to sign the loyalty oath
and lost two years pay at the
university. They were ordered re-
instated in a State Supreme Court
decision in 1952.

The professors individually filed
suits before Brown today asking
for back pav and severance total-
ing nearly $300,000.

Of the 21 filing the actions, only
five now teaching at other uni-
versities asked for severance pay
totaling $28,900. They charged the
university told them at thn time
they refused to sign the loyalty
oath that if they would resign
they would be paid sev^erance.

The professors asserted the uni-
versity "deliberately and unlaw-
fully repudiated its obligation."

TTie list also included three pro-
fessors who asked full retirement
benefits. They said they were now-
paid only partial pensions because
of the two-and-one-half year gap
in their service.

In the suits, the faculty mem-
bers left it to the discretion of i
the court whether $85,261 they
earned during the time they were
barred from the university should
be subtracted from their claims.

In addition to asking the back
pay, nine of the professors who
were of tenure rank asked also
they be guaranteed their tenure
rights.

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^isa Freeze

Editor— r nrotPQt «„

"visa freeze-^hv ^^'"^^ ^h«

Partment nK^ °"'' ^^""^^ De-
HaiLment. Obviously th** i *

tbing Senator Mrr«rro ^^^

Nazs and Pa-^t/'icfc - ^^"^^

^°^2. a ^ar against them
ARTHUR H. GOWAN
Grass Valley. . ^'^'^^^-

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Psychologists'
Group Assails
Firings at UC

STATE COLLEGE. Pa.. Sept. 6
(^)— The governing board of the
Nation's organized psychologists to-
day took strong action about the
recent firings at the University of
California over the "loyalty oath"
issue.

The board of directors of the
American Psychological As.sn.. de-
clared it had taken the following
unanimous actions:

1— Instructed the placement serv-
ice of the APA_an organization
that has more than 7000 members
to refuse assistance In filling va-
cancies in the California system
,e I until such time as tenure condi-
,. tlons meet^ acceptable standards."
5.1 2— Recommended to its full mem-
bership that they "not accept posi-
nations in the State university sys-
il item until such time as tenure con-
.h|ditions improve.'

is

■ ''Tn P ^^""^ FERGUSON
San Francisco.

R'ghfs

th» t7 ^ ^^^ oath disDute a^

Marines

Editor— Mr Triiiv»«
the Marine Corps j.,

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s-

it

3re

/ed

ren

Regents

Editor — I wonder what I and
millions of others fought for only
five years ago! The majority of
the U. C. Regents have grossly
violated all the principles of fair
play that have made us a free
people. Impudently stating that
the dismissal of 31 renowned
scholars was "not a question of
Communism but one of disci-
pline," the Regents' majority went
on to pooh-pooh the validity of
the faculty committee of review —
the last chance at a trial by jury.
Such a small band of dictators
that can completely ignore the
integrity and achievements of our
great faculty is comparable only
to Stalin's Politburo or to the In-
quisition. As a graduate student,
a combat veteran and a thought-
ful American, I feel that I've been
betrayed. Democracy, like the
University, has been badly crip-
pled. DANIEL L. RADER.

Berkeley.

'^' - -*.

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'-;••"•.

•■"».■■.■,• •
IS)

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'> '

SAFETYV

Light

Editor— After reading the deci-
sion of the majority of the U. C.
Regents to dismiss 31 professors
simply because they refused to
sign on the "dotted line," I can-
not help but wonder what they
hoped to accomplish! Is a mat-
ter of discipline more important
to them than the loss of the pres-
tige and greatness of this Univer-
sity? Were their own egos and
their pride so strong that they
could not see what they were do-
ing? Or do they sincerely be-
lieve they are helping the Univer-
sity by ridding it of these schol-
ars? These scholars, who have
devoted their lives and energies
to the principles of truth and
justice, are to be dismissed with-
out even a trial. The University
of California seal bears the in-
scription: "Let there be light."
These few Regents have muffed
out that light.

BARBARA O. RADER.
Berkeley.

Policy

Editor — Re MacArthur state-
ment on defense of Formosa: In
my estimation MacArthur, an

casion f
yers, cou
and a le.
sufficient
the comr

Virgini;

ThisC

Editor-
Angeles '
Francisco
lined sti
about th
rect . .

Look a'
of dead]}
block aft.
ing, and
give a sm
to the sc

Even w
in the fi
dents art
ignorant
provemen
garden

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Knocks

Editor — As one who has not
read Karl Marx, as one who is not
a Communist, as one who, to the
best of his knowledge, doesn't
even know a Communist, may I
be permitted a cheer for our
American 'universities in their
stand against the wave of bigotry
and intolerance that is at present
sweeping our country? When it
comes to knocking our present
Government, Administration, etc.,
how does one distinguish a Com-
munist from a Republican?
San Francisco. T. DOLLARD.

DOCTOR and wife desire 2 or 3^

Pay to $45. Juno 8-8498. ^

MO 4-3600. Ext. J69_or_SE_l:^£;;U_^

NEWLYWEDS.'both employed, nee.

2-3 rm apt. starting Aug. 1. Pay w

J55 UN 3-4000, ext. 322. d^ys^

or 4-rm. aPtvI?2,,52AlAIiNXX^N^>^>^^

133a RENTALS SHARED

rt'^BAl^aaT'o-K and an day
Mon. and Tues.

YNG cple. would like to share their
""^Sn'^^apt. With 2 nice bus.^ g.rl-s.
Lge. lawn. Refs. reo ^^^

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Regents

Editor— The stand you took dur-
ing the whole loyalty oath con-
troversy is to be admired. Of
course, it became obvious early In
the controversy that any attempt
to appeal to the reason of certain
members of the Board of Regents
was futile. So long as Commu-
nism was the issue, the Regents
could reasonably claim that they
had the interests of the Univer-
sity at heart, but when the issue
of firing nonsigners became, in
the words of Regent McFadden,
"one of discipline," it became
clear that the interests and pres-
tige of the University were sec-
ondary matters to certain Regents.
It seems inconceivable that the
board of directors of a corpora-
tion, for instance, would vote for
any policy which would harm
their company; if they did, they
would not long hold their posi-
tions, and this is as it should be
for the policy-determining group
of any institution. Although it is
somewhat late for that, the Re-
gents who are not concerned with
the welfare of the University
should be asked to resign.

DOROTHY HART.
Sail Frat^oisco.

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Signers

Editor— I suggest thai In the
next session of the state Legis-
lature, one of our ambitious Con-
gressmen introduce a bill requir-
ing all public employees and civil
defense workers to sign an oath
swearing that they did not lie in
signmg the 1950 loyalty oath. If
this procedure could be continued
Jor, say, five years, we might
have a fairly good roster of the
real Communists in the State-
all those who unhesitatingly
signed every oath.

DORRIS GOODRICH
Berkeley.

Republican Ideas

Editor— Do you suppose Veep
Barkley inadvertently slipped his
foot m his mouth a la Truman
or was he just a nonthinking
politician when he spoke of "new
ideas the Republican party haa
had in the last 78 years," In his
Oakland speech?

The list of ideas enacted into
law is so long I am sure you
could not give it space but it in-
cludes first labor protection laws, I
first antitrust laws, first work-
man's compensation laws, the
FBI. the RFC. the Federal home
loans, first farm parity law, Fed-
eral deposit insurance.

You have no idea how delighted
I would be to include the rest of
the list. (

FRANCES DE REYNIER. "
Berkeley.

Yugoslavs i

Editor — The Yugoslav people
must think littl: of Providence.
No sooner the shooting starts i
somewhere in Europe than those
capable are handed a gun and
bayonet and sent to the frontier
and in their own shoes. They are
on their own when the shooting
ends. Of those returning many
turn to the dirty roads and donkey ^
made trails to reach their homes
then step in the lipe with the rest
to receive soup and bread, and a
picture of their new ruler.

JOHN PAGAN.
Mountain View.

Solutions

Editor-This problem of secur-
ing loyalty in public officials is be-
commg more complicated every
day If It is necessary for a man
to take a special oath so that
^« can be sure that he took his

^Ilfi""*^ °*^^ *^^ °"^« in good
faith isn't ,t a.s necessai-^ to "
Check up on such unreliable people "
frequently and to make themX
new voluntary oaths on numerous
occasions?

on^ThT. ^K* y^^'y °^^^ Placed
«n the back of each pay-roll

Tl.6'1 ''*f '''' P^-oV^ho
cashed It would sign both check
and oath at the same time or

make the loyalty oath in the 'orm
5 a small rubber stamp which

could be used at the bottom of
•ach letter and signed at th.
same time that the letter is signed

Another idea would be to re-
quire men in position of unusual
responsibility to take lie-detector
tests at the same time that they
take their loyalty oaths. But sun-
pose, after all these precautions,
they should turn out to be just
plain stupid? C. F. PentLER

San Francisco.

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Give Professors
Their Back Pay

REGENTS of the University of California are re-
portedly showing some disinclination to pay the
back salaries of some 18 or 20 professors who were
summarily dismissed in 1950 for refusing to sign a spe-
cial declaration of loyalty which the Regents had
decreed.

If such reluctance exists, it is hard to understand
In the face of what appears to be a legal and moral

obligation.

EDITORIAL

The California Supreme Court ruled
specifically last October that the Re-
gents were without authority to demand the special
pledge. The unanimous decision held: "Multiplicity and
duplication of oaths and declarations would not only
reflect seriously upon the dignity of State employment
but would make a travesty of the effort to secure loyal
and suitable persons for Government service ... No
question is raised as to petitioners' loyalty or as to their
qualifications to teach, and they are entitled to a writ
directing respondents to issue to each of the petitioners
a letter of appointment to his post on the faculty of the
University upon his taking the oath now required of all
public employees under the Levering Act."

Previously, the District Court of Appeal had like-
wise held the requirement of a special loyalty oath in-
valid, saying ". . . the imposition of the oath in question
being violative of the applicable constitutional pro-
visions, the abuse of discretion is clear, and hence this
Court may compel the reinstatement of petitioners to
their respective positions."

On moral grounds, the case of the professors is no
less strong. They were deprived of employment and
salary through no fault or misdeed of their own. They
were dismissed solely because they resisted a demand
that offended their principles— a demand that the
courts later found illegal and void.

For more than two years they were barred from
their rightful employment, suffering considerable eco-
nomic loss and injury. A few found other employment;
and others were compelled to dip into their savings, and
when these failed, to accept grants or loans from a sub-
scription fund raised by members of the faculty.

On the average, each professor who refused to sign
the special oath has had about $17,000 in salary with-
held.

As a fine exacted for any but the most heinous
crime, such an amount would be exorbitant. But here
no crime was committed or even alleged, there wa.«; no
wrongdoing on the part of the professors, who stood
firm on a principle that the State'i highest courts have
found was right and just.

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FIIMED IN TWO SECTIONS

N FRANCISCO, SATURDAY, OCTOBER 18, 1952

U . f

><E-Ow(VED Newspaper sJ ■ i ,

GA 1-1112 DAILY 10c, SUNDAY 20c

,in Surgery
on Human

Tests on
Suspect Still
Incomplete

/

UC Oath Outlawed,
Levering Upheld

State Supreme Court Orders
17 Professors Reinstated—
If They Sigri General Oath

r^ Wlrephoto

awing shows how the me-
etour blood around the left
heart so that surgery could
owed through the n-echani-
mped back into the body.

t Is By-Passed

By MICHAEL HARRIS

Chmnicle Staff Writer

CHESTER. (Plumas
county), Oct. 17— The blazel
of circumstantial rvidence that _

has made Loui« Edmond Blair B r\A\i,i^ •%■-». ^>..w.
"fh. K«ffo«^ e..o«-.*" *u ^y DAVID PERLMAN

the notte»t suspect m the t^, c. . o r-.

robbery - slaying of Guard r rr • Supreme Court outlawed the University of

YounR and three small children '-ahlornia s special loyalty oath yesterday, but upheld the
cooled considerably tonight. constitutionality of the Levering Act. which imposes a loy-

Stafp Criminologist Rqppr Orepnp. ^^^V P'^dge on all State, county and city employees,
who took R mound of phy.sical evi-: The court ordered the UC regents to reinstate 17 faculty

dencp from Blairs home and his members who had been summarily dismissed when thZ
theater to Sacramento for sclen- refused to si^n the umvpr^it^ «=*u K * *u j , ^

tific checking, told The Chronicle: ItT^L J . ""'versuy oath, but the judges also ruled

••It doesnt look like ue 11 hit any Jot' Jck """'' "^" '^' Leverm^oath if they want their
pay dirt with thi.s.' ^he Court held spectrally that LI rs , .

Greene .said it may be Tuesday, UC eniploy.-c^. inciudina laculty |NGW I Gfinlf'IPQ
before exhau.stiye te.sts of the ma-! members, are subject to the Lever- V*llVllllC.3

terials. which included pieces ofjing Act nnd must take the oath
pipe, a pipe wrench, a length of jprc^cn'o-^d in that act.
sa.sh cord and some of Blair's The courts ruling came in a
clothing, are completed. He added: *«''Je'' "^ ci-ht decisions, each oi

'•If we had anything that wej
thought would solve the crime we'dj
be down at the laboratory working!
tonight. As you can .see. were not."'

For Speeding
On Bay Span

which bore a : ?p.-.rate opinion, and

each of which conrernerl a differ- », .,

ent cf.sr invoh\'»d in the lonr con- Uniform and heavier pun-

troveiov. ishment for those caught

Blair, who will be released from '^"'''^'"'^^''^''^^T'" I speeding on the San Fran-

the Washoe County Jail in Reno! On \h^ Iri^ality of the .special ^isco-Oakland Bay Bridge was
Monday unless there is .sufficient 'o«^h Impcsed by the tJC Regents :<^ccided upon yesterday in a
pvidence to warrant formal charge.'s <>" «'• faculty members and em- conference between San Fran-
against him, has been linked to P'oyees on eight campuses in 1&49. Cisco Traffic .Judge Charles s'
the case by several circumstances the Courts decision was unanimous. Peery and Oakland Traffir t..h..

TBi

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awing snows how the me-
etour blood around fhe left

heart so that -^ -y cou'd

owed through ! c ncchani-
mped bark intn the body.

t Is By.Passcd
— He Lives

e Uic ( nine
ii Hi iwr iiit>or>iton' \^ork

lon^

A^ you can see. ^r le iv

Blair, who mill be released from ' "^' ^^'ECIAL OATH

Uniiorm and heavier pun-

.'shment for those caught

speeding on the San Fran-

V... .... ..,....., «. .... .^^^.,. Cisco-Oakland Bay Bridge wan

Monday unleiss theVe is ."sufficient '^«'^ Imposed by the VC Regent* decided upon yesterday in a

o'-re To warrnnr formal charges *^'^ **'' faculty members «nd em- conference between San Fran-

: him. haa been l.nkfd to pJoy*^« on eictht campuses in iMfl. Cisco Tralfic Judge Chailea S.

C4u^e by aeverj^l circum5?tance': ^he Courts decision uas unanimoua. Peery and Oakland Traffic Judf«

Tht ■ ■ ouiis ~ Homer W. Buckley.

'n Ji..^ t to o The conference wa^ railed at the

the Washoe County Jail in Reno' On the lr^..lity of the .«!p>ecial

'd iii t.h».s^ IS ti
i o^er w£ter i

i 1 1 1..- »^ J in li

the pledge.

request of Judge Buckley to equally^

^ rinjT little machine pumped a iheater, -rm going to kill

came to light today. _. ^^^..^

District Attorney Bertram Janes* ^" ^^ Levering Act. the deci- P«n«'ti« in Oakland and San Fran-

sajd Blair reportedly threatened •'^"" ^^^^ *'^ ^« <>"'• J"''t><"^ Jesse Cisco in conjunction with the State
,,^.--.e,*,.i u • 1 u / ^ast Julv to kill Young. Blair mas^"*' Carter mainUmed. in a dissentjHighway Patrol'.s crackdown on

uccessful mechanical heart for ^^^^^ ^^ ^^^^^^ ^^ ^oung. mhosel^'-o^" Chief Justice Phil S. Gib-Lspeeding over the Bay span.

i grocery is next door to Blair s*°"^ majority opinion, that the At the meeting, held in Judga

^j^^ Levering loyalty oath wa^ uncon- Peery s chambers and attended by

dirty stuutional. Patrol Captain John Shaffer, head

Jane^ ss,d that the murder of ^*'^" "^'"^ di.sagreed with the of the bridge detJ^il. and Patrolman

Young and the hree chUdren ^'*'" ^"**^*'^ ''^'" '^^^ "^'^^ «>«"- Harold Norton, who represents the

loung ana me tnree cmidren ^j ^^^ Levering oath a condi- detail in the Oakland Munirm.i

seemed to have been motivated by ..^^ <« .u .7 » # .u i- " "^^ ' '" ^"^ «JRKiana Municipal

i^w ,r -t«r« u^ jj^j^ j^j. ^^^ reinsutement of the 17 Court it waj< derided-

robber\', since Young was carrying t,^ «r/>f«c«r. " ' ; aeciaea.

the la/^e amount of currency to' ^^P^^l^^^^.^". . „.. „_, . ,. , , ^"^o ^^^^ speeders n per mile

ca^h pay check, in his grocery , ^^*- "'^ ^"^"' "^^^ "'^^"^** ^^'^'^ *" *P<^-^ '" ^^'^^'^^ of the 40-
t J ,. \. ^ •• Levering act cases before the Su- mile-an-hnnr limit nn t« cr «,i.-

Janes said, however, that he was . r^^ , i . ^ . , ^" "°"^ limit, up to 65 milea

, . preme Court last vear said y ester- an hnur

not overlooking re>enge as a pos- J,^ ^^ ^^^,^ "^^ ,^^ ^ ^^^^^^ *" h«"^-

,sible subsidiary motive. i-^^ ^^^ ^,^^j^ ^^ ^^^ ^^^ ^^.^^^ 2-For speeds in excess of 65

QIARREL OVER WATER 'state Supreme Court to review the ""'^^ *" ^°"'"' '« '"^^ « "^i"'-

Blair and Young had quarreled decisions. mum jail sentence of five dav^. m

bitterly over the water rights for The court in itj? decisions yester- ***°*^'°" ^^ » ^^^^y ^'"^•
their adjoining property. Young day also upheld sections of a Los! 3— For speeds of 55 miles an hour
controlled the water, and Blair Angeles county ordinance that or over, to suspend the licen.ses of
wanted more of it for his theater, provides a separate loyalty oath violators for at lea.st 30 days, in
i The District Attorney also said for county employees. addition to imposing fines.

Judge Peery .said the jail and li-

Happy
Holidays

\S hether yoii prefer nki-
inj[ in the Alp» or cele-
Itratins: t^hristmaa in
S<>anclinavia. voiir v inter
vacation planit von't be
romplele until you aee
the International Travel
Guide with Sunday's
(chronicle.

Thia special i^ection ^ill
brinjryou colorful aloriea
and helpful information
to make your vacation a
»uoreM. \K atrh for it
>»ith The Chronicle . . .

Tomorrotr

an end to the three-year contro- "P*'" ^■*'^« heavier penalties than
versy over the UC loyalty oath. ^* ^^ imposed generally in the

Icoursed back up through the bad clefeno Blair, said after a day-long
.jraJve into the left auricle, the up- conference with his client

jthat t«su would be made compar- GIBSON'S OPINION ^- .... j„.. „,.„ ,.-

\^V^! ^^"^ T f^K^ automobile q^^^ ^^ j^,, -^^^^ ^^ cen.se suspension provisions decided

land tire tracks found on an old - yinnn «-*r« u^^..;^^ .,.:-- ..

logging ro-d. where the murders

were committed. i^,^; - - p^,t

^n^hlmLr^Jwn /''wTt '"°'^"^*^" The loyaltv of state employees The meeting came a. a result of
mair Tvt^ t^r.h wVf' .mw'i^« "^^ * ^^''^^ «* to which there * recent increase in fatal accidents

Hi«\aT norfurnerup^^^^;: -«^ ^ ----^^>' ^^"--^ -°<^- ^" ^^^ ^^'^ ™«- «^ ^^^ --^'-
IriPnt .virt-rirv- fy^ i/^o- . «„^M., ^^^* *"^ different tests, but is i^K speeding. Accident,s have

l^rllplaint against SL ^'^^^^"^ ^^"''^ » '^"^^'^^^ requiring claimed 220 lives since the bridges

! In Reno, however. A. E. Bagshaw. ""^^^'■'" treatment throughout the completion in 1936

former Marin county district attor- .*if^:. , ,. , , l#%t.fV;*^«d«*-L

ney who was retained ve.sterdav to ^''* ^«J«»«ture has enacted a LOUISiaHa HaSh

general and detailed scheme re-

f per chamber which first collects "I am firmly convinced of this ^ -2 Tt jF

j-jblood coming from the lungs, man's innocence." \mO\XOf% kJIIuIOS

For the Navy

Continued on Page 2, Col. 1 Called MeteOflte

Any exercL^e made him short of Biair s mife. who is staying in
.^breath. He was seriously ill. Reno, and his father and sister.

'LJ^H 'I ^'''' ^^^ '^'^^^^'<^^ heart Louis and Florence Biair of Lark- kEW YORK. Oct. 17 nj.P-The

^ -nfe ^u^^. o^ ^ K- K^ I*?."'- """^ r""* ^'"'^ tomorrow in an Na^T's got the "itch' out of it^ win-

\ I. ^^^***^ opened his chMt. effort to find persons who can es- ^er underwear '**'" ^^' *'^tne&se.s as far away as

NEW ORLEANS. Oct. 17 flip*—
A flash appeared in Southern skies
early today and authorities here
said it probabh- was cau.'?ed by a
meteorite.

Police .said the bright lishi wa.s

A tube was pa.shed mu) the pul- ubli.«h an alibi for Blair, Bagshaw Commander

H. R Fahlbusch.

Shreveport. in the northwest sec-
tion of Louisiana, and another re-

I

monary arterv. which brings blood said. rimhinp cnr^nu- nffi/.T or,r.«Mr,/.^H •-'"" "* ixjuj.sjana. ana anotncr re-

fn>m the lungs Part of ti^ left Bl.ir al.so denied a report that he ^^^rtha^the n^^^^^^^ ^^-' '-- «" --'-^ P'^"t

.^.ncle wa^ clamped off. had once tried to kill hi. wife after ]^*L wU l^ issu^ to i^"- ^'T"" '"'^ ""' *"" '''' ^'^'^^ ^'^^'^

The machine sucked the blood ..ne found him on ti,e stage of hi. ^n^^ for t hi f^rst time this *^n- "^^?^ ^ "^'^^^ "^"'^ ""^ Mobile. Ala.

from his auncle. tnen pumped ^ darkened theater dreased in women s urWith^n^^ ''*'' '''^'"'^'' ^'^''''''

back tnrough auoUier tube inserted clothe. B said T,k ^ n k^ ,1!^ ., w ^h*''*'" 't Natchez and Summitte.

irm the mans aom _ the great --ul '^t !^.m. ,.h , °^ ^*'* ^"^'^ "*'" ^''^ ^^^ ''^ *"'•' Mis^

Imsin i.n^rv *v«r,^^f,.,v^ .k ^' "' " *h»nie and apolo- scratchv woolen.« for good.

,main artery coming from the ven- giz^o after the encounter." Bagshaw i T. * O I ft x

r'«o;s^r;:H"u-rj,r..^ir, co.,,,... „„ .„,« ,, c". , Reds Hold up ^^'" '^^^'^^ ^o"*^

"rorTm^... o« u^. tun. ^ Tafts Ofcservc Pusan Express ""■ ' ''^ ♦^'^o"9f ^Vay

Conftnuecf on Pope J Coi J ^Oal_ a • PtiSAN Ort ir«TiP. rnm Apprentice Seaman Lyman Myer.%

uj/c J, uoi. J <Sfh AnmV^r^ArM ^^^^^^ ^^ " *"P' - com- 20. stationed at Treasure I.«land,

« J? f^"^'^^^^^^J "^unist guerrillas held up the Pu- ^rove his new automobile through
HASTINGS. Neb.. Oct. 17 (\5S>.^- san to Seoul express train for three the ll,653.foot Twin Peaks street
Senator Robert A. Tafi abandoned hours last night and escaped into ^^^ tunnel earlv vcsterdav
the campaign txail today to cele-^the hills after killing three police- He told police " he beramP con-

E..ST opiN.^AD. Eng., Oct. t^ h^\':?^ m:^^ ^""'^^^^ dTicL^d '^^^^^^^ -- -:l":

I%-A./L Milne. 70-ye.r.oldautiK,r. Taft and hi^ former campaign No United Nations soldiers were '^'^'^J^tT the t^nnH H^ w,.
iPoetand playwright, was reports! manager. David Inealls. flew to involved in the fight, which took !"J.^'^ ' ^"^,;^" '^.^ ' ""/"
seriously ill in a hospital here to- Cmcmnati, after a speech here last place at a swuon 17 miles north ?L^. ' ' i'l Lh.
day followine a stroke Iniatot, of Piiiuin "*^ ***" vhich reads.
-^__ """• No sutas"

A. A. Milne
Has a Stroke

I 'Very Heavy', Says Toomey

for (he June primary totaled only
1055.

•ober SO is the last day for
v.-.-ung absentee votes on tlie mz^
chines and for applying for mail
ballots. Letters returning mail bal-
lots must be postmarlDed not later
than 9 p rr r*n Vovember 4 to be
counted

Absentee haJJot^ remain sealed
until NoArmhrr ?1, when the>^ will
be opened and counted br t-be reg-
; fetrar'8 staff.

City-wide registration for the No-
vember election is 431.959. aboit
20.000 under the record of 1&48.

In the 3«y Area, an all-time
hizh of 1.544.0fil voters, or «? per
cent of ttioae eiigiWe. are rerister^d.
according to a survey by th*- Rs<\
Area Council.

Throughout California, SJM300
^oters registered to set. a record.
Frank M. Jordan. Secretary of
Stiie, Mid. The nuxtOmr cHgfbte,

wa^ 7.128.9«0

The total number of registrants
was 936.303 greater than those rec-
jstcnng for the IMS November
election, and 1JM.M9 above the
1944 total

The new regi.^irations have cut
ihe lead of the Democrats over Re-
publicans in California by about
1 per cent. Jordan said. The Re-
publieam gained MSJ87 snd the
316jm.

The Index

llo.Tce Brier if

Churrh** j|

Comirs , , g

CroKKword 17

Drama g
Editorial: *"l«olationi«m': »

Bogu« IsKMe" in

Finance II, i?

H<»ro«rof»« It

IJthiv 1§

Radio and Television 4

Women's World .... 4

VlUi SUtlsUw 7

m

FlllflaD IN T)iK) SHCTTCKS

PJICE 1 SATURDAY. OCT 1R\1952 CCC^IAAP
THE SAN FRANCISCO CHRONICLE^

The Levering Act

State Supreme Court Rules
Loyalty Oath Is Constitutional

Byrd Won't
Back Either

Candidate I

f"^

Immigratic

Truman Accuses
Nazi Doctrines ir

D<6

0

Ootitinund from V%gr 1

nuimiR all Statf fitnploy^ftf io
rute a prescribed oat,h
tlplictty of naths and
wnuW not only
imon thp digmirv
mem. but would
of the effort tn
suitable personR
Kerviec *

Thf existientie
Art, Gibson said,
pentt oi BUthorin
tion? on thif

Thr demsion invalidating the Re
cents oath upheld a lower court or-|-^-;j

Ithif State durlnjr the pa.^rtvfive or
«.yp-Jsix ve»rR '

The cnnrtept the I * perMnfi fx-

WTNCHESTER. ^ a., Oct. 17 (ll.n>( gy t^f, Vvilrd P-rs.*
— Semtor Harry F. Byrd (Dem.J WASHINGTON. Oct. 17

Va.^ mj6 toniRht he "will not andfDwighi D. Eisenhower tod^-

, , , , tpospd Tn subversive artlvitv itns v he

riftclaration.sr . . . . . ;

pmmunizeG apajnst such expo; mi "e by T)

reflent aeriously jithe taking of • so-rallf-d T»n:i'altv

oT State employ- >oath open."- the ooor for va.«?i exriio-

make a travesty ration in the field of metaph«vt icaJ

Recure loyal and i regaarch. While this proce.sf is t^ak-

for Government ' infi: place, the loyalty of every puhlir

employee i? impupned, even tihoi^frh

of the LeverinR ^' ^*^ taken the osth prescribtsd by

deprived the Re-'^^*" Constitution and has obeyed it

to make rftRulB-ii-filWJ^'J'^l^

siibieci matter."

cAnnor endorae Democpnlir Preachy
idential nominee Adlai "E. Sieven-
son. bur he d)d not endmrae Dwipht

th» Republican

supporting;
voted for the

GOP Kational
E. Summerfieid
t.hst the Presidents
"the most vicious i
in the histoiy of Aitj: .

Other Republican

the candidacy
McCarran immi
Chairman Arthur

anRrily rei«rt*d i

statement

-.del

■• ^' .;S.'"

spokesmen 1

fier which held that the dismissed
^... , v'ere entitled not only to

reii. or iment but also to back pay
Irom the university .
LFVERING ACT

Thr P'-mcipal lievennp Art ^st
ease was brouphi bv Leonard T
Pnckman an associatr protessoT
Ran PranciRcr State College,
refused to 8i*m the oath. Others jj^
who tested the oath s constitution-
alif were

"There is no question of lo.vialty
invoUved In any ol these r^Ref^ tfCh far
as it appears from the rerordf be-
ns. Every employee here in>-
volved -was fully lnvestip:ar.ed and
there ia no suRgfestion of any con-*
duct emen bordermp on subwprsivei
Activity on the part of any of them^,_,
"Ther- merelr .soupht to stand onl;.
then comstituuonal nphts to take
T ;,hf one and on]y oath which
al Constiiaii;ion prescribed. On

whoi.stand ^ .

pledged

Eis*»n bower,
nomine*'

Byrd declared Stevenson has not
differed with the Truman program

m any resp<»ct. .joined m ; e Mr. Truman fori

"I w;ii not, and canmot, m «food accusing ;. f ^vOP of embiacinR!'
con8CJen<!e, endor.se tttr Nationali'anti - Semiusm. anti - Catholicism
Democraa-ic platform or the »-e\'en- 1 «tnd antiJoreipnism*" in 4t« j^tands
.son-Spartman ticket Endorsement 'ori immicrstion laws. t

mean.<j to recommend, and this I Eujre))f Meyer, board chairman;
cannoi do' Byrd said m a radio ^f ^^^ Washinpi^n Po.«it. issued a'
address jsta lament charpinp the President

He refused, however, to announ^^ ^^'^^'^ iry.np to -arouse rfiffs: and
that he Will join such Seatberners ^■f^i^P''«u.<^ prejudice. '• Mryer saio Eis-
as CTwernors James F. Bjrnws of ^^^<^^'f'-^ « * 'lifelong foe" of 'mas-
South Carolina. Allan Shivers of ^er race" doctrines. He called on^
and Roben F. Kennon of ^r- Truman t^ wi" his re-i

ByrtI

in endorsing
■Lid '"irumanism
Issue ' m the

ExBcnhower.

in the

the

U^j^ dommant i.ssue m the presiden

I utnqualififidlv iom them." ^"^^ eampa»pn. and t^at ht has been
pledged to fipht Trumianiam foi

• TtC instruc-
ar» assistant

prnfewor *i BF State. John Horo-,j^j^jjy_.j^p;Ysed ior^alty oath
witz, a teachei at San Francisco's ^^^ ^^^^^ ^^^^ ^^^^ ^^^^ ^of-

Edward L. H&n

J year*.
The two cases from Los Angelejd -Governor St^\'enson ha."; not re-
on which the court ruled yesterday* p,jcjia,teci eithei the T>ruman AC
the refusal <

Ruaeell A Fraaer. • wu "■"^; "^"were based on the refusal of Two^j^^nistration propram or the Pres.
tor: Herbert BLsnn an f^^^l^^^^^ ,c.oumx emiployeef there t^ sipn aiceni f claim that my program if

the De_nocrB.tic procnam'," Byro

.said
o:eies m-i.siLr was lepal when it wasj ...j ^^ ^^^ .^^. ,. ^.j^tcnhcm upon

me to urpe the people te "vote for
any candidate " he 8a>ci

Some Republicans believe Vir-
1 pinia represent? their best chance
to crack the traditionally Demo-
cratic "Solid South' this year.
Byrd's junior colleapue in the
""1 Senate, A Willip Robertaon and

CiTv Collepe, and

rhf^tt. fi probationary teachei at

thr Hipb School of Commerce

here.

In the controver.w over the
verinp Act. the Supreme Court
RFUed to d-cidr whethet m view
n^ an oatb ol - —•nee prescribed
by the State ntion

did not in fact impo.sr a

r was lepal when it
ena' ted but fttiai the local oath '
no loncrsr b? required

StPtr hR" no\r o' "^ " ""^

the requi ^m^ttit

plovees sh^Il t'^ke the LeverinR^

O:

iu- .iticiu' mncurrinp with Chiel^
the act j,^,st,(.f Gibson -"^re John W. Shenfc,
political Dnuclas L. EdTnoncl.-^. Rocer J. Tra

Le-
was

condition lot publu em-

tefit as a
plr«"ment

Tnr petitioners contended
thf State constitution bans the im-
position of any oaths otti* — ' the
pledpf nt Rllegiance ro
tne constitution itseli

that

•ri in

nor. B. Rey Sr'h'' 'ter and Homer R
Spence

The Couit s drrrjsion on the Lev
erinc i>ath presented Caliiornia vot
ers with a ciirioii.^ lecal situPMon. 4

Proporution f on thr ballot this H^^'^^"*^ ^^ ^^«^ ^'^^
Novembrr providef- for the inclusion 1

They also aaid the Levering Act, of the L«»verinc oath in the State

becau.s* it re- (.f,n.stitution. substitirtmp for the

wr

ma.rlc about the GO.^ ..date.

In Newark, N. J., Ei.=;enhom-er de-j
manded toniphi that the McCarranI

If _.. . _ ■ :• • .- •enl

the immie ration welfare of Ameria
and the pv hope*; of the un-i

^rp 8t.t4LCk on^
!-he Kepubiican presidential candi-
date and on the GOP pener-nlly for:i
Its immigration '•"■ons. wa* con-
itemed in an t wTitten for thej

mobilization conference of the Na-S
tional Jewi.sh Welfare Board. Thf \
'pT-*>viri»rit was camDBipnint in Nev. :>
E: and the speech was read^

for nim by Assistant Secretary <»i
State How' -^^ " -- - t.

The Chi*. - accused the

"preat majority of Republicans m

Congress" of supporung immipra-

tion polidw »ddin( r'^ '^ "the

Both are philosophy of racial awp* v de-

members of yeioped by the Naxis. wbich we

we had r* •^d i^hen we j

Democratic ^. van Gf.r.^v and liber- ,

h'.- ■;'e."

1 — Stevenson is urping repeal of Mr Truman saio Repubhcajis
the Taft-Hartley Act. who vot^d for the McCairan bill

X — Stevenson would foliou Presi- which Congress passed at the las:
dent Truman 8 lead on cl\'il nghtp session over his vet^. included Ser-

Virpinia Governor John S. BattJe

I have endorsed Ste^'enaooi
. penerally reparoed as
IByrdF political team
Byrd asaaiied the

is uncionstitutinnai

quires sicnnrs to list menibershtp. n,f,re Eeneral piedCF oJ Rl'epiance

orpanizations Rdvocatinc ^^^ reauired of State empiov»»es by ' lepiBlat>ion and would seek bot^ ator Richard M. Nixoo, GOP vice
ol the Government by ^he Constitution paaaape of a compulsory' lair em- p-esidentiaJ candidate, and sena-

If an v. in
o^'erth'^w

d*^

forer 01 violence By the Court rtilmt bowr'^. au ploymeni act and a measure to tors ^^^

On all these points the su-t.o- Lpyej-inp act is now iepa. even ' pap' Southern Senat,ors in oppo*- and
mir decision of the court ruled *^hnu"-h the Constitution seyfi. after ling ciwil rights legislation.
a'-'ainr,t the petitioners. (prescribinp an oath of allepiance, | »— No chance covild be '•

MMORITT "^lEW thr.t "no othe; oath dec.lfiration or in the event of another r

Gibson s opinion held, first, that test, shall be required a.c -a qualifi- Democrat«r victory when it
turi-verinp Ac. doe.v not impo.se ^:at.on for any office or public to -reckles. spennmp and

a pnliUCRl or relipiou?^ teat as a t-rust.' financing.

rottdition lor public employment

- r', the mti.jority decision

n;... -lied that the Leverinc oath
"does not compel disavowal of any
political beliets nr membership in
an' political parry."

Gibson':^ opinion on thi5 aspect of
th* cnnlrovers^' added:

"While it <the Leverinp outhi re-
ouires the r'^: • ' to swear that he
does not ac or belonp 10 any

party or organization wtuch advo-
r^tef overthrow of the Gnvemmeni
b^- force or violence nr other unlaw-

^ T -«.-

•*••■« <Rep-w <:
Rep-"V'> '
have beer **.'t

These men

"C by t he ;f^ < •
.,< for Pr-e.sio*'' ;.t .-i.-'
epublican cAndioj't.e for t.h» Pr^si-
»»ncy cannot escape j*
or hi» endorsements

; Rejoicing in Berkeley

UC Professors Hail

Court's Ruling

and ordened the nonaifrning

Bv CAROLYN ANSFACHEt

-phe -'■■ ' -"nrpTue Court j; rul-t.fes.'soj-s r«4nBtast«d

inc. ir' the tiniversity ofl|

CalilomiB s snecial lo.valty oath-
brought rejoicing 1? t night to all^carned
eight campusef ol 1 tie inntitution.jback to
but particularly to Berkeley in July Of I960, ajad

n^K^.s^ r\, v^vron^ r T'nim«.«t bv veatsrday's

pro- ITolman.
'Yaie:

vh«^ v>a, HAeri teaching

X

at^

The writ of mandate granted the Arthur Bray
profeasora by the Appelate Court feasor of «lucaUK>n.

.«

assistant pr^»j
now at Kansas!

applicalrie state College.

year

it IS assumed
Court de

Ktttoert

D

Of

OQffe>. 41.

I I

ail coufi s ivuiing

•v Carolyn ANSPACHER i*"** nrd«»ri»d thi» nnnsipninc T>rr>- [Tolmnn «'hrt hue hf«»»r fMrhinc »i

Ciinsnn =. opirunii on fhi,- Hspp<'< '^*' ^ -. ^

J,, prirt**ri: "v CAROLYN ANSPACHER i""** nrdiri'd th^ nnnsipninc T>rr>- jTolmnn

ir Lrvprinp oath> re- T'H^ Sfptp Siiprpnip Oourfu rnl-ife!*!«o>*R rwnBr.«r,#'d Yalf

quiiT^ thf affiant tn swear thai he '"C. invalidating the Univprslty «»q Thp writ of mandate pranr^ri thp Arthur Bra yf'Hd. 3«, a.sRist.ant pro.
does not advnrat.p or hrlnnc tn anv California'.^ ?;ni»rial loyalty Of- ' - -*-^sorR hv thr Appelate Oonrl fpj.,^^,. „r ^dnraMon now at Kansas
partv ni organization vhirh arivo- broij2hL rejoicing Ifi t night to ;..

..■n

rpinatfttempnt applinablp 55t,ar# Colif>(r»

•f, fi,

of p*

41 assr
ry^y nom

thP >>rpranp Artminljsrrat.ion.

PRtPf, overthrow of thp Onvcrnmpnt "iffht rampuspR of thp inst.ittiMon.ihaok to the aradPmic ypar starting ^ ^^
by force or violencp or ot.hPi tinlaw- but particularly fo Bprkpley in .Tuly of IflSO. and It la assnmpd ^

fnl means, thpsp ma\ not proppil\ Thprp. Dr Kdwarri C. Tolman. hv ypsturday'R Supreme Court de-
be rallPri matters of political opin- professor of psvchoJogy and spokes -,rision that the nonsigners will
inr, 'Tiwn for the 17 non-aipning aca-- receive salaries retroactive t^ that I^fnard A Doyle. SR. a.ssistant

"ThP word •political' imports or-'fl''niifi«nR. jastjeri a stjttjfmont «x-:da.te. with accrued henefitR. j professor of accounting, nom- In pil-

derl>- conduct of ffovernmeni not Jirpsaiun '•ficlighr at the victory; The nonsigninc profea.sorR most j^*'* buRine.vs

revolution, and thp term i.<; not ap- upholding the lacult.\ memherR ... of whom are affiliat.ed wnh niherl Ludwig P^Plat^in. 4fl. professor of
plicablF tn advocacy of a belief in who elected to .stand firmly against universities or have found poai-j^'*''*''^- ^^^ *^ Johns Hopkins Unl-
the overthrow of the Government imposition of .special and discrim-tions in privar.e industry, have been ^'*'^''^"'

by force or violence." inatory so-called 'loyalty declara- repre.spntPd sincp the onset of the Kdwin Fu.s.sp11. 2fl ajwi.<;i^, i pm-

tions.' ca,se by Stanley Weigel. San Fran-/'''''"*'* ^^ Enrlish. now at Tomont

"In vindicating the non-signing Cisco attorney. Collegre..

A?^ to thf duplication of oath.^ be-
tween thp constitution and the

Margaret Hodgen, «1, a,ssistanl

Ijevermg Act the Court said: profesaors. thp decision bm well It la not yet known how many

"We are .satisfied that there jr vindicRtP.v then facultv colleagueK will rpturn t-o the Univprsity of P'*'^^'"''-''"' '^^ ^'^''^•'^R^ • ^'^^^ "^^ "^
nothing in the Lpvering oath which ^^'^ «« atPa.dfaativ supported them Oalifornia .a rpspaich fpllnw at thp T-

jToes beyond the ob.ieci oi mpaning ^"'•aJIv and financially, thoae mem- FTTNDS RAISED [ton l.tbrarx

of <the State constitution" and it ""''"k °^ ^^e Repents of the Univers- Since the loyalty oath eontro- Krneat Kantorowic?., f»fi, professor
is not the type of 'other oath, dec- 'ty who foiiphi for them, and the versy first broke upon the uni-'f^^ history, nom at the Princet/)n In-
laration or t.esi which wa.s in-'di.stinpui.shen alumm who stood by vpraity in Juh of IMfl 'it was not •st*^"'^' f»f Advanced Studies
tended tn be prohibited bv (the their side." Professor Tolman said made a condition of employment; Harold W. Lewis. 2R, a.ssistant
r.onstitutioni. . . "We believe the decision aupura until April 21, 1960* many members profeR.sor of phy.sics. now with Ra-

"A person ohvioiislv cannot be well and happilv for an end to the of the faculty have been contrib- '^'f Corporation of America
loyal to a Government and at the controveisy which ar .sorely tried uting a percentape of thpir .salarips Hans I.pwy. 47. professor of ma the-
same time advocate its violent and the university we love. t.o support Lhv»ir non.sipning col- ma tics, now at Hansard

unlawful overthrow **Untll It is known whether or leagues who were without work J«cob Loewenberg 6fl, profefisorj

"B^ the same token, unexplainea not the Repents may appeal to a Contribution^ to this fund, as well f'f philo.sophv, who rear.hed the re

membership in an organization hipher court, and pending word as to the sum collected to fiffht^rement ape last July 1. and i.s now i

known by a publir employee to ad> from manv of the professors who the oath, have flowed in from^feaching at Wellj^ Collepe. Aurora.]

vocate such doctrines indicateit that have been called tx) teaching col lepes all over the world.

IN.Y.

he has interest.^^ which are in con -posts ai other leading universities Throuphout the course of the bit- Charles Muscatine. 31, a.ssistant
sistent with hi.^ pledge of loyaltyjihrouphout the United States, we t.er dispute, that virtuallv placed professor of Enclish now at Wes-
and faithful performance of dutyican make no statement regarding; the University of California on an ley an Collepe, Middletown. Conn
and the lepislature by requiring this the position on the Levering Actjacademic black list, it was empha- John M. O'Gorman, Sfi. a.ssistant
oath has, in effect, found that such oath That State law was not In- sized by the widely split Board of profe.ssor of ph.vsics. now with the

membership i.* incompatible with volved in our case,
loyalty. REGENTS' VIEWS

Repents and faculty alike that the Nr •■'>-•
nonsipnirip professors were not ac- ^

Bureau of Standards in
ion, D. C

"A penson s a.ssociates. a.« well as Tolman's pleasure was echoed byicused of CommunLst affiliations or' Stefan Peters. 42. a.ssistant pro-
his conduct, are relevant factors in many of the Repenw who led a .sympathies, bui were being dmci- feB.sor of insurance, now with %
determining fitness aiir loyalty, and three-year battle apam-si iniposi- plined for "in.suhordination." wi;. ^ .. - - — - New York,

the State under its police power tion of a special loyaltv deciara- THE SEVENTEEN ! j . . .person, 30, as.si.sLant

may properl^' limit a person's free- tion on UC faculty members and' The oripinal action apainst the professor of Enplish. now at Con-
dom of choice between membership nonacademir employees. Repents was brcupht In the name necticut Collepe for Women.
!r, such orpanization.^ and emntov- r^^^ ^oard It.self. bv a vote of 12 of ]« nonsipning prolewors One. Pauline Sperrv, fifi. professor of

to 8. jettisoned the Regent.«: oath Dr. Edward H. Schaler, 87, profes- maihemaiics. who reached the re-

ment in the school system "

Carter ,« di.s.senting opinion wa.-^ a

. , w IB M ^^ October of 1951 and reaffirmed sor of Oriental lanpuapes, vielded'tiremeni ape last Julr 1, and is now

«narpiy-wordea_ l«-pape documeni.iit^ position the following monthJto -economic pressures' and .signed living in Berkelev.

He insisted the Levering Act was, a,x month,- before the Thirr Dis- both the RepentF' declaration anc Gian Carlo Wick. 42 professor of
U^ direct violation tn tne statei^nrt Court of Appeal m Sacra- the Levermg oath. phvsics. now with Carne- - '-.stl-

Constilution because the Constitu-
tion specifically .setj^ it.^ pledpe of
allegiance as the onlv test of an
employees loyalty, and bars othet '
oatn-

"The majority of thi."; Court, by
It^ decisions m the.se case.s, i.« fore-
saking its sworn duty to support the
Constitution of the State of Cali-
tornia. and iias abdicated its power
tor the sake of expedience, to up-
hold an act which invades the con-
stitutional puarantpe.«^ of civil lib-
ertie.t of tho,se affected bv its man-
dates

"The only word of commendation
Which I car speak for the opinions
of the court m these cases ].<; that
they bring mto sharp focus tlie loy-
ulty oath hysteria which has per-
vaded this country and particularly

Thp San Francisco Chronicle

Publunec «veri momint o' rrm yeai

Flttti ftnr Mission Btr<>«U

Sar PrancUco in Calir

BwWWU •; Bcconc Clas^ MatU>i Nn
♦rmbP' 24 1S79 ai thf Po«i Office tn
•ai FranciRCf Calltomu, under the Act '
r March S 1S7£

fimslr Dall^ issu< Ifl eenu

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17 UC Professors
Ordered Reinstated

But They Must Sign General
Oath; Levering Law Found
Constitutional in 6-7 Decision

" :5AVID PERLMAN

'jqThc Stale Supreme Court outlawed the University of

Calif^'""'^^ special loyalty oath yesterday, but upheld the

consf»,Jt»J^'0"3l'^y of the Levering Act. which imposes a loy-

,ji^ alty oled«;e on all State, county and city employees.

j'up in thf pa.5i we«k. Thp fvicieno / f^^ court o-dered the UC regents to reinstate 17 faculty

jhe said, has been taken to thp lat mem^^^'^ ^■^'*<^ ^^^ been summarily dismissed when they

'oratories of thp Slate Bureau c refuse^ to ^\zr\ the university oath, but the jud^^es also ruled

^mTgTuon.^'*'"''^''^''"" """^ ^" that' t he 17 must sign the Levering oath if they want their

AjfentP of the bureau are sched Th*> Curt, held speriiicallv that LI _ TS | - •

New Penalties

'' Wjieohoio

drawing shows how the me-
0 detour blood around the left
n's heart so that surgery could

uled to return here tomorrow withyc Vnployee . inrludin? jRcuU.x
the rpsultR of their tests. members, fjp subject, to the ]>vr -

SASH CORD. PIPE 'inc

AmonR the pieces of evidence P'
beinR tested are
cord, sections of i

hoe."

•>'U' of L*,,,

;cpR of evidence P I V^' '" '

piere..^ of sast The Courts

iron pipe and ^ene.. oi e

shoe.* t; »^

pnd mu.st take th** o :l
i ti in Ihnl act.

ruling came in a

•vision-, each of

.a'o npill.nn »i)r!

Cdmond Blair. 3V

Blair, who hns been i^Hlled "ox'^ Uf^^^l^s\.

ent case nn^i^ivfd >ti ihp iouR coa

i hottest suspect" bv locpl
jgators. 1,« being held in jail it

For Speeding
On Bay Span

* v^niiorm «nd heavier pun-
jishment for those caugbt
I speeding on the San Fr*n-

THE SPECIAL OATH

on the legaUry of the gpecmf|Ci»co-v^.K...... — ^^^.^»^, - --

^ll^L^I^^J^^ ,.r^ pjn-.>Jdecided upon yesterday m *

/.cinco-Oakland Bay Bridge wa«

I

•NSItT

AITIRUl ILOO*
TO tO^T

OITA

I AmonR the pieces of
IbeiriR tested are pieces
[cord, sections of iron
I pair pf, rm>ber-sole<! shoes

rawing 5hows how the me-

o detour blood around fhe left

n s heart so that surgery could

d flowed through the n-.echani-

pumped back into the body.

art Is By.Passed
^es— He Lives

A successful mechanical heart for
day.

mazing: little machine pumped a

. _, . take)

yesterday from the home of Lnir
Edmond Blair. 3V.
i Blair, who has been (Hlled "of
hottest suspect" by Iocs I invest-
igators, is being held in jail in Rent
jThe fact that he once threatenef
I the life of Young in a dispute ove
water rights has intensified feel-^
[against him here.

District Attorney Bertram
said that Blair made the
in ft bar. Blair

Ordered Reinstated

But They Must Sign General
Oath; Levering Law Found
Constitutional in 6/ Decision

|y_^AVID PERLMAN

fhe State Supreme Court outlawed the University of
jCali^rnia's special loyalty oath yesterday, but upheld the
consVtutionality of the Levering^ Act. which imposes a loy-
alty hled<:e on all State, county and city employees.

^The court o-dered the UC regents to reinstate 17 faculty
members who had been summarily dismissed when they
refufAd to 'i-jn the university oath, but the juds^es also rulerl
that tlbe 17 must sien the Levering: oath if they want their

New Penalties
For Speeding
On Bay Span

up in the pa.si **eek. The evideno

he said, has been taken to the laU
I oratories of the State Bureau c
I Criminal Identification and In

vestigation.

Agents of the bureau are srhed- ^^^^ii, J' /*"■,.,

uied to return here tomorrow withtjp

the results of their te.sts ._», .. • ., t

„.„ " ^^'^^^' imernUk'-s. ftie subject to the Lever-

SASH CORD, PIPE

IipUI .specilically that
mployee . inrludin.? iacuUy

the oath

ine Mf ''"^ must take
evidence P''^'=f'riVf'' •" <br.t act,
of .sasi The \ourts ruling came in a i
pipe and series A Piaht deci.«;ion>. each of
which b*** a separate opinion, and^

*.arh K wfV^;> -"Wn«d a differ-^ Uniform and heavier pun-

M cAse iinw©lved m the long con-i. , , , ^ ,

u-oKfv^y. jishment for those caught

THE SPeciAL OATH Speeding: on the San Fran-

On the legality of the gpecialj^i'^^o-OaWland Bay Bridge was

oath imposed by the UC Regents |decided upon yesterday in a

on all faculty member.^ and em-
, loyee.s on eight campu.se.s in 1949,
Lhil^ Court s deci.sion was unanimous.
The regents, .said the court's sev-
en Justices, had no right to order

•Janef 1

tiu-eat

X" • um. oiair was quoted as My. ;" "——
ing of Young, whose grocery is nextl^^* ^^"^^^
door to Blair's theater, -rm toir^ *^" ^^* Levering Act. the deci-

to kill

)er 4»#

ed.
ree
ra-

iSi

^X hether you prefer nki-
• 11^ in th«» Alp» or <ele.
hratin^ < h rJKt ni an in
Scandinavia, your Minlpr
vacation plan)( Mon't b^
«omple|p until yon nf^e
the lnlei*national Travel
Guide mUU Sunday's
(Chronicle.

Tim special section will
hrin^ you colorful Morien
Bntl helpful information
to make your vacation a
AUccrftA. \latch for it
Mith The Chronicle. ..

Tomorrow

the dirty .son of a
Janes .said that the murd
Young and the three chi „_
seemed to have been motivatod b
robbery, since Young was caifykj;
the large amount of currency
ca.sh pay checks in his gra«i
Janes .said, however, that hf> \
I not overlooking revenge as a
sible sub.sidiarj' motive.
i QUARREL OVER WATER
j Blair and Young had quar
bitterly over the water rights
their adjoining property. Y(^0)|
controlled the water, and Blai
wanted more of it for hi« theater
I The District Attorney al.so said'
that te.sts would be made ton^hi
comparing the tires on Blair's . uU)-
'mobile and tire track,* found on atf
old logging road, where the mar*
jders were committed.
' Feeling in this little mon laiii
and lumber town Is bitter agagmt
Blair, even though local auth«iij
ties have not turned up .Mif#i-
cient evidence to lodge a muitkat:
complaint again.-^t him.
j On the other hand, .sympathy foi
jMrs. Young i.*; taking a practica
turn. Man.Y local residents, no
regular customers of the Yovwij
store, have been patronizing it x«
cently and telling the cletk*: "W«
want to buy here for a while to
help our."
Mrs, X^iinn- »-"^ t^nAnt- ixut^ ''

Vis,. Vi-

sion vas SIX to one. Justice Jesse

W, C»rter maintained, in a dis.sent|

pcmfix Chief Justice Phil S. Gib-j

son'5 majority opinion, that the
j Levering loyalty oath was uncon-j
'stit itional. I

I Carter al.so di.sa greed with the

othei judges when they made sign-
img of the Levering oath a condi-;
'tier tor the reinst^itement of the 17

UC profes.«;or«. j

j Wayne Collins who argued thej
.Lerering act cases before the Su-

le Court Iwrt year naid yest^-): n^l^-an-hotir limit, up to

day he would petition for a rehear-
inf and would also ask the United
Stale Supreme Court to review the

• deei<^ions.

The court in its decisions ye.ster-

liday also upheld sections of a Los
Angples county ordinance that
pf*\ ides a .separate loyalty oath
faC county employees.

GIBSON'S OPINION

J . Gih.son in his opinion that wrote
.an end to the three-yeai contro-
jVersv over the UC loyaltv oath,
-.aak.:

j^ 'The loyalty of State employees
.lis not a matter as to which there

,mtv be reasonably different stand-
jart* and different tests, but is
without doubt a subject requiring

uni;orm treatment throughout the
..SUte.

"T^he Legislature has enacted s

sei "ral and detailed scheme re-

Continued on Page 2, Col. 1

nference between San Fran-

,sco Traffic Judge Charles S.

eeiy and Oakland Traffic Judgf

omer W. Buckley.

The conference was called at the

que.st of Judge Buckley to equalize
enalties in Oakland and San FYan-
isco in conjunction with the State

ighway Patrol'.s crackdown on
peeding over the Bay span.

At the meeting, held in Judge

ery's chambers and attended by

atrol Captain John Shaffer, head

f the bridge detail, and Patrolman

aiold Norton, who repre.sent.^ the

etail in the Oakland Municipal

•ourt. it was decided:

1— To fine speeders $1 per mile
or all speed.*; in excess of the 40-

65 miles
n hour.

2— For speeds in excess of 65
iles an hour, to impose a mini-
um jail .sentence of five days, in
dition to a heavy fine.

3— For speeds of 55 miles an hour
r over, to suspend the licen.ses of
lolators for at lea.st 30 days, in
ddition to imposing fine,«.

jQdge Peery .said the jail and li-
:en.«;e suspension provisions decided
jpon were heavier penalties than
ie has impo.sed generally in the
>ast .

The meeting came as a result of
lecent increa.se in fatal accidents

the bridge, most of them Involv-
g speeduig. Accidents have

imed 220 lives since the bridge's
mpietion in 1936.

afts Observe
38th Anniyersary

HASTINGS. Neb.. Oct. 17 iUP.)~-
I ten a tor Robert A. Taft abandoned
le campaign trail today to cele-
Iratp his 38th wedding anniversary
witn his wife. Martha.
Ti^lt and his former campaign
lanager. David Ingalls. flew t/»
Inrinnati, after a .speech here lo^t
t.

^Quentin Cons'
Case Goes to Jury

j A jury of six men and six women
IbejrRiv 'deliberations in the murder

llai

PII«ED IN TWO SECTIONS

I

fXCI 2 SATD^iDAY. OCT. ,18. 1952 ^ CCOCAA
THE SAN FRANCISCO CHRONICLE

S

9m

(

Text of Loyalty ^Oath ^
Required by Leyering\Act

Here is the text of the Lever-\ot the. Government of the United 1
ing Act oath, required of r?ii! states or of the State of California f*^
State, county and viunicipalem-l^^ ,^.^^ ^, violence or other un-^^'
ployees in California: lawful means; that within the fiveM

"I, . do solemnly swear, years immediately preceding theh

for affirm) that I will support and 'taking of thi* oath (or affirma-

defend the Constitution of the
United States and the Constitution

tion» I have not been a member
of wny party or organizatison. pmli-

of the State of California against tical or otherwise, that advocated
all enemies, foreign and domestic; the mverthrow of the Government
that I will bear true faith and al- of the United States or of the
legiance to the Constitution of the State of California by force or vio-
United States and the Constitution [lence or other unlawful means ex-

of the State of California; that Ijcept as follows: (Ef no.,

take this obligation freely, with- 'affiliations, write in the words "No
out any mental reservation or pur- Exceptions*) and that during such
pose of evasion; and that I wilFtime as I hold the office of -

I.J
I
f
1
I

well and faithfully discharge thell will not advocate nor become af*
duties upon which I am about to ^.Tlember of any party or organi?;a-
enter, ition. poliitical or otherwise. Us'at

"And I do further swear «or af-iadvocates the overthrow of the
fhm» that T do not advocate. norrOovernment of the United States or
am I a member of any party oriof the State of California by forcej
organization, political or otherwise, ||or violence or other unlawfulij
that now advocates the overthrow |means."

The Levering Act

State Supreme Court Rules
Loyalty Oath Is Constitutional

C4»ntinuer( from Pa%^ I

OUiring all Stat* em >loyr<»R to exe-
cute a prescrfwyti 'inlh . . . » mu\-

nirs'tib^r-hio !« Inr')mp'"fihl«» Tn»ifh

loTflt:-.

"A p^'-.'Ons as-^ooiates. ,%£ Tiel) as

his condj}c».. »re relevant f^rfors'n'
tiplicity of oaths and ^^clarations ^c.^,.^i„i,,^ ,.^^^,, ^^^^ j^^^,^^.^ ^^^

would nol only reflnct .seriously th' F\. r^- nn^'^r if? police powe»^
upon the d'^niiy of St-;e employ- "■>«>'' piopeil- jim.t a person's free-
ment. but would mak** a travesty com of choic^ b'- 7/rc^n mombei-hip
of the effort to secure loyal and '" i^nch oresii-iv-t'ons and employ-
suitable persons for Governm^'nt mpnt in the sch'^ol .system."

service.

The existence of the L^verinp
Act. Gibscn said, "deprived the Re-
gents of authority to make regula-
tions on this sub.jr^ct m?.;,;-er."

The decision inval;d?,ting the Re-
gents" oath upheld a lower court or-

ipi's d= •-".n.

opinion w^s a

r

hr^f-ply-v-orf^er'. H-o^je document. 8
He insisted th« I'a ^rint: Act was'^
in direct violation '-^ the Fift*
Constitution b»caii - th» Con.-tltu- "^
lion sp'»rifirally sei-> It.^ pl«d2e of!
sllepiance as the only trst of an '
der which held that the dismissed emr)lo.\«p.»s loyalty, and b?rs other
professors were entitled not only to oath". <

reinststemrnt but also to bPtk pay "The majority of this Court, by
from the unirer.sity. its decisions in these cases, is fore-!

LFVERING ACT saking its sworn duty to ."support the^i

The principal Levering act test Constitution of th*' Stsf of C«li-
ease was broui;ht bv Leonard T ,"''"'^- ®'"'^^, '^«-' abdicned its power
Pockman. f n as.ociaLe professor at ^^'J^'' •''*"* fj^ ^xpediency to,^^
Stn Francisco State College, who
retu£f!d to .sign the oath. Others
who te,?ted the oaths constitution-
ality were:

Russ«ll A. Fvaser. a UC inifur-
lor; HerbertB: no. an a.ss'Stint
pi uMMM "WV V^. BtJite. John Horo-
witz, a teacher at San Francisco s
City Collete. and Edward L. Han-
ch»tt. * probationary te»rher j»t
th* Wlfh School of Comiiwrcf
here.

In the rontroverav over th« IM* \^ ;» -i^ *•
verw Act. the Supreme Court i^sc?r,'"ntf'''"' •'"' Univ^.^it.
Mked to decide whether, m view'f^^ "'r '^''^V '^ '''''" ,^- —

of an oath of alle- ance pre^ortbed'^i'T, '-*' ' '''""•"'^ *' ^ "'^»^' »<> -jWritd
by the St?.te constitution, the ftct
did rot in fact impos. n nolrtlr».l '"-•;..'H!.'"''!1?"L'" '^^''^ic- ui Jul.v of 1950

hold ?»n act which invades th^ ^f.n-
.stitutional guarantee': of civ
erties of those affected by its

dPte.«.

m

h

5 n-j

\

Rejoicing in Be^-keey

^C P^^fe^s Hail Court

nonsljrning pro-

•v CAROLYN ANSPAC'^£R and ordered the

7hf« St t^ Supreme Court, rul-ftssor reinstated.

o) The writ of mandate granted the
o»th|prorM4ors by the Appelate Court
reinstatement applicable
c-mpu.^es of th# ir-titution.back -> the academic year starting
nolrticH ''"i; "^'■f'cularlv to B-rk^f^,. j,^ j^^,. „f ,950. and it is as.sumed

test as a condition for puhitr>n,^ j There. Dr. ^werd »; a|i|m«n.W yesterdays Supreme Court de-
plo'-menr. P'*'^-"'"'' "[^PSVrhology^nd spokai-'islon that the nonsigners will

The petitioners cont,entleri that i'!,!f^ ^^ non -signing a«a- ^ceive salaries retroactive \<) that

the State con^.tution bans the Im- Ip^'i,? '*'''■.. J^?*? " statement ^x-:.^te. wiih accrued benefits,
position of any oaths other than the t.ljf^ ,.^ dHi^ht at the victory Tht non.signing professors, most
pledge of allegance contain^ in lEi , 5 _ ^'^culty members . .. tf wtiom are affiliat«d with other

Ruling

[Tolman. who ha.s been tearhini at

'Yale:

Arthur Brayfield. S«. assistant pro-
fessor of education, now at Kan.sas
State College.

j Hubert 8. Coffey. 41. a.^sistant
iprofes.sor of psychology, now with
[the Veteran* Administration.

Leonard A. Doyle. I^fi. assistant
profe.s.sor of accounting, now in pri-
vate business.

Ludwig: F.delstein. 4fl. profe8.sor of

0

Pi
t\
as

rei
ne<

I

Wf

bt
th.
ter
of
no
1
tee
pai
Ma
ha'
hot.

,,i .,.. fifnn, in sfcur^ loyal and '" ^''t h nv^^rvrfons and employ
RUitftblf ppTSonn for Government '"'•/^t In the school syr,tf»m."
nervice."

\
J

The exi aenre of the L«»venns
Act, Gibscn said, deprived the Re-
jtents of auMiontv to make regula-
tions on this subject mp.LLcr."

The derision lnvalld?.ting the Ro-
gents" oath upheld a lower court or-

C^r\ei'% d'-«rn. !">: opinion wa*; a
boi-ply-worder'. IS-o^je document,!*

He in<ii.-;Led th^ I'h ^rint Act was!'
in direct violation "^ the «?te|
Constitution h«cau ' th» Con.-titu-'n (
tioii ap^rifi-^ally set-, tt.s pUdse of I
al)ejr:aBce as the only r^st of an It'

der which held that the dismissed emnlo.^ipps loyalty, and b?r» other
professors were entitled not only to oath-,
rein.ststement bun al.-^o to hsrk pay

from the imi' er.''ity.

LFVERING ACT

The p'-.ncipal LpverinE act te.st
rase was brouRht by Leonard T
Pockman, pn asociale professor at
Sfn Francis'^,0 Si ate CoUcgf. who
relusnd to .sign the oath. Others
who tested the oath's con.stitution-
ality were:

Russ«ll A. F'flST a nr in^truc
lov; Herbert B: . <*u
proicswr at S.T. St,!=.te, Joh
witz, a teacher al San Francisco's
City College, and Edward L. Han-
ch»tt, * probAtionan* teacher aX
th* W^^h Srhool of ComqAerct
here.

In the contro'.ersy over the Le-

"The majority of this Court. by»
its decisions in these ca.sr,<:. is fore-
.salanR its sworn duty to support th«
Con.'^titution of the Rt?(te of Cj^li-j
ornia. a.iid ha.s abdicated its power
for the sake of expediency toiyji
hold ?n act which invades tiv ^.j,.
st'tiitioMal EuRrantees of civ.) \:^
ertie.s of tho.«;e affected by its m»n-
oPtef. '

in<;truc- r\ ' ' • D ; i '

a«s.si^nt Ke oicinq in oe^rkepv

in Horo- '■■ ^ , Z^/.

UC Professors Hail Court's Ruling

0

Pi

e\

as
rei
ne>

bt

br

a pol'
puhiir em-

the St?.te constitution,
did rot in farr impo.s*
test as a condition for
ploymenr.

The petitionrrs contended that
the State constitution ban.s th» im
position or any oaths other than the
pledge of allegance contsinM in / w ,
the constitution itself ,J^"^ elected to .stand firmly against

They also said the Levering Ai'^^P^^^'tion of special and di.scrim

because ^

iv CAROLYN A^^SPAC'^£R fcnd odered the nonsigning pro- iTolman. who has been teaching at

The St'^te .Supreme Court, rul.feggor..^ reinstated. Yale:

nt. invalidf.ting the Univ?-5ity oi The writ of mandate granted the^ Arthur Brayfield. M. a.s,«i.stant pro- "^J

oathiprofes-^ors by the Appelate Court 'fpjjgor of education, now at Kan.sas
reinstatement appUcablc'gtate College.

Hubert S. Coffey. 41. assistant

vermg Act. the Supreme Court was /^ "i" * ^ • . i li.

asV-ed to d.c.de whether, m vTew f'^'T'' '• ""'""'' . ' ' "^'"1

of an oath of aile-ance ore-orihed^ '^^ r«'Joicmg bt mah, to altcairied

tu- ..«♦ *'^*^^' ''=^'"PU'^'*s "f ^'1* ir ritution.back to the academic year .starting

T,ne »CT t,„^_ p?rticularl" to Brrlw^ev

?^

There. Di

rotes^or of psychology^nd spokaa-rislon that the nonsigners will
nan for the 17 non-.signing aea- «ceive .salaries retroactive t<j that

. issued a statement •x-ii>,te, with accrued benefits.

ressing "delight at the victory! Th« nonsigning professors, most

pholding the faculty members . . . »f whom are affiliated with other

miversities or have found poai-

x July of 1950, and it is '^'!sumed|p^^fg,j.^j. ^/ psychology, now with

^werd ^ -T^man.ipjr yesterdays Supreme Court de-l^j^^ veterans Administration.

ter

of

no

i 1
tee

la unconstitutional

quires signers to list memberriUni! "?m'" ' •

'^'^'V** Drt>fessors

inatory so-called 'loyalty* dedam-

dicating the non-.signlng

:ion« in private industry, have been
repre.'^ented since the onset of the
&M» bv Stanley Weigel, San Fran-

pomts the six-to
of the court ruled

Leonard A. Doyle, 38. a.ssistant] pai
profe.s.sor of accounting, now in pri- Ma
vate bu.siness. I ha'

Ludwig Edelstein. 4fl. profes.«or of hoi
Greek, now at Johns Hopkins Uni-anr
versity. i ~r~

Edwin Fus.sell. 29. a.ssistant pro-|
fessor of English, now at Pomona I
! College.

Margaret

Hodgen. <5]. a.ssistant

if any, in organizations advortttnil '" vmmrHung rne non-.sjgnlng ciaco attorney

overthrow of the Government vj P'^'^^ss^"* ^^* deci.sion as well; u is not yet known how many , • , u w w

force or violence -^vindicates their faculty coIleas?ues will return to the University of 'P^'o'^^^^o'" <*f *^^®l®fi^' ^"'^ '^** »»**"

On all these points the .i».t«. I '^^^^^ •'^ steadfastly supported thwn fcalifornia .'* research fellow at the Hunting-

♦»ne decision

against the petitioners

MAJORITY VIEW

Gibsons opinion held, first, that
the Levering Act does not imooee

morally and financially, those mem-
|berR of the Regents of the Univers-
ity who fought for them, and the
distinguished alumni who stood by
their .side." Profe.ssor Tolman said.

aitgurs

ton Library.

Ernest Kantorowicz,.

.S6. professor

,1- jof history, now at the Princeton In-

«/sHH«-i -. .1^ \ "^* believe the decision

fondiUon ,„r„,:'M *^''"' ,""' ". ^ '•" ""« happily for ,n ,nd t« the

llr- ¥ T^»-"--^^^ """^ .H«.,1«„,. p_...o, .,.»...«

maintained that the Leverina dtthi" ♦•n^fn <» ^ u ^ ^ n

* '^''"l Until it i« known whether orllfcagties

"does not compel disavowal of •nvl^-.* *u -r. \

pohtical belief, or membershiJ^n wl^ T'* T' ^S''*"' '^ '
tnv political partv •• ''^ •^"'»» ^"(Wther court and pending wordj

Gibsons opinion on thi., a.s.e^ a,':^ ""^ ^^Je", "^''Ta^i:^:'
thecontroversy added: i^, ,, ,,j,,, leading universSS

•While It (the Levering oath> re- f throughout the United Stais w^
qu.res the affiant to swear that h*,ean make no statement reglr^
does not advocate or belong to tnji the po.siUon on the Leverm/ Acf
party or organization which advo-lio.th. That State law was nm t?
cates overthrow of the Govern mentJvoivM in our case '
by force or violence or other unlaw-lngr.ENTS

rUND!« RAISED

JWnce the loyalty oath contro
'•rsy first broke upon the un
^ 'trrttv in July of 1949 (it was not stitute of Advanced Studies.
«WMle a condition of employment i Harold W. Lewus, 28. asaistant
t ntil April 21. 1950) many members 'profes.sor of physics, now with Ra-
fl|f the faculty have been con trib- Idio Corporation of America.

Hans Lewy. 47. professor of mathe-
d support thieir nonsigning col- 'f"atics, now at Harvard.

who were without work.! Jscoh Loewenberg. 89. professor

VIEWS .. |,i

Tolman s pleasure was echoed lr
mary of the Regenta who led alt
■hree-year battle against impo^-jfj
ion of a special loyalty decUra-
tion on UC faculty members a«l
nonacademic employees.

overthrow of the Governr.ent|to'?* je^tilonlflh ^'p^ T- "' 'i
^» I"** •, .lettisoned the Regent.s oath

in October of 1951 and reaffirmed

lU position the following month.

Six months before the Third Dis-

'tric. Court of Appeal in Sacra -

me ito held the oath to be invalid

ful means, these may not properly
be called matters of political opin
ion.

"The word 'pohtical* import-, ar
derly conduct of government, not
revolution, and the term is not ap
Plicable to advocacy of a belief in
the
by force or violence.

As to the duplication of oaih"^ be
tween the constitution and th
Levering Act, the Court said

"We are .satisfied that the:
nothing in the Levering oath w lici
goes beyond the object or mea
of (the State constitution) ar t it
Is not the typ>e of 'other oftth. ci«c
laration or test* which was In-
tended to be prohibited by (the
conatitution). . . '""

"A person obviously cannot be
toyal to a Government and at the
same time advocate its violent and
unlawful overthrow.

"By the same token, unexplained
membership in an organizaionj
known by a public employee to ad*
vocate such doctrines indicates that
he has interests which are inc«i»
distent with his pledge of loyalty
*nd faithful performance of duty
and the legislature by retjuiring this
oath has, in effect, found that such

"n** San Franc(«r<» ^*^' -'•-

>ntnbutions to this f\md. as well of philo.sophy. who reached the re-
to the aum collected to fight jtirement age last July 1. and is now
the oath, have flowed in from teaching at Wells College, Aurora.
»ges all over the world. 'N. Y.

Throughout the course of the bit- i Charles Mu.scatine, 31. a.s.si.stant
»r , dispute, that virtually placed professor of English, now at Wes-
Unlver.sity of California on an'leyan College, Middletown. Conn.
lemic black list, it was empha-' John M. O'Oorman. 38. assistant
by the widely split Board of i professor of physics, now with the
►nts and faculty alike that the National Bureau of Standards in
signing professors were not ac-, Washington. D. C.
td of Communist affiliations or: Stefan Peter.s. 42. a.ssist.ant pro-
Ipathie.*:, but were being disci-' fe«.sor of insurance, , now wlrh a
led for "insubordination." busine.ss firm in New York.

SEVENTEEN

Brewster Rogerson, 30. a.ssistant

^e original action against the profe.ssor of English, now at Con-
»nts was brought in the nameinecticut College for Women.

M nonsigning professors. One,
, Idward H. Schafer, 87, profes-

/!

Pauline Sperry, 86. professor of
mathematics, who reached the re-
•f Oriental languages, yielded Uirement age last July 1, and is now
•*«Conomic pressures" and signed hving in Berkeley,
'the Regenta' declaration and! Gian Carlo Wick, 42. professor of
Levering oath. ph.ysics. now with Carnegie Insti-

Tht 17 are. in addition to Dr.'tute of Technology in Pittsburgh.

i

Regents

■ ye ordered yeli"* University
, "on-Signing Jova„v ^^ '» ""y 2a

P^y or to co*-iP i. •^^^•33 m back

. made. "^ "° Payment shouJd b^

' Tlie order
Jj'ternative wn't" o^„ '"^ >" =n
^onfed down by »"'"""«"'■ was

The profesors •,«, ^"""""^nto.
^laims for b"" "«« i'ased their

•iecision Of the ctrnT °" " '952

-"« Which cruder 'ThTpfor^"^

'''^e professois

invalid. ^

^ ^^'^teen of t*-

f^^;^s voted at t

Of ?H^"'"^ ^° tie
^%^^P professor.

I--^n.ediateJy ^

^'/'"-' ciairaed
''^^ been vie)--

"aim vjcJaiion

FIIMED IN TOO SECTIONS

r

6 X-ccn^t in^ vi /y /f/ Tz
Digest of State Supreme Court's

Ruling Upho ding Loyalty Oath

I

Here is the text of a digest of
yesterday's State Supreme Court
rulings in the loyalty oath suits,
as prepared by Chief Justice
Phil S. Gibson:

The Supremo Court of Cali-
fornia today handpd down
eight decisions involving the
validity of loyalty oaths for
public employes. The effect of
the decisions was to uphold the
Levering Act oath and a portion
of the Los Angeles County
oath, and to invalidate the oath
or declaration required by the
regents of the University of
California. The opinions were
written by Chief Justice Gib-
son and concurred in by Jus-
tices Shenk, Edmonds, Traynor,
Schauer and Sponce. Dissent-
ing opinions were filed by Jus-
tice Carter.

^wo Contentions

In Pockman v, Leonard the
court upheld the constitution-
ality of the Levering Act,
passed in 1950, which requires
all State, county, and local gov-
ernment employes to take an
oatl\ to support the Constitu-
tion, to swear that they do not
advocate, and are not presently
members of any organization
which advocates, violent over-
throw of the Government, and
to list all such organizations
to which they belonged within
five years preceding taking the
oath.

The case involved an associ-
ate professor at San Francisco
State College who refused to
comply with the statute, and
I the court sustained the school's
action in refusing to pay his
salary after the date fixed by
law for taking the gath.

The principal questions pre-
sented to the court for decision
were (1) whether the Levering
oath imposed a political or re-
ligious test as a qualification
y for public office or employ-
ment, - and (2) whether the
Legislatiife had power to re-
quire the oath in view of the"
fact that the California Consti-
tution sets forth an oath and
then provides that "no other
oath, declaration, or tost shall
he required as a qualification
for any office or public trust,"

Not Political Test

With respect to the first
question, the court said that
the oath required by the Lev-
ering Act "is olwiously not a
test of religious opinion.

"Neither does it com pel dis-
avowal of any political belief
or membership in any named
political party. While it re-
quires the affiant to swear that
he does not advocate <over<
throw of the government by
force or violence or other un-
lawful means, these may not

and loyalty, and the State,
under its police power, may
properly limit a person's free-
dom of choice between mem-
bership in such organizations
and employment in the school
system."

The court also said that both
the oath and information re-
quirements of the Levering
Act are reasonable qualifica-
tions for Government employ-
ment and do not violate any
State er Federal constitutional
rights of public employes.

Dissenting Opinion

A dissenting opinion filed by
Justice Carter took the posi-
tion that the Levering Act was
invalid because it conflicted
with the provision of the Con-
stitution which declares that
no oath, declaration or test
other than the constitutional
oath shall be required as a
qualification for any office or
public trust.

In Hirschman vs. County of
Los Angeles the court upheld
an oath requirement which was
adopted by the Board of Super-
visors of Los Angeles County
prior to the passage of the
Levering Act. That oath con-
tained substantially the same
provisions as those approved
by the court in the Levering
Act decision.

The court found it unneces-
sary to determine whether the
county could legally require
employes to state whether they
had belonged to certain organi-
zations listed by the board of
supervisors, since the discharge
of the employes was not based
upon their refusal to subscribe
to that part of the oath.

Only Oath Required

In Bowen vs. County of Los
Angeles the court held tJiat a
county employe could be re-
quired to take the Levering
oath although he had already
taken the county oath. The
court declared that "there can
be no doubt that the loyalty of
county employes is not exclu-
sively a local afafir hut is a
matter of general statewide
concern."

The opinion further points
out that the Levering Act
"fully occupies the field of leg-
islation on the subject of loy-
alty oaths for public employes"
and "is, therefore, the only oath
or declaration relating to loy-
alty which may now be re-
quired of Los Angeles County
employes as a condition of their
employment."

In Tolman v. Underbill the
court invalidated the loyalty
statement required of all Univer-
sity of California personnel by
the Board of Regents.

ment but would make a trav-
esty of the effort to secure loyal
and suitable persons for govern-
ment service."

The court was unanimous in
the view that the loyalty state-
ment was invalid.

In Fraser v. Regents of U, C.
the court held that the Lever-
ing Act is applicable to uni-
versity employes and that they
are required to take the Lever-
ing oath.

The remaining three cases
were disposed of on the author-
ity of the decision in Pockman
v. Leonard.

Summary of Rulings-

The effect of the opinions in
the eight cases involving loyalty
oaths filed in the Supreme
Court today is as follows:
"1 — The oath prescribed by the
-^ Levering Act, which ap-
plies to city, county and State
employes, including university
personnel, is constitutional. It
imposes no religious or political
test and does not conflict with
the oath set forth in our State
constitution. It fully occupies
the loyalty oath field and no
other loyalty oath can be re-
quired of the public employes
to whom it applies.
O — The loyalty declaration re-
^ quired by the regents of
the University of California is
invalid. This requirement was
imposed prior to the adoption
of the Levering Act, but the
legislature had previously en-
acted a law compelling all State
employes to take the oath set
forth in the constitution. The
court holds that the loyalty of
members of the university fac-
ulty is a matter of statewide
concern and that when the leg-
islatuTe imposed requirements
in this field it deprived the re-
gents of authority to make reg-
ulations on this subject matter.

— The portions of the Los
Angeles County oath which
are substantially the same as
the constitutional oath and the
Levering oath were valid when
enacted. This oath can no
longer be required, however, be-
cause the State has now occu-
pied the field by the require-
ment that all county employes
shall take the Levering oath.

■ •

mmu,

FIICUmNDT

All Now on Staff Are Signers
Of Levering Oath

Yesterday's Supreme Court de-
cisions on loyalty oats apparently
will have no effect on the makeup

of the University faculty.

They leave the present faculty,
all signers of the State Levering
oath, unaffected.

Eighteen professors or associ-
ate professors who lost their jobs
and sued are left facing the ques-
tion of whether they want to
agree to a much stronger loyalty
law than the one they originally
oposed.

No Statement Made

They refused to sign the mild
and now invalidated Board of
Regents oath. The Supreme Court
said they should be reinstated, if
they now take the far more ex-
tensive Levering oath.

But their spokesman. Prof.
Edward C. Tolman. declined to
make any statement about their
position on that.

A nineteenth University of
California professor, Russell A.
Fraser, refused to take the Lever-
ing oath and therefore lost his
plea for reinstatement under the
high court's ruling.

Problems Solved

Except for these cases, the
university's loyalty oath problem
already had been solved. At the
height of the oath controversy,
sixty-eight faqulty members re-
fused to sign the Board of Re-
gents loyalty declaration. All but
six of them eventually did sign,
however, and those six have long
since left the university.

The Supreme Court decisions
also denied reinstatement to a
group of teachers here, because
they declined to take the State
oath. Thesp unsuccessful plain-
tiffs were Leonard T. Pockman
and Herbert Bisno. both of San
Francisco State College; John
Horowitz of San Francisco City
College, and Edward L. Hanchett
of the High School of Commerce.

k i

'L n^^^-

i

ba>

/ u

couri upneia Uie constitution-
ality of the Loverinp Act,
passed in 1950, which requires
all State, county, and local gov-
ernment employes to take an
oat^\ to support the Constitu-
tion, to swear that they do not
advocate, and are not presently
members of any organization
which advocates, violent over-
throw of the Government, and
to list all such organizations
to which they belonged within
five years preceding taking the
oath.

The ease involved an associ-
ate professor at San Francisco
State College who refused to
comply with the statute, and
the court sustained the school's
action in refusing to pay his
salary after the date fixed by
law for taking the oath.

The principal questions pre-
sented to the court for decision
were (1) whether the Levering
oath imposed a political or re-
ligious test as a qualification
for public office or employ-
ment, and (2) whether the
Legislature had power to re-
quire the oath in view of the"
fact that the California Con.sti-
tution sets forth an oath and
then provides that "no other
oath, declaration, or test shall
be required as a qualification
for any office or public trust."

Not Political Test

With respect to the first
question, the court said that
the oath required by the Lev-
ering Act "Is obviously not a
test of religious opinion.

"Neither does It compel dis-
avowal of any political belief
or membership in any named
political party. While It re-
qmres the affiant to swear that
he does not advocate over-
throw of the government by
force or violence or other un-
lawful means, these may not
properly be called matters of
politica! opinion. The word
•political' imports orderly con-*
duct of government, not revo-
lution, and the term is not ap-
plicable to advocacy of a be-
lief in the overthrow of govern-
, ment by force or violence."
In answer to the second
question, the court said that
there was nothing in the Lev-
ering Act oath which is in any
way "inconsistent with the
spirit or intent of the constitu-
tional oath . . . We are satisfied
that there is nothing in the
Levering oath which goes be-
yond the object or meaning of
Section 3 of Article XX and
that it Is not the type of 'other
oath, declaration or test' which
was intended to be prohibited
by that section . . .

a ii biiiiii ue requiiea as a
qualification for any office or
public trust.

In Hirschman vs. County of
Los Angeles the court upheld
an oath requirement which was
adopted by the Board of Super-
visors of Los Angeles County
prior to the passage of the
Levering Act. That oath con-
tained substantially the same
provisions as those approved
by the court in the Levering
Act decision.

The court found it unneces-
sary to determine whether the
county could legally require
employes to state whether they
had belonged to certain organi-
zations listed by the board of
supervisors, since the discharge
of the employes was not based
upon their refusal to subscribe
to that part of the oath.

Only Oath Required-

No Divided Loyalty

"A person obviously cannot
be loyal to a government and
at the same time advocate its
violent and unlawful over-
throw. By the same token, vol-
untary unexplained member-
ship in an organization known
by a public employe to ad-
vocate such doctrines indicates
that he has interests which are
inconsistent with his pledge of
loyalty and faithful perform-
ance of duty, and the legisla-
ture, by requiring this oath, has
in elfoct found that such mem-
bership is incompatible with
loyalty

"A person's associates, as
well as his conduct, are relevant
factors in determining fitness

In Bowen vs. County of Los
Angeles the court held that a
county employe could be re-
quired to take the Levering
oath although he had already
taken the county oath. The
court declared that "there can
be no doubt that the loyalty of
county employes Is not exclu-
sively a local afafir but is a
matter of general statewide
concern."

The opinion further points
out that the Levering Act
"fully occupies the field of leg-
islation on the subject of loy-
alty oaths for public employes"
and "is, therefore, the only oath
or declaration relating to loy-
alty which may now be re-
quired of Los Angeles County
employes as a condition of their
employment."

In Tolman v. Underbill the
court invalidated the loyalty
statement required of all Univer-
sity of California personnel by
the Board of Regents.

Uniformity Needed

The regents' requirement
was imposed prior to the adop-
tion of the Levering Act, but
the legislature had previously
enacted a law compelling all
State employes to take the
oath set forth in the Constitu-
tion. The court held that the
loyalty of members of the uni-
versity faculty is a matter of
statewide concern and that
when the Legislature imposed
requirements in this field it de»
prived the regents of authority
to make regulations on this
subject matter.

In holding that the action of
the Legislature was paramount,
Chief Justice Gibson said: "The
loyalty of State employes is not
a matter as to which there may
reasonably be different stand-
ards and different tests but is,
without doubt, a subject requir-
ing uniform treatment through-
out the State.

"The Legislaure has enacted a
general and detailed scheme re-
quiring all State employes to exe-
cute a prescribed oath relating
to loyalty and faithful perform-
ance of duty, and it could not
have Intended that they must at
the same time remain subject to
any such additional loyalty or
declarations as the particular
agency employing them might
see fit to Impose.

Unanimous Opinion

"Multiplicity and duplication
of oaths and declarations would
not only reflect seriously upon
the dignity of State employ-

plies to city, county and State
employes, including university
personnel, is constitutional. It
imposes no religious or political
test and does not conflict with
the oath set forth in our State
constitution. It fully occupies
the loyalty oath field and no
other loyalty oath can he re-
quijed of the public employes
to whom it applies.
O— The loyalty declaration re-
^ quired by the regents of
the University of California is
invalid. This requirement was
imposed prior to the adoption
of the Levering Act, but the
legislature had previously en-
acted a law compelling all State
employes to take the oath set
forth in the constitution. The
court holds that the loyalty of
members of the university fac-
ulty is a matter of statewide
concern and that when the leg-
islatute imposed requirements
in this field it deprived the re-
gents of authority to make reg-
ulations on this subject matter.
O — The portions of the Los
^ Angeles County oath which
are substantially the same as
the constitutional oath and the
Levering oath were valid when
enacted. This oath can no
longer be required, however, be-
cause the State has now occu-
pied the field by the require-
ment that all county employes
shall take the Levering oath.

1
ba-
nic
the
wh'
ta\
mo

C
wo
sqi
kn

R(
St
Sa
te
an
hOi

r

sus
Ea
an(

US'

ra-
ch

te

R

sc

lei

wr

dr

S

f»

d

V

i

No Statement Made

They refused to sign the mild
and now invalidated Board of
Regents oath. The Supreme Court
said they should be reinstated, if
they now take the far more ex
tensive Levering oath.

But their spokesman. Prof.
Edward C. Tolman. declined to
make any statement about their
position on that.

A nineteenth University of
California professor, Russell A.
Fraser, i-efused to take the Lever-
ing oath and therefore lost his
plea for reinstatement under the
high court's ruling.

Problems Solved

Except for these cases, the
university's loyalty oath problem
already had been solved. At the
height of the oath controversy,
sixty-eight faouity members re-
fused to sign the Board of Re-
gents loyalty declaration. All but
six of them eventually did sign,
however, and those six have long
since left the university.

The Supreme Court decisions
also denied reinstatement to a
group of teachers here, because
they declined to take the State
oath. These unsuccessful plain-
tiffs were Leonard T. Pockman
and Herbert Bisno. both of San
Francisco State College; John
Horowitz of San Francisco City
College, and Edward L. Hanchett
pf the High School of Commerce.

k i

L n^^^^

FILMED IN TWO SEXZTIGNS

Court Upholds State Loyalty Oath

^•••« ••••««••••••••«••******'

SUHer 1-2424

2Kowart% of "^W&Mw" ^h* i9ma«»

i»i«.OvS.*AT. orr*

VOL. CLXXXXVII, NO. 110

CCCC

**■

SAN FRANCISCO, SATURDAY.. OCTOBER 18. 1952

DAILY 10c, SUNDAY 20c

Supreme Court OK's
Levering Act, 6 to 1

I

/

I

i

special U. C. Employes
Pledge Ruled Invalid

The Levering Act which demands a loyalty oath
of all State, county and local government employes,
including teachers and U. C. faculty members, was
upheld as constitutional yesterday by a six-one deci-
sion of the State supreme court.

The court, which has been pondering a number of cases
bearing on loyalty oaths for more than a year, handed down
decisions on eight of them.

It held that the special oath once imposed by the Uni-
versity of California Board of Regents upon university
employes was invalid because at that time, prior to passage
of the Levering Act, the only oath required by both the
Constitution and legislative statutes was a ])ledge to uphold
the State Constitution.

Now, the court held, the Levering Act with a loyaltv
oath far more drastic than anything that the Board of
Regents had adopted, is the final word on loyalty oaths.

18 Professors Involved

There were eighteen professors involved in the UC case.
They sued to regain their jobs after refusing to sign the
university's oath. The Supreme Court directed that they be
reinstated — but only if they sign the Levering oath.

Thus, in effect, the court upheld their technical legal
contentions but left them with no alternative except to sign
a more stringent oath than the one they opposed originally.
Actually, all faculty members now employed at the
university signed the Levering Act's requirements soon
I after it was adopted late in 1950.

The court also decided portions of a Los Angeles County
loyalty oath paralleling the Levering Act were valid when
enacted, but now are superseded bv the statewide regulation.
The Levering Act was passed by the legislature as part
of the civil defense program. Therefore it prescribes the
loyalty oath — and disclosure of any affiliation with sub-
Iversive organizations over the previous five years — for any
• '■•Mblic servant who mig:ht boro»-»ie a civil defense worker.

I

I

(

i

special V. C. Employes
Pledge Ruled Invalid

The Levering Act which demands a loyalty oath
of all State, county and local government employes,
including teachers and U. C. faculty members, was
upheld as constitutional yesterday by a six-one deci-
sion of the State supreme court.

The court, which has been pondering a number of cases
bearing on loyalty oaths for more than a year, handed do\\'n
decisions on eight of them.

It held that the special oath once imposed by the Uni-
versity of California Board of Regents upon university
employes was invalid because at that time, prior to passage
of the Levering Act, the only oath required by both the
Constitution and legislative statutes was a pledge to uphold
the State Constitution.

Now, the court held, the Levering Act with a loyaltv
oath far more drastic than anything that the Board of
Regents had adopted, is the final word on loyalty oaths.

18 Professors Involved

There were eighteen professors involved in the UC case.
They sued to regain their jobs after refusing to sign the
university's oath. The Supreme Court directed that they be
reinstated — but only if they sign the Levering oath.

Thus, in effect, the court upheld their technical legal
contentions but left them with no alternative except to sign
a more stringent oath than the one they opposed originally.

Actually, all faculty members now employed at the
university signed the Levering Act's requirements soon
after it was adopted late in 1950.

The court also decided portions of a Los Angeles County
loyalty oath paralleling the Levering Act were valid when
enacted, but now are superseded bv the statewide regulation.

The Levering Act was passed by the legislature as part
of the civil defense program. Therefore it prescribes the
loyalty oath — and disclosure of any affiliation with sub-
versive organizations over the previous five years — for any
nublic servant who might become a civil defense worker.

Applies to A II Employes

This spreads its application to cover every employe
from the highest in State government to the lowest laborer
for any local governmental district or agency.

Sole dissenter from the majority opinion written by
Chief Justice Phil S. Gibson was Justice Jesse W. Carter.

His dissenting opinion held that the Levering Act
should be ruled invalid because of a provision in the State
Constitution that no oath, declaration or test other than
the constitutional oath shall be required as a qualification
for any office or public trust.

While the high court's multiple decisions cleared the
legal air, the voters will decide the full issue for themselves
next month.

On the November 4 ballot are two measures dealing
with the question.

One of these is Proposition 6. passed by the Legisla-
ture last year and sponsored by the author of the measure
just upheld by the Supreme Court, Assemblyman Harold K.
Levering of Los Angeles.

Would Extend Application

It is a proposed constitutional amendment to tighten
the law by extending its application specifically to members
of the Legislature and other elected officers. The present act
applies to "public employes" and there has been some legal
doubt voiced whether that means elected officials.

Also on the ballot will be Proposition 5. a constitutional
amendment specifically banning pubUc office or employ-
ment, or tax exemption, to any person or organization advo-

f Continued on Parte fi. Col. 1)

\

, i.i»,i.«ji» rn iieiti miiiinj^ iiciitas' I >ii». v«i|^i>iu^.

State Supreme Court Upholds Levering Loyalty Oath Act

(Continued from Page One)

eating forcible or unlawful over-
throw of the Government or sup-
porting a foreign government
against the United States in event

of hostilities.

Most of the cases considered by
the high court were suits by
employes who did not want to
sign the State loyalty oath. The
Supreme Court took the unusual
step of taking over jurisdiction
from the appellate court on its
own initiative because of the im-
portance of the questions posed.
In summarizing the findings,
Chief Justice Gibson said:
i — The Levering Act oath is
•*■ constitutional because "it
Imposes no religious or political
test and does not conflict with
the oath set forth in our State
e<nit(^ iition. It fully occttpi«s

the loyalty oath field and no

other loyalty oath can be re-
quired of the public employes
to which it applies."
O — The University of Califor-
^ nia oath is invalid because
the State legislature already
had taken over control of what
oaths should be required of
State employes. It did that,
before either the Levering or
university oathg were proposed
by prescribing the taking of an
oath of allegiance to the Con-
stitution. This automatically
deprived lesser governmental
bodies, such as the university
regents, from establishing spe-
cial oath requirements of their
own.
— Those portions of the Los
Angeles County oath which
are substantially the same as
the State oaths were valid

when enacted but "can no
longer b© required, however,
becauiiie the State has now oc-
cupied the field by the require-
ment that all county employes
shill take the Levering oath.**
The battle over the University
of California's special oath raged
at white heat for more than two
years, but ended except for the

outcome of the court cases when
the regents rescinded the regula-
tion nearly a year ago.

Since then, however, all teach-
ers and other employes at the
university have been required to
sign the State oath before being
\^m ployed.

The decision on the U. C. oath
was unanimous. Justice Gibson
.said:

"The loyalty of State em-
ployei is not a matter ^ to

which there may reasonably be
different standards and differ-
ent tests but is, without doubt,
a subject requiring uniform
treatment throughout the
State.

"The legislature has enacted
a general and detailed scheme

requiring all State employes to
execute a prescribed oath relat-
ing to loyalty and faithful per-
formance of duty, and it could
not have intended that they
must at the same time remain
subject to any such additional
loyalty or declarations as the
particular agency employing
them might see Tit to impose."
To emphasize its position, the
high court ruled in another of
the eight cases that the Levering
Act definitely is applicable to the
university's employes and they

are required to take the Lever-
ing oath.

The Levering Act, passed in
1950, requires States, county ana
local government employes to
swear they will support the Con-
stitution and swear they are not
members of any organization ad-
vocating violent qverthrow of the
government. "' '

In addition, they must also list
any such organizations to which
they belonged in the five years
before taking the oath.

The Levering Act covers vir-
tually everybody who draws a
salary from the State or lesser
governmental bodies of any kind.

Yesterday's decision leaves
only the technical point of
whether it covers members of
the legislature and other elected
officers. They will be covered if
Proposition 6 is adopted.

{

\

I

THE

VOL. XVII . NO. 4
AUGUST. 1952

Thia iaaue goea to the more than
ll.'t,000 metnhera reaident within poatal aervice

"REFOR TER

THE PHI BETA KAPPA NEWS MAGAZINE

Triennial Council to Meet
At University of Kentucky

LEjffl

By Boyd

ejonct'on, heart of Kentucky's fa-
Inous Bluegrass region and a long-
time geographic symbol of generous
hospitality will be the site of the
twenty-third triennial meeting of the
Council of Phi Beta Kappa from Sep-
tember 3 to 6.

Each of the 151 Phi Beta Kappa
chapters may elect three delegates to
the Council and each accredited gradu-
ate association having 25 or more ac-
tive members may have one delegate;
those having 200 or more may have
two. The Phi Beta Kappa Senators are
also members. The Council meets every
three years to review activities during
the triennium, to grant charters to new
chapters, to elect officers and senators,
and to legislate for the general Society.

Ten institutions are making applica-
tion for the chartering of Phi Beta
Kappa chapters in 1952. During the
past triennium all ten institutions were
visited by members of the Committee
on Qualifications. Each has been found

Keenan

to have the necessar\ qualifications for
maintaining and extending the ideals
and purposes of Phi Beta Kappa.

Announcement that the session will
be held at Lexington, home of the Uni-
versity of Kentucky, was made in the
May issue of The Key Reporter. The
Kentucky hosts will be the University
of Kentucky's Alpha Chapter of Phi
Beta Kappa, founded in 1926. They are
planning, in addition to other enter-
tainment, a tour which will feature
stops at the best known of central Ken-
tucky's Bluegrass farms. Also sched-
uled for the Phi Beta Kappa delegates
are visits to Ashland, estate of Henry
Clay, and to the one-time home of
Mary Todd Lincoln. In no other Ameri-
can city was the division among Neigh-
bors and families during the Civil War
felt more keenly than in Lexington,
with mute evidence of this still ap-
parent in the heart of the city.

A likeness of General John Hunt
Morgan, "Thunderbolt of the Con-

Tbe University of Kentucky's Fine Arts ^uildmg will be the scene of most sessions of the Council.

Erwin D. Canham, c|>BK Bates

Editor of THE CHRISTIAN SCIENCE MONITOR, author,
radio commentator and public spealier, Erwin D. Canham
will address members of the Council at the banquet to
be held Friday, September 5, at 6.30 p.m. in the Blue
Grass Room of the Student Union Building. Mr Canham
will speak on "The Chances for Peace

federacy," stands on the southeast side
ot the Fayette county courthouse in
memory of "Morgan's Rifles" who
died in the Civil War, and the house in
which Jefferson Davis stayed while
attending Transylvania College still
stands near the center of the city.

Less than three blocks from the
courthouse visitors in ay see the home
of General Morgan, and directly across
a parkway is the Bodley House, which
housed Union officers during the con-
flict. Both houses play important roles
in The Little Shepherd of Kingdom Come,
one of John Fox, Jr.'s best known
novels. Although fictitious. Fox's book
cites the fission of many families during
the civil strife, and the visitor in Lex-
ington today is able to trace the action
of the novel through many homes still
standing in the city.

{Continued on page T)

u u

THE STRIFE OF THE FACULTIES

IMMAXUEL Kaxt published The Strife
oj the Faculties in 1797. In this book,
written in his old age, Kant was con-
cerned with the strife among the uni-
versity faculties of his time. It is a
treatise not on the theory of knowledge
or psychology but on the philosophy
and politics of higher education. It
deals with the perennial problem of the
aims of education, and discusses ques-
tions which continue to be raised in al-
most every issue of the Phi Beta Kappa
Key Reporter.

The German university at that time
consisted of four faculties, or, as we call
them, schools: theology, law, medicine,
and philosophy. The philosophical fac-
ulty taught all the liberal arts and such
of the pure sciences as were taught at
all. It was, in fact, one of the models
for the American college and graduate
school of arts and sciences, though
philosophy proper occupied a more
outstanding place in it than is now
common in the United States.

Theology, medicine, and law were
called the higher faculties, in distinc-
tion from the philosophical, or lower,
faculty. The higher faculties admitted
only students who had been prepared
in the lower faculty. They therefore
dictated or attempted to dictate the
kind of education to be offered by the
lower faculty. The higher faculties pre-
pared students for positions in the
state. The clergy and almost all the
lawyers were state-functionaries, and
the physicians acted at the pleasure of
the state. The graduate of one of the
higher faculties had, by virtue of his
graduation, a license to practice his
calling and an assured social position,
while the bachelor of arts did not have
enough education to admit him auto-
matically to a profession. The state,
concerned with the recruitment of its
own civil servants, generously nurtured
the higher faculties, largely ignoring
the work of the philosophical faculty.
But there was another side to this gen-
erosity: while the state controlled the
higher faculties, it left the lower faculty
relatively free.

By Lewis White Beck

Despite the favor enjoyed by the
higher faculties, the most significant
development in the eighteenth century
university was the strife which led to
the gradual emergence of the philo-
sophical faculty to a position of equal-
ity with the higher faculties. This oc-
curred first in the universities of Halle
and (joettingen; but Kant's writings
show that it was taking place slowly in
faraway Koenigsberg.

It is difficult for us to realize how
great a reform in education followed
this elevation of the philosophical fac-
ulty. We tend erroneously to compare
the higher faculties of the eighteenth
century with the schools of medicine,
law, and theology as we know them in a
modern university. But the similarities
are less significant than the differences.
The professional schools of today are
what they are largely because the
emergence of the philosophical faculty
two hundred years ago revolutionized
the whole notion of what a university
is and is supposed to do.

The so-called higher faculties of that
time were higher for no reasons of in-
tellectual eminence; on the contrary.
They cared little for intellectual en-
lightenment or progress; the Age of
Reason had little affected them. They
were more like craft or vocational
schools of today than the professional
schools of a modern university.

Perhaps I should here define and
defend the distinction I have just inti-
mated between vocational and profes-
sional education. The goal of vocational
training is the development of habitual
skills, the passing on of useful tech-
nicjues and habits of work. Habits and
fixed techniques are useful under stable
conditions, in which even the problems
are routine and in which the same
situation recurs again and again, calling
forth again and again the same auto-
matic response. A profession, on the
other hand, is different because of the
demands it puts upon adaptability to
new and unique problems and situa-
tions. Professional education, there-
fore, must be education in principles

The above article is a condensation of an address delivered by Lewis White Beck, chairman of the
philosophy department and associate dean of the Ciraduate School at the I'niversity of Rochester,
at the March meeting of the Phi Beta Kappa Chapter at Duke University. It is to be noted that the
passages quoted from Kant's The Strife of the Faculties are not literal translations so much as para-
phrases; these paraphrases have been made for the purpose of avoiding much of the technical and
grammatical complexity of Kant's style.

which have wide range of application.
Professional education is supposed to
produce insight; vocational training is
content to produce repetitive knacks
and automatic skills. When the prin-
ciples of a field of knowledge or prac-
tice are imparted dogmatically, to be
committed to memory or used me-
chanically, the education is to that
extent not fully professional. For in-
herent in professional education is ex-
ploration, research, discovery, or re-
discovery. There is a potential for
growth in a profession; a vocation is
conservative and traditional. ^

To return to my historical compari-
son. The modern schools of medicine,
theology and law are professional, hav-
ing learned the importance of freedom
of inquiry and teaching from the old
philosophical faculty; but those which
tyrannized over the philosophical fac-
ulty in Kant's day had not learned this
and were strictly vocational. Kant
writes "From the real scholars we dis-
tinguish merely trained or taught men.
As instruments of the government, they
are vested with office in the govern-
ment's interest, not in the interest of
knowledge. . . . These people can well
be called 'functionaries of learning.'
... In their own speciality they have
no initiatory power but only a deputed
administrative power, being kept in
line by their faculties acting in the
name of the government."

But the government and the public
had little or no interest in the teaching
of the philosophical faculty. Frederick
the (jreat had said, "Argue as much as
you will and how you will; only obey."
Nevertheless, especially after his death,
the Prussian ministry laid a heavy hand
upon instruction even in the philo-
sophical faculty. The great Kant was
always required to lecture from text-
books written by infinitely lesser men,
and his right to publish and lecture on
matters of religion was taken from him
by Frederick's successor. It was partly
against this edict that The Strife of the
Faculties was published. For the good
of the government itself, Kant asserts
that there must be a faculty independ-
ent of the command of the government.
In his time, only the philosophical fac-
ulty even claimed such freedom from
outside dictation, and it had been grad-

THE KEY REPORTER

ually secured in bitter controversies.
When it was first won, academic free-
dcjm was for good reason called libertas
philosophandi.

There is a historically intimate con-
nection between what we call academic
freedom and the importance of re-
search. The philosophical faculty was
the only free faculty, and it was the
only faculty that was made up of men
expected to think for themselves and
to guide others to think for themselves
instead of telling the students what to
think. There is no virtue in academic
freedom if the legally free teacher
merely repeats what he happens to
have learned from others. The obliga-
tion to try to discover truth is the price
that faculties pay for their academic
freedom to speak the truth as they see
it. Without the personal ciiscovery of
truth, academic freedom means only
the limited freedom to choose one mas-
ter or one canonical text instead of
another. The exercise of free inquiry
and instruction is now as inherent a
feature of the professional schools as it
is of colleges of liberal arts. Freedom of
inquiry and instruction in theology,
law, and medicine was nurtured in the
atmosphere of libertas philosophandi.
It has ceased to be just a dangerous
venture on the part of men of genius
like Vesalius, Leonardo, Erasmus,
Bruno, and Vico.

Looking over the development of the
university since the eighteenth century,
we might well conclude that the strife
of the faculties had been won by the
faculty of which Kant was a leading
member. It issued in the general ac-
ceptance of the universal validity of
the principle of academic freedom and
the acknowledgement of the impor-
tance of unrestricted inquiry by indi-
vidual teachers and even students. If
we look at the best of today's univer-
sities, we see great trees of learning in
which the strong trunk of the under-
graduate liberal arts colleges supports
the proud branches of the graduate pro-
fessional schools — a tree rooted in aca-
demic liberty and reaching up into the
unknown.

But there are still strifes of the
faculties, two of which I think are of
the greatest importance.

The first is a strife within the uni-
versity itself, a competition among
educators for the time and even the
soul of the student. This strife is like a
civil war, waged between various de-
partments of the undergraduate col-
lege, often with the outside support of

the professional schools. What was
formerly a four-year preparation for
admission to graduate professional
schools has now become a one- or two-
year program of general education lead-
ing to a major in some department of
the college. Many colleges seem forced
to try to be omnicompetent, and to do
in four years and in one school what
was formerly done by the professional
school, the high school, the vocational
craft-school, and the young ladies' fin-
ishing school.

No department of the college is free
from the temptation of academic em-
pire building. Though they do not
commit aggression against the stu-
dents, they do fight each other/or the
students and for the students' time.
There is, however, one fundamental
line of conflict that runs through all
the various battles. This is the conflict
over the demands of professional edu-
cation and those of liberal education.

Again, I shall define my terms. By
liberal education I mean here all edu-
cation that is neither professional nor
vocational. The contrast is not parallel
to that betwen the sciences and the
humanities. It is as possible to make a
profession out of reducing syllogisms
as out of reducing ores or reducing
overweight people; it is as possible for
a course in the works of Aristotle to be
as professional as one in the works of
Einstein. Only education that provides
insight into things a man does not have
to know in order to hold his job is truly
liberating, for only that kind of educa-
tion helps him to be more than a
square peg firmly stuck in a square hole.

In this strife, the departments pre-
paring the largest number of students
for professional work are frequently
not free agents. They are beholden to
the power of professional schools and
accrediting agencies. The elastic part
of the college curriculum is the part for
which the faculty alone is responsible,
and when any part gives, in order to
meet some accreditation requirement
or to get a new professional unit estab-
lished, it is almost always the liberal
part of the student's curriculum that is
curtailed. Struggle for a portion of the
limited time and energy of students is
the form of the strife of the faculties
in most universities.

I believe there is in principle no con-
flict between the demands of a profes-
sion and the ideals of liberal educa-
tion, even though they are antonyms,
and even though no student can get
enough of either. The liberal portion of

education is education beyond the call
of vocational or professional duty; but
if I am right in distinguishing a pro-
fession by its potentiality for growth
through research and exploration, then
we simply cannot tell what non-pro-
fessional or even what professional
knowledge may make the difl^erence
between the competent and the in-
competent, between the creative and
the routine professional man.

Many teachers in the most highly
professional fields recognize that formal
education should not, and cannot efl^ec-
tively, be tailor-made to some job-
specification. But many of the ac-
crediting agencies do not seem to recog-
nize this, and they use their licensing
power to dictate larger and larger por-
tions of college curricula; their effect
seems to me to be as insidious and
dangerous as those against which Kant
protested a century and a half ago.

It is not an ivory-tower concept of
liberal education to recognize that a
conflict between liberal education and
specialized education does actually ex-
ist, and that our industrial society's
claims on the time and resources of
educational institutions are becoming
increasingly formidable. The attrac-
tions of government and business sub-
sidies for research, frequently of little
educational value, are turning the
attention of some university depart-
ments away from educational tasks to
such an extent that sound undergradu-
ate instruction is sometimes neglected.
Confronted with the promptings of
parents, military duties, the competi-
tive world, the exaggerated require-
ments of some accrediting agencies, and
the ambition of departmental empire-
builders, the student can hardly be ex-
pected on his own initiative to salvage
a liberal education out of a crowded and
fragmented college life. It is up to the
faculties, therefore, to take a stand —
to point out that the very uncertainty
of the times will involve the narrowly
trained man in difficult adjustments for
which he is not prepared, but that lib-
eral education can stock the reservoir
of knowledge and stimulate the intelli-
gence and initiative which men and
women will need in times of unrest.

The second serious strife is the one
between the faculties and those in-
stitutions that do not welcome in-
quiry, between the universities and
posses of ignorant men bent upon
destroying the intellectual ferment and
seed of wise change.

{Continued on page 7)

AUTUMN. 1952

FOR BETTER OR WORSE

NECESSARY EVIL: The Life of Jane Welsh Carlyle.

By Lawrence and ELlisabeth Hanson.

The Macmillan Co. $7.50.

A Review by John Cournos

IT must seem rather strange to many
persons that cultured and intelli-
gent people, who surely should know
better, do not always get along to-
gether in married life. Some, indeed,
would use the word "rarely" in place
of "not always," especially if one of the
partners concerned happens to be "cre-
ative." The marriages of Byron and
Tolstoy have gained notoriety; so has
the marriage of Thomas Carlyle. The
story of the Carlyles has been often
told, usually with stress on the man.
In this book stress is laid on Jane Welsh
Carlyle; the authors have dug up a
great deal of new source material, in-
cluding many letters which go far in
buildmg the portrait of a woman who
is scarcely less interesting than her
dour husband. Not that she was a whit
more amiable than he, though heaven
knows, she had much to put up with.
Both were egoists who were rarely
comfortable one with the other; both
took life seriously, too seriously ever to
have normal "fun." They quarrelled
incessantly, because in many things
they differed, but Jane never hesitated
to join with him in battle, when it came
to attacking someone else. One thing
the authors do not clear up for us: was
the marriage of the Carlyles ever con-
summated.'' If it was not, it may have
quite a little to do with their unhappy,
wrangling life together.

Thomas Carlyle, a dyspeptic from
his youth, when he first courted Jane,
was a hard man to live with. He could
write to his wife on her forty-third
birthday: "... a brave woman, and,
on the whole, a 'Necessary Evil' to
man." She might have returned the
compliment; might have, with equal
justification, retorted that a man might
prove to be quite an ««necessary evil to
a woman. Yet the problem is more com-
plex than appears on the surface. Chari-
table critics have maintained that the
Carlyles quarrelled so much not be-
cause they were different but because
they were so much alike.

On the other hand, it is clear that
Carlyle, nourished on Teutonic culture,
held to ideas which no woman of inde-
pendent mind would for one moment
put up with. To do him justice, he had
warned her before marriage: "The
Man should bear rule in the house and
not the Woman. This is an eternal
axiom, the Law of Nature . . . which
no mortal departs from unpunished
... I must not and I cannot live in a
house of which I am not the head. . . ."

For a while, apparently, they — and
Jane in particular — made the best of
it. She was proud of her husband, or
rather of his genius. His famous friends,
who called at their house, found her
delightful. She had an interesting per-
sonality, if somewhat intense; she was
a good conversationalist; she was witty.
Men came to talk to Carlyle; they often
stayed to talk to Jane. Feminine she
was, and she knew how to play the part
of a martyred wife. They were both a
complaining pair, and, if misery loves
company, they did at times get on very
well together. Their misanthropic na-
tures gave a tartness to their observa-
tion and their wit, a cruelty which was
perhaps more intellectual than deep.
Typical is Mrs. Carlyle's comment on
the hapless Mrs. Gaskell: "She is a very
kind, cheery woman in her own house,
but there is an atmosphere of moral
dullness about her." Thomas Carlyle's
comments on his contemporaries were
not less penetrating and acid.

If Carlyle did not make Jane happy
in a normal way, there is little doubt
that he was devoted to her in a fashion,
as she was to him. When illness came
upon her, as her correspondence re-
veals, it was to her husband she turned
with her despairing plea. She describes
her torments, and wishes that he were
beside her: "I am terribly alone. But I
don't want to interrupt your work."
But even before this, she had been
complaining a great deal about her in-
dispositions; she was given to night-
mares. Her husband, a philosopher in

John Cournos, novelist, biographer, anthologist, book reviewer for The New York Times and The
New Yorker, is author of The Mask, The Wall, Babel, and // Modern Plutarch

PHILOSOPHY, RELIGION, AND
EDUCATION

Alain L. Locke

Modern Poetry and the Christian
Tradition. By Amos N. Wilder. Scrib-
ner's Sons. $3.

A wtll-documcnted and penetrating tracing of
the significant interaction of the contemporary
aesthetic and religious traditions.

A Believing Jew. By Milton Stein-
berg. Harconrt, Brace & Co. $3.50.

Although thought through mainly as an intelli-
gent, progressive reconciliation of the Judaic
tradition with American life and civilization, this
book is almost equally valuable as an interpreter
of Judaism to Christians.

Men and Movements in American
Phii.osoi'hy. By Joseph L. Blau. Pren-
tice Hall. $6.

Despite tre(]uent recent coverage of this field
of American thought, few studies have empha-
sized as this one the organic movements beneath
the surface of America's outstanding thinkers.

Six Existentialist Thinkers. By J.
Black ham. The Macmillan Co. $3.

A lucid, non-partisan account of Kxistentialist
thinking in oi*r time, particularly illuminating
because it traces the social and cultural roots of
Kxistentialism.

FICTION, POETRY, AND THE FINE ARTS
John Cournos

Poetry in Our Time. By Babette
Deutsch. Henry Holt. $6.

A comprehensive survey of contemporary
verse, excellent for the uninitiated.

The Writer's Point of View. Bv
W. Somerset Maui'ham. Caml^ridze.
$.75.

Tremendously amusing lecture worth everv-
one's reading.

his literature, was not a philosopher in
the commoner meaning of the term.
He was driven frankly to tell her to go
somewhere for a while and leave him
in peace. Cause and consequence were
doubtless inherent in the situation. The
paradox, if we are to believe such dis-
cerning critics as the^late Desmond
MacCarthy, is that this marriage was
a true one, truer indeed in a deeper
sense than many a marriage outwardly
more congenial. Perhaps. The mystery
of the Carlyles still awaits a reason-
able elucidation. In the meanwhile,
this book throws additional light on
Mrs. Carlyle's character, chiefly in the
shape of her letters, many of them
hitherto unpublished.

THE KEY REPORTER

SOCIAL SCIENCES
Eric F. Goldman

Henry Adams: Scientific Historian.
By William H. Jordy. Yale University
Press. $5.

A perceptive study of an exasperatingly enig-
matic but important subject, fully worth its
occasional craggy sections.

The Uses of the Past: Profiles of
Former Societies. By Herbert J.
Muller. Oxford University Press. $5.50.
A skeptical intelligence (especially where
Toynbee is concerned) studies the major cultures
of the past and emerges with a cycle of tragedy,
relieved by the author's hardheaded faith in
man's ultimate ability to think his way through
to a better destiny.

Revolution of 1848: A Social His-
tory. By Priscilla Robertson. Princeton
University Press. $6.

A balanced, highly readable study of a distant
year that has left a considerable mark on 1952.

Working with Roosevelt. By Sam-
uel 1. Rosen man. Harper. $6.

Except for Sherwood's Roosevelt and Hopkins,
the meatiest of the many volumes by F. D. R.
intimates. I^'avorable without being rhapsodic.

NATURAL SCIENCES
Kirtley F. Mather

Basic Astronomy. By Peter van de
Kamp. Random House. $3.75.

An inclusive survey of the entire subject of
astronomy, crammed with factual data and
notable for the clarity of its presentation.

Mineral Forecast 2000 A.D. By Ed-
ward Steidle. Pennsylvania State Col-
lege. $3.

The dean of the School of Mineral Industries
at Pennsylvania State College presents a concise
survey of the nation's mineral resources and con-
siders sagely the outlook for the next half century.
There is special emphasis upon his Common-
wealth, but allof it is pertinent material for every
American.

The Living Tide. Bv N. J. Berrill.
Dodd, Mead. $4.

An account of the many kinds of animals in-
habiting the coastal waters along the shore from
Florida to Maine. Should have a place in any
seashore library, either for handy reference or
just sheer enjoyment.

Chapters and Associations

The I(^ Y 7^ PORTER

Published quarterly November, ^'ebruary. Mav,
September by the United Chapters of Phi Beta
Kai>pa at the Rumford Press, Concr)rd. N. H. Edi-
torial and executive offices. Phi Beta Kappa Hall,
Williamsburu, V'a. Editorial opinions contained
are those of the writer and not necessarily those
of the United Chapters of Plii Beta Kappa.
.Advertising rates upon application. Subscription,
20 cents a year, $1.(K) for five years. H^ntered as
second-class matter at the post office at Concord,
N. H.. December 10, t93,S, under act of Mardi 3,
1879. .Additional entry at the P.O., New York,
N. V.

Editor: Hazel Ryan. Ii<M)k Committee: John
Cournos, Armour Craig. Eric F. Goldman, .Alain
Locke, Kirtley F. Mather. Consulting Editor: Carl
Billman.

DO Thing's

Allegheny College Chapter reports
the conclusion of six Phi Beta Kappa
lectures, begun in 1950, on significant
developments from 1900 to 1950. The
chapter has established a series of an-
nual prizes which includes ?20 to the
highest ranking member of the fresh-
man class, ?I0 to the member of the
sophomore class who shows the greatest
improvement in scholarship over his
freshman year, and $10 to a junior
showing the greatest improvement over
his first tw(^ years of college work.

The Southern California Association
maintains an International Scholar-
ship l-"und to aid foreign students in
continuing their educati(jn in this coun-
try. During 1951-52 eleven foreign
students representing Japan, Trans-
jordan, Korea, Kngland, India, Hol-
land, Ceylon, China, and Iran were
helped by awards from this fund.

The Cleveland, Ohio Association for
the sixth consecutive year held its an-
nual award contest. A grand prize of
1 100 and six prizes of %1^ each are
awarded to (ireater Cleveland high
school students for outstanding papers
written in the course of their regular
school work.

Boston University Chapter awarded
a S500 scholarship to Mildred Rosoff,
an outstanding member of the junior
class. In a contest open to all under-
graduates in the College of Liberal
Arts, the chapter awartied a prize of
$50 to John H. Kelso for his short story,
"Learning All the Time" and 525 to
(iregory Yulduzian for "Mahatma
(iandhi's Philosophy of Life," an essay.
The Charleston, South Carolina Asso-
ciation continues its practice of donat-
ing a book to an honor graduate of each
of the seven Charleston high schools
at their annual commencement in June
for "academic achievement and in-
tegrity."

Birmingham-Southern College Chap-
ter cooperates with the college in
awarding annually to entering fresh-
men six scholarships on the basis of
results of a competitive examination.
The purpose of the awards is to recog-
nize and reward outstanding scholastic
achievement and to enable the scholar-
ship holders to develop further their
talents and acquire the deepest respect
for the intetjritv of the human mind.

The Western Connecticut Association
celebrated receipt of its charter on May
7 at a meeting at the Norwalk Shore
and Country Club. Dr. Hiram Haydn,
editor of The American Scholar,
presented the charter to the associa-
tion which includes in its membership
Phi Beta Kappas living in Fairfield
and Litchfield Counties. The speaker
for the occasion was Dr. Samuel Magg
Bemis, Sterling professor of diplomatic
history at Yale Universitv, who spoke
on "Have We a Foreign Policy.''"

Hiram Haydn presents charter to Worth Tuttle Hedden,
while Samuel F. Bemis and Paul L B/aw/e look on.

The tVake County, North Carolina
Association gives recognition to foreign
students in its area. During the last
year, books were shipped to Silliman
I'niversity in the Philippines and plans
for next year include shipments of
books and other et]uipment to foreign
universities in distress.

Lawrence College Chapter plans to
make the Fall Honors Day Program at
the college into much more of a Phi
Beta Kappa affair. Next year at this
program the chapter will present a Phi
Beta Kappa Freshman Scholarship
Cup to the man student who made the
highest scholastic record in his fresh-
man year and a Phi Beta Kappa Schol-
arship will be awarded as a prize, with-
out question of need, to that person of
junior standing who seems best to
exemplify the aims and ideals of the
Society.

The University of California at Los
Angeles Chapter made an award of a
5200 scholarship prize to their most
promising initiate entering graduate
school.

AUTUMN, 1952

..^M*.

KEY PERSONNEL

1

Rates for items in tlie "Key Person-
nel" column are ten cents per word for
a single insertion, seven cents per word
for two or more consecutive insertions.
Replies should be addressed to Mem-
ber No. — , care of The Key Re-
porter. All replies will be forwarded
promptly to the advertiser.

This column is maintained as a
convenience tor members ot Phi Beta
Kappa. The United Chapters takes no
responsibility for placing or recom-
mending applicants.

832. (Miss, N. V.) Age 27, single, experienced
medical secretary-stenographer. Secretarial posi-
tion in Southwest desired. Recommendations
furnished.

841. (Mr., N. C.) B.S. Honors Degree, North-
western. Previously engaged in statistical re-
search and private writing. Desires position as
columnist or editorial writer; or any other writ-
ing, editing or research job.

842. (Mr., 111.) Chemist, Ph.D. in physical
chemistry, I'niversity of Chicago. Extensive in-
dustrial and academic experience in organic,
biological, and colloid chemistry. Patents and
publications. Interest in relocating in southern
California. Inquiries solicited.

843. (Mr., Ind.) B.A. with honors, Indiana
University; M.A. Indiana University, June,
1952. Qualified to teach government (American,
comparative, international relations); psychology
(general); economics (principles). I'ive semesters
departmental assistantship (undergraduate, psy-
chology; graduate, government); desire college
position; would accept secondary teaching. Mar-
ried, veteran, 1)7, location immaterial, available
June, 1952.

850. (Mr., Conn.) A.B., Duke, sumjna; A.M.,
Columbia; Ph.D., Columbia, '51. Nine years of
college teaching. Age 36, married, three children.
Victorian Period. Desire permanent position in
university of large college with good library.

859. (Mr., Calif.) B.A., magnuy economics,
Stanford. Married, age 25. Speaks Spanish. Kx-
perience: public accounting and now USAl"" Staff
Personnel Officer. Recently returned from one
and a half years in Japan and Korea. Discharge,
January 1953. Desire domestic or foreign business
position.

860. (Mr., N. Y.) summa philosophy. The-
atrical, radio, newspaper, music experience.
Spanish, French, German. Three years Kurope,
teaching English. Veteran, 25, married and writ-
ing; want job New York.

861. (Mr., Mo.) Blind. Agricultural College
3rd Yr. Subsequent A.B. wagua cum laude; wide
dairy experience, production, field, plant and
laboratory; cultured products, buttermilk, cot-
tage cheese. Want laboratory, plant management
and/or research, special products.

862. (Miss, I''la.) A.B., cum laude; M.A.,
August '52, English and American I/iterature;
age 21, two years teaching experience; desires
teaching position.

863. (Mr., la.) B.A. with highest distinction,
M.A., State University of Iowa. English major;
sjieech, classics, math minors. Single, 25, veteran;
taught one year. Available this fall. Anything
considered for first year out of army. Midwest,
Southwest, Pacific states.

865. (Mr., N. "^'.) Public relations director for
large community chest, now in Army, seeks chal-
lenging position by October. Writing, editing,
college teaching, radio, health education experi-
ence. B.S. magna cum laude; M.S. in journalism,
Northwestern University.

866. (Miss, N. \ .) A.M.; three years college
teaching, classics dept.; wants N. Y. C. position:
education, proofreading, editorial, research,
office, other.

867. (Mr., Ind.) Age 35, single; B.S. summa.
Northwestern; Ph.D. Harvard, English; travel
abroad; publications English and American lit-
erature; college and university teaching experi-
ence. Available Sept. 1952.

868. (Mr., Mo.) Ph.D. Wisconsin; teaching,
research, or administration; age 42, married, one
child. Teaching experience in Erench, Spanish,
Italian, Portuguese, English, German. Research
also in the chief Slavic, Oriental and Classical
languages. Author of 10 books.

CHANGE OF ADDRESS

Members are urged to report
changes of address promptly.
No changes can be recorded
without their help. One month's
notice is requested, in order to
avoid interruptions in receiving
The Khy Reporter and other
Phi Bet^ Kappa mail. Members
are reminded that they should
report not only the new address,
but also the previous one. When-
ever possible, members should
enclose the stenciled address on
The Key Reporter, to facilitate
recording the change. This in-
formation should be directed to
Phi Beta Kappa, Phi Beta Kappa
Hall, Williamsburg, Virginia.

*BK

Phi Beta Kappa Hall
Williamsburft, Va.

IMoasc solid illustrated order blank
sliowiiig the sizes of the $5, S6.50, and
$7 keys, bars, and pin attachments to

Name

Maiden Name.

A ddress .

To the Editor

The question at the end of the review article,
"College. . . AHiatus?"(KEYREPORrER,May,
1952) has stimulated me to respond to a writer
as I usually do not. But I should like to telescope
directly a reply to the challenge presented.

My college experience is still relatively recent,
as yet only beginning to be leavened by experi-
ence, and my present daily life is still related to
a University atmosphere. The conviction that
my liberal arts background is sound and "prac-
tical" is not lessened by these facts. Because I
am beginning in a profession that is, as yet, not
academically respectable, the stimulation to
learn that 1 have received, and continue to re-
ceive, I prize very highly.

When a friend of mine decided, as I had done,
to enter that nebulous field of "personnel and
guidance," one of her professors sadly remarked,
"Oh, and she was such an intelligent girl, too!"
Why intelligence is not a prime requisite for
people who are deciding to enter a profession
working with the complex personnel and inter-
personal relationships of individuals as members
of groups is not exactly clear.

My background, brief as it is, in the study of
the humanities and the sciences seems to have
enabled me to gain a perspective for interpreting
the complicated reactions of myself, of my fellow
staff, and of my student groups and counselees
as part of the total societal forces that have ex-
isted since man began functioning as a social
animal and as a part of the vaguely understood
world before that time. It seems to me that, in
all humility, 1 can at least begin to find a direc-
tion for the search toward an understanding of
the almost un-understandable cause and effect
relationships in the insecure world we personally
know. Because I have this feeling of not only
wanting to find direction, but also of beginning
to think 1 glimpse at least a few basic problems,
it makes me very exasperated to find myself de-
fined as a member of a "Lost Cieneration." I
don't feel lost and I rebel at the definition!

At a student-group meeting, the students were
planning a program for Fall in which they
wished to help the members of their organization
evaluate what progress we, as an organization,
had made and to plan for the coming year's ac-
tivity. Several members wanted to explore such
ideas as "What responsibilities does an individual
have in a group?" and "What do we mean by
independence?" I encouraged the exploration
although the suggestion that they were tackling
problems that have concerned mankind for
centuries apparently took them aback. My back-
ground of study and experience, although still
sketchy, should enable me to be of a great deal
more assistance with this future planning than if
I had little or no knowledge of some of the his-
torical back-drops to our present community.

I feel that my study up until now has
helped provide direction for thought and living.
I humbly acknowledge the tremendous experi-
ence my college years have meant and are mean-
ing to me — both those experiences within the
classroom and those without it.

It enables me to feel that sometimes I may be
able to combine faith in ideas with the practical
applications of action in a profession that is ex-
tremely challenging. I hope that it will continue
to help me to be not a "sitter-outer" but a par-
ticipant in some way in the stream of work that
is being carried on in trying to understand a
confusingly complicated universe.

Catherine Walker
Ohio JState Universitv

THE KEY REPORTER

Strife continued

Academic freedom has two benefi-
ciaries — the man who practices it, and
the rest of society which is kept alert
by its practice. The first man to recog-
nize the .social function of the libertas
philosophandi was perhaps Socrates,
who asked for a pension so that he
might continue to question and to be
the gad-fly of Athens. Academic lib-
erty can never be secured on the pre-
mise that it is a privilege of the few
who teach in college. You could easily
take away the right of freedom of the
press if you interpreted it only as a
privilege of the few who write books,
or you could destroy freedom of reli-
gion if all it guaranteed were the privi-
leges of the few who preach. I invite
your attention to John Stuart Mill's
succinct formulation of this thesis:
"The peculiar evil in silencing the ex-
pression of an opi^rtion is that it is rob-
bing the human race''

This peculiar evil is visible even to
the most blind when it is a question of
scientific research especially in fields
of great practical importance. I do not
know of any effective vigilante groups
in this country likely to wrest from the
faculties of engineering and medical
schools the right to explore the un-
*)MW>wn and impart their discoveries to
students. But because immediately
visible practical benefits do not flow
from research in history, anthropology,
philosophy, and literature, and because
many of the conclusions reached by
research in these fields are intellectu-
ally irritating to a settled society, it
is relatively easy to find men to
do hatchet-work on textbooks and
teachers.

The strategy in winning this strife
of the faculties seems to me to be very
much like that required for wisely re-
solving the strife between professional
and liberal education within the facul-
ties. We must find some way to con-
vince those who influence education
that education is for the whole man,
man thinking, man deciding, and man
acting freely, not for the human ma-
chine or the human slave. We must
make them know that the universities
can serve their high calling only in an
atmosphere of freedom — not merely
academic and legal freedom, but free-
dom also from the notion that the
future will be just like the past, so that
they will no longer think that educa-
tion can now stand still.

r<^

Council continued

Directly acnjss Second Street from
the Morgan home is the house in which
Henry Clay and Lucretia Hart were
married in 1799. A few years later Clay
completed his mansion at Ashland, and
this home was maile a national shrine
in 1950 and is ncjw open to the public.
Henry Clay was among those who
fought to make Lexington the capital
of Kentucky, but all attempts were
unsuccessful and the state's capital is
still located at l^Vankfort, a much
smaller town about 27 miles northwest
of Lexington.

Memorial Hai.l, University of Kentickv

Many of the nation's outstanding
breeders and owners of thoroughbreds
have long made Lexington and Fayette
county their h(jme, and most ot the 350
horse and livestock farms in 1^'ayette
county rival any in the world tor
beauty. The late Warren M. Wright's
Calumet I^'arm, located on the beautiful
Versailles pike, probably draws more
visitors each year than any other farm;
but Spendthrift Farm, Walnut Hall,
Castleton, .Spindleto}^ Dixiana and
many others also ofler Bluegrass beauty
at its best. Not least among the sights
for tourists is a larger-than-life-si/e
statue of Man o'War on the S. 1). Kid-
dle Farm.

Visitors to Lexington aliiiost never
fail to ask how the city got its name,
and the average citizen can tell you
that "Lexington" was chosen as the
name of the new settlement by a group
of pioneer hunters in commemoration
of the Battle of Lexington, Massachu-
setts, fought April 19, 1775. It seems
strange that the name of a southern
city comes from a northern incident;
but this is a happy proof of the unity
of our country.

Help for Small Colleges

A new plan described by David Tay-
lor Marke in an AP news release, June
8, will be watched carefully and hope-
fully by educators and administrators
of the many small colleges whose finan-
cial status has become increasingly
precarious thnnjgh decreasing enroll-
ment, rising prices, and dearth of
benefactors.

In eight states, Illinois, Kansas,
Kentucky, Michigan, Minnesota, Mis-
souri, New Vork, and Ohio, the small
independent and denominational col-
leges, unsupported by tax funds, have
already formed state "foundations"
for which the member colleges solicit
funds collectively and in which all mu-
tually share. In at least seven other
states similar plans are in progress.

These plans seemed based upon a
sound principle: that the small colleges
can more successfully tap the sources
of American wealth collectively than
they can individually. Sources of reve-
nue in American industry become
chary when petitioned by too many
separate colleges seemingly in compe-
tition with each other. And yet Ameri-
can industry has a large stake in the
small colleges.

In the words of Laird Bell, chairman
of the board of trustees at Carleton
College, "Freedom of education and
freedom of industry are wrapped up
in each other. If one falls, the other
falls. The support of these colleges of-
fers an opportunity for business states-
manship. If we can't support them,
sooner or later they will have to turn
to government and eventually that will
mean government control."

The Christian Gauss Award

Phi Beta Kappa's annual prize
award of 51, (XX) for the best book of
literary scholarship or criticism pub-
lished by an .Aitierican university press
between July 1, 1951 and June 30,
1952 will be awarded for the second
time next December.

A committee under the chairman-
ship of (j. .Armour Craig, professor of
Knglish at Amherst College, is now
considering entries. Other members of
the committee are Carlos H. Baker,
professor of P.nglish at Princeton L ni-
versity, J. N. Douglas Bush, professor
of Knglish at Harvard University, Jus-
tin M. O'Brien, author and educator,
and Franklyn B. Snyder, president
emeritus of Northwestern Lniversity.

V

AUTUMN, 1952

COME

\

THF^

American

Scholar

kQ:

^AKTERtV^ORTHE

INDEP

ENDtNT

THlNKBB

Ph\ Beta Kappo HaU,
V/UUomsborg, ^ira

sena THE A

to

please
,,eoddressbelov-»o,-.

Q 3 years >/-^^

Home
Street
City
Maiden Home-

MEinCAH SCHOLAR

Q Remittance
enclosed

State-

ACE...

THE AMERICAN SCHOLAR

WILL OBSERVE ITS TWENTY-FIRST BIRTH-
DAY THIS FALL . . . A SEASON OF
DECISION.

THERE WILL BE NO CELEBRATION OF
THIS OCCASION, NO SPEECHES, NO
BURNING CANDLES. IN ITS UNPRETEN-
TIOUS MANNER, THE SCHOLAR - ITS
EDITORIAL BOARD, STAFF AND THE
SCORES OF CONTRIBUTORS WHO HELP
TO MAKE IT THE COUNTRY'S/nfftDINQh.
GENERAL QUARTERLY- WILL ^■"TlHrY^
ITS EFFORT TOWARD PRODUCING AN
HONEST PUBLICATION, FEARLESS AND
FORTHRIGHT IN ITS TREATMENT OF
CURRENT PROBLEMS, SENSITIVE AND
RESTRAINED IN ITS INTERPRETATION OF
CULTURAL TRENDS.

In the Autumn Number. •#

CONSERVATISM: THE FORBIDDEN ^ ♦^

FAITH Raymond English

THE FEAR OF IDEAS Julian P. Boyd

THE SCHIZOPHRENIA OF BERNARD

SHAW Arthur H. Nethercot

COMMUNISM AND THE INDIAN

ELECTION Samuel Schwartz

THE HIGH-LEVEL FORMULA OF

J. P. MARQUAND Leo Gurko

THE KEY REPORTER

POSTMASTER. If undeliverable at your
office and addressee's new address is
known, please forward, rated with postage
due to cover, forwarding charKe. Unde-
liverable copies should be sent to:

PHI BETA KAPPA

Box 67, WilliamsburK, Virginia
Forwarding and return postage guaranteed

Entered as second class matter at the
Post Office at Concord, New Hampshire-
Additional entry at New York, N. Y.

Ir. Crnst K. Kantorowicz
22 Alexander St.
Princeton, N. J.

CB52H

RUMFORD PRESS
CONCORD. N H

SujiTcme Couri of the United Staies^
Merr„OTandum

194.

'./^,. T/d

AiA^Lay^

«

a:^ ^y^ ^'^(r^^v

1952

CONGRESSIONAL RECORD— APPENDIX

A 537

tlnp their apalnst each other. There l6 no
need tf> nilnlmlzr or deny. In fact, It would
be WTonp to dc so, honest and real political
and rellj-'lous differences.

The ability of a feu st; :. to build a

bipartisan foreign policy u... . carry it on
with success for a time showB that the com-
mon good, morjU pnllttPHl sopial, eco-
nomic and even Internntlonal can be a real
rallying point for all those who have a
persona] moral code.

Lonp-term oblertlves:

Parentfc and all those who hnve a respon-
sibility to the comlnp generation can exer-
cise their right and duty to remove not only
the subversive eiemente hut also the irre-
sponsible cynics, the teachers of selfishness
and open immorality, from the fleldjB of edu-
cation and entertainment.

POSmVI; EPTORTfi

Thlf; is not accomplished by generalissed
attacks on our school systems, but by calling
for the improvement of what is good and
practically necessary. This involves also two
positive efforts: first, to restore the teacher
to the dignity in which he used ic be held,
and, seronti K make hit salary such that
he can live like a decent human being.

How can the Nation be good if lt8 citizens,
collectively, are not? Tin reformation of
personal life is a step in the improvement
of the culture "We need examine our own
conduct, strengtlien our own wlli tc do good,
refurbish our own ideals. Moreover, good
Individuals not onlv add up tc make a good
group but the influence of theii example
can be tremendous .

Ultimately, our concern with morality
must look tc the doctrinal basee of all moral
ideaf^ and practices and to their natural
cradlt God it the source of morals, not
their beneficiary. Morality Is nurtured in
the home, in the school, and within the
bosom of a dignifylnp and complete religion,
Very sincerely yours.

Paul C. Rknxbt, S. J.

Dear M&. Ray: One of the principal causes
of the decline of morals In public life hat
Ijeeii the flight away Irom politics by some
of our bes; people.

Many of our citizent seem to have the idea
that politics it an unclear or unworthy
undertalunp Oin Foundinp Pathert^ didn't
feel that way about it. They believed that
helping to operate tlie Government by taking
part in it^ elective processes wafc a vitally
Important duty of citizenship.

Sell-seeKinp individual! havt rushed into
the vacuum created by the departure from
politicf, of many devout, trustworthy citi-
zens. As a result, graft and corruption on
a large scale have besmirched numeroufc p-eo-
era] executive apenciefe

We need more statesmen in Washington
and fewer 5 percentert

We need more ofBceiioldert^ interested in
the publu weliare and fewer interested In
pilfering public money.

I am convinced a reawakening on the part
of leaders in all fields and the people gen-
erally of their duty w? citizens, of their re-
sponslbllitv tc participate actively in public
affairb would go far tc elevate standards of
morality in our Government.
Sincerely yours,

Jamxe p.

Umab Me Rav I sometimef wonder If
Anwrlcan moralt have actually degraded to
the extent we have been led to believe, or if
It te a qiiMtion of indi vidua; transgressing
being deticted and publicized more eflei,-
tlvely than in the paat.

PiimllT lift the unit of civilization, is still
a respected institution. Milllonf of Qod-
fearlnp people lead their lives according to
the age-old principles of the moral law.
Tlicy give miaellialily of tiieir time and ef-

forts to the rearing of children and training
them tc be morally and physically strong.

On a broad scale, certainiy nc nation has
given of Its good fortune with such abundant
charity as have the good people of our land.
While there are a few agnostics, millions
believe in God, profess, support, and attend
religious services, and try. as humans of all
time have tried, to lead better and more
wholesome lives. Such activities are taken
f or p ■ they i commented on

In till .ims of ution. It would

be better If they were

Admitting room for Improvement, I must
Bay our churches and schools are doing a
commendable Job Much of the Idealism
taught in these institutions and held in high
esteem at the time of graduation is aoon
shattered on the rocks of realism.

BLDEBS TO BLAME.

1 often think It is the elders who undo
much of the great work of our religious and
educational PRtublishments. In the practi-
cal world expediency is soon substituted for
prudence. The Ten Commandments are
glossed over in the name of "sophistication "
"Enjoy yourself; it's later than you think,"
has created a philosophy to supplant the
invitation, "Pollow Me." In a subtle way,
many wrongful things have become socially
acceptable, reactlnc like termites on the
social structure.

Actually, I believe in all honesty that
ethical standards in public life are as high
today as they have ever been, recent investi-
gations and disclosures notwithstanding. I
believe, however, that they can be vastly im-
proved, thereby creating a higher morale in
public service which to a notable degree is
governed by the maintenance of high etliical
standards.

Naturally, there are transgressorE in every
walk of life. But I have been constantly im-
pressed by the fact that the vast majority
of oin public servants are sincere, consci-
entious people doing their level best to
render hipL quality service and displaying
the high moral standards which the public
has ever\ right to expect.

Largely as a result of the divergent polit-
ical and Idealistic views held by various seg*
ziient^ of oin population, there is a distinctly
noticeable tendency on the part ol many in-
dividuals ana factions to vilify the man or
woman in public service.

INCBEABINCLT DIF>'1C'ULT

As a result, it has become increasingly dif-
ficult tc persuade outstandlnp met and
women tc accept responsltallity lor carrying
om vital but controveraial public assign-
mentB In many cases the result has been
B stagnation m Goxrernment service and a
glorification of the mediocre individual who
will noT stick his neck out en take a stand
Which miplit draw criticism.

I am sure the average citizen who is
thoughtfu; and responsible deplores the
techniques ol dlBtortion and naisrepresenta-
tlon so evident in many of the caaet brought
tc public attention in recent years. Truth
is the most formidable weapon which can be
used against this type of distortion and
deceit.

lliere is also a tendency in some quar-
ters to consider the average businees execu-
tive as a self-seeking individual who is
against everything except the so-called en-
deavor he represents. That in itself leawa
b Mghly onerous implication.

I believe the answer tc this current atti-
tude is a clearer understanding on the part
of all of om people of the Christian prin-
ciples which have made our Nation the
greatest and most productive on earth.

We are in 6 war against ideology wbltih
Is held with lervor among it* adherents. If
we are to be entitled to God's blessings wc
can do no less The majority who prdew
and adhere tc fundamental Christian con-
cepts must speak out.

Religion Is the only antidote for evil.
We must teach religion We must live re-
Jlr- •'. We muf;t humbly r rod to

li. We have the answer prob-

lem, ii we will, as Chesterton has said: "Give
Christianity a try."

Sincerely yours,

M Darst

Governor Warreo and the Non-Coraroanisf

Oath

SPEECH
or

HON. THOMAS H. WERDEL

or CALIFORNIA

IN THE HOUSE OP REPRESKNTATn'ES

Wednesday, January 30, 1952

Mr. WERDEL. Mr. Speaker, John
Pranclf Neyian Is the dean of the board
of repents of the University of California.
He i& kno^Ti throughout our great coun-
try as one of Its most honorable and
courageous citizens. As a regent of the
University of California and as a patriot
he has for the duration of the dispute
Invoh'inp the required non-Communist
oath by faculty members at the Univer-
sity of Califoml* opposed Governor
Warren's policy to again cave in to the
unpatriotic demands of self-defined
minority fsroups in order to travel in
statesmanlike appearance In the middle
of the road to socialism.

Government Warren again, thRWgli
control of the Republican Party matdiln-
ery in California, seeks to lead a delega-
tion to the Republican Convention In-
structed to himself so that he can bar-
gain and sell it at the Republican con-
vention for his own interests. That has
been done by several self -proclaimed Re-
publican governors of eight large States
for about 12 years. They have given
up a platform and a candidate repudi-
ated by the people of the Nation and by
the people of California for those 12
years. If Governor Warren is success-
ful, he will again completely disenfran-
chise aU those citizens of California who
seek some person for P^esicient toher
than Governor Warren or HBie pemm
other than whom he might choose on the
advice of the Republican international-
ists of our industrial areas. They want
to give UF a tax -and -spend program in
both party platforms. They want to
give us compBlaoryJEPC public housing,
rent control, a cwved-in policy to the de-
mands of all labor leaders, a lack of
secret ballot in union elections, no locai
autonomy in labor unions. They
Washington bureaus to run our
in the local communities.

Mr Speaker. John Francis Neyian has
joined in the great effort being made in
Califomia to insure its people the rigkt
to vote for free delegates to the next Re-
publican National Convention. For that
action he has been referred to by tbe
great statesman Governor of California
UB a "hatchet man." This is the same
statesBuoi iBbo in 1936 led an mtB-
Btructefl 0faegation to the

convention at which time he

lie statements that the only purpose of
an instructed deiooktion was to have it

A538

CONGRESSIONAL RECORD— APPENDIX

January 30

In such shape that the head of the dele-
gation and the newspapers that sup-
ported the delepation could buy and sell
the delegation for their interests; at the
convention.

Mr. Speaker. I think our country
should be advised why John Francis
Neylan believes that a delegation in-
structed to Governor Warren, of Cali-
fornia, to the next Republican conven-
tion is dangerou.s and not in the best in-
terests of either the people of California
or the Nation.

Under leave to extend my remarks in
the Record, I include the following ad-
dress of Mr. John Francis Neylan, regent
of the University of California, on the
occasion of the luncheon held by the
Commonwealth Club at San Francisco,
Calif., on November 23, 1951.

I have another purpose for offering
the remarks of Mr. John Francis Neylan.
There is a growing opinion among
fathers and mothers, lawyers, business
executives, bankers, editors, physicians,
farmers, clergymen, and all others who
turn the wheels in America and employ
college graduates, that life is too short
to teach a college graduate of the Uni-
versity of California anything because of
its Communist teachings.

Ml Speaker, that is not true. Ninety-
nine and one-half percent of the faculty
signed the contract statements required
by the board of regents. The vast ma-
jority of the faculty wanted riddance of
Communists. It was only because the
politicians caved in, as the organized
"pinkos" believed they would, that the
rules to accomplish what the faculty
desired, were repealed. Governor War-
ren made the appointments to the board
of regents that eventually overruled the
board's previous decision. He now
wants to be President.

Mr. Speaker, I assure you the people
of California who understand this sub-
ject believe Presidents should be made
of sterner stuff.

LoYALTT Oaths and Academic Freedom-
Address OF John Francis Neylan Regent
OF THE University of California, Common-
wealth Clttb, San Francisco, November
23, 1951 '

As a birthday present to myself I had
planned to resign on Novembe. 6 the thank-
less responsibility of regent oi the University
of Calliornla. Having served for almost 24
years. I felt I had discharged any existing
obligation.

During almos^ a quarter of a centry, while
the university was ma: ies

toward Its present p: - c -'"y

was a pleasurable burden. One compensa-
tion wa.^ service on a governing body of an
all-important trust with men of Independ-
ence and vision who were unselfish in their
devotion to the trust.

It was the finest board of directors I have
ever known In public or private life. Every
nwmber was the master of his own soul and
TqiKl hi."^ own convictions. Every problem
was settled on Its merits.
There were no blocf^ of votes.
Another great compensation was the en-
joyment of the acquaintanceship or friend-
ship of members of the faculty and admin-
istrative staff. My own life has been en-
riched by knowing men of genius in science.

' Dr. Monroe Deutsch had addressed the
club on November 2. 1951. Mr. Neylan was
invited to answer iiim.

outstanding men and women scholars In
other suh and some c ile

1 have e ;■ In admlin ■_ , , irs.

The suggestion that either I or any other
older regent ever did or W" "p.-

Justlce to these people is a -e-

hood which has been spread abroad by men
anxious to divert attention from the facts.
Throughout the academic world particularly
the regents have been pictured as "commis-
sars of education" and low-browed villains.

In a controversy Involving an Institution
dedicated to the discovery and dissemina-
tion of truth, I say again, truth Itself was
the first casualty.

The address delivered here on November 2
was not the only reason for canceling my
birthday present.

I came to the conclusion that In these
days, when young men are being oonscrlpted
for war, older men have an obligation to
serve on the home front.

Additionally, I have become weary of com-
plying with the Biblical Injunction to turn
the other cheek under a barrage of slander
and libel churned out In a pressure campaign
by men determined to rule or ruin a great
institution. From now on these gentlemen
who apostrophize the truth shall also face It.
1 speak only for myself — but I shall speak.

Among the scholars we knew, admired,
and respected was Dr. Monroe Deutsch. It
was a pleasure to Join In electing him provost
at Berkeley and vice president. In all his
years as an administrative officer I am sure
there was never an unkind word between him
and the regents.

What happened to embitter him In the
last 2 years of his service has never been
clear. %

Certainly, the regents had no part In the
matter, and I for one never suspected that
this gentleman, who seemed so friendly,
really had a contempt for businessmen, law-
yers, and the like.

Conceding that his somber attitude and
activity In campus politics were warranted,
certainly he can afford now to be generous,
and become once again the kindly scholar,
interested In the welfare of the university.

On Friday last the regents, as now consti-
tuted, confirmed his position as the de facto
managing dlrectcr of the Institution. The
vote to abandon the anti-Communist state-
ment on the annual contract of employment
demonstrated his power to control not only
the president and the board of regents but
to override the expressed view of a great ma-
jority of the faculty.

No one could give an Intelligible reason for
the action while the matter is pending be-
fore the Supreme Court. Anyone with an
elementary knowledge of law will realize that
the action may compromise seriously the
constitutional powers of the regents and the
Independence of tlie university.

However, it is an accomplished fact, and
from here on Dr. Deutsch bears a very great
responsibility.

With this In mind, let us examine his
address of November 2 before this club.

Having read it three times, I am still
puzzled as to the reason for this bitter
public attack on the regents and the rehash
by Innuendo of charges wiiich have been
refuted times without number.

The inescapable Implication of the sj^eech
Is that academic freedom and tenure were
violated at the University of California,
However, tiiere is no specification or bill of
particulars.

We are left to assume that the violation
arose when 18 members of the faculty refused
In 1950 to sign an anti-Communist state-
ment on their letters of acceptance of ap-
pointment.

The speech fits In with a pamphlet issued
by a committee of the academic senate and
disseminated far and wide, picturing the
university as being in desparate straits and
all but a deserted and sinking ship.

These people must be terribly disappointed
with th' of the news that two

of our s. just been awarded the

Nobel prize In chemistry, and that the real
11 "' >ut their

tc:' ^ _ .-d to the

calamity shouting.

I have never heard that the re^carii. ur
teaching of any one of these scholars hais
been Interfered with or censored.

The deeper you go Into this — '-iversy,
the more clearly you will uno d the

great underlying Issue.

On October 11, 1940 (I repeat. 1940) the
regents declared members of the Communist
Party were not free to pursue the truth and
were not capable of objective teaching.

The American Association of University
Professors has decreed and now decrees that
no board of regents or trustees shall dis-
criminate against a Communist.

On March 22, 1950. the faculty (and again
1 say the faculty) of the University of Cali-
fornia, after a year's discussion, voted In a
majority of 80 percent (I repeat 8r Mt)

to sustain the regents' policy and ; he

policy of the American Association of Uni-
versity Professors.

This action by a faculty of the dignity and
distinction of ours was a body blow to am-
bitious men.

Since that date the Communists, fellow
travelers, and campus politicians active In
AAUP affairs have made common cause In
smearing regents, and trying to delude the
faculty by false alarms about academic free-
dom and tenure.

They hate the policy endorsed by the
faculty, but do not dare say so.

There has never been a dispute between
the faculty and the regents in all the years
I have served.

In order to understand this situation, of
course. It Is necessary to keep in mind the
different parties.

First, you have the faculty, which is prop-
erly rated as one of the greatest in the world.
It Includes men and women of distinction
who have achieved the highest honors In
their respective fields. The vast majority
of them are modest, loyal Americans who do
not want to bother with campus politics.

Secondly, you have the academic senate,
which Is supposed to represent the faculty.
Unfortunately, during the last couple of
years It seemed more concerned with In-
creasing the power of the American Asso-
ciation of University I*rofessors over higher
education In the United States.

In dealing with the regents It has re-
peatedly been guilty of bad faith, and has
sanctioned disreputable tactics to defeat the
will of tlie faculty.

It has been controlled by a relatively small
coterie of politically m.lnded members on
each campus.

Thirdly, you have the president of the
university, who has been vested with very
great administrative power. For 50 yeart
prior to September 29, 1949, the president
was the sole channel of communication ite-
tween the faculty and the regents. On that
date, i) of m;

were ei.u....,.^."ing tht .: . .„■- ;.^....„

met with faculty representatives.

Fourth, you have the regents, wh -

Ignated by the Constitution of Ct;
trustees of a public trust Traditionally,
membership in the boar-c' '

coiisiuereci tht iu<:iieFt t:
State could receive.

Finally ■

creasingly ; . - -r; ^- : :.

known as the American Association of Uni-
versity Professors. I
ever heard of it, and :

a single member of Its hierarchy. Yet the
name of tt tltutlon. r- - '■''•- to no

Olio. Is mt cl as a ne: ch van

destroy any great university. Tnis associa-
tion has decreed that no board of regents or

1952

CONGRESSIONAL PvECORD— APPENDIX

'^•^0

»"•>«/

trustee-; shnll discriminate against a member
of the Communist Party.

The incurring of the displeasure of the
AAUP risks blood-curdling consequcncles.
May I read from a high-pressure pamphlet
circulated by Dr. Deutsch. August 22. 1950,
before he controlled the Board. In addition
to a letter by Dr. Deutsch is contained one
by Prof. John D. Hicks.

Picturing the consequences If the regents
did not permit a «issident minority to dic-
tate to the governing body and 90 percent
of the faculty, he wrote:

"The reputation of the university will drop
to an all-time low. There will be the custom-
ary investigation by the American Associa-
tion of University Professors, followed by a
devastating and well-publicized report. The
University of California will be black-listed,
and all good men will be warned to avoid it.
There will be few immediate resignations, for
most of us cannot afford that luxury, but
gradually the valuable men on our faculty
win accept calls elsewhere, while our efforts
to recruit competent scholars from the out-
side will fail (as they are already failing).
The same dry rot that has virtually destroyed
the University of Texas, following a similar
episode will set in at California."

How do you free-born American citizens
like thai kind of a threat?

The majority of the regents at that time
failed to become terror-stricken, and the
university still lives.

Perhaps you see why I classify the
AAUP as an important party.

I have refrained from enumerating Dr.
Deutsch because he does not exist as Ife pow-
erful factor de Jure.

With this segregation of the parties In
mind, let me suggest that you determine
for yourselves the truth or falsity of charges
or innuendoes that academic freedom or
tenure has been violated by the regents.

You can reach a verdict on documentary
evidence which exists and tells the entire
Btory. You do not need accept anyone's
word.

As citizens, you are entitled to these docu-
ments, v.'hich can be obtained by writing to
tlie secretary of the regents at Berkeley.

THE SPROUL OATH

The present tragic controversy stems from
a form of oath adopted by the regents March
25. 1949. The faculty was led to believe
this oath was devised and prescribed arbi-
trarily by the regents witliout consultation
with tlie faculty representatives.

This was false. The verbatim minutes
show that without prior notice President
Sproul urged the regents to adopt a form
of oath wlilcii for the first time mentioned
communism.

He urged its adoption in a plea that the
hand of the president be upheld and his
authority clarified.

The regents present voted the oath in tlie
exact language presented by President
Eproul. Do you believe President Sproul in-
tended to insult the faculty or to abolish
academic freedom?

I was not present. I am sure you will be
Interested in the fact that Regents Fenston,
Hansen, and Heller voted for the oath.

Senator Tenney and the regents have been
blamed. I urge j'ou to get the verbatim
record,

THE SPROTTL-HILDEBRAND OATH

My first knowledge of the oath was when I
read about it in the newspapers on my re-
turn in May 1949 from a vacation. Appar-
ently the faculty had a similar experience.
Why President Sproul did not give special
notice of such an important matter is unex-
plained. Additionally the press quoted the
president as saying he "had been little more
than an assistant draughtsman" In relation
to the oath.

Members of the faculty objected vigorously
to some verbiage in the oath and expressed

surprise the regents had acted without con-
Bulting the faculty.

Inasmuch as the regents had a right to
R.«>sume the president had cleared the matter
with his academic advisers, a request was
made that he Inform the faculty he was
the autnor.

He pleaded that such a disclosure would
end his usefulness with the faculty, and that
he was working the matter out. Once again
the regents absorbed criticism for acts of the
president.

One June 24. 1949, President Sproul dis-
played to the regents a letter from the aca-
demic senate advisory committee, signed by
Dean Joel Hildebrand, chairman of the
committee.

This letter siiggested a substitute form of
oath, and President Sproul pleaded for the
adoption of this form.

It was adopted unanimously by the regents
and a Joint statement was issued on behalf
of the regents, the president, and the aca-
demic senate.

Dean Hildebrand Issued an Individual
statement to the press in which he claimed
(yes. I said he claimed) for the academic
senate the authorship of the oath adopted
that day.

His press release is a part of the official
records of the academic senate June 28, 1919,
and reads as follows:

"President Sproul was kind enough to tele-
phone me from Los Angeles earlier this eve-
ning to tell me of the action of the regents
concerningf the loyalty oath. I learn that
they adopted, with one modification, one of
the alternatives for dealing with the situ-
ation proposed by the advisory committee of
the northern section of the academic senate
and concurred in by the committee of the
southern section. The modification consists
in naming the Communist Party, but this
ban is one of long standing which the faculty
has never que.stloned. The wording which
we proposed we regarded merely as an ex-
planation of the oath prescribed in the Con-
stitution of the State of California. The
regents are evidently Of the opinion that
such an amplification is not illegal.

"While many members of he faculty will
Btill feel sad that any oath is regarded as
necessary, they recognize that the present
state of public opinion may make it seem
expedient. At the same time, I am sure that
the willingness of the regents to adopt a
soluion proposed by the authorized commit-
tees of the academic senate will go far to
restore the mutual confidence between the
regents and the faculty which we have long
enjoyed.

Joel H. Hu^debrand."

Do you believe Dean Hildebrand and the

academic : y committee Intended to

insult the .. J or abolish academic free-
dom or tenure?

I suggest you get a copy of the Hildebrand
press release and of tlie minutes of the
regents, June 24, 1949.

ACADEMIC SENATE REPTTDIATES

I would suggest you next get a copy of the
minutes of the regents' meeting at Los An-
geles September 23, 1949.

In that record you will find President
Sproul reported that the academic senate
had repudiated the agreement of June 24
which its own advisory committee had
suggested.

The regents were shocked, and being fear-
ful of the effect on public opinion, some of
them demanded that a statement setting
fo'-th the exact facts be furnished the faculty
and given to the public.

The faculty (please remember I asked you
to dlflferen* ' .-*-,-, the faculty and the
academic arently was as be-

wildered as the regents.

President Sproul opposed a statement of
the facts, saying such a "statement was an
Indictment which would tend to destroy the
president's relations with the faculty."

the r' ■ ■ " 0 criticism

c i)y the ; t..

The record shows, however, that Regent
Ncylan gave notice that "if- there are any
more »talrments which are equivocal or un-
truthful he personally would Issue a state-
ment of the facts."

Thereupon, for the first time in 50 years, a
committee of regents was appointed to meet
a committee of the faculty.

I suggest you get a copy of these minutes.

AGREEMENT OF SEPrEMBER 30, 1949

I suggest you secure a copy of the minutes
of the meeting on September 29 between the
committees of the academic senate and of
the regents, and of the meeting on Septf r -
ber 30 of the academic senate commii
with the board of regents. You will note
Regent Ehrman and the late beloved Maurice
Kfi'-rison wore members of the regents com-
mit tf^.

You will find therein a record of frank dis-
cussiosn and cordial agreement — resulting
In another Joint statement to the public. I
am sure you will be impressed with the
tribute paid to the regents by Dean Hilde-
brand. the senior academician present.

It was agreed the policy of exclusion of
Communists would be enforced, and that all
members of the faculty would sign the oath
or an affirmation acceptable to the regents.
It was also agreed that both parties would
seek further and better implementation.

Again all was peace.

ACADEMIC SENATE REPUDIATES AGAIN

You should next secure the minutes of
the meeting of the academic senate of Nov-
ember 7, 1949.

More than 600 members of the faculty at-
tended and approved the agreement between
the academic senate committee and the
regents.

At 7 o'clock some 300 members of the
faculty understood the principal business
had been disposed of and went home to
dinner.

What followed undoubtedly will sound
familiar.

A motion was made and carried by a
rather close vote repudiating the agreement
of September 30 and appointing a new com-
mittee to reek a meeting with the regents.

Again the regents were mystified by the
obvious bad faith, but had the responsibil-
ity of the university.

The cochairman of that committee, Mr.
Davi.sson of Berkeley and Mr. Grant of West-
wood Campus, requested a meeting to ar-
range an agenda.

As chairman I met with them. It was in-
teresting.

Mr. Grant proposed In so many words that
the regents abolish the oath and turn the
whole matter over to the academic senate.
He contended th' ' 'ty. were not in favor
of the regents" p eluding Communists,

that they favored the American Association
of University Professors' policy protecting
Communists.

He assured me. however, there were ways
and means of getting rid of people when they
came up for promotion or salary Increases.
He said the Communist thing need never be
mentioned.

I had heard vague rumors of this sort of
thing, but this was the first time I v • r

advised at first hand by a campus p a

figure who really knew.

I told him that sort of thing had gone out
of vogue in Anglo-Saxon countries 300 years
ago; that it was abhorrent to take away a
man's livelihood without permitting him to
defend himself.

I am sure Mr. Grant did and does con-
sider me too naive to understand.

To confirm what Mr. Grant says about the
power of such campus politicians, let me
quote from the Year of the Oath by Prof.
George Stewart, page 127, published in 1950:

"And actually a professor serving as regent
would not normally have nearly so much

A540

CONGRESSIONAL RECORD— APPENDIX

January 30

power over the lives of his colleagues as a
professor now serving on the budget com-
mittee" (of the .university).

This Stewart book was acclaimed in 1950
by the campus politicians.

The author was a fiction writer, and In
this book he stuck to his trade.

This gentleman was so devoted to the pur-
suit of the truth that he refused to examine
the offlcial records of the regents which were
offered to him. His refusal is in writing.

But can you Imagine the power he refers
to?

Do you think these campus politicians
would be too high-minded to use It?

We could not agree but fixed a date for a
meeting of the committees on January 4,
1950.

TTLTIMATUM OF JANTTART 4, 1950

On January 4, the academic advisory com-
mittees of Berkeley and Westwood met with
the regents' committee in San PYancisco.

In a preliminary statement the academic
committee said —

"This committee believes that the freedom
of the individual member of the faculty to
pursue his research and teaching Is as un-
impaired as ever."

We requested that with this In mind we
start from a sound foundation of the agree-
ment of September 30 to seek further and
better implementation of the policy exclud-
ing Communists.

Then and there the object of all the bad
faith and maneuvering was disclosed.

Mr. Grant served an ultimatum to the
effect that there was no use talking Imple-
mentation of the regents* policy because the
faculty was In favor of the policy of the
American Association of University Profes-
sors.

Mr. Grant said, "We might just as well face
It here."

To say that the regents were shocked would
be a mild description. It meant that not
only were all the agreements repudiated,
but that the policy adopted in 1940 was
also repudiated.

When asked what they thought the re-
action of the public would be to any such
announcement Mr. Davisson inquired cynic-
ally, "Why do you have to tell the public?"

I urge you by all means get the verbatim
minutes of that meeting.

The regents realized agreement with the
academic senate was hopeless.

REFERENDXTM VOTE OF FACtTLTT

On February 24. 1950, the regents, by a vote
of 12 to 6. decided to enforce the plan agreed
upon September 30. A public attack on the
regents started February 25. The policy of
governing the university by high-pressure
groups was inaugurated by the six.

Early in March 1950. a large segment of
the faculty revolted against the tactics of
the academic senate, and at a stormy meet-
ing demanded a referendum vote on the
questions of the Communist policy of the
university and upon means of Implementing
the policy.

On March 22, 1950, after a year's discus-
sion and by a majority of approximately 80
percent, the faculty repudiated the policy
of the American Association of University
Professors and endorsed the policy of the
regents excluding Communists.

On that same day. by a majority of ap-
proximately 90 percent, the faculty adopted
a second resolution which requested the
regents to abolish the Hildebrand-Sproul
oath and substitute an anti -Communist
statement on the "letters of acceptance of
salary and position."

Following is a verbatim quotation of the
faculty proposal:

"All future letters of acceptance of salary
and position will contain a statement that
the person concerned accepts such position
subject to the university policies embodied
in the regents' resolutions of October 11, 1940,

and June 24. 1949. excluding members of
the Communist Party from employment in
the university, and in university regulation
5, endorsed in the regents' statement of Feb-
ruary 24, 1950."

It would seem nothing could be clearer
than that the faculty overwhelmingly en-
dorsed the rejection of Communists, re-
quested the abolition of the Hildebrand-
Sproul oath and suggested the implementa-
tion of the policy by a statement on the
annual letters.

Early in April a committee of distin-
guished alumni studied the whole problem
and recommended the adoption of the fac-
ulty's suggestion. The committee even set
up the wording to be used.

On April 21, 1950. In a meeting at Davis,
the regents, by a vote of 20 to 1. adopted the
faculty-alumni plan without changing a
word or a punctuation mark.

Mr. Mario Giannini, wearied of the re-
peated bad faith, voiced his suspicion the
regents and the faculty would be tricked in
some manner not clear at the time. He felt
60 strongly he resigned from the board, over
protests of his colleagues.

Could any sane person believe the faculty
was asking the regents to abolish academic
freedom?

President Sproul and Provost Emeritus
Deutsch addressed the academic senate.

Sproul 's statements were equivocal; and
Deutsch said: "If he were a professor, he
would hold his nose and sign the statement."

Both of the gentlemen cringed to the aca-
demic senate politicians and kept themselves
In the good graces of the American Associa-
tion of University Professors.

Regent Giannini's suspicion was proved
sound overnight.

Once again Sproul misled the faculty.

When an absurd Interpretation of the
alumni plan was called to my attention on
the morning of April 22, 1950, I tried to get
President Sproul on the telephone, and find-
ing that impossible I wrote him a letter,
which was delivered by ir>essenger. The letter
speaks for itself, and Sproul has not answered
It up to this moment.

"April 22, 1950.
"President Robert Gordon Sproul,
"University of California,

"Berkeley, Calif.

"Dear President Sprottl: Have tried to
reach you by telephone since 9: 15 this
morning.

"I have been besieged with questions con-
cerning quotation of yourself by Professor
Hicks in statement to press. He quotes you
as saying nonsigners of new contract pro-
vision will not be dismissed In spite of un-
willingness to sign the suggested contract.

"Believe it vital to welfare of university
that you correct immediately this absurd In-
terpretation of yesterday's action by regents.
This interpretation would destroy the plan
formulated by the alumni council and
adopted by the regents. It would constitute
a fraud on the people of California.

"You will recall that on Thursday after-
noon you and I discussed this exact question
after the alumni committee had rejected a
proposal which would have made such an In-
terpretation possible.

"You will recall you gave me your assurance
you understood the position of the aliimni
committee; that you conciured In It, and
that you would stand on It.

"Failure of a forthright stand by you im-
mediately may precipitate a disaster.

"Regent Glannlnl warned yesterday that
once again the regents were making con-
cessions to a dissident minority which would
take the concessions and repudiate the bal-
ance of any agreement, as they had repeat-
edly during the last year.

"In common with other regents, I accept-
ed the alumni plan in the highest good faith
and on your assurance that as administra-

tive head of the university you would ad-
minister it according to Its terms and the
true Intent.

"On page 2 the alumni plan recites:
" 'Therefore, In the opinion of the com-
mittee, the question becomes one not of
whether the faculty should declare them-
selves individually with respect to member-
ship in the Communist Party, but rather the
best method of such declaration.'

"The plan then sets forth the method.
"To say now that the plan contemplated
letting any and all faculty members avoid
the declaration is absurd and obviously
fraudulent.

"I urge you to act promptly.
"Sincerely."

I have not yet received an answer.
In spite of the activities of Sproul and
Deutsch, more than 99 '/a percent of the
faculty signed the contract statements.

A group of nonsigners demanded a hearing
by the academic senate committee on privi-
lege and tenure.

The politicians of the academic senate
promptly disbanded the existing committee
en privilege and tenure — which included
some very independent schools — and ap-
pointed a new committee.

The farce which followed is almost un-
believable.

At the regents' meeting of June 23. 1950.
President Sproul made a report and a num-
ber of motions.

He first moved to discharge from the uni-
versity 157 younger members of the faculty
who d^ja not belong to the senate and had
not signed the anti-Communist statement.
This carried unanimously.

Next he moved (and I beg of you to note
this category very carefully) to discharge six
members of the faculty who belonged to the
senate, who had acquired tenure, and who
had the courage to stand to their guns and
refuse to say whether they were Commu-
nists or not.

There was not one word of evidence or any
suggestion any one of these six was a Com-
munist. Yet the committee on privilege and
tenure made no move to protect them —
President Sproul moved to discharge them.

Subsequently, President Sproul, Governor
Warren, and the other regents In the War-
ren bloc of votes Joined In discharging these
six people.

President Sproul next moved to accept the
recommendation of the committee on privi-
lege and tenure to retain 62 faculty members
on the ground they were not Communists.
These sixty-two claimed that the anti-
Communist statement constituted an Inva-
sion of their freedom and they would not
discuss their political beliefs.

Whereupon, they turned around and dis-
cussed the matter with the committee on
privilege and tenure.

The suggestion that these 62 cases were
reviewed by the committee Is farcical. The
whole investigation of each case averaged
an hour, according to Dean Proeser of the
law school.

On July 21, 1950, in the absence of three
regents known to be exposed to the mo-
tion. President Sproul and Governor Warren
forced through the board a favorable motion
by a vote of 10 to 9.

On August 25. 1951. this was reconsidered
and the nonsigners were rejected by a vote
of 12 to 10.

Eighteen of the nonsigners In-ought suit
against the regents.

This suit was decided against the regents
by the district court of appeal In April
1951. Eminent counsel advised us the opin-
ion was erroneous.

Because of the importance of the case. It
was deemed Important to have a decision ol
the regents' power by the Supreme Court.

At Berkeley, on April 13. 1951. Provost
Emeritus Deutsch announced there was no
need to continue the litigation. His viewi .

1952

CONGRESSIONAL RECORD— APPENDIX

A541

were communicated to the regents In a let-

At tl^e April meeting of the regents a few
days later the Warren bloc of votes endeav-
ored to prevent even an application for re-
hearing by the district court.

While this absurd move was pending, the
supreme court took over the case on its own
motion, and it has been pending there ever

sl II C 6 .

By a process of appointments to the board,
the Wrrren bloc Anally had a majority, and
with obvious glee at the meeting of the
regents In October voted to reemploy on their
own terms the 18 men who defied the regents
and refused to be bound by a majority of
90 percent of their colleagues.

They wined out the antl-Communlst state-
ment \n the letter of acceptance suggested
by the faculty and adopted by the alumni
committee in its recommendation.

The Deutsch mandate was finally carried
out on November 16.

If Mr. Tolman and his associates now
accept appointment, they will face the re-
quirement of a loyalty oath prescribed by
the Levering Act.

They refused to sign a mere statement on
a contract as suggested by their colleagues
because it invaded their right to privacy.

If they now execute the same type of state-
ment In a Levering oath, are they martyrs
or mountebanks?

There are many other records and docu-
ments which supplement the proof and make

clear that —

1. The regents throughout this entire mat-
ter acted in the highest good faith with the

faculty.

2. The records of the academic senate con-
tain an official report of its own committee
dated November 4. 1949. conclusively estab-
lishing that "the regents did not act with-
out the advice of the precident, or the sen-
ate, or Its agencies."

3. Notwithstanding repeated acts of bad
faith on the part of the academic seiiate,
the regents labored patiently and tolerantly
to solve a difBcult problem.

Because they refused to submit to the
bludgeoning of the American Association of
University Professors, the older regents have
been subjected to a merciless campaign of
smearing.

It Is noticeable that Dr. Deutsch and oth-
ers declare in eloquent terms they would
not employ a Communist. However, when
steps are suggested to Implement such a
policy, they drift off Into learned discussions
of abstractions.

Dr. Deutsch and the others knew well that
the regents are prevented by security con-
siderations from making a full presentation
of the necessity for Intelligent safeguarding
of the Berkeley campus.

In common with other regents, I have
submitted to abuse In silence In the hope
these men would finally be controlled by
some sense of responsibility. This seems
hopeless

It is quite clear that the vote of the faculty
of the University of CaUfornla repudiating
the itand of the American Association of
University Professors interfered with the
creepi.Ag control of higher education.

A great scholar recently remarked face-
tlovisly:

"You must remember that In relation to
higher education particularly, the public Is
expected to put up and shut up."

Dr. Deutsch's address Indicates he consid-
ers public representatives Intruders.

CONTROL or HIGHER EDTTCATION

The new Dr. Detitsch makes no effort to
conceal his contempt for boards of regents
or trustees. On page 3 he says:

"Society must therefore defend tenure If
It wants universities— I mean real univer-
sities—to exist. And since boards of trus-
tees arc made up of businessmen, lawyers

d the like, the wise practice has been

established that If It Is proposed that a
member of the faculty on permanent tenure
be dismissed, a properly chosen faculty com-
mittee should hear the evidence as to in-
competence or Immorality and make recom-
mendations to the president. How Is any
board to pass upon the adequacy of a pro-
lessor of physics or mathematics or any other

subject?"

This Is not Just an Inadvertent bit of snob-
bery. This Is a contribution to the campaign
of the American Association of University
Professors to control all higher education and
all faculties.

One of the more vulgar and crude attacks
on the regents was prepared by a protege of
Dr. Deutsch, a Mr. Ernst H. Kantorowicz, who
arrived in the United States in 1940. and
was given sanctuary at Berkeley.

He wrote a pamphlet (now a collector's
Item). I shall not bother with his vulgari-
ties. His conclusions are Interesting. I
quote from page 33.

"Theodore Mommsen • • • once wrote:
•It Is far easier to dethrone a cabinet minis-
ter than It Is to dismiss a full professor.*
What he alluded to were those vested rights
of the professor which cannot easily be at-
tacked or Ignored by those in power with-
out assailing, at the same time, certain fun-
damental rights of society. This was true
in imperial Germany; It Is true also In this
country, and the regents of the University
of California will have to learn a lesson
whether they like it or not."

Shortly after he wrote that pamphlet,
which was taken out of circulation quickly,
Mr. Kantorowicz was rev.-arded with an In-
vitation to the School in Advanced Studies
at Princeton.

One of the highly advertised documents
of the campaign of terror egainst the regents
was entitled "The Year of the Oath" by Prof.
George R. Stewart, who had achieved some
success as a writer of fiction. He acknowl-
edges anonymous collaborators.

He stuck to the custom of the fiction field,
namely, of manufacturing "facts" needed
for any chapter.

This Is the gentleman, supposedly a scholar
In search of the truth, to whom all of the
records of the regents were offered so that
his book m^ght be accurate. He declined
the offer. His book shows it.

He devotes a full chapter to sneering at
the categories from which the regents have
been recruited. He makes clear that the fol-
lowing do not make very acceptable regents:
Lawyers, business executives, bankers, edi*-
tors. physicians, farmers, clergymen, civic
workers, retired admirals, and club men.

Stewart seriously suggests one method of
reforming the government of the university
would be to get rid of the regents and turn
over management and investment of the
great endowment funds to the professors of
economics and accounting.

Frankly. I have never been able to under-
stand the tortuous mental processes of thos©
who say they accept the principle of exclud-
ing Communists, and then object to every
regulation which m.ight make such a policy
effective.

They claim to accept the substance and
then reject the form.

Of course oaths and statements are not
cure-alls. However, since ancient times the
taking of an oath has been accorded great
value and respect In all cl\111zed nations.

I am Indebted to Mr. E'ugene Prince, who
made such a magnificent presentation of
the entire matter in the courts, for the facts
of a very Interesting Incident I had for-
gotten.

The first law ever passed In the United
States of America was Statute 1 providing for
an oath of allegiance. George Washington
was the first to subscribe to it.

I realize a reference to Washington Is old-
fashioned, but do you not think we would
all benefit by a little humility, and a return

to the standards of honor and Integrity
which played such a great part among the
men who hated every aspect of collectivism
and founded this Nation on the doctrine of
the dignity of the human being?

Let us hope that in a mellower mood Dr.
Deutsch will not feel so contemptuous of
everyone who does not have a doctor of phi-
losophy degree.

Washington, Shakespeare, Cicero, Pericles,
Aristotle and some other famous men had no
such degree.

MacArthur Was Framed, Truman's
Adviser Said

EXTENSION OF REMARKS

OF

HON. LAWRENCE H. SMITH

OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES

Wed7iesday, January 30, 1952

Mr. SMITH of Wisconsin. Mr. Speak-
er. Jim Lucas, writing in the Washing-
ton Daily News for Friday, January 25,
states he had a personal interview with
General Lowe, retired, who was F/esi-
dent Truman's personal adviser in Ko-
rea. If the statement attributed to Gen-
eral Lowe is correct, then the Armed
Services Committee of this House should
conduct an investigation to ascertain all
of the facts. We shout loudly about lib-
erty and freedom. The charges made by
General Lowe are very serious ones, and
this Congress and the people of this
country are entitled to know what hap-
pened to General Lowe when he was in
Korea and what happened to his reports
when they were transmitted to the
Pentagon and to the President. As part
of my remarks. I am including the ar-
ticle by Mr. Lucas, which is very illu-
minating:

MacArthur Was Pr.mwed. Truman's Adviser

Says

(By Jim G. Lucas)

Harrison, Maine. January 25. — Personal
cablegrams to President Truman from
Korea — containing Information which might
have prevented a break with Gen. Douglas
MacAfThur — never were delivered, MaJ. Gen.
Frank E. Lowe told me In an exclusive Inter-
view today.

Furthermore, General Lowe said he read
and approved General MacArthur's 1950
message to ttie Veterans of Foreign Wars
while It was being written. The White
House suppre.ssed this message.

Both General Lowe and General Mac-
Arrthur were "shocked and surprised" by
the President's order that It be withdrawn.
They believed the message expressed sup-
port of Mr. Truman's far-eastern policy.

General Lowe, the President's "eyes and
ears" for the first 10 months of the Korean
war. revealed he tried to get Mr. Truman
to call off the Wake Island meeting with
General MacArthur last spring. Under such
tense circumstances, and with so many
others present. General Lowe was convinced
there was no chance of the two reaching
an understanding.

He felt there was the added danger the
breach might be widened by those interested
In keeping the President and General Mac-
Arthur at odds. General Lowe sent one
cablegram asking permission to brief the
President at Honolulu In advance of the
meeting. If Mr. Truman was determined to
go to Wake.

•4

M

A542

CONGRESSIONAL RECORD— APPENDIX

January 30

General Lowe learned after he returned to
Washington that these and other personal
messages never reached the President.

General Lowe doesn't know what happened
to those messages, although he says it
"shouldn't be difficult to draw concluBions."
When he finally came home, in June, he was
tired and sick, interested only in writing his
report to President Truman and going home.

The cables could have been stopped in the
Pentagon or the White House. General Lowe
is inclined to suspect the Pentagon, where
he says he is disliked because he never was
"one of the team." He is bitterly critical of
the Joint Chiefs of Staff, particularly Gen.
J. Lawton Collins, and former Defense Secre-
tary George C. Marshall. He says the Penta-
gon tried to block his trip to Korea in the
first place and ignored him while he was
there.

He is convinced "that damned Pentagon
crowd" was out to discredit General Mac-
Arthur for personal reasons and would do
anything to accomplish its purposes.

The State Department, he charged, has
been guilty of "daily appeasement of the
Communists in Asia," feared and hated Gen-
eral MacArthur "because he was right and it
was wrong," and was set on undermining him
because he was "determined to meet the
Issue head on."

NO SUCH THING AS HALF A WAB

"There is no such thing as half a war, and
there never will be," General Lowe said.

"The State Department wanted him to
fight a commissar war. It tried to make his
decisions for him. One by one, we are doing
the things Douglas MacArthur told us we
would have to do. But I'm afraid we have
missed the boat.

"In April, we could have destroyed the
Chinese Communist armies in Korea. In-
stead, we've given them 7 months in which
to build up their strength. It will be much
harder now. I'm not even sure we can do it."

General Lowe is convinced the President
and General MacArthur actually saw things
alike. He thinks the two were deliberately
palled apart and pitted against each other
by third parties — men he says "are damned
near guilty, in my book, of what amounts to
disloyalty to the Chief."

"It was the Chief's decision to Intervene
In Korea and destroy the enemy," he said.
"It was their duty to support that decision.
They didn't and wouldn't. Douglas MacAr»
thur did, and they got him."

He said General MacArthur told him fre»
quently that President Truman's decision on
Korea was "the greatest act of statesmanship
In world history." President Trtunan's re-
gard for General MacArthur was "so high it
couldn't have been any higher."

FLAME or HOPE THROUGHOUT AREA

When he dismissed the general, the Presi-
dent cited the VFW message as one in a series
of incidents proving General MacArthur was
out of step with the administration's foreign
policy. In that message General MacArthur
discussed the strategic importance of For-
mosa— a Nationalist stronghold President
Truman was using the Seventh Fleet to de-
fend— and the necessity for keeping It in
non-Communist hands. In It he spoke elo-
quently of the President.

"The decision of President Trmnan on
June 27 lighted into flame a lamp of hope
throughout Asia that was burning dully
toward extinction," General MacArthur
cabled. "It marked for the Far East the
focal and turning point in this area's strug-
gle fca" freedom. It swept aside in one great
monumental stroke all the hypocrisy and
sophistry which has confused and deluded
so many people distant from the actual
scene."

When President Truman ordered the mes-
sage suppressed. General Lowe said he and
General MacArthur were bewildered. Gen-
eral MacArthur sincerely believed, General .

Lowe said, that his message would bolster
the Truman far-eastern policy. General
Lowe said he had "never seen a man more
hurt and puzzled" than General MacArthur.
As a good soldier, he withdrew his message.
But it already had been released to the news-
papers.

THEY WANT TO FIGHT FROM CHATEAUS

General Lowe quite obviously shares Gen-
eral MacArthur's views that the first— and
perhaps climactic — battles against commu-
nism will be fought in the Far East. He so
reported to Mr. Truman when he was sent to
Asia on a secret mission in 1945. Only the
United States, he told the President then,
can save Asia from communism. No other
Western Power has the prestige, the respect,
or the means to do it.

But, he said, the Joint Chiefs of Staff can
think only in terms of Europe — "they want
to fight their wars from chateaus" — and re-
sent any diversion of thought or effort to
Asia. Unable to prevent the President's Ko-
rean intervention, they have done everything
possible to slow it down.

"I hold that the issue has been Joined,"
General Lowe said. "It Is communism
against the rest of the world. It has been
Joined In the Far East and that is where it
must have its first settlement. If we equivo-
cate or procrastinate, if we appease these
beasts, then the generations that follow us
will indict us for physical, mental, moral,
and spiritual cowardice and we'll be guilty
as hell."

Frank Lowe today is at once a tragic and
magnificent figure. We sat before his blazing
fireplace or drove about the Maine woods
discussing what we had done and seen in
Korea. The chain of friendship between us
had been forged in battle. As we talked the
temperature fell below zero and a snowstorm
raged outside.

KOREA MISSION TRAGIC FAILURE

Frank Lowe returned from Korea last June.
Why, after 7 months, has he finally decided
to talk?

Principally because this devoted patriot
believes his mission to Korea was a tragic
failure. It was his Job, he felt, to prevent
a misunderstanding. It was his Job to make
doubly sure that the two men he loved most
In this world, Harry Truman and Douglas
MacArthur, always understood each other,
always stood shoulder to shoulder against
the common foe, always worked together.

President Truman sent him to General
MacArthur. General Lowe felt, not only be-
cause he was the President's close friend,
but because he was General MacArthur's
friend, too. General Lowe, a rock-ribbed
Maine Republican, and Harry Truman, a
Missouri Democrat, clicked from the moment
the general was assigned as military aide to
the old Truman committee. But Generals
Lowe and MacArthur had been friends long
before Mr. Truman came to Washington.

General Lowe tried to play fair with both.
A copy of every message he sent to the
President was delivered to General MacAr-
thur. Both men knew and approved this
arrangement.

If any man could have prevented what
happened, General Lowe believes, he was
that man. And he thinks he failed. He
couldn't cope with "that damned Pentagon
crowd."

There are other reasons. He has waited
patiently for some action .on his report.
Nothing has happened. He feels time Is
running out.

I hadn't seen Frank Lowe since April when
I walked into his home here. Korea has
left its mark on him. He hardly seemed
the same sturdy soldier who had campaigned
from Pusan to the Yalu River, who landed
at Inchon, who never seemed to sleep or
rest. He is far from a well man today. At
67. Frank Lowe says, "I don't covet lon-
gevity."

LIVE TODAY AND PLAN FOR TOMORROVf

While in uniform, Frank Lowe was re-
luctant to talk. Now, retired for age, he
can say what he thinks.

"Nothing I say to you is off the record,"
be said. "I'm a realist and I'm too damned
old to change."

On one point, the old warrior is emphatic:
there are no political implications in what
he is doing. He doesn't intend to play
partisan politics. He is sulfuric in his re-
action to Republican demands that he be
called before a Congressional committee.

"I can see no good to be accomplished by
my being called at this late date." he said.

"We should forget yesterday except for
the lessons taught. Live today; plan for to-
morrow."

He is equally emphatic on another point:
there are no changes in his basic loyalties.
His devotion to President Truman is as real
as ever. He Is a little saddened that the
President has, in his opinion, been misled
and misinformed. But he untterstands how
those things happen.

When General Lowe went to Korea, his
orders were simple: "Take up where you left
off." He had the greatest leeway. He could
go where he chose.

MAC ARTHUR IS WORLD'S TOP GENERAL

What does he think of General MacArthur
now?

Frank Lowe says he hasn't changed the
opinion he expressed last March. Then, he
said:

"I think General MacArthur is the greatest
general— strategically and tactically— this
world has ever known. It takes 50 years to
write history. You and I will not live to
read the final verdict, but I'll bet that his-
tory 50 years from now will so record. Our
people have never gotten so much for so
little. In my opinion, his Korean campaign
was a masterpiece of strategy and tactics."

What about the decision to cross the 38th
parallel?

"What were his orders from the United
Nations?" Frank Lowe countered. "As I
understand them, those orders were to pro-
ceed forthwith to defeat the North Korean
Communist army and to reestablish the Re-
public of Korea. How in the hell could he
have done that In any other way than to
pursue a defeated and disintegrated enemy
throughout the length of Korea— as far
north as the Yalu and Tumen Rivers?"

The Korean war. General Lowe says, was
"Russian engineered and precipitated."

"You were there at Uijongbu when we
captured that Russian order of battle," he
said. "Those were excellent plans (dated in
March and written In both Russian and
Korean, I recall).

"If an American general with those plans
and that superiority hadn't smashed the
length of Korea and taken Pusan within 48
hours he would have been relieved of com-
mand. As it was, thanks to the genius of
Douglas MacArthur and the guts of a hand-
ful of Americans and South Koreans, the
Communists failed.

"If anything is needed to prove that the
Russians started this war, that document
did. It was carefully calculated long in ad-
vance. Just as is the whole Russian pro-
gram."

RUSSIA HAS THREE PURPOSES IN KOREA

General Lowe approved President Tru-
man's intervention in Korea. As he sees it,
Russia had three objectives:

1. To set up another laboratory of war, as
in Spain, to test tactics, techniques and
weapons.

2. To see whether the United Nations was
another League of Nations and woxUd Just
pass notes, as the League did in regard to
Manchuria, Ethiopia and the Panay incident.

3. To see whether the United Nations —
and the United States in particular— wou^
fight.

* \

^T^^'l^ IN TWO SEJCmONS

o

A/ vr

2o r^-vct. 'T5:\3L*

/

REGENTS ON COAST
STILL SPLIT ON OATH

Warren Asks That Board Take

U. of C. 'Out of Turmoil/ but

Fight on Court Ban Looms

WILLIAH
ANINL

By LAWRENCE E. DA VIES

special to The New York Times

DAVIS, Calif.. April 20— Re-
gents of the University of Califor-
nia took two actions here today,
each by a vote of 11 to 10, aimed
at ending the two-year battle over
special loyalty oaths and contrac-
tual declarations and restoring
non-signers to their jobs on the
faculty.

The actions were nullified, how-
ever, on two fronts and the result
was that the controversy remains
unsettled. This is despite a deci-
sion of the Third District Court of
Appeal at Sacramento that any
oath or declaration imposed, be-
yond the regular Constitutional
oath pledging allegiance to state EastTook?v,

Special t
WHITE I
20— William
of the Scovil
pany, manuf
other prodU(
a hospital h(
several mont
was 70 yea-
Burn Lane, I
a former r
Conn., and.
years, of Bn
A native o
went to WO)
Son, Inc., ms
and other pre
er in Brookl
century ago.
manager and
Schrader fi)
absorption in
concern, serv
of the latter
Mr. Hunter
Merchants
pany, the H
Company an
Guaranty Co
York, and of
Company and

and nation, violates the California
Constitution.

Following an appeal by Gov.
Earl Warren, presiding, that the
Regents take the university "out
of this ti:imoil" by accepting the
District Court decision, the board
voted to direct its special counsel
to withdraw a petition for a re-
hearing of the case.

John F. Neylan, a San Francisco
attorney who last year led the
fight to ou5rt the nonsigning teach-
ers, immediately switched his vote
to "aye" and called for reconsid-
eration of. the case at the May 25
meeting of the Regents, to be held
in San Francisco.

Reconsideration Demanded

Subsequently on motion of Judge
Victor H. Han.«?en of the Superior
Court at Los Angeles, the Regents
by 11 to 10 voted not to appeal the
<^ase to the State Supreme Court.

Mr. Neylan. protesting that this
circumvented his intention to have
the controversy reconsidered next
month, changed his "no" vote once
more and demanded reconsidera-
tion on the Supreme Court angle.
Individual Regents then instruct-
ed their special counsel,'Eugene M.
Prince of San Francisco, to appeal
the District Court decision to the
State Supreme Court. This will be
done by a half dozen or so of them
as individuals, not as the board
itself. Thus, regardless of how the
May meeting votes, the case now
seems headed for the highest court
of Cahfornia.

Mr. Prince only this morning
had filed a petition at Sacramento
for a rehearing of the case, in
which eighteen faculty members
had sued successfully before the
Appellate Court to get their teach-
ing posts back. They were dropped
from the faculty as of last June 30.
There was sharp disagreement
as to whether the attorney was
within his rights in filing the peti-
tion without direct authority of
the board.

He was a t
lyn Hospital t
stitute of Ar
had been a
money in Broc
New York Fl
director of thi
of Commerce.

Surviving a
Alice Decker J
ters, Mrs. H
Berkeley. Cal
Shutt of Garc
Mrs. Merle
Stroudsburg, F
S. Hunter of B
D. Hunter of
two brothers,
children.

MSGR.A.T
PASTOR I

The Right F
Pendleton, paf
Catholic Churc
Jesus in Rich)
died on Wednt
ness Pavilion,
terian Medical
was 69.

Born in Broc
St. Francis Xa'
John's Seminar
on June 1, 1912
Sacred Heart «
Queens, and a
Genoa. St. S
Church of Our
in Brooklyn.

In 1928. Fati
appointed adrr;
Holy Child Jes
May. 1931, he
Under his adn
church and rect*
September, 194
elevated him to
chamberlain, wi
Reverend Monsi
ago, he was ap)

nr^lRtA nn«iimin

I

i ulty as of last June 30.
There was sharp disagreement
as to whether the attorney was
within his rights in filing the peti-
tion without direct authority of
tJie board.

Calls Concept Revolutionary

Mr. Neylan criticized as "a very
extraordinary suggestion" the idea
. that the litigation should be
dropped. Many lawyers, he said,
had "agreed that the District
Court decision was erroneous." He
asserted it represented a revolu-
tionary conception as to the pow-
ers of the Regents and changed
"the entire status of the faculty
as construed by law over two gen-
erations."

Asking "why the anxiety" not
to press the case, he deplored
what he called "propaganda gen-
erated and disseminated in the
newspapers" and assailed the
faculty on the ground that it had
drafted resolutions and circulated
them over the land to bring
"wreck and ruin."

Jesse Steinhart, a San Francisco
attorney who sought to drop
further court action, refused to
withdraw a motion to that end
and, with Governor Warren, de-
nied having been subjected to the
"pressures" of which Mr. Neylan
had spoken.

Governor Warren asked his col-
leagues if they were going to pur-
sue the case with "all the venom
you can gather" and prevent the
ousted professors "from earning
their livelihood for another year."

"There is no particular reason,"
he said, "why the university should
be the guinea pig for all these
loyalty oaths."

Fleet Admiral Chester W. Nim-
itz, who had sided with the Warren
group in earlier phases of the dis-
pute, voted with Mr. Neylan, Edwin
W. Pauley, Los Angeles oil man,
and others today on the ground
that lawyers on the Board of Re-
gents could not agree and there-
fore the Supreme Court should be
asked to settle the issue.

church and rect
September, 194
elevated him to
chamberlain, wi
Reverend Monai
ago, he was apj
prelate, assumin
Reverend.

Msgr. Pendlet
of the building
Brooklyn Dioce:
secretary to the
Consultors.

He leaves a brc
two sisters, Mr?
and Mra Abiga'

OTTO W. '

Special to THt

PHILADELPI
Otto W. Osterlui
tor and business
day in Presbyte
the age of 76. ^
urban Springfiel
was president of
Wholesale Drug (
associated for n
church and civic
city.

He was treasur
a former preside
delphia College c
Science, of which
nus. Under fo
Governors, he sei
of the State Boa
Mr. Osterlund wa;
old Belmont Tru;
recently was ass
Pennsylvania Con
ing and Trusts.

His widow, Maj
a daughter survlv

Regents Asked to Bow

Special to Thk New Yoiik Time.s

CINCINNATI. April 20 — The
Mississippi Valley Historical Asso-
ciation, at its annual convention
here, urged the Regents of the
University of California to recog-
nize the validity of the decision
April 6 of the Third California
District Court of Appeal holding
unconstitutional the university's
special loyalty oath.

The association also urged the
Regents to "restore to the Uni-
versity of California conditions of
tenure productive of sound teach-
ing and untrammeled research."

Prof. Merle Curti of the Uni-
versity of Wisconsin was elected
president of the association, suc-
ceeding Dean Elmer Ellis of the
University of Missouri.

The meeting will end tomorrow

\

MELVIN H. JONES

Special to The Ntw York Times.
PHILADELPHIA. April 20—
Melvin H. Jones, retired district
official of the Westinghouse Elec-
tric Corporation, with which he
was associated for forty-one ears,
died yesterday at his home here.
He was a former member of the
board of governors of the Penn
Athletic Club and was a Mason.

SOLOMON Bl

Solomon Braver
fifteen years ago
ture firm of Geigf
formerly one of th
city, died on We
Angeles, where
since the businesj
He was an octogt

He leaves three
Cedarhurst, L. I.,
H&.rry of Los Angi
ters, Mrs. Carrie I
Dora Strauss of 1
twelve grandchild!
grandchild.

MRS. PAUL

Special to The Ne'

NEW ROCHELI
20— Mrs. Helen Brc
South Twelfth Ave.
non. head bookkee
National Bank in
for ten years until
today in New Roch
the age of 48. Her
E. Reed, died in 19?
son, Richard L. of
her mother, Mrs. I
Wicks of Pleasan
brothers.

College Choirs to Be Heard

A chorus of more than 100
voices, composed of the Sarah
Lawrence College Chorus and the
Princeton Chapel Choir, will sing
tomorrow afternoon at 4:30 at
Christ Church in Bronxville, N. Y.
On the program are Handel's "Fu-
neral Anthem for Queen Caroline"
and Haydn's Missa Solemnis in B
flat, the "Harmoniemesse,"

ST. CLAIR D

PARIS. April 20 >
D. Welsh, United
pilot, died here y
heart ailment. Hi.
Mr. Walsh had be- •
chief dispatcher fo ^
Airlines in Paris
"grounded" as a pil
ago because of poor

Father of Billy R(
MIAMI BEACH.
(i^ — David Rosentx
showman Billy Rose
the age of 78. His
bedside. Mr. Rose
from the merchandif
New York and mo
Beach eight years
fered a cerebral hen
daughters also sur\
Mrs. Polly Gottlieb <
and Mrs. Miriam J
York.

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Regents Still Split

UC Board Fails to Pick Chancellors;
Neylan Assails Academic Senate '

The University of California's Board of Regents ad-
journed Its regular monthly meeting yesterday without
nammg a chancellor either for the Berkeley or UCLA
branches of the institution.

Earlier, it had been reported the board— widely split

because of the university's long and
bitter loyalty oath controversy-
would resolve its differences yester-
day to make the two long-overdue
appointments.

Prominently mentioned for the
Berkeley chancellorship are Dr.
Clark. Kerr, professor of economics
and director of the U. C. Institute
of Industrial Relations; Dr. A. R.
Davis, dean of the College of Let-
ters Und Science: Dr. E. T. Grether,
dean of the School of Business Ad-
ministration: Dr. Malcolm Davisson.
chairman of the Economics Depart-
ment, and Dr. Harry R. Wellman,
professor of agriculture and head of
the Giannini Foundation.
ACADEMIC SENATE ISSUE

Acrimony that has marked meet-
ings of the board for more than two
years flared again at yesterday's I
session on the Berkeley campus.

The University's Academic Sen-
ate, composed of all the institu-
tion's top-ranking professors, was
denounced as "disreputable" and
"100 per cent laking in integrity"
by Regent John Francis Neylan.
leader of the faction that demands
not one but two loyalty oaths of all
university employees.

Neylan's blast followed presenta-
tion by President Robert Gordon
Sproul of a memorial passed three
months ago by the Senate urging
the regents to eliminate the special
loyalty oath since the State Lever-
ing oath now is required of all State
officers. The Senate also memorial-
ized the board to reinstate the 17
professors who refused to sign the
regent's special oath.

'DISREPUTABLE RECORD'

Neylan catalogued the memorial
as a "contemptuous document . . .
a piece of propaganda th^t should
be filed without consideration."

"The record of the Academic Sen-
ate is so disreputable that attention
to its communication should follow
ir a period in which it ought to try to
re-establish its good reputation," he
added.

Regent Jesse Steinhart moved
and the board voted 10-6 to file the
memorial under the heading of
"new business" to be considered
later.

"It will be buried so deep you'll
never find it again," Neylan shouted
at Steinhart.

The board also voted to reinstate
Edward H. Schafer. assistant pro-
fessor of Oriental languages, who
inadvertantly was hired to teach at
summer session. One of the original
18 nonslgners of the oath, Schafer
suhst"^ '■ ly signed both the "
^vering oaths.

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REGENTS BAR^AThTppEAL

/

California Board Is Unanimous
on Letting Court Ban Stand i

BERKELEY. Calif.. Nov. 1 ,^, 1

^rJltif ^^"^ °^ t^^ University
Of California have unanimously de-

recent"°<?'t«?p''l^ ^ rehearing on a
recent State Supreme Court de-

nl^fh''/!!i"*'^^"Sr the special loyalty
oath thta the Regents had de-
manded of faculty members and
university employes.

The motion against seeking a
rehearing was made yesterday by
John Francis Neyland. a Regent
Who ^yas a leading supported of
the oath in the past. Mr. Neyland
said that the court had ruled that
r.n.versity personnel, as emplove,

ni/h ^.'i^^^^u^^^ t'^ ^'^"^ a loyalty
oath prescribed by state law for

fiii o ^"iP^oyes and. therefore
the Regents' oath was unneccs-'
sary. **

.r.l^^I^^^J' ^<^>'aJty oath law was
enacted after the fight over the
*^vi-/ "=J^^!"ity oath had begun,
r eaterday s session of the Board
nLff*^^"^ -^'^ "°t mention two
2r-..^ ''"^ ""^'^^^ ^y *^« State Su-
K*n. T^- '•"^^"^-the possi-
bility of rehinng faculty members
dismissed for not signing the Re-
Rents oath or the matter of back
pay for those so dismissed.

St. John's Yearbook Is Cited

' four "a(io--''

/

UC Regents I
Argue Pay in ^1
Oath Cases oo

tio
It appoarod likely yesterday ha

that the bitter controversyJCo
over payment of back salaries ;^°
to 16 University of California ,J^
professors who refused to sign
a special loyalty declaration! ^
Would have to be settled in the'^J'
courts. • 'S**

A special committee of the |h
university res;ents, appointed I jn
b}' Governor Goodwin Kni/2:ht,isj
met at the. regents' offices in if,'
the Crocker Building yeste<'- fj
day with Stanley A. Weigel.
attorney for the professors, to p
discuss the matter. X(

At issue is whether or not.F
the 16 men are entitled to!
retroactive pay for the period 't

in which they were deprived of
employment at the university
—from Julv 1, I9.y), to January
1, 19r)3.

Under the chairmanship of
Regent John Francis Neylan —
longstanding opponent of the
payments previously urged by
University President Robert
Gordon Sproul- the meeting de-
veloped into a hassle between
Neyian and Weigal over inter-
pretation of fine points of the
law.

Neylan insisted that the Su-
preme Court prohibited pay-
ment of the retroactive salaries
by limiting its decision to an
order reinstating the professors.

If Neylan stands firm on his
interpretation of the law on
that and other knotty points
made by him, and if he con-
vinces a majority of the Re-
gents that their hands are legal-
ly tied, the matter will prob-
ably have to go to the courts.

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the

CALIFORNIA'S LOYALTY OATH

The "loyalty" controversy at the
University, of California has been at
least temporarily ended by a unani-
mous decision of the California Su-
preme Court. The court held that all
state employes could be required to
take a prescribed oath, but it also held
that a special oath or declaration could
not be required of college professors.
The point raised by those faculty mem-
bers who refused to make the required
declaration was not that a professor
or any other state employe had a right
to belong to an organization uphold-
ing forcible overthrow of the Govern-
ment. It was that there should not
be discrimination against professors or
other teachers as such.

The soundness of this point is mani-
fest. To ask a professor to say that he
does not want to overthrow the Gov-
ernment when other officeholders and
other citizens are exempt from such a
declaration is belittling and absurd. It
is about the same as asking a pro-
fessor, and not other officeholders, to
declare that he is not in favor of burn-
ing barns down or robbing banks. It
is like treating the high and respon-
sible task of education as something
with a criminal undertone.

Practically everyone would agree
that violent revolutionists ought not to
be permitted to teach in publicly sup-
ported institutions. In fact, there is no
place for them in any educational in-
stitution in this country. But that
never was the issue at the University
of California. The issue there was
whether a few self-seeking politicians
could safely insult a faculty of able
and honest men. It was a question of
the dignity and integrity of higher edu-
cation in California — and by implica-
tion elsewhere. Now it appears that a
professor in California is again a first-
class citizen and not under suspicion
because of the nature of his occupa-
tion. In a time when so much political
capital is being made by falsely accus-
ing people of communism and other
deviations this is an encouraging event.

TP'T TT"KTV"KTATTT-fcT irr»in«

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END OF THE U. C. OATH

Finis has apparently been written to
the hot dispute which has raged for
the pa^ two years over the special
loyalty oath required of faculty mem-
bers at the University of California.
Last month the Board of Regents of
the university voted to rescind the oath
requirement; last Friday the majority
of the board, including Admiral Ches-
ter W, Nimitz, defeated a motion to re-
consider last month's action.

Now that the Issue has been decided
— most sensibly, we feel — it is worth
looking back at the questions raised
during the struggle and the lessons to
be drawn from it. It should be clear,
first of all, that the great number of
California faculty members who fought
the oath requirement are loyal Amer-
icans and subscribe to the university
policy which bars Communists from
teaching positions. Their opposition to
the oath arose from other considera-
tions, of which two were basic: Quite
properly they resented the invidious
singling out of their group as one
requiring a special loyalty oath not re-
quired of others; moreover, they re-
sented such a qualification for a teach-
ing position being imposed upon the
faculty by a non-faculty body, the
Board of Regents. Both these objec-
tions rested on matters of fundamental
principle. They were reinforced by the
practical realization that the mere re-
quirement of signing a loyalty oath
does not and will not hinder a devoted
Communist,

The defeat of the oath in California
is not only a victory for the faculty
there and for the increasingly harried
academic profession of this country. It
is a victory for all men of goodwill who
understand that the struggle against
communism can be effective only if it
is based on reason rather than hysteria.
If, in process of arming ourselves
against Stalinist infiltration, we so
modify our society that the same bar-
riers to free thought and speech exist
here as in the Soviet Union, then vic-
tory over communism will be. futile in-
deed. The Califoi-nia oath requirement
and the unreasoning fear which lay be-
hind it were danger signals pointing
down the wrong road for America. Wo
are glad the mistake in this instance
has been rectified.

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Back Pay for Reinstated Profs Urged

A resolution, strongly urging
payment of back salaries to the
handful of University of Cali-
fornia faculty members who re-
fused to sign the special loyalty
oath, has been adopted by the
Committee on Academic Free-
dom of the Northern Section of
the University's Academic Sen-
ate.

"The Committee on Academic

Freedom is disturbed by the fact
that proper compensation to
members of the faculty who

were discharged from the Uni-
versity in the summer of 1950
and were restored by court
order Oct. 17, 1952, has not yet
been made although it has been
recommended by the president
and other appropriate officers
of the university," the resolu-
tion reads.

Academic freedom at this uni-
versity will not be completely

vindicated until wrongfully dis-
charged members of the faculty
are 'justly compensated."

The special regents' loyalty
oath was ruled unconstitutional
by the State Supreme Court
last year whose members held
that the Levering oath was suf-
ficient for university factulty

members and employees.

Last January Persident Rob-
ert Gordon Sproul recommended
to the Regents that the rein-
stated professors be given their
back pay. The Regents hav«
discussed the matter at theif
last two meetings but action
has been delayed.

/

Fll/lfcl) IN TWO SECTIONS

(XWl (lilK.1. JV-w.w »»-.....,

UC Regents Delay Action on Nonsigners

13 Faculty

Resignations

Accepted

Regents of the University of
California meeting In Los Angeles
yesterday accepted 13 resignations
from faculty members and approved
32 new appointments to the staff.
They also granted 13 leaves of ab-
sence and 25 changes of status.

President Robert G. Sproul re-
ported receipt by the University of
gifts and pledges totaling $347,589.20.

Among the new staff appointments
was Dr. Carl Bridenbaugh, one of
the Nation's leading authorities on
American colonial history, who was
named to the Margaret Byrne pro-
fessorship of U. S. history on the
Berkeley campus.

Dr. Bridenbaugh comes to U. C.
from his post as director of the
Institute of Early American History
and Culture at Williamsburg, Va.
He received his doctorate from Har-
vard and has taught at Massachu-
setts Institute of Technology and at
Brown University. He also was a
lecturer at William and Mary. He is
a winner of the Justin Winsor award
for his history, "Cities in the Wilder-
ness."

Among the gifts and pledges re-
ported by President Sproul was a
$25,000 gift from the Newhouse
Foundation, established by the late
San Francisco attorney, Arthur A.
Newhouse.

The amount represents UC's one-
half share of two year's income from
the Foundation. The other half goes
to Stanford. The $25,000 will provide
more than 80 scholarships for stu-
dents in education, medical science,
law and engineering at the Berkeley
and San Francisco campuses and
at Hasting College of the Law.

Animal Crackers

BY WARREN GOODRICH

Neylan Denounces
Stewart for Book ^^^^

2.1,

'Come on, Henry — you're

not going to lay there and

let old man Brown beat you

to the worms!"

]

Professor
Comments
In Class

)

I

With the ultimate fate of 27
members of the university faculty
— those who have refused to sign a
declaration of loyalty— still in doubt,
the Berkeley campus was gently
rocking over a statement on the
matter delivered in a classroom
last Tuesday.

Robert A. Gordon, Professor of
Economics, on that morning, stood
before his class in elementary
economics, a freshman course. He
said the course lecture would be
postponed ten minutes. Meanwhile,
he said, he would say his piece
about the loyalty declaration. He
did:

"I do not appear here with any
enthusiasm. I can not say, as I
have for so many years, that I am
proud to teach here at the Univer-
sity of California. Actually, I feel
apologetic I haven't been fired."

Gordon briefly reviewed the long
battle over the matter of the
faculty's loyalty and willingness of
members to declare themselves — in
the light of academic freedom. The
American Psychological Assn. and
the American Mathematical Society,
he said, already have blacklisted
UC. "There are more to come, ' he
added.

"This year 30 of my colleagues are
not here. This number will grow if
things do not improve . . .

"For myself, I want to feel that
where I work the double cross is not
the approved way of dealing with
employees — janitors or professors."

Special to The Chronicle

LOS ANGELES, Sept. 22— No action will be taken
against nonsigners of the University of California's loyalty
declaration for at least 60 days, the University's Board of
Regents voted today.

In effect, the board's action ex-, ■
tended to nine nonsigners the same |
time extension already extended to I
18 others by the action of the Third
District Court of Appeal in Sacra-
mento.

,The nine affected by today's ac-
tion are not parties to the suit.

The action was recommended by
John Francis Neylan, San Francisco
attorney and big voice in the whole
loyalty fight.

The status of the 27 non-signers
is undefined: They are not at work,
they are not on the pay roll but
they have not been dismissed.

Originally the regents gave the
non-signing faculty members ten
days to sign the declaration or be ^
discharged. The deadline was ex-
tended oy the court when the 18
non-signers sought an injunction
against the action of the regents-
extended in effect by at least 60
days.

President Robert Gordon Sproul
reported that a final check has
shown that (during the ten-day
period) six reluctant faculty mem-
bers had signed the loyalty decla-
ration and had been restored to
their jobs.

Three others resigned their po-
sitions.

Three others who were traveling
have indicated they will sign.

Thus, 27 non-signers remain— the
nine granted an extension today and
the 18 in litigation with the regents.

The action in extending the time
limit was unanimous except for the
abstention of Jessie Steinhart of
San Francisco.

in

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tl
t'
t
t

In the case of the three men who
resigned, the Board voted to allow
them a year's severance pay or sev-
erance pay until they got other jobs
within the year.

Neylan took the floor to deliver
stinging criticism of George Stewart,
famous University of California
author who has written the book
called, "The Year of the Oath."

The book, said Neylan. "was ob-
viously intended deliberately to
harm the university,"

He raised two points from the
book. One was a paragraph in which
prospective faculty members were
warned that their tenure of em-
ployment might not be secure at
UC. The other was a footnote alleg-
ing that the regents had not made
public all details of the fight over
the oath.

In refutation, Neylan said, he
himself had offered to make the en-
tire record available to Stewart.
Stewart did not reply to this letter,
Neyland said, because he interpreted
some "abstruse university rule as
precluding any dealings directly be-
tween faculty and regents."

Neylan said such a rule did not
apply because he, Neylan, wrote to
Stewart as an author— not as a
faculty member.

Stewart, instead of replying di-
rectly, answered Neylan 's letter
through President Sproul and, in
effect, rejected the offer to pKjruse
the record.

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**Li u- ciic jui>uii v\iii£>ui' award
for his history, "Cities in the Wilder-
ness."

Among the gifts and pledges re-
ported by President Sproul was a
$25,000 gift from the Newhouse
Foundation, established by the late
San Francisco attorney, Arthur A.
Newhouse.

The amount represents UC's one-
half share of two year's income from
the Foundation. The other half goes
to Stanford. The $25,000 will provide
more than 80 scholarships lor stu-
dents in education, medical science,]
law and engineering at the Berkeley
and San Francisco campuses and
at Hasting College of the Law.

^ . v^,

/

)

1

Comments
In Class

With the ultimate fate of 27
members of the university faculty
—those who have refused to sign a
declaration of loyalty— still in doubt,
the Berkeley campus was gently
rocking over a statement on the
matter delivered in a classroom
last Tuesday.

Robert A. Gordon, Professor of
Economics, on that morning, stood
before his class in elementary
economics, a freshman course. He
said the course lecture would be
postponed ten minutes. Meanv/hile,
he said, he would say his piece
about the loyalty declaration. He
did:

"I do not appear Here with any
enthusiasm. I can not say, as I
have for so many years, that I am
proud to teach here at the Univer-
sity of CaUfornia. Actually, I feel
apologetic I haven't been fired."

Gordon briefly reviewed the long
battle over the matter of the
faculty's loyalty and willingness of
members to declare themselves— in
the light of academic freedom. The
American Psychological Assn. and
the American Mathematical Society,
he said, already have blacklisted
UC. "There are more to come," he
added.

"This year 30 of my colleagues are
not here. This number will grow if
things do not improve . . .

"For myself, I want to feel that
where I work the double cross is not
the approved way of dealing with
employees— janitors or professors."

/

days.

President Robert Gordon Sproul
reported that a final check has
shown that (during the ten-day
period) six reluctant faculty mem-
bers had signed the loyalty decla-
ration and had been restored to
their jobs.

Three others resigned their po-
sitions.

Three others who were traveling
have indicated they will sign.

Thus, 27 non-signers remain— the
nine granted an extension today and
the 18 in litigation with the regents.
The action in extending the time
limit was unanimous except for the
abstention of Jessie Steinhart of
San Francisco.

In the case of the three men who
resigned, the Board voted to allow
them a year's severance pay or sev-
erance pay until they got other jobs
within the year.

Neylan took the floor to deliver
stinging criticism of George Stewart,
famous University of California
author who has written the book
called, "The Year of the Oath."

The book, said Neylan, "was ob-
viously intended deliberately to
harm the university."

He raised two points from the
book. One was a paragraph in which
prospective faculty members were
warned that their tenure of em-
ployment might not be secure at
UC. The other was a footnote alleg-
ing that the regents had not made
public all details of the fight over
the oath.

In refutation, Neylan said, he
himself had offered to make the en-
tire record available to Stewart.
Stewart did not reply to this letter!
Neyland said, because he interpreted
some "abstruse university rule as
precluding any dealings directly be-
tween faculty and regents."

Neylan said such a rule did not
apply because he, Neylan, wrote to
Stewart as an author— not as a
faculty member.

Stewart, instead of replying di-
rectly, answered Neylan 's letter
through President Sproul and, in
effect, rejected the offer to peruse
the record.

Neylan said he had also written
to Doubleday Co.. publishers of
"Year of the Oath" offering the
record for their investigation. The
company replied it would be in-
terested in looking at the record and
suggested Neylan send copies.

Since the record is a pile of docu-
ments several feet high, Neylan said,
he did not feel it was up to him
to go to the trouble and expense of
making the requested copies.

Instead of looking at the record,
Neylan said, "Doubleday was ap-
parently more interested in a few
dirty dollars."

Apparently Neyland made his of-
fer of the record to Stewart and
Doubleday on his own initiative.

Stewart, author of such best-sel-
ling novels as "Storm," "Fire," and
so on, said:

"I stand on the record as pre-
sented by the book."

He referred to Neylan's statement
that he had rejected Neylan's offer
of records:

"I received Mr. Neylan's letter,
written July 20, after the book had
gone to press.
"I wrote to the President:
"The use of material furnished
by one regent would necessitate our
offering to use material furnished
by any regent, and. even if feas-
ible this might— because of the em-
ployer - employee relationship as
presently defined by the regents-
interfere with our freedom of action I j
as scholars." ||

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State Oath-
Confusion and
A Resignation

i Whether California's 88.000 - to -

; 100,000 election officials will be re-

I quired to take the State's new

[loyalty oath has not yet been deter-

I mined by the Attorney General's
office.

Thursday Secretary of State Frank
Jordan informed county controllers
that California's precinct officials
and judges, on November 7, would
have to take the oath or forego
their pay.

Yesterday Jordon withdrew his
opinion.

j Deputy Attorney General Leonard
I Friedman in Sacramento announced
that there was a '"division of opin-
ion" in his office and the problem
;has yet to be solved.
I "It is probable there will be a
written opinion on the subject
sometime next week," Friedman
said. "In the meantime, there is
nothing to say except that the legal
minds in this office differ,"

Friedman said his office also has
been asked for a written opinion on
v.hether jurors would be required
to take the oath, and this too. he
said, would be forthcoming in the
immediate future.

Status of the University of Cali-
fornia and its tens of thousands of
employees is equally nebulous.

'That question is so hot. " Fried-
man said, "I hate to talk about it.
Frankly, I don't know. It ha.s yet
to be established whether the uni-
versity and its employees, including
its faculty, will be required to tak.
the oath. "

Friedman .said the institution mav
come under a separate categoiy
and its employees therefore might
not be considered public employees
and therefore civil defense workers.

Under terms of the new law public
employees cannot be paid unless
they have taken the anti-Commu-
ni.st oath by November 2.

If University of California faculty
members are required to take the
new State oath, this will be the
third presented for their signature—
the regulation oath of allegiance,
the special regents' declaration of
loyalty and the new State oath.

First repercussion from the new
law was heard in Redding yester-
day where a Shasta County Welfare
Board employee resigned rather
than sign the new oath.
' Mrs. Grace Smith, wife of Cecil
A. Smith, lumber company owner,
said the oath "seems to be a part
of the total pattern of vicious prej-
udice and hate which have tvo''
reasoned action in oi"
•'-.Hies impossible an "
' "'ous ci'

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W YORK TIMES, WEDNESDAY, OCTOBER 10, 1951.

ad
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ran-

Commager Attacks Loyalty Oath Policy
As 'Fat-Headed Pattern of American Life'

In a shaip criticism of current
loyalty programs, Prof. Henry
Steele Commager of Columbia Uni-
versity aimed a blow yesterday at
loyalty oaths as being a "part of
a rather fat-headed, feeble-minded,
though not altogether depraved
pattern peculiar to American life."

Professor Commager, .speaking
before 1,000 faculty members and
students of Barnard College,
charged that such programs were
based on the "naive notion that
there are easy solutions to complex
problesm." It was absurb. he said,
to suppose that those who were
disloyal would not lie under oath.

Professor Commager cautioned
that by encouiaging loyalty pro-
grams we were putting a "pre-
mium on conformity" and making
It difficult for the people freely to
express their opinions for fear of
misrepresentation and slander.
This, he contended, would result
m a society of second-class citi-
zens unable to voice their real

opinions, although the "only Iclnd
of advice a society needs is unpal-
atable advice."

"What will happen to our gov-
ernmental system when it is
staffed by mediocrities who don't
care to fight back?" Professor
Commager asked. This same atti-
tude, he asserted, could permeate
all of America's institutions.

The current attacks on loyalty,
Profe.ssor Commager asserted,
were based on "the noxious law of
guilt by association," although the
principal of voluntary association
was one of the fundamentals of a
working democracy. When it was
attacked, he said, society was in
danger of "drying up." Ambassa-
dor-at-Large Philip C. Jessup, the
educator contributed, was an excel-
lent example of an individual dis-
credited because of association
with "improper organizations."

"Loyalty to loyalty and the prin-
ciples of truth and toleration" are
the only acceptable attitudes in a
democratic country. Professor
Commager maintained.

SENATE GROUP AGTSi

jceeding had been called officially
(only a "preliminary" one.

IM MTADTUV riUCrL^"""^ *^^ ^^^ senator Mc-
111 IB \jAl\lnI (jAolir^'^^y s«"t to Senator Gillette a

.letter refusing an invitation to ap-
'"-ar «nd an.swer Senator Benton's |

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UC Regenfs
Drop Special

By CAROLYN ANSPACHER jg^

The University of Califor-'
,ma's special loyalty declara-lsa
tion, required of all employees an
of the institution since April |^f
of 1950, was jettisoned late J '^^
yesterday. '

I The universnys regents, meeting "^
on the Berkeley campus, reaffirmed^''
their action of la.st month when bv ^"
a vote of 12 to g, they adopted a'"
jmsolution calling for abandonment °^
of the controversial oath, but upJ^"
iioldinp the university;, emphatic' ,
stand against employment of Com- °^
jmunists. ^

' At that time. Recent Brodie Ahl- "'
pon, a member of the pro-^ --^ ^ac-
tion, moved for reconsid' a
motion that Tia> defeated bv a 12 to
.3 vote at yesterday? meeting, vith ^^
Isevcn rp2fnt.<: absent ^"
VOTES LISTED ^^
Supporting Ahlpons motion for '^^
■ ''-^nsideration were four regents, I
f.v M. Ehrman. Chester W be
Nimitz. Edward A. Dickson and lin
Edwin W. r

voting . w ... -; recon;^
^•ere RpEjents Earl J. .•
Gerald Hfegar. Cornelius J

■T R. y rd H. de

: _• :.ald Ml^c. ,^ iiiiam cij

i L Merchant, Gus Roy E.

Simpson. UC President Robert Gor- »»'

c- =-^- 'ouJ. Jesse H. Steinhart and ^^

^''' . -a Toll. tra

Not present at the meeting were^'
•I John Francis Neylan. leader of the ^
faction, and Governor Earl ^'^^

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laration

I Also absent m-ere Assemblv ®"
Speaker Sam L. Collins. Lieutenant A-'*
Governor Goodwin J. Knight. Nor-' ^
man Sprague. Pied Mover Jordan "®
and Arthur J. all mem- ^^8

ber.s of the pro- .r. i, gj.up '^^

VEVLAN LETTER tio

In the letter addressed to Robert

M. Unde- ' of the board, '"'

Neylan s ^ of a long- ^a

, standing • ,of AngeJes "=

;he would be unable to attend ve.«aer- ' '

da-- - • e * ;

i - said : > 11<

"I request that the record show h;

Continued on Page 4, Col. 1 j^
f ^ • • • '

iText of the
'Controversial
iSpecial Oath

"Having taken the Constitutional
oath of office required of public
officials of the State of CaJifomia,

Action By the Regents

UC Loyalty Oath Voted Down

Continued from Pajre 1 | academic year, but directs that It The university's lonR and bitter

if I were present 1 would vote for 'shall not be required in the future, loyalty oath controversy first I Here is the text of the University

reconsideration of the (Donald. Mc-'J^^";,^^«7^^'^,^^^^^^^^ ^" ^i^^^ °^^ ^^^ "^^^[oi Calif omias special loyalty dec'-

traditional policy of faculty tenure meeting in Sunta Barbara, thei, ^ , .. ^ w

LauRhhn resolution adopted at the I by merely noting professorial status regents voted to adopt a loyalty ;'*^^^'°"' ^^'^'^^^'^^ yesterday by
meeting on October Ifl. If reconsid- and .specifying the salary to be oath designed to supplement the 'action of the Boarrf of Regents,

eration should be granted I would Paid in their contracts. standard oath of allegiance. jwhose member.*; voted that execu-

For sortif* rp&son tlip boRrd'^i
be glad to consider all arguments The contracts just discarded were, ^p^..^^ '^.^^ kept " spcret for morer^°" °^ ^^* *^®^^ Levering oath
favoring the McLaughlin resolution. J" **"««^- year-to-year appoint- ^^^^^ ^^^ ^^^^^^^j^^^^ ^.^^^^^j^, .J would be sufficient for faculty

♦' Additional! V. I would be glad to ^^^^- was learned by faculty and pubhc "^*"^^^^'''-

be advised of any facts prompting ^^^^ month 48 faculty members, alike that in July of 194fi all uni-
this extraordinary action while the among them some of the univer- versity emplo.vees would be re-
Tolman case is pending before the sity's top academic figures, declined quired to sign both old and new
Supreme Court.'* '^o ^^^^ ^^^ "^w contracts, feeling oaths as a condition of employ- 1 1 do hereby formally acknowledge

The case to which Nevlan referred ^^^^ ^^^^ robbed of tenure, if not ment. my acceptance of the position and

was brought by Professor Edward ^^'"*'^^'^' ^^^" ^^ implication. Al- CONTRADICTORY ACTIONS salary named and also state that I

Tolman and 17 of his colleagues de- though they have not been paid ^^^ university was caught m a'^"^ "^t a member of 'he Com-
manding their reinstatement as fac- ^"^^ ^^^ '""^^^^ °^ ^^^ ^^" semester. ^^^ ^j dismay, anger and bitternensl^iunist party or any other organi-
ultv members. The 18 were dismLssed ^^^^ ^™ continuing to teach, and ^^ j^^^^^ ^v month, the regents 1 2»tion which advocates the over-
In August of 1950 for failing to sign^^*' ''"^ assumed that their back sal- ^p^ voting first to impose the! throw of the ^ n-ernment by force
the special loyalty oath, although ^^^'^^ ^^^' be paid immediately. ^j^^^ ^^lejx to rescind it. 'or violence, and that I have no

each had been cleared of any taint FACULTl' GRATIFIED in April of last year the regents |^°"^"^^tment« in conflict with my

of Communism by a special screen- Gratification of the faculty over agreed to a compomLse plan pre-j^^^PO'^^^'^i^^ties with respect to im-
inp committee. yesterday's action by the board was sented by a group of alumni thatiP^^^ial scholarship and free pur-

The State Appellate Court ruled indicated in a statement issued by provided special screening forj^^^^ of truth. I understand that •• -
In favor of the 18 non-signers early ^^^ Committee on Academic Free- those nonsigning professors ^hoj foregoing statement is a cond.
this year, found the regents' special (jom. Signed by Ewald Grether. ^^It that accepting the special oath 'of my employment and a consider-
loyalty oath unconstitutional and.^jg^n of the school of business ad- clepnved them of academic free-lation of payment of my salar}'."
ordered the Tolman group rein-, ministration, as chairman, and bv ^°"^ j

^^^ 'Professors Wendell Stanley. James "^^^^ ^^^ so-called -compromise-' ; _ ^, , ^ . ,

Subsequently the SUte Supreme ^^ald well, Robert Nisbet and Ken- ^'^^ ^^ compromise was indicated y^ 5^ Pledges Aid
Court, on its own motion, took the „^^^j^ p^^^^^ ^^^ .statement read: ^.^^'^ ^^ August a bare ma.iority of ^S I ^^ ^*,

but as yet has not-accepted it .^y^^ nr^mrr^^t^^ nn Academic ^^^ regents voted^^to dismiss the In Tf BT OH LOCUStS

-,., ,_. -„ .---. K ^ ROME Nov, 16 i^P— The United

States pledged financial and tech-

imder submission.
FACULTY TENURE

"The Committee on
Freedom is confident tha it speaks

nonsigners althought all had been
cleared.

for the entire faculty in expressing ^^ ^^^, ^^^^ j, ^,^^ ^^^^^^ ^^. ^ „, ^ ,^ ^
The McLaughlin resolution ban- its profound gratification with to- gpo^-^esman for the pro-oath lacuon **° ^^^•^" ^ * ^^^^ ^^^ ^'*^

bv the Board of

that the professors were dismissed

on the locust

of the Middle

- I. A J i V . cl .

ning the oath re-establishes the day's action _

university's traditional letters of Regents.' nol' becaiise they were subversive ^'''^ *°^' ^°^tl'

employment with the additional re- There was no indication yester- ^^t because they were disobedient. "^^^ P^^" would set up a higti
quirement that all lacultv members i day whether proponents of a special Re.sult ol the acrimonious wrangle ^°'^"^^'^'^ **^d an international air
take the State Levering oath, which i faculty loyalty oath would accept was that the university was black- force of "5 poison spray planet for
is an anti-Communist declaration, defeat 01 would attempt to pass listed by many learned societies in blitr attacks on mans ancient en-
Thc resolution passed yesterday .another anti-Communist dec I a ra- the Nation, lost some of its most'cniy Jrom India to French West
not alone discontinues the special Ition at some future meeting of the ! brilliant scholars and was forced Africa The cost was estimated at
UC iovaltv oath for the current 'Regents. i to abandon nearly 50 classes. 1 £iM4NI0 (|1.400.000».

SENATOR TAFT WRITES

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FTLMFD IN TOO SEXTnCNS

C>SL ■»- 1 /^S"'

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Vol. LXXIV, No. 252 l^^ t'r;

Except Sunday

Regents Take '
Oath but Map '
Court Test

The University of California
today was the center of a new
loyalty oath dispute.

At a tumultuous meetinp: of
tie University Board of Re-
pents in San Francisco yester-
day afternoon. John Francis
Neylan, San Francisco attor-
ney, said flatly the statewide
oath ordered bv the recent ses-

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BJon of the Lep-islature **must
be challenr^ed" insofar as it ap-
plies to the universtiy. The re-
jrents themselves took the oath,

however.

Neylan i«; the regent who suc-
cessfully led a year-long ficiht to ^
force University employes to .<;igjn
contracts reading "I am not a ^
member of the Communist Party." jc

About the time the University's S
11.000-odd employes had signed — itl
except for 18 professors contesting b
the contract in court and a hand-
ful who resigned or were fired —
the Legislature i>assed the new b
oath requirement. p

The new oath, which does not p
mention Communism by name, o
must be signed before University i
employes are paid, and Nov. 2 is
the deadline. State Controller
Thomas Kuchel ruled last week.

On Neylan 's motion, the board
decided to call a special meeting
next Friday to decide a course of
action.

He said Kuchel's interpretation
must be fought iaecause:

1. It would "destroy the inde-
pendence of the University." and is
unconstitutional. Under the Con-
stitution, the University is a public .
corporation, independent of the
Legislature, with the Regents as
directors.

PAY QUESTION

2. It might force the University a
to dishonor contracts containing

1

the non-Communist clause. Neylan
said the University, in adopting iti
own measures for screening Reds,
liad compUad with the intent of the
new law. jSitt* "fie added, if pay
were withheld from a person not
cxrnin^ the State oath suspicion
^ arise. It might be asked,
continued. "Has the tenure of
e faculty of the University been
yed ? Has a contract between \^
regents and employes any|^,
value or is it a mere scrap ofg-

1

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fciuii ol tile iiPg^islature *'must|V
be challen^^ed'' insofar as it ap-'^
plies to the universtiy. The re- ^
pents themselves took the oath,
however.

Neylan is the regent who suc-
cessfully led a y.ear-long lie:ht to
force University employes to sign
contracts reading "I am not a
member of the Communist Party."

About the time the University's
11,000-odd employes had signed—
except for 18 professors contesting
the contract in court and a hand-
ful who resigned or were fired—
the Legislature passed the new
oath- requirement.

The new oath, which does not
mention Communism by name,
must be signed before University
employes are paid, and Nov, 2 is
the deadline. State Controller
Thomas Kuchel ruled last week.

On Neylan's motion, the board
decided to call a special meeting
next Friday to decide a course of
action.

He said Kuchel's interpretation
must be fought because:

1. It would "destroy the inde-
pendence of the University," and is
unconstitutional. Under the Con-
stitution, the University is a public
corporation, independent of the
Legislature, with the Regents as
directors.

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PAY QUESTION

2. It might force the University
contracts containing

to dishonor , ^...^......t,

the non-Communist clause. Neylan j j
said the University, in adopting its '
own measures for screening Reds, i
had complied with the ^itent of the , I
new law. But; He added, if pay '
were withheld from a person not
signinj^ the State oath suspicion
wouUl arise. It might be asked,
he continued, "Has the tenure of
the faculty of the University been
destroyed ? Has a contract between
the regents and employes any
value or is it a mere scrap of
paper?"

Fourteen Regents present, how-
ever, by voice vote, urged employes
to take the oath, and set up ma-
chinery for administering it. At
the same time they emphasized ip
they are not waiving the right to i
put the law to a court test.

In taking this action, Regents
Neylan, Sidney Ehrman, L. Gov.
Goodwin Knight, Robert Sproul,
president of the University, and
Maurice Harrison said they want-
ed it understood the board is not
prevented from paying non-signing
employes.

Ehrman explained that this
would be done with University re-
serve funds, which he said "it
would be deplorable to have to
use."
Regent Brodie Ahlport, however,
wanted it understood non-signers
would not be paid. 'The independ-
ence of the University may be at
stake and we're going to challenge
it in the courts, I hope,*' he said,
but meanwhile "we ought not urge i \
anybody to disobey the law."

Regent Victor Hanson pointed
out the Regents might incur per-
sonal liability by paying non-sign-
ers.

Although the Regents' finance
committee was directed to consider
•'special cases" of absentee non-
signers, the special meeting next
Friday will consider whether to
pay those who refuse to sign. At
that time the board's lawyer was
to have ready a report on a pos-
sible court case against the new
law.

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that

Emily Ann Bronski, 8, w

CALIFORNIA BOARD I
KILLS SPECIAL OATH ^

neer-
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was

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ntial

Refuses, 12 to 5, to Reconsider

Past Vote Rescinding Loyalty

Proviso for Faculty

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Special to The New York Times.
SAN FRANCISCO, Nov. 16— A
special loyalty oath required of all
faculty members at the Univer-
sity of California for almost two
i years was voted out of existence
! today by the university's Board
of Regents.

The dropping of the oath, a
cause of bitter controversy before
and since its adoption in 1949,
came through a 12-to-5 vote
against reconsidering similar ac-
tion taken by the regents last
month. At that time, by a vote
of 12 to 8, with four absent, the
board had rescinded the oath re-
quirement. However, one member
who was for the oath had changed
hia vote and moved to reconsider,
thus forcing another show of
hands today.

Among the regents voting for
reconsideration today were Ad-
miral of the Fleet Chester W.
Nimitz and Edwin A. Pauley, oil
man and former official of the
Democratic party. Gov. Earl War-
ren, president of the board, has
consistently voted against the
oath, but his illness made him one
of the seven absentees today.

John Francis Neylan, San Fran-
cisco attorney and leader of the
pro-oath faction, also was absent,
but he forwarded a statement to
be read to the meeting. It said:
"In my opinion this motion [to
reconsider] is untimely. I think
many would vote for it after
the Supreme Court decision is
reached."

The State Supreme Court now
is considering the constitutionality
of the oath, on its own motion. It
took the case after a state appel-
late court had ruled in favor of
eighteen faculty nsembers who
sued for reinstatement because of
their refusal to sign the special
oath.

The status of the eighteen ap-
parently depended on that decision
until today's action. In view of
today's action by the regents, it
appeared that they might now be
reinstated as faculty members.

Last month, forty-eight more
faculty members, including some
of the university's most renowned
scientists, declined to sign their
1951 contracts, which contained
the special affirmation. They have
been teaching without pay since
the start of the fall semester. To-
day's ruling presumably means
that they will be paid in full.

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FIIi4EI) IN TWO SEXTTIGNS

J 7 - a"* ' Vl

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UC Regents
Bury Special
Loyalty Oath

'I'he University of California
special "loyalty oath," siihjoct
of a dispute that has rocked
the' institution for two years,
was dead and huried today.

'J'he Board of Regents voted
12 to 5 at a meeting here yes-
terday against reviving the is-
sue of -whether all faculty mem-
bers and workers on the Univer-
sity's eight campuses should be re-
quired to state in writing they are
not members of the Communist
Party.

That made final the action of its
October meeting -to eliminate the
oath requirement.

Yesterday's vote was taken at
the end of a discussion that was
quiet in comparison to some of the
bitter wrangling at Regents' meet- 1
ings since the oath was adopted in
March, 1949.

Seven Regents were absent, in-
cluding San Francisco Attorney
1 1 John Francis Neylan— leader of
riithe pro-oath faction— and Gov.
II Earl Warren— who had opposed
I the requirement.

I ) The resolution adopted in Octo-
ber and reaffirmed ye.sterday bans
the special oath for future years as
well as the current one. i

Its approval was greeted with
this statement from the F^aculty's
Committee on Academic Freedom
and signed by Ewald Grether. dean
of the School of Business Admin-
istration: I

FACULTY GRATEFUL

j "The Committee on Academic
Freedom Is confident that it speaks
foi»the entire faculty in expressing

I its profound gratification with to-
day's action."

The oath was scrapped on the
ground that since it was adopted
a State law has been passed re-
' quiring all State employees to
swear they are not members of
subversive organizations.

A number of top-ranking pro-
fessors were discharged when they
refused to sign the oath.

Eighteen of them, headed by
psychologist Edward Tolman,
brought suit for reinstatement.

The First District Court of Ap-
peal in Sacramento ruled last
spring the oath was unconstitu-
tional and ordered them rehired.

Meanwhile, the State Supreme
Court — on its own motion — de-
cided to consider the constitution-
ality of both State and University
oaths in a case still before it. This
was after the regents decided
against appealing the reinstate-
ment order.

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! quiet in comparison to some of the
bitter wrangling at Regents' meet-
ings since the oath was adopted in
March, 1949.

j Seven Regents were absent, in-
cluding San Francisco Attorney
John Francis Neylan- leader of
the pro-oath faction— and Gov.
Earl Warren— who had opposed
the requirement.

The resolution adopted in Octo-
ber and reaffirmed yesterday bans
the special oath for future years as
well as the current one.

I Its approval was greeted with
jthis statement from the Faculty's
[Committee on Academic Freedom
[and signed by Ewald Grether. dean
of the School of Business Admin-
istration:

FACULTY GRATEFUL

"The Committee on Academic
Freedom is confident that it speaks
foi^the entire faculty in expressing
its profound gratification with to-
da.\ s action."

The oath was scrapped on the
ground that since it was adopted
a State law has been passed re-
quiring all State employees to
swear they are not members of
subversive organizations.

A niumber of top-ranking pro-
fessors were discharged when they
refused to si^n the oath.

Eighteen of them, headed by
psychologist Edward Tolman,
brought suit for reinstatement.

The First District Court of Ap-
peal in Sacramento ruled last
spring the oath was unconstitu-
tional and ordered them rehired.
j Meanwhile, the State Supreme
Court — on its own motion -de-
cided to consider the constitution-
ality of both State and University
oaths in a case still before it. This
was after the regents decided
against appealing the rpin<;tatp-
ment order.

The regents also moved toward
final selection of chancellors for
the Berkeley and UCLA campuses.

President Robert Gordon Sproul
announced after a closed session
he was authorized to contact can-
didates on a list the board ap-
proved, between now atid the Dec.
14 meeting in Los Angeles.

Except for Sproul. the two big
campuses have been without heads
since Clarence Dykstra. I'CLA
provost, died, and Monroe Deutsch,
Berkeley provost, retired.

CAMPANILE WORK

The regents also approved estab-
lishing free counseling centers on
both campuses and authorized call-
ing of bids to restore the face of
the Campanile. It is estimated the
work on the 328-foot high land-
mark will cost between $231,CX)0
to S443.000.

The five regents favoring re-
consideration of the oath question:

Brodie Ahlport, Los Angeles;
Edward A. Dickson, Los Angeles;
Sidney E. Mann, San Francisco;
Adm. Chester Nimitz, Berkeley,
and Edwin Pauley, Los Angeles.

Opposed :

Sproul, Donald H. McLaughlin,
San Francisco; Plarl Fenston,
Fresno; Gerald Ilagar, Oakland;
C. J. Haggerty, Sacramento; Vic-
tor Hansen. Los Angeles; E. H.
Heller, San Francisco; William
Merchant, San Francisco; Jesse
Steinhart, San Francisco; May-
nard Toll, Los Angeles; Gus Olson,
Yolo County; and Roy Simpson,
State superintendent of public in-
struction.

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V-^TmE CiM OmIV HOMl-OWNED NCWSPAPCR %J

Founded by M. H, de Young, Publisher 1865 to 1925
CEOpCE T. CAMERON. Publisher PAUL C. SMITH. Editor

EDITORIAL PAGE

PACE 18

TUESDAY. NOV. 20. 1951

CCCCAA

Time to Heal Oath Wound

The decision by the Board of Regents to
drop the special loyalty oath required at
the University of California was a sensible
step, and marks a logical point at which to
write ''nnis" to the whole involved, em-
bittered controversy.

We have never questioned the basic sin-
cerity of those Regents who insisted upon
the special oath requiring faculty members
and others to disclaim membership in the
Communist party or organizations follow-
ing the party line. We have recognized that
Communism, with its technique of boring
from within, has presented an internal
menace calling for new kinds of counter-
measures, and that this oath was pre-
sented as such a countermeasure.

We have argued from the outset of the
controversy, however, that the harm re-
sulting from this particular measure would
more than counterbalance any good that
might result. This has proved the case.

An overwhelming majority of the faculty
—and a faculty of greater distinction and
competence has seldom been assembled in
a single university— perceived in this oath
a threat to academic freedom. They con-
sidered that the singling out of the staff
of the University of California for a special
oath, over and above that required for the
balance of State employees, betokened a
damaging condition of distrust on the part
of the Regents. They felt that the Regents
were impugning the basic loyalty of the
faculty, and thereby destroying the atmos-
phere of mutual faith essential for the
effective discharge of the teaching respon-
sibility.

A number of the leading scholars of the
university felt this so strongly that they
resigned rather than submit to what they
deemed the indignity of the special oath.
And, in the light of the blacklisting of the
university by some of the outstanding
learned societies of the country, it seems

likely that many outstanding educators
who might otherwise have joined the Cali-
fornia faculty decided to go elsewhere.

In the melanwhile, in response to the
same concern that prompted the Regents
to impose the oath, Governor Warren pro-
mulgated and the Legislature adopted a
similar oath fo/ all State employees.

That action opened the way for removal
of the University of California employees
from the "special" category by erasing
whatever need may have existed for the
oath imposed by the Regents.

Our own feeling about this new oath was
shared by many of the California faculty.
We regretted that circumstances had made
necessary this special qualification, and we
foresaw the possibility that overreliance
upon it as a Red-catching device might
build a false sense of security. But we rec-
ognized that the people of California, in
their concern over the Communist problem,
had exerted their right to demand this
statement of those who were paid with tax-
payers' money. There have been some
teachers who have objected to the State-
wide oath, but the great majority have
been willing to go along with it.

The withdrawal of the special oath will
undo much of the harm that has befallen
the University of California's reputation
around the Nation. For here, in effect, is a
public withdrawal by the Regents from the
position which had appeared to threaten
academic freedom and the principle of
tenure at the university. We believe this
will be enough to satisfy most scholars.
The continuance of the State-wide oath
will not, we think, offer any great obstacle.
There will be philosophical objections to it,
of course. But there will also be the knowl-
edge that the university itself— faculty and
administration and Regents — stand to-
gether in the determination to maintain
the bases of scholarly integrity on the
California campuses.

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Saturday night

Dear EKa

The enclosed clipoings are mostly self-explanatory, I*ve listened to a
gieat deal of talk today, but it seems to add little to the frighteningly
clear statement in this morning's Chronicle,

A few things were added to the picture by today's Senate meeting. Naturally,
I couldn't attend, so that what I've heaid is at second or third hand; most
of my information aoout the Senate meeting is simply what I heard at the
Non-Senate Academic Employees' meeting, which followed the meeting of the
big boys.

The obvious remark was made by Monr-oe Deutsch: He said that he had pleaded
with the Alumni comjiiittee not to use "weasel words" in their compromise, and
that his plea had been a failure,

Aooarently, the faculty was divided into three groups by the new "solution, "
The majority were only too glad to oreathe a sigh of relief, to express their
gratitude to the Regents and the Alumni for the successful termination of the
conflict, and to sign the surrender with a flourish. Some were unwilling to
sign the "statement", but felt that they were ready to be passed (or rejected)
by the Committee on Tenui'e. A few felt that a political test for academic
competence was the same thing, whether given in a written oath or in sDoken
testimony before a committee, and they were as unwilling to s^^-ear or state
before a committee as they were in writing.

Three statements by Sproiil stand out in my m.ind: Sproul said, "The Drinciple
which will guide this committee (on tenure) will be that a man is innocent
until proven guilty," When soneone asked, "Of what crime is this man innocent
or guilty?", Snrould replied, "I simply don't know, I can't answer that,"
Sproul was asked what would happen if a faculty memoer refused to petition
for a hearing by the tenure committee; he answered, "Then I shall petition
for him, and arrange for the hearing myself," The third statement of Sproul 's
that especially struck me, was that this process of hearings will be a
permanent procedure at the University.

The Non^Senate group voted overwhelmingly today, that they would refuse,
when called before the committee, to answer any questions on political
matters, and that they would discuss only their academic competence (by
their own definition of "academic").

I wish 1 had more details and quotations, but since I haven't, I shall not
make myself any unhappier by discussing in detail what 1 think of the events
of yesterday and today.

Yours,

B

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UC Loyalty

Dispute ';;;;,»,

Court- Delays /^^^
Acfion^ Wants •
Full Hearing

Final decision in the Univer-
sity of California's bitter loy-
alty declaration controversy,
was postponed for two and
possibly three months yester-
day by the Third District
Court of Appeal in Sacramento.

The court ruled the case of the
18 nonsigning professors against the
university's regents "too important"
to be disposed or quickly, and
granted attorneys for the regents
30 days — until October 14— in which
to file detailed answers to the faculty
petition for a writ of mandate.

Stanley A. Weigel. attorney for
the professors, was given 30 days
after that in which to file additional
briefs.

Presiding Justice Annette A.
Adams then ruled that the case will
be argued in full between November
13 and December 13.
NO ACTION ORDERED

In the meantime, the court ruled,
the regents are to take no action
toward discharging the 18 petition-
ers pending final outcome of the
case.

(A directive relative to the aca-
demic status of the 18 professors is
now being prepared by President
Sproul. a university official said.

(None of the nonsigners has re-
ceived any salary since last June 30.
But all still are receiving their
routine administrative mail and it
is believed that some department
chairmen are asking some of the
nonsigners to open their cla.sses as
scheduled when the fall semester
begins next Monday.'

The professors were among 31
faculty members who refused to
sign the loyaly declaration now a
condition of employment at the
university. All had been thoroughly
cleared of Communist sympathies
and their retention was recom-
mended by President Robert Gordon
Sproul.

At the July meeting of the board,
the regents voter to reappoint the
nonsigners and then, last month,
reversed themselves and gave the
professors ten days in which to sign,
or resign, or face summary dismissal.
STAY GRANTED

A stay, granted last week by theft
Third District Court of Appeal,
halted their ousting and extended
indefinitely the 10-day period of
grace.

"The basic issue in this c&se,"
Justice Adams said, "is whether
these protessors should be retained
in their positions. This court does
not want to disp>ose of a matter like
this without a thorough briefing
and an opportunity to give it full
consideration.

After a preliminary legal skir-
mish in which Eugene Price, at-
torney for the regents, held that
the board's members had been
illegally served, it was agreed that
the case should be argued on its
merits alone.

Sitting with Justice Adams yester-
day were Justices Paul Peek and B.
F. Van Dvke.

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violatm^ the basic precepts of aca-
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mocracy." ^

CABLE FROM OXFORD

Further support of the faculty po-
sition came from England's Oxford
University. C. M. Bowra, warden of
Oxford's Wardham College, cabled:

"Many Oxford teachers are deeply
shocked to hear of Soviet method
applied to free American scholars in
the University of California. We
who look upon America as a home
of liberty cannot believe so grave
an infringement of academic lib-
erties possible in a society which
respects freedom and learning."

Dr. Remsen Bird, former president
of Occidental College in Los An-

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AR. 6. 1 950 CCCdA

ICISCO CHRONICLE

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Prof. Chernissof
Princeton Institute
Chicles Regents

Professor Harold Cherniss of the
Institude for Advanced Study at
Princeton, a '25 graduate of the
University of California and former
professor of Greek at Berkeley, re-
vealed yesterday he had sent this
wire to the Board of Regents:

"As an alumnus, a former faculty
member of the University of Cali-
fornia and a veteran, I protest your
demand of a special oath of the
faculty. You have made the uni-
versity ridiculous throughout the
country and covered its loyal alumni
with shame. Have the grace to
recant and repent and to brins?
forth fruits meet for repentance."

FILMfcD IN TWO SEXTHONS

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^--Thi Citys Only Home -Owned Mewsp/u*

■OL CLXX, NO. 42 CCCCAAA SUNDAY FEE
. >-

Controversy at Cal''^^"

UC Professors to Fight
Regents on Loyalty Oath;
Court Action Is Planned

Challenge to Sign Up or Get Out
Arouses the Berkeley Campus;
Board's Action Not Unanimous

Professors at the University of California, aroused by the
Regents ultimatum they take the anti-Communist oath or get
out, girded yesterday for a legal fight.

Hi.. '^*'''' l"l ''"^'^y gathering funds to test the Regents'
dictum in the State's highest court.

i„ iT^' Regents, culminating nearly a year's debate on the
de^cton°on Vr^'J T '"l?' ','^' ^P""^' '^''^''ed their final
'Thru°l';iSStJ,^'&'e5S;fBe^;^l"*'li!!5^"P "^ ^P"' 30 or quit.

ley campus. Both inter- and intra

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campus phones buzzed. Top faculty
members, bitterly opposed to the
oath as an indignity, marshaled
forces. They predicted the ;:es^e;its'
action would strip the university of
its best brains and reduce it. the
world's largest university, to fourth-
rate status.
MARCH 6 MEETING

A four-man faculty committee
which warned the Re,?ents of "seri-
ous consequences" said "some ac-
tion" would be seen March 6 when
the Northern section of the Aca-
demic Senate meets in regular ses-
sion.

Strength of this opposition was
indicated in an estimate given The
Chronicle that 95 per cent of the
department heads objected to the
oath.

None opposed the long-honored
oath of allegiance to the Federal
and State Constitutions. Their
wrath was directed solely against
the anti-Communist declaration, as
a matter of academic principle
NO UNANIMITY

Nor was the Board of Regents it-
self agreed on the wisdom of the
loyalty oath. The board members!
present Friday (18 of the roster of
24) were split, 2 to 1.

"When the Regents in secret ses-
sion Friday voted to dismiss faculty
members who would not sign the so-
called loyalty oath," said Regent
Edward H. Heller, "they also de-
cided to make public the result of s<
the vote.
"It was 12 to 6.

"I think it unfortunate that a
false impression of unanimity was
given the press," Heller said.

He declined to say which mem-
bers did not favor the board action.
From other sources, however, The
Chronicle learned thsit Oovernor
Earl Warren, ex offiJio member of
the Regents, strongly opposed their
action.

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UC Professors to Fight
Regents on Loyalty Oath;
Court Action Is Planned

Challenge to Sign Up or Get Out
Arouses the Berkeley Campus;
Board's Action Not Unanimous

Professors at the University of California, aroused by the
Kegents ultimatum they take the anti-Communist oath or net
out, girded yesterday for a legal fight.

They were already gathering funds to test the Regents'
dictum in the State's highest court.

The Regents, culminating nearly a year's debate on the

Zf? °^'V-7 \"^ ^^^'""^ ^^'* ^P""S' ^««ched their final
decision on Priday. It was. bluntly: sign up by April 30 or Quit
The ultimatum stunned the Berke- , ~ ^- ^ ^ ^" ^'

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ley campus. Both inter- and Intra
campus phones buzzed. Top faculty
members, bitterly opposed to the
oath as an indignity, marshaled
ffTces. They predicted the Ilejreiits'
action would strip the university of
its best brains and reduce it. ihe
world's largest university, to fourth-
rate status.
MARCH 6 MEETING

A four-man faculty committee
which warned the Regents of "seri-
ous consequences" said "some ac-
tion" would be seen March 6 when
the Northern section of the Aca-
demic Senate meets in regular ses-
sion.

Strength of this opposition was
indicated in an estimate given The
Chronicle that 95 per cent of the
department heads objected to the
oath.

None opposed the long-honored
oath of allegiance to the Federal
and State Constitutions. Their
wrath was directed solely against
the anti-Communist declaration, as
a matter of academic principle
NO UNANIMITY

Nor was the Board of Regents it-
self agreed on the wisdom of the
loyalty oath. The board members
present Friday (18 of the roster of
24) were split, 2 to 1.

"When the Regents in secret ses-
sion Friday voted to dismiss faculty
members who would not sign the so-
called loyalty oath," said Regent
Edward H. Heller, "they also de-
cided to make public the result of s
the vote.
"It was 12 to 6.

"I think it unfortunate that a
false impression of unanimity was
given the press," Heller said.

He declined to say which mem-
bers did not favor the board action.
From other sources, however. The
Chronicle learned t^at Oovernor
Earl Warren, ex officio member of
the Jlegents. strongly opposed their *"
action. *

FUNDS SOUGHT

Meantime, a top faculty member
said a move was under way with a
funds-raising campaign to appeal
the Regents' decision to the State
Supreme Court. Some members
were even talking of withdrawing
loyalty oaths already signed, thus to
Invite a dismissal that would cata-
pult the whole affair Into the courts.

Legal action, they said, would be
based on these grounds:

1— That the board has breached
the conditions on tenure when it
added the non-Communist oath as
a condition not existing when fac-
ulty members attained their tenure.
(All those with eight years have
tenure. Conditions of tenure are
that a faculty member cannot be

Continuea on Page 12, Col. 4

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FILMED IN 'I\MO SECTIONS

)nfroversy

Berkeley
Campus Is
Aroused

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dischai^ed except lor gross neglect ^'
of duty or gross immoraJity.i

2— That the loyalty oath imposes
a political oooditiem for employ-ment
which violates both the United
States and State constitutions.
LEGAL VIEW

Faculty members of the law
school expressed doubts that -a
new condttion of employment" such
as the oath would stand up under
a court test, or that a "political con-
dition of emplojTneni" was con-
stitutional.

Dean Joel H. Hildcbrand of the
OoU««c of Cheoitetry, who earlier

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called the Reg«!ts' stand a -barrier 'roi
of mistrust and ill will,'* regretted. ol
that the faculty's side of the story ch
had Qoi been presented. th«

Dean HildriMvnd, a member of
the four-man committee, in a state-
ment endorsed by the full group.
said that **if there are Ck>mmunists
smong us they are lying so low they
at least do not constitute a menace.

"Nor can I believe that the Re-
genti possess definite evidence of
the presence among us of members ali|
of the Communist party, else they lev

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would long ago have taken the nec-
SBsary steps to apply their own
rule.'

A report recommending preven- _
tire measures to stop Communist -
mfiltmlSon at the university
presented to the board on Sept^:
ber 30. Dean Hildcbrand said

The report was made by cc
mitiees of the Northern and Sou:
em sections of the Academic Se;
ate in Tespoast to an invitatkm to
faculty members made by the
Regents. >

HILDEBRAND STATEMENT

•The report, I regret to say." said
Dean Hildebrand. *dad not receive
the attention I beiievc fct deserved
in new of the int^Hfenoe. experi-
ence and honorable character o^
the

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confident thai the meth- /
in tike report, if
strengthened as sufgested. are fully a |
latuate to handle the problem. A**^
T SB) absoh^ieijr sure tbat r- ■%
oonc&vable daiBMie te tbit mite: , P -
aty at hands of hypothetical -Com- i

- " ' "^ smoo^ US could pomtB>

I equaled tJae damage iMiiTli
-|from the unrest sad 01 «a s.^

- jiuspicioo engendered by the seri^
: t of events occurring durinf the pe

eight months.

*'If we senn hyper -sensitive " > -
should be noted that we have be^
•liie target of too many unjust, ir-ia>

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eraUy regarded as an indignity,"
said.

Dean HiJdobrand. a member (rf t^
U. C. factfty for 37 year* and c-
'^o has -already signed the oa-.-
added:

"It the oath u not thrown oui. n ^'^

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bitter disappoint-

wiU be the

df mrltfe
«*4d Dr. Edward C Toteaa of the

the
T
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"I %m confident that the meth-'#
n«lK outlined In the report, if
strengthened as surf"^!"'- •- - iyjiy
artequatp to handh a.

"I am absnljjtelv sure thai no

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have equaled the damage resuIMnt
from the unrest and il] will and,.^,
suspicion engendered by the spv.oJ^"'
of events ocrurring during the ,..
eight months —

"If wt seem hyper-sensitive
should br noted that we ha'- ^
the target of too many unj
itsponsible accusations to' accept
tamely a requirement vhich is gen-
erally reparried as an mdignitv " he
said.

Dean Hiidebrand. a member of thf
U C. faculty for 37 years and one oir
Who has already signed the oath i '

If the oath is not thrown out. n

1
abf

at

rar

thr
T

Will be the most bitter disappoint,
ment of my Ufe."

Said Dr. Edward C Tolman of thr
pysrJiology department;

"1 will not sign the oath as It
stands. I will be fired or resign first
This action is liable t^ rum the
university.'

READING OF OATB

Jhe l{«ralty oath reads:
"1 do solemnly swear 'or affirm •
that I will support the Constitution
of the United States and the con-
stitution of the State of California
and that I will faithfully discharge ^
the duties of my office according to|f^^ *^
the best of my ability; that I am not^'''^^' ^

a member of the Communist partvK^T^
or under qtiv r«ifK o,* « -.-._►.. ^- I Jland,

night.

Ml

has sc

Thf

ithe

/

or under any oath, or a party to anr
agreement or under any commit-,
ment that is in conflict with mv ob- '
ligations under thit oath" ^''"'

The Regents maintamed the oath
was required because:

*As trustees for the people of Cah-
fonuB. the Regents must continue to\rnm'\
■Kfeguard the freedom of the uni-'iJItix
versity against ruthlegs. fanatical jOovir
and subversive mmorities in the Lb v^
body politic, such a^ the Com- Son
munistpartv. !"°°

"That any member of the facultv'^^^'
who IB or shall become a member .Kg \:
of the Communist parry hns violated yum^
the term.v or which ht is emploved." L tl
STITDENT OPINION °^ ^^

Dick Hafner. editor of the DaiJv ""^^
Califomian. said he was strugglmr'* '
with an editorial for Mondav V' ° ,f'
edition. '1 do know, though" he %" .
said, "nve'rc definitely opposed to the u^t;,,.:
restriction of academic freedom " |the fl.

As for student opinion. H^^*'"**'
said a large number are intere;
the problem; "the remainder oontin^nrt*.
give a damn." ' P^"°**'

, Of the 11.000 employees required i kT^^^^
I to take the anti-Commutust oath, wo^.^
^^*^ «* twrhing employees and 1100 ^^-^r
are profenon or assistants of high , ,>,p^-.„
academic standing mcrea

Those who have not signed the S?!^'';
oath— or its eqiahwtent— by Apri] 30 o Jl
wiU not bf rehired for the academic ^0^0!^
year starting July 1 the Regcnu L.^ r
■aid ' "*^ •

Alteniative to the oath is ar s'
firmation that the faculty memb'
iB not a member of the Communi

or under commitments con-
iiiooing with t)w JlipHBtf' policy of
excluding ConumniMfee fi^m the
faculty.

' appo:

osw o:

organ;

Aid

CkJBt

land i

Atomic Medicine

WASHINGTON. Feb 25 i/P»— The;»i«
Atomic Energy Commission today jtlOBal
named two new officials to its divi-jnounc
sion of biology and medicine John bt r-
A. Derrv has been appointed execu- KM ,'Mt
tive officer. Dr. Charles L Dunharr v^ i
has been promoted from assista' ler

chief to chief of the medical branch, i becaw

^MMiiHiimMiimiiiiiiiiiiiiiiiMiniitiiiHitiimiiimiiMiiiiiiiiMiiiiiiiii
i ^br. HO

More About UC Loyal

Text of the Regents'
Statement on Policy

The complete text of the loy-
alty oath statement presented to
faculty members at the Univer-
sity of California by the 18 -man
, Board of Regents is as follows:

On October 11, 1940, the Regents
. of the University of California con-
rluded that adherence to the Com-
munist party per se disqualified a
person as an objective teacher and
announced the policy of excluding
*^' ^Communists from membership in
^^the faculty of the university. For
• more than eight years there was no
^ suggestion that the adoption of this
|^i»xplicit policy had invaded academic
*' freedom.

On June 24, 1949, a form of oath
implementing this policy, which
_. had been agreed i!pon in substance
j by the president of the university,
I the Academic Senate Committee Ad-
j visory to him, and the southern sec-
I tion of the Academic Senate, was

I adopted by the Regents. Eighty six

i per cent of the faculty and other
I employees of the university have
f. subscribed to this oath.

SEPTEMBER MEETINGS

On September 29 and 30, 1949, a
special committee of the Academic
Senate met with the Regents. After
exhaustive but cordial discussion,!--. ^'
the Regents and the members of the
faculty agreed unanimously upon a
joint statement reaffirming: "The
objectives of the policy excluding
members of the Communist party
from employment, excluding Com-
munist teaching and influence from
the campuses of the university."

Also there wa^ agreement that,
pending further discussions, "mem-
bers of the faculty and employees
should give an oath and affirmation
of their loyalty either by signing
the oath approved by the Regenis
on Jime 4, 1949, or by equivalent
affirmation satisfactory to the Re-
gents,'

Further dLscussion.*; have now
been held, and the Regents have
decided that, as trustees for the
people of California, they must con-
tinue to safeguard the freedom of
the university against ruthless, fa-
natical and subversive minorities in
the body politic, such ajs the Com-
munist party; that any member of
the faculty who is or shall become
» member of the Communist party
ha» violated the terms on which he
Is employed, and that he is not en-
titled to tenure, which involves r^.-
sponsibillties a»^ well as privileges,
and shall be dismissed after the
facts have been established by the
university administration, which
«hall consult with the Committee
on Privilege and Tenure of the
Academic Senate, but only as to the
adequacy of the evidence of mem-
bership in the Communist party.
QUESTIONS OF TENURE

In relation to all questions re-
pardmg tenure, the Rodents reaf-l
firmed that the responsibility is the'
common concern of the faculty, the
president and the Regent*, in ac-
cord with the terms of University
Regulation No 5. promulgated in
revised form June 5. 1944. The Re-
gents will therefore adhere to their
traditional practice of taking no
action against any member of ttie
faculty on grounds other than
menxbership in the Communist

party without referring the case
through the president to the Com-
mittee on Privileges and Tenure nf
the Academic Senate for full find-
ings and recommendations as in the
past.

The Regents, in the light of the
facts stated herein, give notice that
a condition precedent to employ-
ment or renewal of emplovment in
the university shall be the execu-
tion of an oath in the form pre-
scribed on June 24, 1949. or the
equivalent affirmation that the ap-
pointee Ls not a member of the
Communist party or under any oath
or commitment or a party to any
agreement that is in cx)nflict with
the policy of the Regents ex-
cluding Communists from member-
ship of the faculty of the univer-
sity. Such or affirmation shall ac-
company the letter of acceptance nf
appointment and shall be a part
thereof.

Each appointed will he notifipd
that if an acceptance of appoint-
ment on the terms stated is not re-
ceived by the Secretary of the Board
of Regents on or before April 30
1950, he will be deemed to have
severed his connection with the
university as of June 30, 1950

The Deadlock on UC Loyaltv Oath

<~^^

Text of the
Charges by
Three Regents

Following is a statement issued

'We Must Stand
Firm/ Faculty
Spokesman Says

Professor John D. Hicks, a leader

Alumni Council
Offers Services
For Mediation

The University of California P"^"^ '"

trial.

Ye. 'e|.
J. Rocl.e
that indi.

Geonp
ker, s&id
fied wit,
Bridges c
Jury hes
the Qove

^yesterday by Edward A. Dickson, of the Universitr T Camorma"' a/ • , '""'"'^'^ ^' ^*"^«''"''

.flchaiman. and. L. M. Giannini and ^^^"'^y. yesterday replied with re- /^ """"I Association Council yester-

a.! John Francis Neylan members of K^^!"^ ^"^ ^^'"^ determination to "^^^ ""^'^^ '^'^ ^^''^i^es as mediator

■P the Boarri of p*.crp,.tJ «f ,u ^ ■ '^°^^ ^^''" Statement issued by!'" ^^« special oath dispute between mens ur

e the Board of Regents of the Urn- the chairman of the Board of Re- faculty and regents that will reach A" arc u

.tiversity of California: genLs. Edward A. Dickmson. andjits climax Apr' 21 when th boa d ^'« '>^'^'

Vi Those pent empn nn«, o,-.oorTi«« i^'two member.-? T. \k cwr.^r.k^-, «„-, ^ ^ ^^ ^"^" ^"^ Doara !

The th
were ntt
Longshor
men's Ur
All arc u

Those gentlemen now engaging in^^'® members, L. M. Giannini and L^^,, «. r^
dja -cold war- upon the regents whol''°^" ^'^"^^'^ Neylan. meets at Davis.

- In its announcement, the council

Under
might be

I constitute the lawful governing body! '^^^ Regents' latest blast drew fire j ' "*^ """"''" gration i

5t of the university, must be held ac-I^^O"' two other professors. Raymond 1^''^®'* '^'^^ regents and faculty toltion wou

' countable for the consequences. J- Sontag, Sidney Hellman Ehrman. i "take whatever steps are deemed 'appeals a

Evidently preparations are being Professor of European history, and, proper and necessary to arrive at a I A di>p

made to attempt once more to in- E. V. Laitone. associate professor of ! sat isf art nrv onH «v/^«^. «i *■ * tralia sai

timidate the regents at their meet- .mechanical engineering , satisfactory and proper selution toj^^^^^^^'

ing on April 21. , Sontag declared: "Regent Neylan * ^'''^^'"'- jit would

The people of Cahfornia should ^"ows my record of opposition to' -^ P^'^test meeting of the student:? | attempts

know now that the regents consti-i-CGmmunism. I differ with him only'?" vlf- ^^^^^^«y campus, scheduled j his home

tute the last barrier to completejon the best way to fight Commu- ' '* morning, at 11 o'clock was| They tl

domination of the university by a'nism. Why can't honest men whoi^t^^^f^ because of Good Friday j had rem

dissident minority of the facultv.'want the same thing settled this I " * ^^^^ ^"^^^^ °" ^^^^^^ i ^®"^^^P •

«'hir>h riPmonHc tv,o« „ ^ — * ^j iJi.-» >.««^^ w, „,, |morning at the same hour In the naturaliz;

■A
3.

3.

;e

'P

i-e

i-
)-
la
n.
i-
i-
it
Id

3-

to
se
ie
1-
e-

which demands that a confessed like reasonable men:

Greek Theater.

he could

an immiE

c-
to

i&
ve

se
a-
re

ht

Communist shall enjoy the .same| Laitone. a signer of ihe soecial ' o

honors and privileges as the most I oath, wrote to University PrSden ! S^'"^ ^00 nonsigners of the oath
distmguKshed and loyal professors. Robert Gordon Sprou[ i^!?''. f '*"" ""^^^^^^^y''^ F'aculty Bridges

REFERENDUM VOTE ••!« view of the un-Christian. un- St^ention i''''sU^d^i™'•'in^nt" Govern r

This unidentified minority has an- Idemocratic and un-American atti- Jnion to the oath I The Br

nounced implacable opposition to the^ude and intent now revealed by the ..... 'eight mei

regents' poUcy excluding Commu-' action of a segment of the Regents. ^ 7^ ^■^'come the leadership of ^^^ ^^^^
nists. notwithstanding the fact the I have no recourse but to demand ' ^^^^^^Z" ^^^^ ^ ^^^^ ^^^ ^^^ ^^^^^^ ^^
policy was endorsed by almost 8o|the return of my loyalty oath. I am V^o"^"^»ttee of Seven in the united -^^^^
per cent of the faculty on referen- ashamed to admit that I signed thel ,7."^?^^ ^^^ reversal of the re-,^ ^
dum vote. loath. now that I fully reaUze the ^^"^ decision," a spokesman an- "jf ^.^^'^

They demand that the regents '""P^-^^cipled intent of these gentle- '"^"""^"^ ^''"'' ^^^ "^^^^^"^- 1 , ,

shall perpetrate a fraud on the pub-'™^"" ' .T.^^^^ ^'^^^^ ^^^^ considered si?- bUlt F

lie by accepting an utterly mean
ingless
' policy.

Hicks, chairman of the U. C. De-

man of the Academic Senate's com

They have repudiated the oath'"^^^^* ^^ ^^^'^" "" ^^^ ^^-^alty oath

issue. He declared:

nificant in view of fearg which had

ingless formula for enforcing the P^^^'"^"^ of History, is also chair-

nniimr TYinn nf tH* A f^rtriarvyi^ o»,,-»-._ _ ' that non.^igners — representing about

12 per cent of the faculty— might iln

Dead

now in controversy, which was drawn

been expressed in some quarters

A dead

— ^-...— Redw

take action independent of the re- yesterday

"To the great regret of the loyal I "'^^"^^^ °^ ^^* faculty. Their deci- The ho

t-

Kl

by President Sproul in agreement, ^^ ^^^ ^^'^' '^^^^^ of the loyal j --"^ 7 -« «^^^

with the Advisory committees of thc^*^"^^'^ "^'^ ^^^ ^" » controversy with r°" ^^ ^^"^ ""*^«d action. Meadows

Academic Senate. \^^^ Board of Regents— or with a ' ^" Monday afternoon at 4 oclock ing true!

[Statement of the Board. But thei''^^ faculties of the university will Jack Pa

I />nn f T•/^trAT•c■1r c-ii».«.n..n w- . ...; meet in .CnAPial coecinn a^ vxru._.i._ . 'Cvnoox.. .

meet in special session at Wheeler ' Express a

Hall. . I Yesterc

Some 65 deans and department [Pasadena

heads of the institution have already ["^l^ ^or $
1 .. ... $7500 for

$25,000 fo

On November 7 they repudiated 13!."*:;' °' '"' ^°*'^- ^"^ ^^^

a solemn agreement between the ^^ 7 surrounds a question

regents and the advisory commit- °^ ^T'^'P^*' "*" ""^^^^ ^^ "^"^^ «^"^

tees of the Academic Senate con- ^^

eluded on September 30 I Kicks added there was nothing 1 : v.„«vxwwi«vc «,iica*j,

They have refused to consider in P°^ ^"^ member of the faculty to j ""^.''"P^^^ly reaffirmed their sup-
lcorpK)rLmg i^the in^v^dT^^^^^^ ^"^ "^^^"^ "P^'^ '^' decision ^^1;^°;. ^^%A<^«f«^ic Senate in its

".jtrac^anyUestandSvepro:'^^--^^^^^^^^^ ---^ -' of ^^-t^^^^^^^^^
es vision against Communists. overwhlemmg majonty of the ^<^^-\Zey Lilred^^^^^^

,-L,._^„ ^ ,,^.„^ idemic Senate.' ''"^^ aeciared their intention to

' ! MARCH 22 VOTE „; u , „ ^ stand behind any university em-

^ A settlement of everv problem by . "^fn^t fh/f ,/">f"w'T '"^ "^^loyee, not a Communist, who is
I an honest formula implementing thel ^inas af vof^ fL ?"' '^^ ^^^"^^^^-^ ^^"^Plv for refusmg to sign

«lpolicy of excluding Communists was^f.^f', r J^I?,^ /% Po hey ex- the oath by the April 30 deadline
^ I possible immediately following the'?.u?'''^,H? ^^ '''''" ^^* fac- established by the regents.

faculty vou of March 22 Thevi" ^^' ^ Proposed a contractual, , . .

.w forced rejection ^^ej , g,^,„, ,^,j^^^„g ^^^^^.

■ I ,nists.

••I Even if some of these men are:

» eminent and reputable scholars.jPan American UnitV

I they have no legal or moral rightl WASHINGTON. April 6 (/P)-Thc

-lliorl^J^'n thP^r" n" '''' «^^eat | House today observed'pan Ameri^n
« ,?ri ti^ their colleagues and | Union Day with speeches praising

Christian

upon the governing body of the uni
^ersity. Such domination by a
minority us practical Communism.

By threats of resifnations they
have induced the president of the
university to abandon the policy
into which he led the regents,
when he asked them to "uphold his
hands and clarify his authority."

By a recalcitrant attitude they!
I j have maneuvered the great majority'
of their colleagues into an attempt
to buy peace by supporting a mean-
ingless formula.

To placate this Implacable minority
highly reputable and loyal men have
embarked on a "cold war" against
the regent*.

the unity and good will among na-
tions of the Western Hemisphere.

QUICK LOAN SERVICE

Payments you can afford to meet.
Auto, furniture and jewelry loans.

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H.
C

Op

NA

^^

ro

n

P*)— In
?e, a
;earch
t, has
in a

'day.
swept -
to be
'Ur.

ler ex-
•nly by
oached
/ short

rbo-jet
vet en-

Basic Agreement Reported
On U. C Loyalty Oath

The loyalty oath controversy
between regents and Berkeley fac-
ulty members of the University of
Cfalifornia is no longer a contro-
versy, an informed faculty member
said yesterday.

The professor, who declined to
be named, said the faculty and re-
gents are "in complete agreemjent
as to objectives," and are confident
they will work out a mutually ac-
ceptable formula soon.

"We are in complete agreement
as to the ultimate objective of en-
suring freedom of objective Intel-

regents on th|

ferences with the
problem."

The regents had met Saturday
and announced they would con^
sider an unspecified "equivalent^
to the latest revised oath. The|
added, too, that they are in "com*
plete agreement" with the faculty
on the objectives of the university
policy, excluding members of the
Communist party from employment
and Communist teaching and in*
fluence from the campuses of the

lectual activity," said the faculty! university

meniber. "All that remains is toi About 57 per rent ol the signed
decide on t^ieir implementation, loyalty oaths had been turned in
and we are going to work in con- by Friday, it was disclosed

/

r

Chronicle Home Delivery Service I

is yours daily and Sunday for $2.00 per
month, 50c less :han the newsstand price.
Don't miss a day of informative news and
entertaining features. Start your Chronicle
subscription now. Call GArfield 1-1112, or
your local dealer.

FOUNDED 1865— VOL. CLXX. NO.

an JTitanmro ©ittanirle

V^^The City-s Only Home-Owneo NewswJpwT/ "^ ^^^^^ ^ V

UC Alumni Seek to
Resolve Oath Dispute

Law Dean Prosser Says Regents
Threaten 'Dissolution' of Faculty

The regents of the University of California as a result of

their demand for a **sign-or-get-out" special loyalty oath, will

strip the institution of its faculty, and leave it broken.

This was the statement yesterday of William L. Prosser,
professor of law at the University

of California, chairman of the de-
partment of jurisprudence and dean
of the School of Jurisprudence on
the Berkeley camplis.

Also yesterday. President William
M. Hale of the California Alumni
Assn. announced the university's
36,000 alumni are vitally interested
in seeing a solution of the prob-
lem. A special alumni association
committee is analyzing the subject
and has offered its services to all
concerned to reach a satisfactory
solution that will be beneficial to
the university. (See Page 2 for de-
tails.)

As Dean Prosser sounded his
warning, Lieutenant General Albert
C. Wedemeyer, commanding gen-
eral of the Sixth Army, gave
full support to the ten regents
who last month rv^af firmed their de-
mand for imposition of the special
oath as a condition of employment.

Store Hours 9:30 to 5:30
except Monday, 1 1 to 9

special purchase!

Royce Brier is out of
the cify. His column,
This World Today, will
be resumed next week.

The general, whose statement in
full is on Page 2, expressed belief
the board does not intend to re-
strict the freedom or academic ten-
ure of faculty members by imposing
the supplementary oath.
ANOTHER GENERAL

But from another American gen-
eral living in La Jolla came support
for the university faculty protesting
the oath.

General Holland M. Smith, re-
tired. Marine Corps, known as the
"father of amphibious warfare,"
told The Chronicle yesterday he
had spent 40 years fighting for
principles, and involved in the cur-
rent UC controversy he said are the
same principles for which men
fought and died in the last World
war.

"What is happening here now is
how the Nazis formed their power
and gained their strength in Ger-
many,' 'he trumpeted.

"In the armed forces of the
United States we do not dismiss
men without a trial — a court-mar-
tial by their fellow officers. They
are allowed counsel and the rules
of law are followed.

"In the professions, hi medicine
and law, men are admitted to prac-
tice after examinations given by
their brother doctors and lawyers,
and are disbarred or removed from
practice also by their confreres.

"The regents of the University of
California are seeking to deprive
professors of their actual livelihood
without the right of trial, which is a
violation of the basic principles of
the Constitution.

"They are attemptf*>g to dismiss
from the faculty w'uiiout hearing
and without concuirence of their
fellow faculty members eminent
men in all branclitt of learning, de-
priving them of V^"'t<*-niination of
their own memberjihip.

"I am outraged over these devel-

CCCCAAB

I he Weatner
Promises to
Be Fair, Warm

Today— and the week end
— will be warm and fair, the
Weather Bureau predicted.

There will be a 10 to 20 m.p.h.
northwesterly wind, but other-
wise the weather will be balmy.

Yesterday San Francisco and
Oakland temperatures hit 62
and those in «an Mateo and
San Rafael rose to 68.

The CaUfornia State Auto-
mobile Assn. said mountain
highways were clear, although
chains should be carried as a
precaution.

SAN FRANCISCO, SATURDAY. APRIL IS ]

Kecora myn'

{City Budget

Mayor's Spending
Program May Hike
Tax to Nearly $6

By RAY LEAVITT

sd
o)

SI

I
p

S<

950

opments. Many of the men standing
against the regents I knew and
fought with in the Pacific. They
stood with me m the shadow of
death, ready to sacrifice every-
thing for their country. Now they
are accused of Communism. This is
a violation of everything democracy
means."

Speaking at the University Club in
Los Angeles before a meeting of Boalt
Hall graduates, Dean Prosser de-
clared that the issue involved in the
long and bitter controversy with the
Regents is not one of Communism.

•MOST IMPORTANT'

The former Harvard professor as-
serted flatly that he knows of no
Communist on the faculty at Berke-
ley, and added further, that so tar
no member of the faculty who is,
in fact, a Communist has been dis-
covered.

The February
the regents to sign
April 30 or be

Continued on Page 2, Col. i

Belgium to Hear
Leopold Message

BRUSSELS, Belgium. April 14 (;P)
A message from exiled King Leo-
pold will be broadcast to the Bel-
gian people tomorrow.

This was announced tonight after
the return of Premier-Designate
Paul Van Zeeland from conferences
with the King at Pregny, near
Geneva. There was no indication of
what the message would contain.
The time of the broadcast was not
given in a communique issued by
Van Zeeland.

South Dakota Fire
Perils City Block

MITCHELL, S. .D, April 14 </?)—
Fire today destroyed the four-story
Wldmann Hotel, jumped to two

The company said the increase
were necessary because of rismg!
material and wage costs and the
burden of additional service de-|
mands imposed by California's 54'
per cent population growth in the
last decade.

"If expenses increase beyond pres- 1

ent expectations because of highfr

Mayor Elmer E. Robinson, material costs, higher wage rate.sj

yesterday sent a record cityjor other factors, the application!

budget of $151,664,020 for fiscal ;^ould have to be amended to cover |

1950-51 to the Board of Super- jt^g increase." the company's state-'

^^^°'*^- jment said. |

The expenditure program

however, did not reflect an antici

CA Ml 12 DAI

Warehouse
Struggle

159 Union Leaders
Support AFL in
Jurisdictional Fight

Leaders of 159 AFL unions,

more State aid in m€etli
and other welfare costs.

This move finally endec
ing the bill in questior
committee.

Both Houses of the
sought final adjournmen
session tonight, but diffici
school legislation cause(
minute deadlock betwee^
and Assembly, blocking
ment until Saturday.

THE LOUDEST VOICES

Senator Chris Jespersen

meeting in an "emergency" Luis Obispo) hit the polii

morning session. yesterday on the head during the d

The proposed increases would be voted full sunnort to the AFL "^'"8^ ^^e rainy day fund
,-,--, ._ ..^ ._, . T.,^ t't^ ^^n^^ otfo^fion to "tho.^

spendnig an

and State grants for old age PC""j!^*irQ

sions and blind aid which would ^° «„« ,. .^ .,.

the PUC, the company said the pre

vious rate increases amounted to "P a campaign to try to force nidi

reduce the budget to $136,164,020.

pated $15,500,000 return in F^ederTl «^^^^ \l^^'^''' f*"^f,^ ^^^"^ ^'^•\y^av^ ^^

v,,o..y 1947 to July, 1949, amounting' . , r- . . ...uu 4.i,« rm louae.st lor

J59.00O.OO0. In it application to ^»°"«1 ^'^^^ ^^^^ *^^ ^^^' I raising taxes.

They formed a committee to set By the failure of the toi

bill, which had been ap
Thus the net budget would repre-j^jYi 27 per cent of prewar rate7^»dual firms out of the Distributors the As.'^embly last week, t

sent an increase of $2,823,679 o^'^ri-pj^g ,.^gg " ' *- -' ^-'" — •" -^ — ,..,.-_...-

the amount budgeted in the current
fiscal year which required a prop-
erty tax rate of $5.66 to support.

The Mayor's budget did not con-
tain salary increases for city employ-
ees amounting to $2,151,212, which

in general living costs
has been 66 per cent for the same
period, and company wages have
increased more than 100 per cent,
it said.

The application said estimated
were authorized by the Board of learnings for this year will amount
Supervisors in the recent adoption 1^° 5.3 per cent on investments with

of the salary standardization ordi-
nance.

SUPPLEMENTAL REQUESTS

Supplemental budget requests, now
being transmitted by departments 'to
the Mayor, will also swell the final
budget figure. The amount con-
tained in these requests thus far
total $1,500,000.

Association of Northern CaUfornia series of bills making new
so the present CIO contract can be ations to the schools an<
challenged. counties went overboard

At the same time, the CIO union A last-minute action
started to muster its forces on a [Houses protected the curi
State-wide basis. \^^^'<' State grant per pupil|

„, ^ ^ ^ ,, „. I corresponding local lax

The CIO International Longshore- 1 ^^^ schools
men's and Warehousemen's Union | g^^jy ^^^^^ ^^^^ g^^^^^^
the prospect that next year they called a conference of representa- ^^_jg ^^^^.^ defeated an at

will decline to 5.1 per cent.

VARYING RATES

The requested increases are not
3n a flat 10 per cent basis, but

vary according to locality and tj^pe ! ^^^ion is expected to work out J'a

of service.

The revised rate schedule calls
for a reduction of about 20 per cent
on

fives of all its Northern Califorma ^.^^^ ^j^^ ..^.^^^^. ^^j... j^,^^
locals for today to discuss the AFL $35 ooo,ooo for the schools
'^"*^^- I counties for welfare purt

Sources in the ILWU declared the •unsOUND FINANCING'

In leading the fight agaii]

co-ordinated program of action. ^ „ j .. ^ ^

This, it was said, will probably |°" ^^e rainy day fund.

take the form of a resolution pledg- ^f" "ulse .Rep-E Centro.

„. „w^^v — ^,v.. — " -^^ .u^ r^-rr\ ^,-,.«i-.«,,c-«,-« th« full the schemc was * unsounc

The increases point to a certain"" ^tation-to-station calls ^ ^om j ^g tl.^ CIO ware^^^^^^^^^ He .said the Sen

jumpinthetaxr^e.butitishoped|»«f/l.^"tijl ««d business telephones , ^^n^^^^^ California "" reality, would be forcing t

that the Supervisors by further ' ^^^^m Jhe area from Sfm^ Rafael. ,NormY^n c^^^^ ^^^^„^ , into "deficit financing.-

""-- *-' tax bill ha,s 1

than the p
v*Qc Hocn

The Mayor pointed the way thiS;*'-J=^- |thing for them to carry."

year by cutting $7,573,534 from de- SAN FRANCISCO:- Business poUowing the AFLs "emergency" ^^*^"-
partmental requests, which had to- Phones will increase from $5 2o Per j^^^^^^ ^^^^^^ j^j^^g secretary of .,--._. «, -
taled $159,217,554. month to $6; one party residents. ^^^^^^.^ gan Franci.sco Labor HLRB RuleS O

In his budget message to the
board, the Mayor said:

"I came to the conclusion that the
strictest economy had to be exer-

„ ,. ,that the Supervisors by further ' ^I^^^^^ t*^*^^*^ ^^"^ ^Ai' ^T*^' I "if it gets hot enough around i"^o "^^^icit fi

i^^n^roS bv^^^"^'"^ ^^^^^" ^^" ^^^P ^^^ -^^iSnc :ans'a^^ir:ra??e'cred"'^he^^^^^ T^rTV

ign tne oath by under »6. Last year the Supervisors] «"^'*"" ""s «"e not atlected. „ji legislative lives

^"■""'"•y ''"''■ trimmed $5.0(Hl.o5o out of the budget. S»">p« rates under the "'-> ^Z\hTJcl^r^T.out^r"Z^^^^^ T^!"- ''

vote of defeat, but has po|

San Francisco: business phones up
Continued on Page 6, Col. 3

cised . . ."

The Mayors recommended spend-
ing program will be turned over to
the Supervisors' Finance Committee

for study and action, with adoption f>^»**««l#% lA/ <*■•■««> #%m
of the budget fixed for June 1. fvOfflUlO ff afflS Off

QUESTIONING PLANNED

Supervi.sor Chester MacPhee, fi-
nance chairman, said his group will

$4.75 to $5.25. two party residential, ^^^^^.j ^^^^^^^^ ^^^^ battle "is not ^ . ^ ^^ ^. i
.2 «n t $1 « ^ "" * jurisdictional dispute nor a raid Cool'Otf Chul

OAKLAND, BERKELEY, ALX- "A phony sell-out deal has now WASHINGTON. April 1^
MEDA: — Same increases b& for been negotiated between Local 6 The National Labor Relation

and the distributors." Johns said. ruled today that— so far as tl

"By jumping the gun and making Hartley Act is concerned— I
this deal as an industry deal, the can legally call a strike bel
employees in individual warehouses expiration of a contract if
were forestalled from having a free 60 days' notice to the en.
election to determine who should it was the board's first ai^
be their bargaining representative, j terpretation of the 'rnoil

•Tt is our intention to use eve -t clause of the Taft-H..
means at our disposal to influence Overruling a trial examiner]
the members of the Distributors' sion, the five-member

Armaments Race

MANILA. April 14 (UP)— Carlos
call in all department heads to j^n^^jQ^ President of the United

justify their budget requests. He j Nations General Assembly, returned- , , , , .u- • i

promLsed the committee will strive; home todav with a warnine that the'-^^"' ^ ^^^ ^^^^^ °^ ^'^^^ vicious in- unanimously that a unio;

to keep the budget "within reason-
able limits."

In accomplishing a budget de-
crease the Mayor reduced the num-
ber of requested new city positions,
automobiles, overtime pay require-

cold war will continue as long as
there is' fear of an armaments race.
Romulo. nominally chief Philip-
pines delegate to the United Nations,
told a press conference that the
world situation is neither serious,

dustry contract and make it po8si-|to modify a contract be:
ble that an election be held in in- 1 piration without violating U
dividual plants to determine the | hartley law.
wishes of the men involved." !

The contract attacked by the AFL 0-|--aI.^-, li/irtc
Continued on Page 7, Col 1 t^eUXrier ff I rMS

Fn/ffiD IN TWO SECTIONS

sical
1950.

irs

copyrifm. iMti, t,m\» i

■^^►*^.#» «■**•

Non-Communist Oath in California

University Disrupted by TneedMiim-Twppdledpe Dispute

711-
un-

ne:
\ the
idea

Sbirds

•^hich

3 ca-

V not

•J have

J ch is

I ority.

learn

Ij^nixed
\S one
f\\ his
•»^ with

BERKELEY, Calif.— Taken at its
face value, the bitter conflict
that has arisen over the non-
Communist oath requirement at the
UniversitJ' of California appears to
reflect no more divisiveness than
existed between Tweedledum and
Tweedledee. The best evidence that
the face value is not the true value
lies in the violence of the struggle
that is currently being waged be-
tween the faculty and the univer-
sity's Board of Regents— a violence
that has become so deep-rooted that
it could conceivably destroy the Uni-
versity of California as a major seat
of learning.

Superficially, the battle is being
waged on these grounds; over the
years employees of the university
have been required to take the fol-
lowing standard oath: "I do solemnly
swear that I will support the Con-
stitution of the United States and
the Constitution of the State of
California, and that I will faithfully
discharge the duties of my office ac-
cording to the best of my ability."

To this oath, one faction in the
current dispute wishes to add the
words "and that I am not a mem-
ber of the Communist party or under
any oath or a party to any agree-
ment or under any commitment that
is in conflict with my obligations
under thi.s oath."

The other faction wishes to see
the standard oath remain un-
changed. They wish, instead, to pro-
vide that all future contracts em-
body a statement that the faculty
member concerned accepts his posi- f
tion subject to the resolution of the
Board of Regents excluding Commu-
nists from the university. In addi-
tion, they provide a statement that
proved members of the Communist
party shall not be employed as mem-
bers of the faculty, by vote of the
faculty itself.

By Stephen W kite

answerable to the Legislature only
for funds.

For some reason which has never
been clearly explained, however, Mr.
Tenney's antics struck a sort of low-
grade terror within the ofBce of the
president of the university, Robert
G. Sproul. In April of last year Dr.
Sproul decided that it might be well
if the university's Board of Regents
Imposed such an oath, and soon
thereafter the non-Communist oath,
drafted by the president's office, was
approved by the Regents. Letters of
appointment went out last summer,
as they go out every summer, de-
manding this time the new oath.

Bettveen Faculty and Resentg

the omi.ssions, such as Ernest O.
Lawrence and Herbert M Evans, all
the more noticeable.

The major newspapers here havt
all taken strong positions on the dis-
pute-mostly in favor of the Regents.
This group is led by the Hearst
press, while on the other side "Th«
San Francisco Chronicle" has been
outspoken in favor of the faculty.
Almost every public figure has been
called upon to make a statement of
some sort, and most of them hav«
complied.

,r may

ri

o

con-
O him,
*»<uy.
• birds
ot. Let
■If so,
s sin-
dig-
obin
be-
ing
•f a

'T'HE conflicting stands of the two
■*■ factions have been presented
above without specifying which ol
the factions maintain which of the
two positions. The fact is that, at
least as far as the impact upon
Communism within the university is
concerned, the two positions offer
little choice between them. Either
the faculty or the Regents could be
stubbornly holding out for the oath
as against the statement, without
altering the situation appreciably.

In point of fact, it is the Regents
who demand the oath, and the fac-
ulty which prefers the contractual
statement. On the real question of
principle— whether proved Commu-
nistjs should be employable as mem-
bers of the faculty— there is no
major difference of opinion.

All this is clearly not enough to
explain the disruption that the uni-
versity has undergone. The real
state of affairs can perhaps best be
seen in a chronological account of
the events that have led to the pres-
ent crisis.

'^FHERE was, at the time, a small
■*- chance that the event would pa.ss
unnoticed. The huge majority of
the faculty here has no basic objec-
tion to signing such an oath. About
half of them immediately did so.
But a small minority objected, on
various principles, to affixing their
signatures to the oath.

Their reasons were various. Some
insisted that the standard oath was
oath enough, and that it would be
cheapened by addition. Others felt
that the requirement of a special
oath reflected on the loyalty ana
integrity of the faculty. Still others
maintained that the provision of an
oath was no sensible way to catch
Communists.

Strangely enough, the principle
that Communists were entitled to
hold academic positions was never
seriously maintained. The dissent
was a dissent on method, in the final
analysis, rather than a dissent on
purpose.

But whatever the strength of the
minority position, it found a large
proportion of the faculty willing to
lisien. The majority of the faculty,
almost unanimously, held that if
refusal to sign the oath would mean
dismissal from the university, some
bftter method of clearing out Com-
munists should be sought. And by
a tradition that goes back to the
birth of the great universities, it
was the function of the faculty itself
to tend to its own house and not
the function either of the Legisla-
ture or of the Regents.

And there, squarely, the real bat-
tle lines were drawn. The faculty
stand brought immediate resLstanc'e
from a group within the Board of
Regents, led by John F. NeyUn, a
prominent San Francisco lawyer,
and A. M. Gianinni, president of
the Bank of America, The matter
boiled down to tlie simple truculent
question: "Who's running thus uni-
versity, anyway?" Was it to be the
faculty, as academic tradition de-
.mands? Or was it to be the Board
of Regents, appointed by the Gov-
ernor and representing the State of
California?

TT HAS become clear that, should
-■■ the Regents persist in their pres-
ent course, the university faces a
major disaster. Dr. Sproul will un-
questionably be forced to go. and will
be replaced by a president more an-
swerable to the majority on tht
board. Large numbers of the faculty
who have refused to sign the oath
will be discharged. Those member*
who have signed but who have
nevertheless fought the oath will
have little choice but to resign.
These men are the university's best;
their departure will leave this great
university little more than a good
secondary school. The chances of
replacing them with their equals will
be slight, for a university which lose*
its high reputation is doomedlf

And the present course of the Re-
gents heads them squarely to thia
outcome. The majority has voted
that all faculty members whose oaths
are unsigned by April 30 are to b«
discharged as of June 30,

TN THE months that have pa.ssed.
■*• the faculty has sought by vari-
ous means to propose compromises
acceutshle to ♦>>* RnorH nf ■d-.«»«»>*-

/^ONSIDERABLE damage
^ already been done. The faculty
committee is reticent to speak of Mm
matter; they are still fighting th«ir
cause with unpolitical decorum and
choosing only the most polite of
^^eapons. But faculty members ar«
already leaving. Universities ahop
constantly among each other's
staffs, and the uncertain situation
here makes California take on aome
of the aspects of a bargain counter.
And on the other side, California
may already have lost the oppor-
tunity to win at least one important
group from an Eastern university.

Bitterness has been created with-
in departments, where feeling can «i
times run high and where the oc-
casional dissident from the major-
ity position finds him.self being con-
sidered something of a traitor to his
group. Public statements have be«n
made, both within and without the
university, that will not serve to
sohdify old friendships or make new
ones. Still worse, a failure to maks
a statement is considered somewhat
ofren.sive, so strong has feeling
grown.

All this is real damage, and will
survive any outcome, however satis-
factory it may seem. It is this real
dissolution which gives the faculty,
in the end, the overwhelming power
In this dispute. It seems almost
certain that present majority among

thP RftlTPntc in t<rv|A .»...-* ..J-t.« — ••

to be

>m our

lected

urtesy

rs. C.

itdoor

for a

t we

words

;y tlie

mita-

essing

rectly

ation

lickly.

on a

ction

1942,

I and

)w it

war

jeen

our

by

•vid-

rob-

In

«ens

the
vare
;on-
nost

un-

ne:
1 the
idea

birds
hich
ca-
/ not
have
:;h is
ority,
learn
, the
•nixed
f one
n hi£
with
may
con-
him,
<uy.
birds
t. Let
If so,
s sin-
dig-
obin
be-
ing
>f a
t Is
>ird.
E.
1950.

Tweedledee. The best evidence that
the face value is not the true value
lies in the violence of the struggle
that is currently being waged be-
tween the faculty and the univer-
sity's Board of Regents— a violence
that has become so deep-rooted that
it could conceivably destroy the Uni-
versity of California as a major seat
of learning.

Superficially, the battle is being
waged on these grounds; over the
years employees of the university
have been required to take the fol-
lowing standard oath: "I do solemnly
swear that I will support the Con-
stitution of the United States and
the Constitution of the State of
California, and that I will faithfuUv
discharge the duties of my office ac-
cording to the best of my ability."

To this oath, one faction in the
current dispute wishes to add the
words "and that I am not a mem-
ber of the Communist party or under
any oath or a party to any agree-
ment or under any commitment that
is in conflict with my obligations
under this oath."

The other faction wishes to see
the standard oath remain un-
changed. They wish, instead, to pro-
vide that all future contracts em-
body a statement that the faculty
member concerned accepts his posi-
tion subject to the resolution of the
Board of Regents excluding Commu-
nists from tbe university. In addi-
tion, they provide a statement that
proved members of the Communist
party shall not be employed as mem-
bers of the faculty, by vote of the
faculty Itself,

'• ■ ■ ' ' ■■ 'i' ""■ V (_ i:,iL^, rtuofiL
G. Sproul. In April of last year Dr.
Sproul decided that it might be well
if the university's Board of Regents
impased such an oath, and soon
thereafter the non-Communist oath,
drafted by the pre.sident's office, was
approved by the Regents. Letters of
appointment went out last summer,
as they go out every summer, de-
manding this time the new oath.

''FHERE was, at the time, a small

me:

corials

f Vito

of a

m in

itizen

; who

strict

your

ssful

and

this

' us

lext

'T'HE conflicting stands of the two
■*• factions have been presented
above without specifying which ol
the factions maintain which of the
two positions. The fact is that, at
least as far as the impact upon
Communism within the university is
concerned, the two positions offer
little choice between them. Either
the faculty or the Regents could be
stubbornly holding out for the oath
as against the statement, without
altering the situation appreciably.

In point of fact, it is the Regents
who demand the oath, and the fac-
ulty which prefers the contractual
statement. On the real question of
principle — whether proved Commu-
nists should be employable as mem-
bers of the faculty — there is no
major difference of opinion.

All this is clearly not enough to
explain the disruption that the uni-
versity has undergone. The real
state of affairs can perhaps best be
seen in a chronological account of
the events that have led to the pres-
ent crisis.

chance that the event would pa.s.s
unnoticed. The huge majority of
the faculty here has no basic objec-
tion to signing such an oath. About
half of them immediately did so.
But a small minority objected, on
various principles, to affixing their
signatures to the oath.

Their reasons were various. Some
insisted that the standard oath was
oath enough, and that it would be
cheapened by addition. Others felt
that the requirement of a special
oath reflected on the loyalty and
integrity of the faculty. Still others
maintained that the provision of an
oath was no sensible way to catch
Communists.

Strangely enough, the principle
that Communists were enUtled to
hold academic positions was never
seriously maintained. The dissent
was a dissent on method, in the final
analysis, rather than a dissent on
purpose.

But whatever the strength of the
minority po.sition, it found a large
proportion of the faculty willing to
lisien. The majority of the faculty,
almost unanimously, held that if
refusal to sign the oath would mean
dismissal from the university, some
better method of clearing out Com-
munists should be sought. And by
a tradition that goes back to the
birth of the great universities, it
was the function of the faculty itself
to tend to its own house and not
the function either of the Legisla-
ture or of the Regents.

And there, squarely, the real bat-
tle lines were drawn. The faculty
stand brought immediate resLstance
from a group within the Board of
Regents, led by John P. Neylan, a
prominent San Francisco lawyer,
and A. M. Gianinni, president of
the Bank of America. The matter
boiled down to the simple truculent
question: "Who's running thLs uni-
versity, anyway?" Was it to be the
faculty, as academic tradition de-
mands? Or was it to be the Board
of Regents, appointed by the Gov-
ernor and representing the State of
California?

iiiib group is led by the Heai^t
press, while on the other side "The
San Francisco Chronicle" has been
outspoken in favor of the faculty.
Almost every public figure has been
called upon to make a statement of
some sort, and most of them havt
complied.

TT HAS become clear that, should
-*- the Regents persist in their pres-
ent course, the university faces a
major disaster. Dr. Sproul will un-
questionably be forced to go, and will
be replaced by a president more an-
swerable to the majority on tht
board. Large numbers of the faculty
who have refused to sign the oath
will be discharged. Those member*
who have signed but who have
nevertheless fought the oath will
have little choice but to resign.
These men are the university's best;
their departure will leave this great
university little more than a good
secondary school. The chances oif
replacing them with their equals will
be slight, for a university which lose«
its high reputation is doomed^

And the present course of the Re-
gents heads them squarely to this
outcome. The majority has voted
that all faculty members whose oaths
are unsigned by April 30 are to b«
discharged as of June 30.

T T ALL began a little mort than
-^ a year ago, when State Senator
Jack Tenney introduced a series of
seventeen bills in the California
Legislature. Mr. Tenney is a ruth-
less west-coast Hawkshaw who at
I that time was head of California's
I Committee on Un-American Activi-
ties, and as such managed to pro-
vide a good deal of involuntary
comedy along with no noticeable
achievement.

Mr. Tenney's bills sought to im-
pose a non-CommunLst oath re-
quirement on several groups of state
and public offlicials, among them
the bar, the medical profession and
the faculty of the University of Cali-
fornia. The matter was not taken
very seriously by any of the groups
concerned. So far as the university
was involved, there was no need to
t«ke it seriously at all, since the bill
was unconstitutional in go far ac it
"npMpd to the university, which is

1

TN THE months that have passed.
-■- the faculty has sought by vari-
ous means to propose compromises
acceptable to the Board of Regents.
At times there has been a fleeting
impression that the matter was on
the road to solution. But the battle
has hardened. It might be possible
to compromise on method; it is most
difficult to compromise the struggle
for power that this has isecome.

Tlie present faculty proposals em-
body, in fact, everything the Regents
could desire. But the Regents, if they
accept them, would yield to the prin-
ciple that it is the faculty which
handles these matters. The majority
on the Regents— a slim majority, it
should be added— must either hold
completely firm or lose.

On the university side, the faculty
.'^peaks with almost a single voice.
The two proposals were voted by
immense majorities. Dr. Sproul has
switched sides and now opposes the
the oath he first proposed. Governor
Earl Warren stands firmly behind
the faculty. Almo.«it every well known
professor has come down firmly for
faculty control— a fact which makes,

pONSIDERABLE damage
^ already been done. The faculty
committee is reticent to speak of %h«
matter; they are still fighting theiar
cause with unpolitical decorum and
choosing only the most polite of
weapons. But faculty members are
already leaving. Universities ahop
constantly among each other's
staffs, and the uncertain situation
here makes California take on some
of the aspects of a bargain counter.
And on the other side, California
may already have lost the oppor-
tunity to win at least one important
group from an Eastern university.

Bitterne.ss has been created with-
in departments, where feeling can at
times run high and where the oc-
ca.sional dissident from the major*
ity position finds him.self being con-
sidered something of a traitor to hia
group. Public statements have been
made, both within and without the
university, that will not serve to
solidify old friendships or make new
ones. Still worse, a failure to make
a statement is considered somewhat
offensive, so strong has feeling
grown.

All this is real damage, and will
survive any outcome, however satis-
factory it may seem. It is this real
dis^solution which gives the faculty,
in the end, the overwhelming power
in this dispute. It seems almost
certain that present majority among
the Regents in time must yield. But
they will yield only to remain a
virulent group within the Board of
Regents, dealing with a damaged
university in an atmosphere of dis-
trust.

It is not a promising situation.
And most ironic of all. no responsible
person, on either side, has as yet
suggested that there are any Com-
munists on the California faculty.
And all .seventeen of Mr. Tenney'*
bills were quickly defeated.

Negro Health Week

To the New York Herald Tribune:

So. the newspapers report Negro
Health Week. What genius in our
nation's Jim Crow capital thought
up this new and unique form of
.segregation, and who is it that be-
lieves that Negro health can be sep-
arated from the health of all of us?
Are we going to have another health
week later on. called White Health
Week? HARRIET PEASLEY.

Winter Park. Fla., April 17, 19^.

r

y-

Ja-

■3.]
Re-
- per
ht by
n for
Mar-

aling
'elryr
milar
• the
Com-
s far
Its of

Pre!si-

Fed-

e due

niddle

ve of

[1:2.]

called

on of

astic"

into

oring

Jcon-

.3 en-

irac- 1

uticsj

1 of

ity's

ime

00.-

l.J

of the University of California to
day discarded the mandatory non-
Communist loyalty oath that they
had prescribed for university em-
ployes. In its place, the Regents
prescribed for the faculty a form
of contract that contained a non-
Communist clause.

The action, taken by a vote of 21
to 1, with two Regents absent, was
based on a proposal submitted by
an alumni committee after the
oath controversy had raged for
almost a year and had caused re-
percussions throughout the aca-
demic world.

The dissenting Regent, Lawrence
M. Giannini, president of the Bank
of America, submitted his resigna-
tion orally during the discussion,
declaring that he could not "com-
promise with my conscience" and
adding: "If we rescind the oath
today the flag will fly in the
Kremlin."
John F. Neylan and other Re-

Continued on Page S. Column 5 Continued on Page 5. Column 3

Oocyst Regents Drop Special Oath
For Non-Red Clause in Contract

By LAWRENCE E. DA VIES

Special to The New York Timis.

DAVIS. Calif., April^21-Regents|gents who had been vigorous sup-

pjjj,j.gj.^ ^^ ^^^ special oath dis-
puted this point of view. With
Gov. Earl Warren, a strong oppo-
nent of the oath, they asserted the
form of contract adopted would be
more effective than an oath re-
quirement in combatting commu-
nism on the eight campuses of the
university.

Faculty spokesmen declared that
the Regents' final action, even
though the oath was dropped,
would be disappointing to many
of their number and to the aca-
demic world at large. But they
viewed it as a basis for the resto-
ration of confidence within the
university.

Had the Regents stuck by their
earlier ultimatum, all employes of
the university who had not signed
the mandatory non-Communist
loyalty oath by April 30 would
have lost their jobs at the end of
this semester. That oath had been

Continued on Page 5, Column 4

» ^Mt9 Uruer^d to Sho,

Regarding the United State^
mand that the Soviet Air Force
instructed to prevent future such
incidents, the Soviet note said:

"The proper instructions have
existed for a long time and they
need no alteration. These instruc-
tions run:

In the event of violation by a
foreign plane of the frontiers of
the U. S. S. R. and its penetration
into Soviet territory, Soviet airmen
are instructed to force it to land
on Soviet territory and, in the
event of resistance, to open fire
on it."

Taking note of the fact that the
United States protest had said the
only United States plane in the air
in the Baltic region that day had
been a Naval Privateer plane, the
Soviet reply declared it had been
"exactly established" that a "B-29
Flying Fortress" with United
States identification marks had
been flying over Soviet territory
south of Libau [Lepaya], Latv'ia,
April 8.

[The B-29 is a Superfortress.
The Privateer, which the United
States announced was the type
of plane that disappeared, is a
converted B-24 Liberator.]
Replying to the United States
contention that the Naval Priva-
teer did not fly over Soviet terri-

Continued on Page 2, Column 4

^YT»>"^^ /V^S>^ 'l'^ t7

FIIMED IN TWO SEXTnONS

.... ..» — » atr

crpcy and have neglected too long"
this phase of the Government's re-
<, lation to the press."

Dean Achcson, Secretary of
State, will address the editors at
a Tianquet tomorrow night. He in-
dicated today that he would discuss
the seriousness of relations with
Russia, accentuated for instance
by the shooting down of a Navy
plane over the Baltic.

Magazine Burning Rt^cralled

Mr. Piel described how 3,000
copies of his magazine were re-
cently destroyed by order of the
commission, because they con-
tained an article on the hydrogen
bomb project.

"Secrecy has poisened the rela-
tions of A. E. C. with the scientific
community of America," he assert-
ed. "Secrecy holds a long-run
threat to the welfare of our atomic
energy enterprise. Because it is
walled off by secrecy from the
press, the commission has not en-
joyed the advantage of public sur-
veillance and public controversy
through which other agencies take
the guidance of public opinion."

Mr. Piel said that his arraign-
ment of the commission was aimed
at "the institution and not the
men" who controlled it. He recalled
that the agency was "endowed at
birth" with secrecy, and that the
public and press, as well as Con-
gress, shared in creating it.

"For the pall of secrecy which
«o dangerously frustrates its legi-
timate activities, the perss must
blame itself as much as any other
body," he said. "Our newspapers
and magazines have sold them-
selves a gold brick."

The Red River in the northwest section of the state is on its worst rampage in years. This is a scene

around Oslo. A..oclated Pre« Wlrephoto

Censorship "Dilemma" Seen

Dr. Smyth readily conceded that
the whole censorship problem put
the commission in a "dilemma." He
said that while unhindered free
speech might foster an interna-
tional exchange of views that
would give the United States bet-
ter weapons, the result might be
beneficial for a potential enemy.

"Thus." he added, "our objective
is not the best possible military
technology, but a constantly main-
tained advantage of our technology
over that of our potential enemies.
It is the difference between tech-
nologies that is important, not
their absolute quality."

Secrecy is an important element
of reparation for military defense,
and "yet it is subversive of democ-
racy and science," Dr. Smyth added.

"A clear solution would be pos-
sible." he said, "if we knew ex-
actly when we might have to de-
fend ourselves in another war. If
it were to be next year, we should
choose complete secrecy. If we
were sure there would be no war
for thirty years, we should aban-
don all screcy."

Mr. Lawrence warned the edi-
tors against becoming "confiised
by the worn-out arguments" con-
cerning national security, since
"too often it may cloak a desire
for a hush-hush policy that can
hide incompetence behind the
scenes."

He expressed the conviction that
had there been less secret diplom-
acy between 1919 and 1941, and "a
more vigilant press," the United
States might have had Japan "as
our ally instead of our enemy in
World War II."

Saying that "the integrity of
Washington correspondents today
is unquestioned." Mr. Lawrence
cautioned against the injection of
advantaeeoiis nrooaeanda bv thp

LATTIMORE DERIDES
BUDENZ AS 'GOSSIP'

Continued From Page 1

who left the party in 1945 as
managing editor of its organ.
The Daily Worker, and is now
on the faculty of Fordham Uni-
versity, testified yesterday that
he had been "officially informed"
by members of the Communist
hierarchy that Mr. Lattimore
some years ago was a hidden
member under its orders.
Former F. B. I. Man Included

2. John J. Huber of Mount Vernon,
N. Y., a former undercover
operative for the Federal Bureau
of Investigation who joined the
Communist party, according to
testimony he has given in the
past, in order to serve as an in-
former.

3. Lawrence Kerley, a member of
the staff of The New York Jour-
nal-American.
Messrs. Huber and Kerley were

subpoenaed at the request of Sena-
tor McCarthy, who had stated that
he was going to offer witnesses to
corroborate Mr. Budenz.

Dr. Dodd was subpoenaed by
Edward P. Morgan, the subcom-
mittee's chief of counsel, after Mr.
Lattimores lawyers had offered
her affidavit and it had, for the
time being at least, been rejected
by the subcommittee.

Professor Lattimore, for his part,
struck back at Mr. Budenz and at
Senator McCarthy, at a press con-
ference in the office of his lawyers,
Thurman Arnold, Abe Fortas and
Paul A. Porter.

Mr. Lattimore read to reporters
a seven-pag:e statement in which
he asserted that Senator McCarthy
had descended to "a new low" in
making last night "an outrageous
attack on one of the greatest
Americans of all time. Gen. George
C. Marshall."

Senator McCarthy had asserted
that General Marshall had been
"completely unfitted" for the of-
fice of Secretary of State.

"I do not have to defend Gen-
eral Marshall," Mr. Lattimore said
of this incident. "I do not know
General Marshall, and I would not
presume to comment upon this
base attack except that he is being
beaten with the stick of the China
lobby by its stooge. Senator Mc-
Carthy.

"Cleanout of Lobby" Asked

"As a loyal American citizen who
is not and never has been a Com-
munist or anything but an Ameri-
can, I say that it is long past time
to clean out the cesspool from
which this campaign of character
assassination, intimidation and vil-
ification emanates.

"The China lobby, in all its sin-
ister ramifications, should be
thoroughly investigated and com-
pletely exposed. This should in-
clude not only the Kohlbergs and
Goodwins, but the sources of their

Budenz, a person can belong to the
Communist party witnout being a
member of it. I don't understand
this, but then I was never a Com-
munist.

"Mr. Budenz says that he has no

direct or personal knowledge of
my alleged connection with the
Communist party. But he says
that Mr. Jack Stachel told him 'to
consider Owen Lattimore as x
Communist.' If this direction from
one Communist to another was
actually given, I am not sure what
was meant by it.

"Mr. Budenz at the hearing said
merely that he understood it to
mean that he was 'to treat as
authoritative anything that (Owen
Lattimore) would say or advise.'

"Now, I have never laid eyes on
Jack Stachel, and when his name
was mentioned yesterday it meant
absolutely nothing to me.

"But if Mr. Stachel made the
fantastic blunder of telling Mr.
Budenz to consider me as a Com-
munist and if this meant that Mr.
Budenz should treat as authorita-
tive anything that I would say. it's
too bad that Mr. Budenz didn' tfol-
low his instructions.

"If he had, instead of publishing
the abominable lies and distortions
about the United States which he
was then putting into The Daily
Worker, in order to promote the
interests of the Soviet Union, he
would have joined me in support
of the United States and a demo-
cratic China.

"The only other basis for the
gossip and hearsay statements of
Mr. Budenz attempting to connect
me with the Communist party
purports to come from Frederick
Vanderbilt Field and Earl Brow-
der.

"Both of these men, according
to Mr. Budenz, commended me for
placing Communists in the publi-
cations of the Institute of Pacific
Relations, and encouraging writers
in 1936 and 1937 to represent the
Chinese Communists as agrarian
reformers. Both Field and Browder
have made their own statements
denying this.

Denial Alade on Writings

"But, according to Mr. Budenz.
they are both Communists who
cannot be believed — at least when
they don't agree with Budenz.

"Now, the odd thing is that you
would expect that if I were organ-
izing writers to say that the Chi-
nese Communists were agrarian
reformers, I would have said so
myself somewhere in my eleven
books and hundreds of articles.
But the fact of the matter is that
I did not, and when Mr. Budenz
was asked to point to a single in-
stance where I had said this, he
was unable to do so.

"But I suppose that to Mr. Bu-
denz's mind the very fact that I
did not say this is proof that I did.
I had never before realized how
subtle I could be.

"Mr. Budenz said that he has
not referred to me in his writings
as a sinister Communist character
because he was afraid of a libel ac-
tion. Of course, he said, that if I
brought a libel action that would
prove that I was a Communist, be-
cause that was the Communist
tactic. Apparently if I didn't bring
a libel action that also would prove

REGENTS ON COAST
DROP NON-RED OATH

Continued From Page 1

signed by about 86 per cent of the
faculties on all campuses.

The faculty opponents of the
special oath had no objection to
continuing to take a constitutional
oath that they have been taking
since 1942.

By today's action of the Regents,
the 11,000 employes of the univer-
sity, including about 4,000 on the
teaching staff, must continue sign-
ing the constitutional oath and, at
the same time, accept their ap-
pointments by a better including
this provision:

"Having taken the Constitution-
al oath of office required of public
officials of the State of California,
I hereby formally acknowledge my
acceptance of the position and sal-
ary named, and also state that I
am not a member of the Commu-
nist party or any other organiza-
tion which advocates the overthrow
of the Government by force or
violence and that I have no com-
mitments in conflict with my re-
sponsibilities with respect to im-
partial scholarship and free pursuit
of truth. I understand that the
foregoing statement is a condition
of my employment and a consider-
ation of payment of my salary."

May Petition for Review

Should a member of the faculty
fail to sign the constitutional oath
and the prescribed form of the
letter of acceptance, he will still
have the right to petition the uni-
versity president for a review of
his case by the Committee on
Privilege and Tenure of the Aca-
demic Senate.

This, according to the successful
resolution proposed to the board
by President Robert Gordon Sproul,
would embody an investigation of
and hearing on the reasons for the
faculty member's failure to sign.
The Committee on Tenure then
would submit its findings and rec-
ommendations through the presi-
dent to the Regents, which would
be the final authority.

Dr. Sproul, who last spring had
submitted the original loyalty
oath to the Regents but who had
swung over to the anti-oath side
after the faculty had made its
voice heard, said the final solution
was a "tribute to the wisdom and
judgment of the men and women
who produced it."

He referred to an alumni com-
mittee that had worked virtually
around the clock for a week inter-
viewing hundreds of faculty mem-
bers. Regents, student leaders and
public officials in an effort to
compose the differences.

Faculty Against Red Teachers

The final recommendations were
based on the recognition that the
faculty itself had gone on record
overwhelmingly, by secret ballot,
against having members of the
Communist party teaching at the
Univeraitv of California

Ninety-tifth' Street ar.d end at
Sixty-third Street, will consist of
six divisions, including one made
up of high school and college stu-
dents, a second of veterans organ-
izations, a third comp/ised of city
federal departments and political
clubs, a fourth for labor unions, a
fifth for nationality groups and a
sixth for fraternal and civic
groups.

Spellman to Take Part

Heading the parade with Mr.
Smith will be Cardinal Spellman,
Archbishop of the Roman Catholic
Diocese of New York; James A.
Farley, former Postmaster Gen-
eral; Charles H. Silver, chairman
of the parade's citizens' commit-
tee, and John A. Coleman, chair-
man of the executiV'? committee.

Majority and minority leaders
of Congress will head contingents
of Democratic and Repubhcan po-
litical clubs and will leave the
parade to join those in the review-
ing stand when they reach Sixty-
seventh Street.

The Congressional leaders in-
clude Senators Scott W. Lucas,
Democrat of Illinois, and Kenneth
S. Wherry, Republican of Ne-
braska, and Representatives Jo-
seph W. McCormack, Democrat,
and Joseph W. Martin Jr., Repub-
lican, both of Massachusetts.

Secretary of Labor Maurice
Tobin will march at the head of
the labor union division in which
twenty-five American Federation
of Labor, Coa^'ess of Indus-
trial Organizations and independent
unions with 10,000 members will
march. Contingents of various city
departments . will be headed by
their respe' v •'ommissioners.

The nat* - iivision will be

made up representing

twenty nc'Mding all

those bet)ina .. ^lon Curtain.

Outlining parade plans at a con-
ference at the Astor Hotel, Mr. Sil-
ver said that "the Loyalty Day
parade is here to stay and will get
bigger each year."

6 YOUfffS ARRAIGNED
FOR 'MAD DOG' SPREE

Six young hoodlums, arrested
last March 26 on the upper East
Side in connection with alleged
assault and robbery of several per-
sons, were ari-aigned yesterday be-
fore Geenarl Sessions Judge George
L. Donnellan on various charges.

Four of the defendants were held
without bail, and two were held in
$2,500 bail for pleading Tuesday.
The case of a seventh suspect was
referred to the Youth Part for
consideration as a youthful of-
fender.

The members of the group, re-
cently characterized by Assistant
District Attorney Paul F. Reilly
as a "pack of mad dogs," are
accused of having robbed and
beaten three men and having at-
tempted to rob two young women
in a twenty-minute crime spree.

Philip Anziline, 22 years old, of
444 East 123d Street, and Charles
Sebester, 17, of 215 Beach Seventy-
second Street, Rockaway, Queens,
each were indicted on charges of
first-degree robbery, first-degree
grand larceny and assault in the
second ajid third degrees.

Lawrence Hohlfeld, 22, of 322
East Eighty-fourth Street; Charles
Coffey, 22, of 413 East Eighty-
fourth Street; Michael Schweitzer.
23, of 215 West Ninety-sixth Street,
and John F. Panner, 23, of 246 East
Ninety-fourth Street, were indicted
on chaTj::es of first-degree attempt-

: cvjiib.. iiv.iii.id.i.ionS'fGr uife* Vckoancy
on the General Sessions bench, it
was disclosed today. The request
indicated that the Governor ex-
pected to make an appointment
within the next two weeks.

Jacob A. Grumet, a former assist-
ant of Mr. Dewey as District At-
torney of New York, is the only
candidate that Mr. Curran has rec-
ommended to the Governor to date.
The suggestion is understood to
have been based on the view that
the Governor planned to fill the
vacancy with a former assistant.

In requesting the Republican
chairman to present other names
for consideration the Governor ap-
parently intended to dissipate the
reports that the field was closed
except to former assistants. The
request did not rule out the possi-
bility that the appointment might
go to Mr. Grumet.

The appointee of the Governor
to the $28.000-a-year place on the
bench will serve only until next
Jan. 1. The vacancy is to be filled
for a fourteen-year term at the
general election in November.

The Governor is understood to
have offered the appointment to
Mr. Curran, now Secretary of
State of New York, but the county
chairman made it clear that he did
not want the post. If he accepted
appointment he would be compelled
to resign as Republican county
chairman.

»aiurda:^ ailioppliig reuu^dlng lor you . . .

\

HOOVER TO SPEAK TODAY

Will Address Final Luncheon of
Girls Clubs Conference

Former President Herbert Hoo-
ver will be the principal speaker
today at the final luncheon meet-
ing of the three-day fifth annual
conference of Girls Clubs of Amer-
ica at the Warwick Hotel.

Mrs. J. Herbert Johnson of
Worcester, Mass., president of the
organization, reported that its
membership had reached 19,000
girls, 6 to 12 years old, represent-
ing thirty clubs in twelve states
and Canada.

Mrs. James Norris. a part-time
faculty member at the New York
School of Social Work and a staff
member of the National Coopera-
tive School of Recreation, deplored
the type of parent who made her
child come in while guests ex-
claimed, "Isn't she cute!" In this
way the youngster is the focal
point of applause. "Later her par-
ents wonder why she doesn't want
to go to a club." she said. "It's
their fault. The child is not get-
ting the attention she never should
have had in the first place."

IRISH CHARGES DENIED

Prime Minister Says Northern
Counties Are Free

special to Tmt New York Times.

PHILADELPHIA. April 21— Sir
Basil Brooke, Prime Minister of
Northern Ireland, told a dinner
meeting of the Scotch-Irish Society
of Pennsylvania here tonight that
there was no truth in "charges
that Northern Ireland is a police
state."

Sir Basil made no direct men-
tion of the picketing demonstra-
tions staged by partisans of Ire-
land here and in New York against
his good-will tour of the United
States.

"All the people of Northern Ire-
land are free to live their lives
as they please," he said. "The land
which produced the Ulster- Scots,

/

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sixth floor

MISSES' PRINT DRESSES

\

I

'■''"' ^ l^b'^

timate activities, the perss must
blame itself as much as any other
body," he said. "Our newspapers
and magazines have sold them-
selves a gold brick."

Censorship "Dilemma" Seen

Dr. Smyth readily conceded that
the whole censorship problem put
the commission in a "dilemma." He
said that while unhindered free
speech might foster an interna-
tional exchange of views that
would give the United States bet-
ter weapons, the result might be
beneficial for a potential enemy.

"Thus." he added, "our objective
is not the best possible military
technology, but a constantly main-
tained advantage of our technology
over that of our potential enemies.
It is the difference between tech-
nologies that is important, not
their absolute quality."

Secrecy is an important element
of reparation for military defense,
and "yet it is subversive of democ-
racy and science," Dr. Smyth added.

"A clear solution would be pos-
sible." he said, "if we knew ex-
actly when we might have to de-
fend ourselves in another war. If
it were to be next year, we should
choose complete secrecy. If we
were sure there would be no war
for thirty years, we should aban-
don all screcy."

Mr. Lawrence warned the edi-
tors against becoming "confused
by the worn-out arguments" con-
cerning national security, since
"too often it may cloak "a desire
for a hush-hush policy that can
hide incompetence behind the
scenes."

He expressed the conviction that
had there been less secret diplom-
acy between 1919 and 1941, and "a
more vigilant press," the United
States might have had Japan "as
our ally instead of our enemy in
World War II."

Saying that "the integrity of
Washington correspondents today
IS unquestioned." Mr. Lawrence
cautioned against the injection of
advantageous propaganda by the
Federal Government.

"We print in our newspapers
more Government propaganda than
anywhere else in the world," he
asserted.

Four Washington correspondents
discussed the covering of news in
the National Capital. They and
their subjects were: Arthur Krock,
The New York Times, "Interpre-
tative Columns"; W, L. Beale Jr.,
The Associated Press, "How Wire
Services Cover the Capital"; Ray-
mond P. Brandt. St. Louis Post-
Dispatch, "Vigilance Is Not
Enough," and Walter Trohan. Chi-
cago Tribune, "Are Washington
Reporters Doing the Job?"

HELD IN BABY'S DROWNING

Mother, 21, in Psychiatric Ward
After 16-Day-Old Girl's Death

Special to Th« New York Times.

MINEOLA, L. I., April 21— Mrs.
Gloria Keller, 21 years old, accused
of drowning her 16-daylold baby,
Cheryl, in a four-gallon pail of wa-
ter in her home at 132 Warwick
Boulevard early this morning, is
now under observation in the psy-
chiatric ward at Meadowbrook
Hospital, East Meadow. She has
been charged with first degree
murder.

According to the Nassau County
police Mrs. Keller's husband,
Charles, 27, a truck driver, notic-
ing the light on in the bathroom at
2 A. M., went in to find his wife
standing there dazed and the baby,
their first child, lying head dov^
in the pail.

He quoted his wife as saying
that "I have just baptized the
baby." Mr. Keller said that his
wife had appeared depressed since
the birth of the child.

Messrs. Huber and Kerley were
subpoenaed at the request of Sena-
tor McCarthy, who had stated that
he was going to offer witnesses to
corroborate Mr. Budenz.

Dr. Dodd was subpoenaed by
Edward P. Morgan, the subcom-
mittee's chief of counsel, after Mr.
Lattimore s lawyers had offered
her affidavit and it had, for the
time being at least, been rejected
by the subcommittee.

Professor Lattimore, for his part,
struck back at Mr. Budenz and at
Senator McCarthy, at a press con-
ference in the office of his lawyers,
Thurman Arnold, Abe Fortas and
Paul A. Porter.

Mr. Lattimore read to reporters
a seven-pag^e statement in which
he asserted that Senator McCarthy
had descended to "a new low" in
making last night "an outrageous
attack on one of the greatest
Americans of all time. Gen. George
C. Marshall."

Senator McCarthy had asserted
that General Marshall had been
"completely unfitted" for the of-
fice of Secretary of State.

"I do not have to defend Gen-
eral Marshall," Mr. Lattimore said
of this incident. "I do not know
General Marshall, and I would not
presume to comment upon this
base attack except that he is being
beaten with the stick of the China
lobby by its stooge, Senator Mc-
Carthy.

**Cleanout of Lobby" Asked

"As a loyal American citizen who
is not and never has been a Com-
munist or anything but an Ameri-
can, I say that it is long past time
to clean out the cesspool from
which this campaign of character
assassination, intimidation and vil-
ification emanates.

"The China lobby, in all its sin-
ister ramifications, should be
thoroughly investigated and com-
pletely exposed. This should in-
clude not only the Kohlbergs and
Goodwins, but the sources of their
funds within this country and from
abroad."

(Mr. Lattimore, in testifying
some time ago before the subcom-
mittee, had stated that Alfred
Kahlberg, a New York importer,
and William J. Goodwin, a regis-
tered agent for the Chinese Na-
tionalist Government, had aided
Senator McCarthy's attacks upon
him.)

"It should include their mouth-
pieces and their so-called investi-
gators, and it should include the
activities and financing of any
personj"! inside of the Government
of the United States, as well as
outside of it, who are part of its
operations," Mr. Lattimore as-
serted.

Asked by reporters whether he
had direct evidence for his charges
in this connection, Mr. Lattimore
responded: "I suppose the best
evidence I have is the nature of
the attacks on me."

He said that during the years
1937, 1943 and 1944, when he had
been represented by Mr. Budenz
as "planting" Communist writers
in an organ of the Institute of Pa-
cific Relations called Pacific Af-
fairs, he was, in fact, writing on
China in a way that collided with
the Communist line.

Budenz Remarks Assailed

"Mr. Budenz," Mr. Lattimore
went on, "says that he never met
me or saw me at any time. He has
not read my writings. But he says
that in the course of his work as
a Communist, he received advice
or information that I was some
kind of a Communist.

"I don't recall that he quite says
that I was a member of the Com-
munist party; but apparently jn
the fantastic, conspiratorial world

auuuL uie uiuLea iSLalcs vvnich he
was then putting into The Daily
Worker, in order to promote the
interests of the Soviet Union, he
would have joined me in support
of the United States and a demo-
cratic China.

"The only other basis for the
go.«3sip and hearsay statements of
Mr. Budenz attempting to connect
me with the Communist party
purports to come from Frederick
Vanderbilt Field and Earl Brow-
der.

"Both of these men, according
to Mr. Budenz, commended me for
placing Communists in the publi-
cations of the Institute of Pacific
Relations, and encouraging writers
in 1936 and 1937 to represent the
Chinese Communists as agrarian
reformers. Both Field and Browder
have made their own statements
denying this.

Denial Made on Writing*

"But, according to Mr. Budenz,
they are both Communists who
cannot be believed — at least when
they don't agree with Budenz.

"Now, the odd thing is that you
would expect that if I were organ-
izing writers to say that the Chi-
nese Communists were agrarian
reformers, I would have said so
myself somewhere in my eleven
books and hundreds of articles.
But the fact of the matter is that
I did not, and when Mr. Budenz
was asked to point to a single in-
stance where I had said this, he
was unable to do so.

"But I suppose that to Mr. Bu-
denz's mind the very fact that I
did not say this is proof that I did.
I had never before realized how
subtle I could be.

"Mr. Budenz said that he has
not referred to me in his writings
as a sinister Communist character
because he was afraid of a libel ac-
tion. Of course, he said, that if I
brought a libel action that would
prove that I was a Communist, be-
cause that was the Communist
tactic. Apparently if I didn't bring
a libel action that also would prove
that I was a Communist.

)

)| communism, according to Mr.

Failure to **Name'» Him Cited

"Mr. Budenz did not even at-
tempt to explain why in his dozen
or more appearances before the
F. B. I. and various committees of
Congress where his statements
would be privileged he never be-
fore this time denounced me or
mentioned my name.

"All he said is that he is a poor,
over-worked informer who doesn't
have time to mention everybody. I
find it difficult to understand this
because it seems to me it would
not have taken him more than a
minute to say somewhere that he
knew Owen Lattimore was a Com-
munist. He certainly could have
found time to do this between Oc-
tober, 1945. when he says he left
the party, and April, 1950."

To reporters. Mr. Lattimore con-
ceded that, as editor of Pacific Af-
fairs, he had once published an
article by James S. Allen, whom
Mr. Budenz had called "representa-
tive of the Communist Internation-
al in the Philippines."
^ But said Mr. Lattimore. he had
no knowledge whatsoever that
Mr. Allen was a Communist "

During the day. Senator Mc-
Carthy challenged the subcommit-
tee to accept the recommendations
of Mr. Budenz and subpoena
Messrs. Browder, Field and Stachel

On the Senate floor. Senator
Ralph E. Flanders, Republican of
Vermont, asserted that the inves-
tigation of Mr. McCarthy's accu-
sations had "taken a more serious
turn" with Mr. Budenz' testimony.

The public, he asserted, was
"properly disturbed" by testimony
"which shows the development of
the Moscow party line so far as it
concerns our relations with the
Nationalist Government in China.

ain nuL a member of tiie Commu
nist party or any other organiza-
tion which advocates the overthrow
of the Government by force or
violence and that 1 have no com-
mitments in conflict with my re-
sponsibilities with respect to im-
partial scholarship and free pursuit
of truth. I understand that the
foregoing statement is a condition
of my employment and a consider-
ation of payment of my salary."

May Petition for Review

Should a member of the faculty
fail to sign the constitutional oath
and the prescribed form of the
letter of acceptance, he will still
have the right to petition the uni-
versity president for a review of
his case by the Committee on
Privilege and Tenure of the Aca-
demic Senate.

This, according to the successful
resolution proposed to the board
by President Robert Gordon Sproul,
would embody an investigation of
and hearing on the reasons for the
faculty member's failure to sign.
The Committee on Tenure then
would submit its findings and rec-
ommendations through the presi-
dent to the Regents, which would
be the final authority.

Dr. Sproul, who last spring had
submitted the original loyalty
oath to the Regents but who had
swung over to the anti-oath side
after the faculty had made its
voice heard, said the final solution
was a "tribute to the wisdom and
judgment of the men and women
who produced it."

He referred to an alumni com-
mittee that had worked virtually
around the clock for a week inter-
viewing hundreds of faculty mem-
bers. Regents, student leaders and
public officials in an effort to
compose the differences.

Faculty Against Red Teachers

The final recommendations were
based on the recognition that the
faculty itself had gone on record
overwhelmingly, by secret ballot,
against having members of the
Communist party teaching at the
University of California.

Mr. Giannini, in opposing the
resolution, argued that for the Re-
gents to "reverse their position at
this time" would be "construed as
a victory for communism and Com-
munists."

He said he thought the solution
offered, however, would be effec-
tive. If it was not, he added, "I
will be glad to organize a group
of twentieth-century vigilantes
who will make it their business to
unearth communism in all its sor-
did aspects."

While several colleagues urged
the banker to reconsider his resig-
nation. Lieut, Gov. Goodwin J.
Knight told him: "The Commu-
nists would say they drove you off
the board."

Governor Warren, presiding at
the session, hailed the board's final
action as "an honorable way of
resolving a difference of opinion
by honorable men having the same
objectives."

--eratToTi

of Labor, Congress of Indus-
trial Organizations and independent
unions with 10,000 members will
march. Contingents of various city
departments , will be headed by
their respe- v commissioners.

The nat< - iivision will be

made up representing

twenty n^'^ding all

those het)iria .. ,,ion Curtain.

Outlining parade plans at a con-
ference at the Astor Hotel, Mr. Sil-
ver said that "the Loyalty Day
parade is here to stay and will get
bigger each year."

6 YOUTHS ARRAIGNED
FOR 'MAD DOG' SPREE

Six young hoodlums, arrested
last March 26 on the upper East
Side in connection with alleged
assault and robbery of several per-
sons, were arraigned yesterday be-
fore Geenarl Sessions Judge George
L. Donnellan on various charges.

Four of the defendants were held
without bail, and two were held in
$2,500 bail for pleading Tuesday.
The case of a seventh suspect was
referred to the Youth Part for
consideration as a youthful of-
fender.

The members of the group, re-
cently characterized by Assistant
District Attorney Paul F. Reilly
as a "pack of mad dogs," are
accused of having robbed and
beaten three men and having at-
tempted to rob two young women
in a twenty-minute crime spree.

Philip Anziline, 22 years old of
444 East 123d Street, and Charles
Sebester, 17, of 215 Beach Seventy-
second Street, Rockaway, Queens,
each were indicted on charges of
first-degree robbery, first-degree
grand larceny and assault in the
second and third degrees.

Lawrence Hohlfeld, 22, of 322
East Eighty-fourth Street; Charles
Coffey, 22, of 413 East Eighty-
fourth Street; Michael Schweitzer,
23, of 215 West Ninety-sixth Street,
and John F. Panner, 23, of 246 East
Ninety-fourth Street, were indicted
on charj.7es of first-degree attempt-
ed robi>sry, first-degree grand lar-
ceny ar,u assault in the second and
third degrees.

The case of William Talley. 17,
of 303 East Thirty-second Street,
was the one designated for con-
sideration.

RELEASE DENIED~13 MEN

Will Address Final Luncheon of I
Girls Clubs Conference

Former President Herbert Hoo-
ver will be the principal speaker
today at the final luncheon meet-
ing of the three-day fifth annual
conference of Girls Clubs of Amer-
ica at the Warwick Hotel.

Mrs. J. Herbert Johnson of
Worcester, Mass., president of the
organization, reported that its
membership had reached 19,000
girls, 6 to 12 years old, represent-
ing thirty clubs in twelve states
and Canada.

Mrs. James Norris, a part-time
faculty member at the New York
School of Social Work and a staff
member of the National Coopera-
tive School of Recreation, deplored
the type of parent who made her
child come in while guests ex-
claimed. "Isn't she cute!" In this
way the youngster is the focal
point of applause. "Later her par-
ents wonder why she doesn't want
to go to a club," she said. "It's
their fault. The child is not get-
ting the attention she never should
have had in the first place."

IRIsTrCHARGESDENIED

Prime Minister Says Northern
Counties Are Free

Special to The New York Times.

PHILADELPHIA, April 21— Sir
Basil Brooke, Prime Minister of
Northern Ireland, told a dinner
meeting of the Scotch-Irish Society
of Pennsylvania here tonight that
there was no truth in "charges
that Northern Ireland is a police
state."

Sir Basil made no direct men-
tion of the picketing demonstra-
tions staged by partisans of Ire-
land here and in New York against
his good-will tour of the United
States.

"All the people of Northern Ire-
land are free to live their lives
as they please," he said. "The land
which produced the Ulster-Scots,
who helped to found the United
States, still believes in civil and re-
ligious liberty. Those whoseek to
brannd it as Fa.scist know nothing
of its true character."

Welfare Center Demonstrators
Lose Bid for Writ

Prfessor Assails Loyalty Oaths

Special to The New York Times

' PHILADELPHIA, April 21— Dr.
Harold J. McNally. Associate Pro-
fessor of Education at Columbia
University, said here today that
Democratic living and attitudes of
mind cannot be taught by requir-
ing teachers to sign loyalty oaths."

In an address at a Schoolmen's
Week conference at the University
of Pennsylvania, Dr. McNally de-
clared :

"Democracy cannot be taught by
the memorizing of platitudes, the
study of heroes, or the repetition
of oaths of allegiance. It must de-
velop individuals who can think for
themselves, but who know how to
think cooperatively with others to
arrive at group solutions of vexing
problems."

Supreme Court Justice Kenneth
O'Br.en yesterday dismissed a writ
of habeas corpus sought by attor-
neys for thirteen men being held
on charges of disorderly conduct
in connection with a demonstration
at an East Side welfare center.

The prisoners were among
twenty men and women arrested
at the center, 44 Stanton Street,
on April 4 after they refused to
leave. They are to be sentenced
on Tuesday.

Justice O'Brien denied the appli-
cation for the writ on the ground
that it would be a "rash violation"
to interfere with the jurisdiction
of a magistrate's court in the case.
The thirteen prisoners were in
court during the hearing.

Later, a hundred demonstrators
picketed City Hall for an hour to
protest against conviction of the
twenty persons. The demonstration
v/as sponsored by the New York
Tenant, Welfare and Consumer
Council and the American Labor
Party.

Don't leave faucets or showers
open when they are not actually
being used. A drip can waste
15.000 gallnnn of water a year and
a small steady leak can waste
1,000.000 gallons a year. Save
water.

'ENEMr FORCES ENGAGED

National Guard, Reserves Begin
'Paper' Battle Today

A battle to defeat "enemy
forces" that have "captured" Bos-
ton and are moving to engulf the
entire northeastern United States
will get under way at 9 A. M. to-
day at Fort Totten.

Six divisions of National Guard
and Reserve forces will engage the
enemy on an 832-square-foot ter-
rain model of Massachusetts. The
commands of 400 National Guard
and Reserve officers will be united
under the supervision of twenty-
five First Army headquarters of-
ficers.

The battle will be one of maps
and paper work. Its purpose is to
show what key National Guard
and Reserve officers can do if an
enemy force suddenly invaded the
area. The "fighting" will continue
until 2 P. M. Sunday.

Pyromaniac Is Committed

Special to The New York Tixe.s.
ELIZABETH. N. J.. April 21—
Gordon Q. Amer, 23-year-old Navy
veteran of near-by Plainfielld, who
admitted setting a score of fires in
Plainfield and vicinity, today was
ordered sent to the state diagnostic
center at Menlo Park after plead-
ing guilty before Union County
Judge Walter L. Hetfield to eight-
een charges of arson and malicious
burning of automobiles. Judge Het-
field said the veteran would be sen-
tenced here after classification and
study at Menlo Park.

MOI XASIX-TOE tA.«il:ALS

The comfortable casual shoe that's such a
favorite with the younger crowd, makes its
first appearance in Young Colonv shoes. In
tan or antiqued red. PAIR ONLY 5.95
Voung Colony* shoes, third floor

SPECIALLY PltlfKn-
SHOWER < IRTAL^S

In water-repellent plastic ... in the attrac-
tive bow design on pastel background, or
floral patterns on white background.

NOW 2.95
Matching window curtains,

NOW PAIR 2.95
/ bath shop, fourth floor

YOrX« .LIEN'S AXD BOYS'
CLOTHi:^^

Just 200 men's short-sleeved cotton sport
shirts in solid colors. Sizes small, medium
or large. were 2.95 NOW 1.95

Just 23 wool gabardine suits for the junior
boy . . . with tailored jacket and long trousers.
Solid colors, sizes 8 to 12.

were 35.00 NOW 25.00
men's sportswear and shops for boys,

sixth floor

MISSES' PRIXT DRESSES

A light background rayon print dress and
contrasting rayon tissue faille jacket with
print collar and cuffs. In salmon, coffe^ or
turquoise, with black; or pink with navy.
Sizes 10 to 20 . . . not every size in every
color. were 15.95 NOW 10.95

misses' budget dresses, sixth floor

3IISSES' XYLOX BLOI SES

"Not sheer" nylon blouses in a good selec-
tion of colors. Sizes incomplete at this un-
usually low price. NOW 1.95
budget sportswear, sixth floor

REDl C ED~>IISSES* BETTER
DRESSES AIVD < OATS

The dresses in silk crepe, pastel wool or wool
jersey ... in a broken assortment of sizes,
styles and colors.

were 45.00 and 49.95 NOW 28.00
High color flcec coats, many in the classic
pearl-buttoned "Polo" style.

were 79.95 and 89.95 NOW 68.00

Tweed toppers were 49.95 NOW 34.00

misses' dresses and coats, third floor

^
^

*traJcmarl

fTt/ff^ IN 1W0 SBXJnONS

mnmto €httumfie

It City's Oniv Home-Owmeo Newspaper yj

FOUNDED 1865-VOL CLXX. NO. 97 CCCCAAA SAN FRANCISCO. SATURDAY. APRIL 27 IQSn

GA 1-1 1 12 DAILY 7 CENTS, SUNDAY 15 CENTS

Loyalty
Dispute

Faculty to
Meet Today,
Study Proposal

JBy CAROLYN ANSPACHER

! Chronicle Staff Writer

i DAVIS. April 21— Regents
,of the University of California
jagreed to end the special loy-
'alty oath for faculty members
and substituted the California
Alumni Association's "equiva-
lent affirmation" proposal today.
The vote was 21 to 1.

The regent.s met here at 2 p. m,
and accepted the alumni group's
proposed solution to the bitter,
j^ear • long loyalty oath dispute
that has stirred nation-wide con-
troversy.

Modification of the loyalty oath
demand came just nine days before
the April 30 deadline that had
been set foi- faculty members to
sign the special oath.

One regent, L. M. Giannini. dis-
agreed with his colleagues on the
new proposal, and offered lo resign
because "I don't want to be a mi-
nority of one."

It was not known if the "equiva-
lent affirmation" will be acceptable
to the faculty. However, the facul-
ty has called a meeting for 10:10
a. m. tomorrow, at Wheeler Hall,
Berkeley, to study the proposition.
The resolution, offered at todays
meeting by University President
Robert Gordon Sproul, provides the
following:

1— Putting the statement: "I am
not a member of the Communist
party . . ." into the salary contract
for each university employee in-
stead of into a separate notarized
oath.

Oath Controversy

Editorial

The long-drawn oath controversy at the University of
California appears on its way to a conclusion. By a nearly
unanimous vote the Regents yesterday accepted an Alumni
Committee compromise proposal.

Under this proposal the special loyalty oath is with-
drawn, and the faculty member is required, instead, to
affirm in the teaching contract that he is not a member
of the Communist party, or under commitments in con-
flict with his responsibiUties with respect to "impartial
scholarship and free pursuit of truth."

This proposal is a hard-earned compromise. It is not
what the Regents demanded, and it is more than the
majority of the faculty has wanted. But the Regents have
accepted it, almost unanimously, and we believe the Aca-
demic Senate, which sits this morning to consider the mat-
ter, should and will likewise indicate its acceptance.

Like any other compromise, this ones success will be
determined by the degree to which it works in actual prac-
tice. What is needed now, more than anything, is a cooling
of tempers and a period of calm to enable the welter of
confusion surrounding the case to subside. The com-
promise opens the way for that, and the Alumni Commit-
tee is to be commended for bringing the matter this far on
the road to a possible solution.

The protraction of this dispute for more than a year
has befogged the atmosphere to a point which had ap-
proached utter hopelessness. Some of the confusion was
deliberately provoked by obtuse or wily interests on both
sides, but a great deal resulted from inherent abstract-
ness of the matters under discussion. It's hard for any-
one but a scholar to get his teeth into a principle like
academic freedom, and it's hard even for an articulate
scholar to make academic freedom and the principle of
tenure crystal clear to the layman.

We are aware that there will remain, in the mind.*; of
many faculty members, the question of whether tenure
and academic freedom will be secure under the compro- ,
mise proposed by the Alumni Committee and accepted by !
the Regents. \

But we are confident that the destruction of tenure i
and academic freedom was never the intention of the
Regents, any more than the faculty's intention was to ;
make the University of California a sanctuary of Com-
munists.

UC

Loyalty
Dispute

Faculty to
Meet Today,
Study Proposa

By CAROLYN ANSPACHER

Chronicle Staff Writer

DAVIS, April 21— Regents
of the University of California
.agreed to end the special loy-
■alty oath for faculty members
and substituted the California
Alumni Association's "equiva-
lent affirmation" proposal today.
J The vote was 21 to 1.

The regents met here at 2 p. m.
and accepted the alumni group's
proposed solution to the bitter,
year - long loyalty oath dispute
that has stirred nation-wide con-
troversy.

Modification of the loyalty oath

demand came just nine days before

the April 30 deadline that had

'been set for faculty members to

sign the special oath.

One regent. L. M. Giannini, dis-
agreed with his colleagues on the
new proposal, and offered lo resign
because *T don't want to be a mi-
nority of one."

It was not known if the "equiva-
lent affirmation" will be acceptable
to the faculty. However, the facul-
ty has called a meeting for 10:10
a. m. tomorrow, at Wheeler Hall,
Berkeley, to study the proposition.
The resolution, offered at today's
meeting by University President
Robert Gordon Sproul, provides the
following:

1— Putting the statement: "I am
not a member of the Communist
party . . ," into the salary contract
for each university employee in-
stead of into a separate notarized
oath.

2— Retention of the regular con-
Continued on Page 6, Col. 6

Oath Controversy

Editorial

The long-drawn oath controversy at the University of
California appears on its way to a conclusion. By a nearly
unanimous vote the Regents yesterday accepted an Alumni
Committee compromise proposal.

Under this proposal the special loyalty oath is with-
drawn, and the faculty member is required, instead, to
affirm in the teaching contract that he is not a member
of the Communist party, or under commitments in con-
flict with his responsibihties with respect to "impartial
scholarship and free pursuit of truth."

This proposal is a hard-earned compromise. It is not
what the Regents demanded, and it is more than the
majority of the faculty has wanted. But the Regents have
accepted it, almost unanimously, and we believe the Aca-
demic Senate, which sits this morning to consider the mat-
ter, should and will likewise indicate its acceptance.

Like any other compromise, this one's success will be
determined by the degree to which it works in actual prac-
tice. What is needed now, more than anything, is a cooling
of tempers and a period of calm to enable the welter of
confusion surrounding the case to subside. The com-
promise opens the way for that, and the Alumni Commit-
tee is to be commended for bringing the matter this far on
the road to a possible solution.

The protraction of this dispute for more than a year
has befogged the atmosphere to a point which had ap-
proached utter hopelessness. Some of the confusion was
deliberately provoked by obtuse or wily interests on both
sides, but a great deal resulted from inherent abstract-
ness of the matters under discussion. It's hard for any-
one but a scholar to get his teeth into a principle like
academic freedom, and it's hard even for an articulate
scholar to make academic freedom and the principle of
tenure crystal clear to the layman.

We are aware that there will remain, in the minds of
many faculty members, the question of whether tenure
and academic freedom will be secure under the compro-
mise proposed by the Alumni Committee and accepted by
the Regents.

But we are confident that the destruction of tenure
and academic freedom was never the intention of the
Regents, any more than the faculty's intention was to
make the University of California a sanctuary of Com-
munists.

We believe, in other words, that it is the earnest in-
tention of the majority of the Regents under this com-
promise to give the faculty the same freedom it has al-
ways enjoyed — the freedom to work and talk and think
without fear of retribution, and the major voice in pass-
ing upon the qualifications of faculty members. We are
confident, also, that the Alumni Association, whose com-
mittee has worked so diligently to settle the dispute, will
stand resolutely behind th* faculty in defense of these
rights.

So we ask that the compromise be given an earnest
trial to the end that the university, already done grave
harm by this long and bitter dispute, be spared the total
catastrophe which was steadily overtaking it until the
compromise proposal appeared.

Loyalty Oath Comprom i se

More on UC Regenfs Accepfing Plan

Continued from Pag^e 1 '*^!!!E!!!???!!<i^— «—mmmm«mmw

Continued from Pag^e 1

stitutional oath taken by State
officers.

3— Provision that the new con-
tract form should be signed by May
15 by all who have failed to sign _ • ,^ " "*

the oath to date, or may be substl- For IJl F;:^ri llf\/
tuted by those who have already \7' ^^ TdCUITy

signed if they so desire.

Exact Wording
Of New Letters

4— Provision that faculty mem-
bers who fail to sign the new con-
tract may apply for a hearing by
the faculty's Committee on Privi-
lege and Tenure.

5— The regents, who will make
the final decision on each indivi-
dual, will examine the findings of
the committee.

®— The new contract will be a
regular form to be signed by all
employees beginning July 1.
BASIC DIFFERENCE

The basic difference between the
new requirement and the old oath
procedure is that faculty mem.bers
may no longer be fired without a
hearing merely for failure to sign a
special oath.

At no time has Communism been
an issue in tiie dispute between
faculty and regents over Imposition
of the oath. The Academic Senate
has from the start expressed its
satisfaction with the regular con-
stitutional oath that faculty mem-
bers, as well as all other State of-
ficers, take.

The regents' meeting today was
open, and was attended by faculty
representatives from Berkeley and
Los Angeles, a group of students,
and the alumni committee which
had developed the resolution.

After President Sproul presented
the resolution, various regents spoke
up in its support and in praise of
the efforts of the alumni.

GIANNINTS DISSENT

The only dissenting voice was that
of Regent Giannini. He .said:

"To reverse our position would be
for this to be construed as a victory
for Communism. I will not be a|
party to such action. I am sorry to
differ with the regents and I am
prepared to present my resignation
at this time to the board."

Giannini and Regent John Fran-
cis Neylan then argued over the
legal effectiveness of the substitute.
Giannini maintained that under the
new contract, a Communist would
suffer only loss of his job and civil
suit for breach of contract.

Neylan declared that under the
new provisions Communists within
the university would be subject to
criminal prosecution, just as they
would be under an oath.

Giannini answered: "I think
everyone is underestimating the
Communist threat to our whole
economy ... I feel sincerely that
if we rescind this oath, flags will
fly from the Kremlin. I cannot ac-
cept this contract. I will not be a
minority on the board. The Regents
must be united, because I feel this
will be a recurrent problem. There-
fore, I will not reconsider my resig-
nation.

"I want to organize 20th Century
vigilantes, who will unearth Com-
munists and Communism in all
their sordid aspects, and I will, if
necessary."

EHRMAN REPLIES

Regent Sidney M. Elirman spoke
up, 'T grant you that tliis is a

This Is the wording that will
appear on the new letters of em-
ployment at the University of Cali-
fornia, to be signed for the current
academic year by all those who
have not yet signed the oath, and
by all employees next year:

"Having taken the constitutional
oath of office required of public
officials of the Staf^ of California.
I hereby formaJly acknowledge my
acceptance of the position and
salary named and also state that
I am not a member of the Com-
munist party or any other organi-
zation which advocates the over-
throw of the Government by force
or violence, and that I have no
commitments in conflict with my
responsibilities with respect to im-
partial scholarship and free pursuit
of truth. I understand that the
foregoing statement is a condition
of my employment and a considera-
tion of payment of my salary."

national issue. But if all our na-
tional problems have to be ham-
mered out on the University of
California campus, we will find at
our feet the prostrate, bleeding
body of the thing we love the
most."

Giannini reiterated his resigna-
tion, and all the Regents, in turn,
protested. The Governor said he
would not accept it.

Giannini answered, 'T would be
more effective on the sidelines, as
the member of an organization
dedicated to fight Communists."

Warren replied, "We can resolve
our differences here in an honor-
able way. None of us, and no mem-
ber of the faculty, is soft on Com-
munism."

After the vote— which recorded
Giannini's emphatic voice as the
only "No." Stephen Bechtel. chair-
man of the alumni committee which
negotiated the settlement, spoke in
appreciation.

HOPES FOR PEACE

At a brief press conference
afterward, faculty members voiced
their hope that the quarreling be-
tween faculty and Regents would
be ended by the Regents' action.

Professor John D. Hicks, chair-

man of the faculty Committee ol
Seven, declared:

"The Board of Regents have to-
day rescinded the Tcbruary 24
ultimatum which would hav«
brought about the dismissal of men
and women without a hearing sim-
ply because these members of our
faculty had refused to sign th«
Regents' oath. The board has also
withdrawn the requirement of it«
mandatory oath.

"In taking these two actions, the
Regents have reaffirmed their faith
in the faculty and for this action
we are grateful. . . . Tomorrow th«
faculties of the University at Berke-
ley will meet to give expression to
their views as to the particular de-
vice named by the Regents as a
means of Implementing the policy
of both Regents and Senate against
the employment of Communists.
We believe that the solution offered
by the Regents will be accepted.
PROFECTION OF HEARING

"Many honest men, both within
and without university circles, will
regard the dicision of the Regents
as an unfortunate departure from
the customary rule of completo
academic freedom, but these in-
dividuals cannot fail to recognize
that faculty members are still to be
protected, even if they do not sign
the proposed contract, by a hear-
ing before a Senate Committee on
Privilege and Tenure."

Hicks also declared that Presi-
dent Sproul had promised full pro-
tection for lower-rank academic
employees who do not have tenure,
250 of whom had pledged not to
sign the oath.

The group of 250. according to
an announcement by Leland L.
Howell, chairman of the Non-
Senate Academic Employees, has
investigated the possibility of en-
listing support from other universi-
ties, and also have registered oppo-
sition to the Regents' new solution.
The faculty meeting tomorrow
on the Berkeley campus was ex-
pected to be one of discussion only,
since It was not an official Aca-
demic Senate meeting. The south-
ern Academic Senate will meet in
Los Angeles Monday.

The status of Regent Giannini
was still not clear as the meeting
adjourned. He had not yet with-
drawn his resignation, but Gover-
nor Warren declared, "We're foing
to work on him."

S F . d^To-c«>*^*cXi2_

I

Meeting of Minds
On the Loyalty Oath

Twenty-two tired men cath- Au^r. t,.,^ i , ... . ,.

Twenty-two tired men gath-
ered in a hot assembly room in
Davis Friday afternoon to re-
solve the University of Califor-
nia's year-old loyalty oath con-
troversy.

As the University's Board of
Regents, they had one common
objective: to maintain a first-
rate educational institution and
keep intact its Nobel Prize-
winning faculty.

As the State's titans in finance,
agriculture, labor and politics,
they had been held apart by
the strong convictions of strong
minds.

After two hours of debate the
regents voted 21 to 1 to accept
the compromise of an alumni
committee— a pledge of loyalty
and a renunciation of Commu-
nism with the alternative of re-
view by academic and regent
committees for those who found
signing unconscionable.

Students, alumni and news-
paper reporters watched tensely
as the antioath and pro-oath
factions were welded and the
matter sent back to the univer-
sity's eight campuses for faculty
endorsement.

UG Loyalty

Text of Compromise Resolution
Voted Friday By Board of Regents

This is the text of the resolu- ment after June 30. 1950. For the

balance of the current academic

Hon passed by the University of
California Board of Regents Fri-
day as a solution to the year-
long faculty oath dispute. The
resolution was prepared by a
committee of university alumni,
and passed the board by a 21-1
vote:

The Regents of the University of
California confirm and emphasize
their policy designed to bar mem-
bers of the Communist party from
employment by the University as
members of the faculty or other-
wise, as embodied in various state-
ments and resolutions Including
those of Oct. 11, 1940, and June 24,
1949, which policies are hereby re-
affirmed.

The Regents are gratified that
the Academic Senate, both Northern
and Southern sections, has con-
curred in this policy by an over-
whelming vote reported on March
22. 1950.

The Regents have given further
consideration to the mast effective
method for the implementation of
this established policy, and it is
their view that the objectives previ-
ously defined and announced can
best be achieved in the following
manner:

CONSTITUTIONAL OATH

After July 2, 1950. which will
mark the beginning of the new
academic year, conditions prece-
dent to employment or renewal of
employment of American citizens in
the University shall be (1) execution
of the constitutional oath of office
required of public officials of the
State of Cahfornia. and (2) ac-
ceptance of appointment by a let-
ter which shall include the follow-
ing provision:

Having taken the constitutional
oath of office required of public
officials of the State of California,
I hereby formally acknowledge my
acceptance of the position and sal-
ary named and also state that I
am not a member of the Communist
party or any other organization
which advocates the overthrow of
the Government by force or vio-
lence, and that I have no commit-
ments in conflict with my respon-
sibilities with respect to impartial
.scholarship and free pursuit of
truth. I understand that the fore-
going statement i.s a condition of
my employment aihd a consideration
of payment of my salary.
ALIENS' LETTERS

InavSmuch as aliens are not law-
fully subject to an oath of allegi-
ance to the United States or the
State of California, their letters of
acceptance shall be drawn without
reference to such oath, but shall
otherwi.se in all respects be iden-
tical with those of American citi-
zens.

In any case of failure to sign the
constitutional oath and the pre-
scribed form of letters of accept-
ance, the right of petition and re-
view, referred to below, will be fully
observed.

The foregoing 1« Intended to
govern employment and re-employ-

CCCCAAA PACE 12
SUNDAY. APRIL 23. 1950
San Francisco Chronicle

yaar, to wit, until July 1, 1950, ac-
count must be taken of both the
large majority of faculty and em-
ployees who have subscribed to the
loyalty oath of June 24, 1949, and
of the minority who have not. The
Regents have, on various occasions,
indicated that an alternative af-
firmation would be accepted from
the latter group, if in form ap-
proved by the Regents. It is hereby
provided that execution of the con-
stitutional oath of office, required
of public officials of the State of
California, and acceptance of ap-
pointment in the form herein stated,
will be acceptable affirmation in
lieu of the oath of June 24, 1949

The Secretary of the Regents
shall promptly mail to all faculty
members and employees of the
university new letters of acceptance
of appointment for the academic
year 1949-50. containing the text
of the provision set forth above,
and accompanied by the text of the
constitutional oath of office of the
State of California.

Acceptance in the form prescribed
shall be obligatory for all who have
not filed with the secretary the
loyalty oath previously required by
the Regents. Those who have al-
ready taken the latter oath need
not follow the described procedure
for the current academic year, but
may do so if they wi.sh. In such
case, the oath to which they have
subscribed may be withdrawn.
RIGHT OF REVIEW

In the event that a member of
the faculty fails to comply with any
of the foregoing requirements ap-
plicable to him, he shall have the
right to petition the President of
the University for a review of his
case by the committee on Privilege
and Tenure of the Academic Sen-
ate, including an investigation of.
and full hearing on the reasons of
his failure to do .so. Final action
shall not be taken by the Board of
Regents until the Committee on
Privilege and Tenure, after such
investigation and hearing shall have
had an opportunity to submit to
the Board, through the President of
the University, its findings and rec-
ommendations. It is recognized that
final determination in each case is
the prerogative of the Regents.

The Regents fix May 15. 1950, as
the date on, or before which, the
oath and contract form shall be
signed, and June 15. 1950. as the
date on or before which all pro-
ceedings before the President and
the Committee on Privilege and
Tenure shall be completed and their
findings and recommendations sub-
mitted to the Regents.

The regulations and procedures
herein enacted, as applied and en-
forced by the administrative au-
thorities of the University, will
henceforth govern and control over

Aye Vote

John Francis Neylan (above)
was one of the 21 UC regents who
voted in favor of the loyalty oath
compromise. He had led the bat-
tle for a separate oath but found
the alumni proposals a satisfac-
tory sub.stitute Inasmuch as th«
new provisions, he said, would still
allow prosecution of Communists.

all previous action of the Regents
to the extent they may be incon-
sistent with such previous action, to
the end that the policy of the Reg-
ents and the Academic Senate bar-
ring members of the Communist
party from employment in the Uni-
versity may be fairly and effectively
implemented.

OPEN SUNDAY 2 TO 5

^sk About Our Rental Purchase Plan

PIANOS RENTED

CftANDS • SPINETS • UPRIGHTS
No Sale oyifation on Rent Pianos

.San Francisco

I'th & Mission

TN l-SfW?

Sutttms Sl[J/ CtmfMnf.

Oakland
12tH * WrbUer
GI 1-976.%
AUo Sacramento, Modesto. Fresno
Distributors of Kimball Pianos

ff'urlitzrr Pinnos ,

Rt-oondUioned Planon |I12.'S up

Ed

t

FII/IED IN TOO SECTIONS

I

,1

itcrmci

WSPAPCR

»AY, APRIL 23, 1950

F.

oroker and
it his apart-
art condition

TUCKtK
nent fatal

"ucKer became a

hy and Co. and

1 business until

♦6. He thereafter

exclusively to

he development

ibred strains of

a ted a 1200 -a ere
st," in the Rogue
Southern Oregon
•e he raised pure-
e.

4 he served as

"lifornia Hereford

as a director of

ford Association

death. He also

rt in the devel-

Pranciscos "Cow

he Nation's most

^ show places.

• 'd a director of

■t 1-A, admini?-

Palace, and was

itrict at the time

'/ his leadership

national livestock

were sponsored,

*age 11, Col. 1

nen

Loyalty
Oath

Faculty Accepts
Solution Voted
By UC Regents

By RUTH NEWHALL

The faculty of the Univer-
sity of California will accept
the decision of the Board of
Regents on the solution of the
loyalty oath question.

Some 700 members of the
faculty, meeting in Wheeler Hall on
the Berkeley campus, yesterday took
this position:

They will accept the regents' offer
as 'made in good faith by men of
good will" and the question will
not be reopened unle."5.s a member
of the faculty is discharged with-
out evidence that he is a Com-
munist.

CONTRACT WORDING

The regents' solution, worked out
by an alumni committee, and ap-
proved at a meeting of the board
in Davis on Friday, provides that
the words "I am not a member of
the Communist party" be included
in the letter of appointment which
serves as an annual contract, rather
than in a tjotarized oath.

The solution further provided
that all employees who did not sign
the oath should sign the new con-
tract by May 15. If they fail to
-♦>— _ — .»■,

I Text of Resents* resolu-

I tion and pictures. Page 12

.* : c*

do so by that date, faculty cases
will be heard by the faculty's own
committee on privilege and tenure.

The regents will then review tUe
findings of the committee, and make
their decision on whether the mem-
ber should be retained.

High point of yesterday's meet-
ing was an address by Dr. Monroe
E. Deutsch. provost emeritus of the
university, where he has served for
over half a century. Deutsch's ap-
pearance on the platform brought
a standing ovation from the entire
faculty.

SERIES OF PROPOSALS

The group passed a series of rec-
ommendations to be taken up at the
official meetmg of the Academic
Senate on May 1. These were the
main points:

1— The decision whether or not
to sign the new contract will rest
with the individual, but any mem-
ber should feel free not to sign.

Re.

w

At
Sh

Th(
Ger,
To(

Special U

FRES

ney Ger

today T<

ries of

condu<

ward
publicr

Sha

the I

eral,

base*

How
torn I

Hf
ques
seek
his

H
am;
ing
em
due
delf

MF

^

dui

T

for \

peri ■
plat
the

Hr

clint
he \

whii ^

supr

the

In
tionr
to "
has
so"
char

Ci
day
ShJtL
hao|»
or r
sort;
pea(

WA

S'
17 1

^'-r

jroker and
«t his apart-
art condition

Solution Voted
By UC Regents

Sh

Th6

Ger
To(

By RUTH NEWHALL

The faculty of the Univer-
sity of California will accept j
the decision of the Board of
Regents on the solution of ^^^^ Special ti
loyalty oath question. j pprc

Some 700 members of the
facultv. rneeiinc in Whee>r Hall on

ney Ger

ituii>. laetiiiip ill « ner.pr naii on •;
tie Berkeley campus, yesterday tookj^P^^X ^
iliis position: |ries of

They \m11 accept the regents offer Icondu
as made in good faith by men of -.---^
good will" and the question wil. x-:

not be reopened unlciss a member i g^^
of the faculty is discharged with-
out eMdence that he is a Com-
munist.

TUCKhK
nent fatal

"ucker became a
hy and Co. ajid
T business until

46. He thereafter

ex<:' "^ 'c V to

he c ment

"ibred strains ol

CONTRACT WORDING

The regents" solution, worked out
by an alumni committee, and ap-
proved at a meeting of the board
.r\ Davis on Friday, provides that
the words 'I am not a member of
the Communist party" be included
in the letter of appointment which
serves as an annua] contract, rather
than in a Notarized oath.

The solution further provided
that all employees who did not sign
the oath should sign the new con-
tract by May 15. If thev fail to

rited a 1200-acre
•St,"* in the Rogue
Southern Oregon
.t he raised pure-

-e.

-4 he sened as
'lifornia Hereford

AS a director of

ford Associatic^
death. He a.

rt in the devcl-
Fr? s -Cow

tit '. . £. . . on s most

• show places.

Hi a director of j facultv

:t 1-A, - ■ -'

Palace, r..^. ^i.s
trict at the time
r his leadership
ational hvesto-
were spon-sorec.
'age 12, Col. 1

I Text of Regents' resolu-
' lion and pictures. Pa^c 12

A ^

the 1

eral,

base*

How

torn.

Hf
ques
.«eek
his

H
an?
ing
ern
due
delf

MI

dui
T
for

do so by that date, faculty cases
will be heard bv the faculty's own-P^^i

Piat
the
H^

clin»
he

wh:

committee on privilege and tenure

The regents will then review tlie
findings of the committee, and make
their decision on whether the mem-
ber should be retained.
High pwint of yesterday s meet-
was an addres*: by Dr, Monroe if 1^^^
i-. Deutsch. provo.-i emeritus of the
university, where he has served for
over half a century. Deutsch's ap-
pearance on the platform brought
a standing ovation from the entire

nen
Off
oint

the
In
tion:

TO ••

has
>o ■
char
Ci

day

Sh?

}hac

Ol'

sort

(T>ea

rea fishermen
ncd yesterday

SERIES OF PROPOSALS

The group passed a series of rec-
ommendations to be taJcen up at the
aal meetmg of the Academic
cewate on May 1. These were the
main points:

1— The decision whether or not
to sign tlie new contract will rest|^*
with the mdniduaJ, but any mem-
ber should feel free not to si^n.
with the knowledge that, if he is
not a Communist, his nghtg wiU
be protected.

3 — The committee on privilege'
and tenure should be instruciea that
no member is a Communist unless

S
17 J
in I

39 V

specific evidence to the contrary 1» ^^^^ ,

a?e
'.he
year'
<S1

d skiff cap-l^^*^'^^

off *— A committee should be

senric*
ppy sea* off' ^—^ committee should be ap- ' Sh

out five miles ^^"^'^^^ '^ handle the case? of non- '^he
Senate employees. "• —

j 4 — A committee on academic free-
dom should be appointed to keep in
touch with the effects of the new '^''^'^
contra<,'t— ffuch a* refusal of men * ^
to join the faculty, resignation of
faculty members, and the general
sianding of The university in the
academic world.

oon bay.

fied as Lewis

of 1701 Eddy

A^hby Jr . 39.

?et. both cr»*il-

U. S. Marine

^, 40. job-

treet, Berke-

0, a jamior.

V a friend
reoo^»

n;m
terr
who

The
Sh
egat»

OOTld

•—•A permanent organization mtezi

should be set up to educate public, | 'Or

'lumgypd students concernmg the;phatt

radflmb of ?'-9'*»'ric freedom and

iver the ithe role the ui y plays in those

•oat wa^ traditioas.

"*'^*^ ^ IMPORTANT GAIN

Deuuchs addresj- emphasised the
point that though the solution ap-
peared distasteful, it involved gams Ql'EJ

Continued on Page 12, Col 2 Sha

skiff
from
the-

% •
•ne

undei
to ex
fact*
quest

answ<
the t

Boy, 4, Dies in

Repoiterfc, re^^tii4, sfucienH and alnnmi hehi Pre&*0£tnt Ko^c^n v«o■rwc■«^ Sproui read (-he new compromise prpposal in a Davis ass

Negro Home More About the UC Loyalty Oath Com

Bombed in | /r^^Lz/ty Wont Fight Alumni
Birmingham

pro

BIRMINGHAM Aia. April 22

Plan Accepted by Regents

(I:J!>— The home oJ & Neprn con- (;untinu<;d frmn Papr 1 ^say this. We knov how to sa^-e the

trartor acrosF the Btreei irom a, over the previoup 'sipn-or-fret-oufiuniversity. The world knows ve do
vhiT* reBioential neiphbortjood. to- j reguij-ement. [know how to save it. Wc. even we

jijfCht waF shattered by d^'namite ^ • t.he important pain lief in prant- here, hold the power and bear the
# wcond time withm the past yea; mg to a group of the laculty f own responsibility.*'

None of the four perRonF m the i ^jjjjociateK the task of submittinp a Dr. Deutsch then turned to the
Iwo-Btorx frame dwellmp owned by jpnommendstion in each such case specific issue of loyaJty and defined
t W Henderson 35-year-oid T^epro j^^^^ ;,^f, recommendation goes to his view of its meaning
pevf more than scratched and^^^^ prpKuipnt. and then to the r»-
«lififeen. but the blain ca'X'ed m the gents.

"And there lies the acid uy.
think we must proceed on the basiK

of pood faith in the regeote. In any
event, i; will no: be many 'wmntilw
before the outcome in these caaeE

The biasi site waF fjve blocks^ known"

ilTNITT

The retired

front of the home, police said.

The impact splintered the front
porch. staBttered all windows, ripped
paper from the walls, and rocked
the neiphborhood.

educator also

from the location of the nev brick
residence-office of Dr. .1. A. Alfred
Bo.vkin. Nepro, which was bombed
iast A^ril U.

Both residences are located in ajfacultj' to 'stand by the univer-
-fnnpe" commumT?. which was re-jsity" and not let it "be destroyed
7.oned lor Negro occupancy about 34
r

"MxkA 1i "ma" oT loyaaTy." b
addefl. "There is the adolesce:.

I'loj'alty that speaks of 'dyiiJ/Mor the

university.' But there is a far greater

and logber loyalty.

"And that is best ''»^'}wmr^ by

thtt imiiierBtar'a trtaHtrnk aktasiziiiE.

Joaia^ WUrpom. w^ttm ncM:

** 'liiUSwJty means givinif the self

gu.;to the cause. And the art of givitig

pres'^vci hope that the action would
bul'' — r.v on the board.
'^' i*iep feeling, he urged the

"^•^"re is something else in-
Bomethinp of supreme im-

....... ...ut time there have been|P^^^^^" ^^ «^^-

m^ bfimbmpp of Neprn homes m the

'tion. 3 know well how many de-
voted hours members of the 1 acult^

'ThiF IS a great
i.in a rea] sense)

lOn. 1'

.iBStitU-

H'
the

suic 'If bn'jr.h:
SIX motiun.'- ugc

was "down the street- at the time^^^^'^ P;^«° ^^
the blast occur-- He beet.- ''""^ ^ ^^ "^^

■^■'urning .a
he asked. "It's

j>' - -:.encaJ

f- ., :... :iju»e a

"Isn't it a shame
awful. it'« ridicui
iimipen in a c." ..i/.n i;.i.aii.:>
lAiould hBve known it. because I wu;
down to Dr. Boy km s after they blew
up his house. And then, just last

JdOBdey. i "r of wtui-e fellows

»d bv i...: ^bve thiF house the

S OJ bXir Hl/l .-t-.u

■ -it has Jhad tlie wisdom to i-t
heavily upon your recammeQda-
tions.

"You muf?t no- • m. destroyed

or destroy it y<'

IS learned ttg jpsnr

** 'Btmin, giuflujfe _■'■-. toil

— ^the dear pangs of labor at the
moment when peiflsajK defeat a-
r^'*' must seem TemBj to crush Ol..
js and wbeo |ply the very
^'enemence of labor itself saves us
from ut.ter despair — these are t'^
t.hinpB thai must teach us whi.
\y is'
' And so even though • in Royct :

T :.! I there v--- -r defee;-

test OUT -; us r»c«;

; the ship; but keep our flag

'>'-'

;.r

"If I were 33a 1
: "i;). ,: sign the coiitraci.,

"But J . , Rtand by the imi*Id

other.""

Psychology Professor Edward
Tolman announced to the m*^-
that lot wouMI n»t sign the nev

we cas do zko
C

vice, 3 i tract, and imited faculty me-

Goverfior \^arren second from right* and Pretiden'

T

-It C4..J^^|.«,

-Q

-iH-ts

versity. "We hope and beheve its Then Professor Arthur B:
Igreatness will po on lor cei. tune? chairman of the Deparv
'•1 watched them from the win- ^" ''' ""^ ""' take m-eps that i Scandinavian Language.,
do^- and heard one ol them aay.,^ it to the ground.

"This one wiL' be next ** |IX»CXIliK Ql OTED

The downstairs apartment was or- Quotii* from the words of 1«id-

nr

rupied bj' Henderson and hi.'^ fam-
i' V ' "^elma and children,

M. i- ...ri. "V^irgmiB and Ben-

net, ■ r m age from 6 to 16.

Beimett. 16. rushed from wort
V * heard about the explosr.

T:, V .-r and other children we i
visiting her mothers home some
distance away.

coin, he said:

""We cannot taaapit iuawry.
of thiF faculty wiH tee
in spite of ourselves.

"The fiery trial Itamigb ivSiildb

„;,., l«ta

" ' we are for t3ut lUMiiwwttir.

The wond will not forget ttaat we

that thoui^b be would

eitfater, be Wtorad it a matter '

individttal caoscienoe and not grc>

actioii, and, be added, ""We ow>

great deal to those regents v •

worked for us "

On Brodeur'E mmtami, the en:
faculty voted oaaflUflHe m. Pre^j-
dent Robert

Job

^.^; I overrulnc,

'ncyjs secret recorc

'tsTO

'if

un-

rjlo-

■tli

love'
I
. a!
ider
)m-
a]-

UC Facufty

iNamesOafh
Commfftees

"^0 taculty comnuLieefe con-
'RCi m the settlement of

-'^^ o^ CaliJornia lanultv oath

' ^ werr named -- .„v oy

che Academic Senate C.k. ee on

Committeef>

Tnp Committer on Priviiegr anc^

Tenure, a repuiar standmp eommit-

tec Which repuiarjv take,^ otrice on

JuJy I. way appointed earlv to con- i

net heannp.s which betrin nexi

IV)"" - ' j

suei ' nienibcr. wno leci tht-v'

^j^^ cannot sipn thr nev contract v:inctu
^ wafi substituted lor the oath and!
ant ^^**^^ contamf; the statement "1 am '
pa_ nn' » niembeT- oJ the Communist,

party." vili state their -- jq'-

not signmp to the Cor ■; on

'^pr and Tenure begmmnp next,
'Hx The committee wilj report
-:^: Board o^ Rrr— - hv .lunr l.
wo Fma] decision re;, • thr Re

e:ent6.

Chuirmar ol m^ new Commit^tee
nv T>..„iigpp ^j^^ Tenurr i? Prolessor
y- DapTgett oJ economiL.,, Oiucr

mimcmpers arc Richard w Jcnmnps.
31 ^"^"^^^^^^ 0\n-t Kerr, ctirer-

te 01 IndufitriRi

,^'^ ^ " -^^■": i WalKe: •

;«lsor ol apriculturaJ enpmer

^'■, ! Imm L. Prosser. Dear oJ

Percy m. Ban. prolesso! o:
anc^ C Evans pro-

^): niatneu. ..,„.,.„
nrw Committee on Academe
:i'. Which will act hj; g
"on the ctlectfi of thr
ii: • '"* anf "■ ">8iblPthrrH;:

the

se.'.

to

iia

ng

he

lUt

, named The committer wil/ 'pp^j..
'^- Jat the end ol the year as to whethet

us.

tM"" '^

n ol the uni-

■»i itr
tnr •

luse > .

^m- ^^^' *^**'

repr/^^*' s«ttlemeni

man ol the group wiU br

•per

im-

i.

oy,

ied

iw.

t's

ii<^..wV .. M Wood&. vice
of the univer.<5itt- i- ,>i^^,.,\
University Ex:. .., ^^^

berF are WlUiam Denne.. dean ol
]^^ ^■""" • Robert Ni^

Stanley. "

!tor>-: ant! Dixon Wecter, V .
5n'ol history *-. -r- >

\

The Satunkv Review

qfJUtemturr

p-*^

f 3

5

Commissars of Loyalty

DIXON WECTER

NOT MANY years ago college
professors were generally re-
garded as figures of fun, inno-
cents, and milquetoasts. George San-
tayana benignly called them "tame
song-birds in their cages, who have
preferred fidelity to adventure," while
Upton Sinclair more caustically pic-
tured colleges and their teachers as
goose-steppers in the wake of Big
Business, hopeful that some crumbs
of patronage would drop along the
way. Those were also the days when
our State Department was widely
thought to be the very fortress of con-
servatism. But time has erased both
images, substituting new caricatures
— upon the editorial pages of McCor-
mick and Hearst with their exposure
of subversive "architects of foreign
policy" and "Red-ucators," and thence
upon the retinas of many really hon-
est Americans.

Both the State Department and the
university campus are discovered to
be hot-beds of cunning and malignant
radicalism. Why radicals are always
found in hot-beds — as distinguished
no doubt from the cold frames of con-
servatism— has never been wholly
clear, but let the figure pass. That an
occasional Communist has worn the
striped trousers of diplomacy or the
baggy pants of academicism is high-
ly probable. But can members of other
professions swear their ranks have
never been infiltrated at any point,
say, by the Marxist lawyer or jour-
nalist, the fellow-traveling Congress-
man, or the Robin Redbreast cleric?
The inroads of foreign propaganda
are, I believe, not demonstrably
greater in one than the other.

To attaint with public suspicion any
professional group in America is, by
any standards, a sad business. Like
every calculated appeal to prejudice,
it buries the merit or demerit of the
individual under the vicious sweep of
generalities. Distrust by association is
its essence. Suspicion releases into the

common air a poison gas that spreads
far and wide, tending always to settle
into the low ground, among the cra-
ters of old feuds and battlegrounds —
the taxpayer's distrust of bureaucrats,
the tension between business and gov-
ernment, the tabloid-reader's opinion
of high-brows, the cleavage betwixt
town and gown, and here and there
the gaping fissures of religio-racial
bigotry. And whether attached to pro-
fessional groups or individuals the
Communist label, though it can't be
made to stick, leaves some of its
smear behind.

Among institutions that have been
built long and patiently upon public
confidence — in the assumed integrity
of their members — this attack can be
devastating. To claim immunity from
criticism is fortunately no American's
inalienable right. But the assaults of
irresponsibility, directed so often by
politicians seeking self-advertisement
at bargain rates, against our highest
type of public servant — an Acheson, a
Lilienthal, a Forrestal — are well cal-
culated to dry up the idealism of such

Mr THt
APPLt — JOST

"~ X,

— Justus t» The Minncapulis Star
'A Tough Shot tveii lor \l illiuni Tell.''

service at its source. In the same way
the onslaught upon free universities
is sure to close the teaching profes-
sion to those most sorely needed,
namely young men and women of
brains and conscience in search of
something besides its modest financial
rewards.

THIS spring the national spotlight
has been reserved by the junior
Senator from Wisconsin, who ingeni-
ously has contrived to pick as his vic-
tim a gentleman who is both a college
professor and occasional adviser to the
State Department and thus labors un-
der a dual burden of guilt by associa-
tion. Clearly enough in this political
year, McCarthy is the puppet of party
determinism, and no subtler explana-
tion of his behavior need be required.
Operating upon the same plane is
South Dakota's Senator Mundt, with
his repeated demand for legislation
which predicates "a clear and present
danger" from the one-twentieth of 1
per cent of our population that belongs
to the Communist Party. (If we can-
not be the land of the free, as Har-
vard Professor Chafee says, then ai
least let us be the home of the brave
and stop arguing ourselves into a state
of self-intimidation. )

Our greatest internal danger today
is that the American citizen, watching
his Soviet adversary so intently as to
be hypnotized by him, should fall un-
consciously into making imitative pesj
tures: the petty police and the neigh-
borhood spy, the abolition of free
speech and thought and association,
and the tribal worship of the State.
Such imitation is a flattery which I
for one do not wish to pay the USSR,
in tacit confession that the way of
Molotov and Beria is superior to that
of Mr. Jefferson and Justice Holmes.
And let it be recognized that mere
anti-Communism, however violent and
vocal, gives no man a peculiarly \v^\y
sanction. Hitler, too, was an anti-Com-

7 he Saturday Review

\

munist when it suited his designs for

Colleges and universities always of
fer vulnerable targets. Almost any at-
tack upon them enlists a latent mis-
trust of the so-called intellectual,
which is commoner than we like to
think. "We have too many philoso-
phers already," wrote even so sensible
a man as old John Adams, discourag-
ing a band of scientists from the In-
stitute of France who wanted to visit
America with an idea of improving
the sciences. "I begin to think that the
learned academies . . . have disor-
ganized the world."

This virus of suspicion sometimes
attacks individuals — ranging from a
former president of Texas University
whose regents sacked him because he
was a New Dealer and suspect of here-
sy over the moral beauty of white su-
premacy, down to a young Baptist
preacher-professor fired last year
from Indiana's Evansville College be-
cause he introduced Henry Wallace at
an oflF-campus meeting although a jury
of his peers found him "a stimulating
teacher." Lately the Western state
universities have been under fire. Pos-
sibly the West is a shade more naive
than the East. Perhaps the Pacific
Coast has never fully recovered from
the wartime panic that expelled the
Nisei. The Sons and Daughters of the
Golden West, along with local chap-
ters of Sons and Daughters of the
Revolution and some veterans' groups
— forces that recently pressured the
California Legislature into rescinding
its brave step of 1949 toward world
government — are swayed by provin-
cialism compounded with nationalism.

Moreover a state university is fore-
doomed to fight a ceaseless battle
against political blocs and caprices. Its
annual budget lies within the legisla-
tor's palm. Too often in facing these
pressure groups the Western state
campus lacks those seasoned tradi-
tions and endowments which enabled
Harvard, for instance, in 1949 to tell
a self-appointed inquisitor to go to
hell — obeying the same priceless re-
flex that led it in World War I to re-
ject a $5,000,000 gift rather than fire
Hugo Miinsterberg. Columbia. Yale,
and Chicago have resisted similar
pressures, open or covert.

On the other hand, University of
Wyoming trustees a couple of years
ago ordered a scrutiny of textbooks
for "subversive matter" — in the same
alarm shown in 1949 by Georgia's
Congressman John S. Wood, chair-
man of the House Un-American Ac-
tivities Committee, when he called up-
on some seventy colleges to turn over
lists of texts and outside readings to
his committee, "in the fields of so-
ciology, geography, economics, gov-
ernment, philosophy, history, political

science, and American literature." It
is a satisfaction to record that he re-
treated under pressure from several
members of his own committee.

IN THE Northwest both Washington
and Oregon have seen external forces
invading faculty problems of subver-
sion or alleged subversion that should
have been dealt with quietly, decently,
and efficiently within the family. Lat-
est of all, a university that has long
congratulated itself upon its freedom
from interference and the smooth-
running mechanisms of its self-gov-
ernment has met a severe jolt threat-
ening irretrievable damage. This is the
University of California, the world's
largest, with its 44,000 students, 9,000
employees, and eight campuses. More
vital than size is the fact that this
university over many years has built
one of the three or four most dis-
tinguished faculties in the United

States, including four Nobel laureates
in science and a galaxy of eminent hu-
manists. Its quality has long been one
of the soundest sources of pride to
people of this region. Yet it has re-
cently been brought under deadly sus-
picion in the eyes of " innumerable
thousands.

Do these professors inhabit a hot-
bed— as the Hearst press daily insists
— with the heat supplied by an exten-
sion cord from Moscow? For almost
a dozen years I have belonged to this
teaching staff, first in Los Angeles and
now at Berkeley. If there are Commu-
nists in our midst or even submissive
fellow travelers I have yet to find
them. My friends and associates, scat-
tered through many departments, re-
port the same thing. Even our severest
critics — State Senator Jack Tenney,
local high-executioner of subversives,
and a small bloc of regents who lately
tried to enforce a special loyalty oath

Subversion m the Senate

AN EDITORIAL

THE EDITORS of The Saturday Review have carefully studied the
records of the Congressional hearings into the charges against Com-
munism in the State Department. As a result we have reluctantly
come to the inescapable conclusion that the chief participant must in-
evitably be a Communist. We refer to Senator McCarthy of Wisconsin.
This conclusion is based on a working definition of Communists and
secret agents as used by Senator McCarthy. We are glad to present the
documentary evidence:

First, guilt by association. For four years Senator McCarthy has be-
longed to an organization of which a well-known member has been a
prominent supporter of the policies of the Soviet Union. Moreover, Sena-
tor McCarthy has actually worked full-time for that organization. We
refer to the Congress of the United States, of which Vito Marcantonio, a
consistent Party-liner, has been a member since 1935.

Second, guilt by smokescreen. Senator McCarthy, inferentially and
otherwise, has stated that the public anti-Communist activities of such
persons as Dorothy Kenyon and Philip Jessup are ostensibly only a cover-
up for their real activities and sympathies. The greater the apparent op-
position to Communism, the greater the real affiliation. This being the
case, it is clear that Senator McCarthy's violent outbursts are merely
intended to conceal his real sympathies somewhere on the other ex-
treme. What better smokescreen than to attack the State Department of
the United States?

Third, guilt by imitation. This is the most incriminating count of all,
for it is apparent that Senator McCarthy has modeled his tactics after the
notorious Russian purge trials. All the elements of justice in a democracy
—due process of law, grand jury, presentation of direct evidence, the as-
sumption that an individual is innocent until proved guilty all these

have been spurned by the Soviet as outworn bourgeois niceties. The
Senator from Wisconsin has paid high honor to this Soviet conception
of justice in his tactics on this matter; indeed, his use of slander and
vilification under immunity bears an uncanny resemblance to the privi-
leged position enjoyed by official character assassins of the Soviet Union.
Fourth, service to the cause. The easiest way to block any reasoned,
impartial, and effective examination of subversion is through a helter-
skelter, wild-jamboree approach that obscures the real problem. In
addition, the damage to America's reputation abroad must be heartfelt
satisfaction to those who have a large stake in the defamation of the
United States. For this service to the cause the Senator is entitled to
whatever distinctions the Kremlin can bestow.

MAY 13, 1950

A^

Robert M. Hutrliins

S THE con-
troversy
over loyalty
oaths raged, Dr.
Robert M. Hut-
chins, chancel-
lor of the
University of
Chicago, a n -
nounced that
the university
senate of his in-
stitution had
approved in principle voluntary
contributions by faculty members
of 2 per cent of their salaries for
a year to assist any University of
California teacher discharged as
a result of the dispute. Dr. Hutch-
ins estimated that if all members
of his faculty participated the
fund would amount to approxi-
mately $80,000. It has been re-
ported that similar projects are
under discussion at several other
institutions, including Iowa State
College at Ames.

of their own manufacture upon all em-
ployees— seem haadly to have been
more successful. For many months the
eight campuses have been under close
watch. Net results are not impressive.
Four months ago a physics teaching
assistant was fired by the regents after
he had refused to testify before a
Congressional committee, despite pro-
test that he had never been a Party
member, plus the quaint fact that he
was among the first to sign this anti-
Communist oath. On March 31 Lieu-
tenant-Governor Knight, ex-officio re-
gent and warm friend of the special
oath, disclosed to tke press that "a
pianist in the women's gymnasium on
the Los Angeles campus" avowed that
she had registered three times as a
Communist. Liberals there are, of all
sorts and shades of home-grown indi-
vidualism, but this zealous search for
"a card-carrying Communist" — ap-
parently a very infectious type, like
Typhoid Mary — has combed through
the list of 9,000 employees with re-
sults that hardly seem to justify the
hue and cry that has swept over eight
campuses, driven a deep rift between
regents and administration and staff,
bred an atmosphere of tension and
bitterness, and roused popular sus-
picion within and beyond the state
that will be harder to lay than a le-
gion of devils.

HOW did it all start? In 1940 the re-
gents passed a resolution against
employment of Communists. At that
time a few professors felt strongly
that blanket discrimination against
membership in a lawful political party

was un.sound in theory, that every
case should bo judged separately — in
accord with an article in the state con-
stitution charging the regents to keep
the University free from sectarian and
political influences, as well as an-
other decreeing that no oath other
than the standard constitutional one
be required for state officials. This is
also the traditional stand of the
American Association of University
Professors, lately reaffirmed by it —
however noxious the name of Com-
munist today— in the belief that times
of crisis offer no excuse for expedient
compromise on principle. The majority
of the faculty, however, did not feel
powerfully moved to go to bat for the
Communists' right to teach— a right
which the latter like their masters
overseas would be the first to deny
others, as seen in the instant purge of
Prague's Charles University when the
commissars took over. Party members
in the United States might have been
honest men in 1935 but were almost
certainly dupes by the time of the
Nazi-Soviet pact and potential traitors
under the cold war. So believes the
majority of our faculty today, al-
though it respects the good faith of
the minority who would uphold at all
costs the principle of nondiscrimina-
tion against any party not outlawed.
For this in and out of season is logi-
cally the one impregnable position.

It has long been recognized in Cali-
fornia that the professors of this Uni-
versity, state employees, can justly
be required to take the customary
constitutional oath. No teacher whom
I know boggles at this oath and its
pledge of loyalty to state and nation.
Most of the present staff signed it
years ago, before or during the Second
World War.

But last summer the regents an-
nounced their decision to compel the
staff, on pain of peremptory dismissal,
to take a supplementary oath, swear-
ing besides, that "... I am not a mem-
ber of the Communist Party, or under
any oath, or a party to any agreement
that is in conflict with my obligations
under this oath." In itself, this coda
struck most teachers as a silly redun-
dancy—it having grown steadily clear-
er that no Communist can without
perjury swear allegiance to the con-
stitution. Most who had signed the
standard oath long ago were nettled
by an order under duress to swear a
kind of "deed and double deed," on-
the-honor-of-a-Boy-Scout oath. Had
any act of theirs in the meantime ren-
dered their sincerity suspect? Why
were professors singled out, alone
among state employees, for compul-
sive denial that they were neither po-
tential traitors (under dominion from
Moscow) nor manifest liars (when
they swore allegiance to their govern-

:>rthv

ment)? Were they least trustwotthy
of all, the weakest links in California's
chain of security? Or are prrtfef^ors
perhaps just second-cla.ss citizens?

IF IT be argued that we deal with
the unstable inflammable stuff of
youth, we must answer in the first
place that, in daily contact with the
young, we find them more critical,
cool-headed, even skeptical than many
of their nervous elders believe. Lots
of these lads fought in foxholes for
certain freedoms which a very small
minority of these elders would like
to see as dead as Franklm D. Roose-
velt. Moreover the purge of loyal yet
independent-minded teachers — such as
coercion is bound to cause — will weak-
en in the eyes of many students the
integrity of the "kept" remainder. Let
it also be added that most professors
have dignity and pride, while some,
and among our best, are inherently
cantankerous. Research is a highly
individual business, tending toward
self-assurance and even audacity.
Sometimes it breeds specimens so stiff-
necked that they would not take kind-
ly to a summary command to swear
that two and two make four.

Thus, last summer, felt large num-
bers of California professors. But be-
ing preoccupied and scattered far and
wide during the long vacation when
the regents abruptly presented their
oath — prior to issuance of annual con-
tracts— a majority did sign, attaching
various protests or crossing out the
postscript while reaffirming the stand-
ard oath. In the autumn they made a
collective stand challenging the prin-
ciple involved, with resolutions of
support for their hardier colleagues
who had refused to knuckle under.
The latter group numbered some of
our most distinguished professors,
from biochemists to political scien-
tists, liberals and freethinkers cheek
by jowl with high-church Republicans
and the inevitable granite of the New
England conscience. So it rested.

In February 1950 by a vote of twelve
to six — with six members absent — the
regents rejected the faculty protest
and issued a sign-or-get-out order
over a deadline of April 30. But un-
der a rising storm of dissent — from
the mass of students and many alum-
ni, as well as teachers — a spirit of con-
ciliation seemed about to bloom in
March. From the pro-oath faction
among the regents, John Francis Ney-
lan, former Hearst lawyer and one-
time "political boss of San Francisco,"
offered an apparent olive-branch in an
open letter proposing that all meet
on common ground respecting the
nonemployment of Communists. The
faculty's self - governing, body, the
Senate, unanimously rejected the spe-
(Continued on page 52)

I

10

T/ie Sa/urday Review

/

^ 1

COMMISSARS OF LOYALTY

(Continued jrorn page 10)

cial oath but in its place promptly
voted by secret ballot, 89 per cent to
11 per cent, to embrace not only the
Constitutional oath but also a con-
tractual acceptance of the regents'
policy barring Communists. Another
resolution that "proved members of
the Communist Party, by reason of
such commitment to that Party, are
not acceptable as members of the
faculty" won by 79 per cent. Neylan
quickly congratulated the faculty
upon having met the issue of "civi-
lization versus barbarism boldly and
incisively," and his pro-oath running
mate in Southern California, building-
and-loan company president and se-
nior regent Edward Dickson, called the
result "highly gratifying." But eight
days later, by a caprice well-nigh in-
credible, the regents in a ten-to-ten tie
refused to withdraw the old ultimatum,
Neylan asserting that "the agreement
proposed by the faculty has absolutely
no value. If we yield, every Commu-
nist in America will try to get on the
faculty of this University, because it
will be known that the regents have
caved in."

MANY citizens kept asking the dis-
sidents, "If you're not Reds, why
don't you sign and shut up?" But on
the other side, letters, telegrams, round
robins, declarations from many college
heads, proposals from as far away as
Oxford and Oslo to aid and harbor the
prospective displaced persons gave
heartening proof to academic solidari-
ty. Robert M. Hutchins — whose Uni-
versity of Chicago recently faced a
demand from the Illinois Legislature
to investigate whether students "are
being indoctrinated with Communistic
and other subversive theories" or else
lose its tax exemption — on behalf of
his faculty offered a voluntary 2-per-
cent deduction from salaries to sup-
port California professors in exile.
Even the writer of these lines, a hard-
ened critic of Mr. Hutchins, was deep-
ly moved. And among our own regents
we found still more effective cham-
pions. They included Governor War-
ren, who spoke out with rare personal
courage, and President Sproul, who
we strongly suspected stood under
heavy fire from two or three regents
trying to exploit this deadlock from
private animus.

In mid-April a committee of the
alumni set hard to work to effect a
compromise. Thanks to them, on the
twenty-first the regents by a vote of
twenty-one to one rescinded the spe-
cial oath---substituting an anti-Com-
munist declaration on each contract

and, still more important, guarantee-
ing that no teacher (not even a non-
signer of this declaration) would be
fired until his case had passed through
the hands of his peers, the faculty com-
mittee on privilege and tenure. Thus
was restored to the University a
measure of its traditional self-govern-
ment, although the final decision in
each case rests with the regents. How
this compromise will work cannot yet
be foretold. Its success hinges upon
good faith between faculty, adminis-
tration, and regents; its first test will
come with the review of those pro-
fessors who still refuse to bate a jot
of their independence. If after in-
vestigation faculty committee and
president certify a clean bill of health
will the regents accept without de-
mur? No guillotine, it appears, will be
set up in the shadow of the campanile,
but a good deal of star-chamber busi-
ness lies ahead.

This compromise satisfies few pro-
fessors completely but in general is
accepted as a limited victory. Yet an
atmosphere of unease remains within
the University, an abiding sense of
suspicion outside its walls. The sole
dissenting regent of the last meeting,
the banker L. M. Giannini, did noth-
ing to allay it by declaring: "I feel
sincerely that if we rescind this oath
flags will fly from the Kremlin ... I
want to organize twentieth-century
vigilantes, who will unearth Commu-
nists and Communism in all their sor-
did aspects, and I will, if necessary."

It is doubtful that even the most
naive regent believes that any loyalty
pledge, however fine its mesh, can
catch a Communist. So far as security
is concerned, a local campus saying
has run, "If you want to avoid the
oath, just go up the hill and join the
radiation lab" — since there at the cy-
clotron this test was never mentioned,
although an AEC questionnaire with-
out notarization might be regarded as
an equivalent. As for alleged back-
ground causes of the controversy,
rumor once asserted that the State
Legislature was about to impose a
still more drastic test upon the Uni-
versity, which the regents forestalled
by stepping in with theirs — something
like shooting alma mater to save her
from rape. It now appears that this
threat was imaginary. As for more re-
alistic causes, it is clear that a few
trustees on the boards of most uni-
versities are prone to regard professors
as gullibles or, perhaps still worse,
as hired men, whose virtue is obedi-
ence. Also, at a distance some con-
servatives mistake any home-grown

The Saturday Review

I

liberJil for a Communist, thus greatly
aiding the latter in the perfection of
his camouflage. Equally true is the
fact that an occasional trustee — typi-
cally a retired or almost retired busi-
nessman, with little else to occupy his
once aggressive energies — develops a
power drive, finding unconscious sat-
isfaction in imposing his will upon
rightfully self-regulating bodies, such
as a university long experienced in
screening its own membership. Many
a businessman, of course, soon ripens
into an excellent trustee; several of
our staunchest defenders in the re-
cent struggle are distinguished law-
yers and corporation executives. But
since American universities have nev-
er had that completely self-governing
principle known to British and Con-
tinental universities, it has lately been
suggested with justice that one or
more faculty representatives should
sit on the governing boards of their
own universities.

At all events, it seems a modest re-
quirement to ask that those assets of
confidence and public good will —
without which any university, even
owning an annual budget of fifty mil-
lions, is poor indeed — should not be
squandered, recklessly and fruitlessly,
by those citizens into whose hands a
great university has been given as a
public trust.

Wholesale onslaughts upon the loy-
alty of American professors have
much in common in spirit and method
with those assaults now being waged
against the State Department and its
symbols, past or present, like Secre-

tary Acheson and General Marshall.
In both cases the hysteria is generally
planted by cool calculation. It is fed
by an appetite for publicity and pow-
er, political advantage or personal
jealousy. Its sponsors seem to show
little or no respect for the facts. Their
appeal is shrewdly addressed to that
lowest form of patriotism, the patriot-
ism of fear. Under its cloak they are
able to demand, and often get, rules
and legislation of an extraordinary
and superfluous kind that bypasses a
core of wholly competent, tried, and
legal measures for encompassing the
same ends. The Mundt Bill, ignoring
such effective instruments as the Es--
pionage Act of 1917 and the Smith
Act of 1940, would create several new
and vague political crimes — like "fa-
cilitating or aiding in the establish-
ment of a totalitarian dictatorship in
the United States," blabbing secrets
to Communists, and failing to register
as a Communist. The upshot would
be akin to teachers' special oaths that
yield no practical good, ride rough-
shod over due academic process, and
raise traditional American hackles.

To believe that registrations and af-
fidavits will snare the wily Bolshevik
is to stake the safety of one's country
upon the flimsiest assumption. In
front of a concrete breakwater, shall
we string an entanglement of barbed
wire to hold back the waves?

Dixon Wecter, professor of history
at the University of California, is au-
thor of "The Age of the Great Depres-
sion," and other hooks.

FIIJ4EID IN TWO SECTIONS

unid

M

^21

27. 1950

ase, elong with three pairs ot

andcuffs and the empty cartridge

ases picked up at the death scene.

The slain officers were Under-

heriff Earl Sholes. a veteran of the

ledding Police Department, and

Deputy Sheriff Dan Heryford,

videly known Shasta county cattle

-ancher. Both were 56 years old.

lUMPED FROM BEHIND

Sholes and Heryford had been sent
Lo Seattle two days -ago to return
the young hoodlums to Redding. 250
miles north of San Francisco. |

They had completed all but 40
miles of the return trip when Sturm
and McKay attacked them.

"The car was rolling at cruising
speed," Sturm said, "and we jumped
them from behind, pushed their
heads down against the dashboard
and made them stop.

"Then we got the guns off them."

"What happened after that?"
isked Highway Patrolman William
aautsch, who helped capture them.

"We shot them right in the car,"
Sturm said.

Sholes was killed with a bullet
through his head. Heryford died
with a bullet in his heart.

The youths told officers that after
they were arrested in Seattle three
weeks ago, they put their heads to-
gether and planned to escape while
being returned to Redding.
HANDCUFFED TOGETHER

They rode, handcuffed together,
in the back seat of Heryford's car.
and waited for their chance.

Thursday night, the party stopped
at Gibson, a small town 40 miles
north of Redding, for supper.

After the supper, the car rolled
out of Gibson for the last short
stretch home. That was the mo-
ment Sturm and McKay chose for
their break.

Once they had overpowered the
deputies, they drove up a side road

es

IS

est

By KEVIN WALLACE

Henry Ford II. 32-year-old
president of a company that
came to symbolize America's
Twentieth Century growth,
told the San Francisco press

yesterday that:

1— "Substantial automobile price
cuts aren't in the foreseeable future
—but neither are price rises. "

2— "Neither are radical changes
in automobile design likely. As far
a.v our company is concerned, rear-
end engines, for example, seem im-
practical. We've researched the idea
of putting out smaller, lower priced
cars, but decided our job is to do
the best with the cars were making
. . . for instance, Mercury auto-
mobiles will be eguipped with auto-
matic transmissions in the near
future, and Ford cars will follow
suit, beginning with 1951 models."

3_"We aren't planning further
major expansion westward (to fol-
low the population growth) ; though
we have discussed putting two
shifts on our three California plants
and remodeling is about to start
at our Richmond plant (raising
output from 328 to 375 cars per
eight-hour shift)."

4— "Meanwhile, the program we
started in 1947 to buy as many parts
as possible from local manufacturers
here is working up to the goal we set
for it. This year we're buying close
to $61,000,000 worth of parts in Cali-
fornia, and next year we should hit
the goal of $75,000,000 or $80,000,000—
and I don't know where we'll go from
there . . . Chrysler and General
Motons are beginning to do the
same."^'

5 — "Plans to reconvert to war pro-
duction? Oh. we've talked to the
Government about them, but they're
only on paper."

6— "The General Motors settlc-

..4. wtt'V TT«<i4«'A<* *ii*A*vt<%K41* IVr^.l.

TheUC
Dispute

Loyalty Issue
Flares Again
As Regents Meet

By CAROLYN ANSPACHER

Eruption of the University
of California's intramural bat-
tle between regents and faculty
was threatened again yester-
day when it was disclosed at a
meeting of the board that 412
members of the university family
have refused so far to sign the new
anti-Communist contract.

It was also announced there have
been four faculty resignations on
the Berkeley campu.s.

Despite express provisions ol the
new agreement, which promi.se hear-
ings and tenure piotection to non-
signers. Regent John Francis Neylan
stormily indicated he intends to .seek
dismis.sal of nonconformists.

Neylan interrupted the quiet ot
the regents meeting by announcing
he had voted "in good faith" for
the alumni committee's plan, offered
in lieu of the controversial loyalty
oath and added he would support
it in "good faith."

"But I did not believe it was any
trap door," he boomed. "I did not
think it provided th^t anyone who
didn't care to sign the contract
could still have employment with
the university by having the matter
referred to the Committee on Privi-
lege and Tenure and by this means
reporting he is no Communist."
HILDEBRAND CRITICIZED

Neylan took violent exception to
what he termed "assaults" on the
Board of Regents by newspapers,
magazines and individuals and then
launched into a personal attack on
Dean Joel Hildebmnd of the College
of Chemistry for employing in his
department a man held to be a
"bad security risk."

Neylan identified the employee as
Carl Robert Hurley, a chemistry
research assistant, who in 1948 was
tried by a local Atomic Energy
Commission security board.

The board, with Nylan as its
chairman and Admiral Chester W.
Nimitz and General Kenyon Joyce
as members, ruled that Hurley was
"unfit" to be an employee of the
Atomic Energy Commission on the
Berkeley campus. The board's rul-
ing, Neylan said, was appealed to
the National Security Board headed
by former Supreme Court Justice
Owen Roberts and was upheld.

^Records show that Hurley was
neither accused of being a Com-
mtinist nor oi being di.«loyal.)
DAILY CAL CRITICIZED

At present both Hurley and his
wife Lucille are University em-
ployees. Mrs. Hurley holds the post
of research assistant in the home

C

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ase. along with three pairs of

andcuffs and the empty cartridge

ases picked up at the death scene.

The slain officers were Under-
heriff Earl Sholes. a veteran of the
bedding Police Department, and
Deputy Sheriff Dan Heryford,
videly known Shasta county cattle
-ancher. Both were 56 years old.
rUMPED FROM BEHIND

Sholes and Heryford had been sent
to Seattle two days ago to return
the young hoodlums to Redding, 250
miles north of San Francisco.

They had completed ail but 40
miics of the return trip when Sturm
and McKay attacked them.

"The car was rolling at cruising
speed," Sturm said, "and we jumped
them from behind, pushed their
heads down against the dashboard
and made them stop.

"Then we got the guns off them."

"What happened after that?"
isked Highway Patrolman William
3autsch, who helped capture them.

"We shot them right in the car,"
Sturm said.

Sholes was killed with a bullet
through his head. Heryford died
with a bullet in his heart.

The youths told officers that after
they were arrested in Seattle three
weeks ago, they put their heads to-|
gether and planned to escape while
being returned to Redding.
HANDCUFFED TOGETHER

They rode, handcuffed together,
in the back seat of Heryford's car,
and waited for their chance.

Thursday night, the party stopped
at Gibson, a small town 40 miles
north of Redding, for supper.

After the supper, the car rolled

out of Gibson for the last short

stretch home. That was the ti'.o-

ment Sturm and McKay chose for

i their break.

Once they had overpowered the
deputies, they drove up a side road

es

IS

est

By KEVIN WALLACE

Henry Ford II, 32-year-old
president of a company that
came to symbolize America's
Twentieth Century growth,
told the San Francisco press
yesterday that:

1 — "Substantial automobile price
cuts aren't in the foreseeable future
— but neither are price rises."

2 — "Neither are radical changes
in automobile design likely. As far
as our company is concerned, rear-
end engines, for example, seem im-
practical. We've researched the idea
of putting out smaller, lower priced
cars, but decided our job is to do
the best with the cars we're making
... for instance. Mercury auto-
mobiles will be eguipped with auto-
matic transmissions in the near
futuie, and Ford cars will follow
suit, beginning with 1951 models."
3 — "We aren't planning further
major expansion westward (to fol-
low the population growth) ; though
we have discussed putting two
shifts on our three California plants
and remodeling is about to start
at our Richmond plant (raising
output from 328 to 375 cars per
eight-hour shift) ."

4— "Meanwhile, the program we
started in 1947 to buy as many parts
as possible from local manufacturers
here is working up to the goal we set
for it. This year we're buying clase
to $61,000,000 worth of parts in Cali-
fornia, and next year we should hit
the goal of $75,000,000 or $80,000,000—
and I don't know where we'll go from
there . . . Chrysler and General
Motors are beginning to do the
same."^'

5— "Plans to reconvert to war pro-
duction? Oh, we've talked to the
Government about them, but they're
only on paper."
6— "The General Motors settle-

— J*U TT»

<**>^ A iitnvm/NViilM l»f»

hicjfeb /Again
As Regents Meet

By CAROLYN ANSPACHER

Eruption of the University
of California's intramural bat-
tle between regents and faculty
I was threatened again yester-
day when it was disclosed at a
meeting of the board that 412
members of the university family
have refused so far to sign the new
anti-Communist contract.

It was also announced there have
been four faculty resignations on
the Berkeley campus.

Despite express provisions of the
new agreement, which promi.se hear-
ings and tenure protection to non-
.signers. Regent John Francis Neyla.n
stormily indicated he intends to seek
dismissal of nonconformists.

Neylan interrupted the quiet ot
the regents meeting by announcing
he had voted "in good faith" for
the alumni committee's plan, offered
in lieu of the controversial loyalty
oath and added he would support
it in "good faith."

"But I did not believe it was any
trap door." he boomed. "I did not
think it provided 'thifit anyone who
didn't care to sign the contract
could still have employment with
the university by having the matter
referred to the Committee on Privi-
lege and Tenure and by this means
reporting he is no Communist.''
HILDEBR.\ND CRITICIZED

Neylan took violent exception to
what he termed "assaults" on the
Board of Regents by newspapers,
magazines and individuals and then
launched into a personal attack on
Dean Joel Hildebmnd of the College
of Chemistry for employing in his
department a man held to be a
"bad security risk."

Neylan identified the employee as
Carl Robert Hurley, a chemistry
research assistant, who in 1948 was
tried by a local Atomic Energy
Commission security board.

The board, with Nylan as its
chairman and Admiral Chester W.
Nimitz and General Kenyon Joyce
as members, ruled that Hurley was
"unfit" to be an employee of the
Atomic Energy Commission on the
Berkeley campus. The board's rul-
ing, Neylan said, was appealed to
the National Security Board headed
by former Supreme Court Justice
Owen Roberts and was upheld.

(Records show that Hurley was
neither accused of being a Com-
mtinl.st nor of being di.'-loyal.)
DAILY CAL CRITICIZED

At present both Hurley and his
wife Lucille are University em-
ployees. Mrs. Hurley holds the post
of research assistant in the home
economics department.

Neylan charged that Hildebrand
had full knowledge of Hurley's rec-
ord and that he had been separated
from restricted work.

"And/ this gentleman, this Mr.
Deani||[ildebrand," he boomed, "is
the nmn who is telling the public
that the regents are incompetent
and inefficient and that the faculty
would not stand for a loyalty oath."
Neylan's broadside was directed
also against the Daily Californian,
student publication at the Univer-
sity of California; the University
N^ws Bureau, the Saturday Review
of Literature for "prlnttng a hodge-
podge of libel, innuendo and slan-
der" and against Dr. Lynn Town-
send White Jr., Mills College presi-
dent, who, Neylan said, was "so
generous with his advice in the be-
ginning," and whose advice he said
he "didn't want."
The "smear campaign" against
Continued on Page 2, Col. 4

Collier Offers

^^ ^^ Plan Revision

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! Berkeley, The friend allegedly was
a Communist.

Hurley said he denied all charges
before the loyalty board.

"1 understood at that Ume," Hur-
ley said, "that the charges and find-
ings were to be secret. I find that
IS not the case." He then charged
Neylan with "unethical ' conduct in
revealing the board's findings. He

ic^^^v,. to searciich maue m «...,-.-.

More About UC Regents
And the Loyalty Dispute

Continued from Pag^e 1

the regents, he said, not alone
damaged the university but en-

Hurley said he worked for the
Atomic Energy Commission at Col-
umbia University during 1944 and
1945. Later he spent a year at Los

Communist contract, to continue in
their defiance.

SIGNING STATISTICS

Neyland's harrangue was inter-

Alamos and came to Berkeley as Ixl^ ^'^"^ ^^ Governor Earl

an AEC employee in September J ^r^"/ ^l!^"""'^" ^^ the Board of
1946. - ' f^esents. It surged again, however.

out to the entire group asking
whether university records are in-
complete or inaccurate and asking,
too, that reciepients communicate
with the president's office within
ten days.

"I expect many more will qualify,"
said Mallory.
The university's current secre

1946.

Neylan used the Hurley case to
attack Dean Joel Hildebrand oi the
College of Chemistry, who, Neylan
said, retained Hurley.

At the college. Professor Wendell
M. Latimer assumed full responoi-
bility in the case. Latimer, who was
dean until the current year, ap-

,.,,«f 1 r --"-""""- "«-^ iiiucr- -i"^ uiiivciMLys current secre-
lupted briefly by Governor Earl tarial problems came to light with
Waren, chairman of thP Roovh .f announcement that because of gen-

after George B. Mallory, assistant
secretary of the board gave the
figures on the number of university
faculty employees who have signed
the new contract.

Mallory said that 9929 contract-
ual letters were mailed last month.
The total number of faculty mem-
bers who signed the old loyalty oa.h

;:T.eVrr-v„v .net ™,es ^w'^ELrnurje^" frZ!

lory said.

Non-signers so far of the -new
contract, Mallory went on, number
412, of whom 94 gre members of the
Academic Senate and thus ranking
professors. Of this number, however.
14 are visiting professors

about security risks, which naturally
include guilt by association.' Lati-
mer said, "but such associations do
not mean a man is disloyal nor dis-
quahfy him for a job."

"Hurley is an excellent student
and ready to take a permanent job "
Latimer added. "He has all kinds
of excellent recommendations, as a
student and as an American. But
this kind of thlng-who can tell
what will happen?"

Statehood Vote

WASHINGTON. May 26 (JP)—The
Senate Interior Committee agreed
unanimously today to vote on the
Alaska and Hawaii statehood bills

the week of June 12 i • ,, = — "v,..-|wi^iiiucio wnu na

1 oune li. .signers. He said letters have gone the new contrarf
•""• •"•"'"• •"Hiiiniiumiiuuuiiiii..uaiuii s^neiine new contract.

eralities of the new agreement, more
than 20,000 university employees
will have to be put under contract.
Thousands of these are part-time
employees — union-labor printing
plant pressmen, student readers,
gardeners, part-time lecturers in the
extension division and the like.

For all of these, it was revealed,
biographical data will have to be
obtained and all incorporated under
the newly implemented university
anti-Communist policy.

Present at yesterday's meeting
were 17 of the university's Regents:
Governor Warren, President Robert
Gordon Sproul, Brodie E. Ahlport,
Sidney Ehrman, Farnham Griffiths,'
Cornelius J. Haggerty, Edward m'.
Hale. Victor H. Haisen. Edward H.

Of the ArnriPmir c^^^o*-. ' "'''"^ "' "aisen. Edward H.

signers 42 ^r.f^n ^T "°": Holler, Fred Moyer Jordan. William
whor'4 are vis^rs'^anr?;'' ^T' ^^^^^ant, Neylan. Admiral Ches-

2:SJe ZZTsVlV^ o^ei^^Vtm'psr^^^-N"^^^^^'
ir « „4o4*«> ""-^jrcoy £,. bimpson. Dr. Norman

is a visitor

Four instructors have failed to
sign and 133 non-Senate academic
employees.

Mallory emphasized however, that
clerical errors may have been maie
and his office is checking the non-

Sprague and Jesse Steinhart.

At the next meeting of the board,
to be held in Los Angeles June 23.
Sproul will present the reports com-
piled by the Committee on Privilege
and Tenure on all those faculty
members who have failed to sign

/"•S o

Security

/

848

ter
sta
ide
he

k.
le
•h
le
)f
e

Editor— On May 25 the N. Y.
Times published a letter entitled
"Danger to Our Rights," signed
by seven distinguished citizens.
There has long been rieed for such
a statement, and we would like to
express our hearty agreement with
it, as well as to make explicit our
own convictions.

The dominant fact about Amer-
ica today is our search for secur-
ity in a world that seems to hold
little but threats. That these
threats are genuine seems to us
without question. But it is time
for us to recognize that there are
dangers in addition to those com-
ing from the Soviet Union, which,
in fact, arise from the ways by
which we are seeking to protect
ourselves.

The Committee for Economic
Development has recently warned
that security measures, uncurbed
by the requirements of freedom,
can undermine our free institu-
tions. And Justice Jackson has
bluntly reminded us that "secur-
ity is like liberty, in that many
are the crimes committed in its .
name." Certainly two basic rights
of Americans now seem more se-
riously challenged than at any
time in the past 150 years— i. c.,
the right of dissent and the right
to a fair trial. We are deter-
mined to be secure, but can we at
the same time keep our tradi-
tional American liberties?

There have been many Incidents
in the past two years which have
caused us to question whether
trial by press, conviction by
slander and guilt by association
are necessary prices of national
security. But the events of this
last spring have convinced many
that this is precisely the price we
are paying.

When a man of the stature of
Professor Jessup can be irrespon-
sibly slandered, there seems little
left of the things which we in the
Anglo-Saxon tradition have val-
ued. Senator Margaret Chase
Smith spoke clearly and cour-
ageously when she said that the
Senate "has too often been de-
based to a level of a forum of
hate and character assassination
sheltered by the shield of con-
gressional immunity. "Professor
Jessup was charged with the
most serious crime a citizen can
commit. Yet he does not know
and cannot find out the evidence
on which the charge was made.
Trial by jury with ordinary legal
safeguards was out. Guilt was
assumed without the possibility
of establishing innocence, and
libel was legalized under the cloak
of patriotism.

We have suggested that in the
search for security we were los-
ing our rights, but it is high time
that we went on to ask whether
we are even gaining security.

The present procedure drives
good men from Government em-
ploy at a time when we need the
best there are. It creates a feel-
ing of panic at a time when sense

and sanity are needed. It weak-
ens our representatives abroad
and puts enormous propaganda
power in the hands of the Rus-
sians. No one questions but that
the latter fish in troubled waters,
but it does seem stupid to fur-
nish them with the bait. The
Kremlin must be watching our
loss of confidence in our leadeis
and our institutions, and the
breakdown of our morale with
gratitude and glee.

Furthermore, this kind of pro-
cedure does not even do the spe-
cific job of locating possible sub-
versives. Former Secretary of
State Henry Stimson recently
pointed out that indiscriminate
accusations are doubly offensive,
since they not only damage the
innocent but also protect the
guilty. The price of security is
too high when it destroys the
very things we would preserve; it
is intolerable when it does not
even bring security.

It is hard to believe that we
are the weaker because we still
believe in our Bill of Rights. Years
ago we repudiated the slogan
"Peace at any price"— in part be-
cause we discovered it did not
even bring peace. So, too, with
security at any price, it will mean
the destruction even of our se-
curity. We are not likely to pre-
serve our Uberty by sacrificing it.
JOHN B. CONDLIFFE, MON-
ROE DEUTSCH. HAROLD
FTSHER, MARTHA GER-
BODE, EMMA MCLAUGHLIN,
PAUL LEONARD, PETER
ODEGARD, EASTON ROTH-
WELL. LAURENCE SEARS,
CARL SPAETH, LYNN T.
WHITE JR.
Oakland.

Post Office

Editor— Re Nell Gordon's recent
letter concerning the Post Office
in England: Probably the reason
for the service there functioning
on a paying basis is that both the
internal telegraph system and all
telephones are owned and oper-
ated by the Post Office.

The addition to income will, no
doubt be the real reason for its
success as a business enterprise.
I am not in favor of state control,
but it seems more practical that
all methods of communication like
this should be centralized.

Regarding the outcry against
reduced mail deliveries: England,
50 much smaller in area and
population, can render a better
service . . .

The U. S. Post Office could
learn much from its English
cousin in the supply of sidewalk
telephone booths (painted red so
you can see one in a hurry) on
each block, considerably more
local sub post offices and their own
stamp-vending machines where
one does not have to pay extra for
the privilege of using them.

PETER O. MEW.

San Francisco.

A BOOKMAN'S NOTEBOOK

Some More on Travel

— -* - -.1 J

Fm4ED IN TOO SBCTHONS

md$to €hitumd

A Only Home-Owned Newspaper v-/

COMPARATIVE TEMPERATURES

For

Friday, |un* 23, 1950

T

Low

"s'f

Low

^

San Francisco

50 New York

61

1^

Oakland

65

53 Chicago

90

74

K

Sacramento

79

53 Kansas City

90

76

[^

Los Angeles

69

58 Miami

86

80

L/

Seattle

63

48 New Orleans

93

73

▼

Portland

60

50 Washington

84

67

Forecast

for Today: FAIR

(ForDPtalls, See Page 1\

CCCAAB

SAN FRANCISCO. SATURDAY. JUNE 24. 1950

CA 1-1 112 DAILY 7 CENTS, SUNDAY 1 5 CENTS

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Hormone
Treatment

Undeveloped
Youths Brought
Up to Normal

By MILTON SILVERMAN
Science Writer, The Chronicle

Striking success in increasing
the height, weight and sexual
maturity of undeveloped youths
was announced here yesterday
by two University of California

scientists.

The patients were given daily tab-
lets of a synthetic male sex hormone
—methyl testosterone.

In some cases, the treatment pro-
duced as much as a seven-inch gain
in height and a 30-pound increase
in weight during the first year.

The results on a group of 56 boys
and young adults were presented by
Drs. Hans Li.sser and Gilbert Gor-
dan before the Association for the
Study of Internal Secretions.

GROWTH HORMONES

Other high lights of yesterday's
medical meetings in San Francisco
were these:

1 — A hormone which can stimu-
late the growth of tissue without af-
fecting se» development in women
was described to the hormone group.

2— A team of New York workers
reported a series of new, ultra-
potent compounds for the treatment
of thyroid disease.

3 — The discovery of a new blood
pressure substance in the bodies of
high-blood-pressure victims was an-
nounced before a meeting of heart
specialists.

4 — Berkeley scientists reported on
the prevention of heart disease by
means of diet.

5_New drugs were announced for
the treatment of angina pectoris,
coronary artery disease and other
heart ailments.

6 — Claims for the prevention or
cure ol the common cold by anti-
histamine pills were debunked again.

FIRST LARGE GROUP

In their report on the use of
methyl testosterone, Drs. Lisser and
Gordan emphasized they had not
originated the treatment. Other
workers in Montreal and Oklahoma
had previously used the hormone on
small groups of immature patients.

But. the Californlans said, the
present group of 56 boys Is the first
large group ever to be studied.

Most of the patients in this group
were between the ages of 14 and 19.

TT"

.11 ..W^.f *r

tViaIr

Formosa Policy
Unchanged,
Acheson Says

WASHINGTON, June 23 (/P)
— Secretary of State Dean
Acheson declared today that
United States policy which bars
military aid to the Chinese
Nationalists on Formosa re-
mains unchanged. But he did
not rule out the possibility of
a future change.

As a result of the Tokyo
meetings of General Douglas
MacArthur, John Foster Dulles
and Secretary Louis Johnson
and of Far Eastern policy re-
views underway here, it has
been reported a top-level re-
consideration of the no-aid
attitude to Formosa appears
almost certain.

Acheson was reminded of
this sp>eculation at his news
conference and was asked
whether the statement of
American attitude made by
President Truman on January
5 still .stands. He replied that
it does. The President said
that the United States did not
intend to use its armed forces
to intervene in the conflict
between Chiang Kai-shek and
the Con>munists nor would it
provide military aid or advice
to Chiang.

Fiery Sky
Phenomena

Flash, Smoke Trail
Seen on Gulf Coast
For 1000 Miles

By the Associated Press

NEW ORLEANS, June 23—
A bright flash and a trail of
smoke were seen in the sky
over the Gulf Coast tonight.
Forecaster E. A. Aime of the

New Orleans Weather Bureau
said it "looked like a meteor,"

The meteor, if that's what it was,
was seen for more than a thousand
miles.

Other observers thought it was
the reflection of the sun's last red
and gold rays on a vapor trail. But
there were elements of doubt In
both beliefs.

"It looked like something that
came from outside our atmosphere
(which extends about 75 miles) and
burned up in our atmosphere," Aime
said.

"It was the most brilliant and the

brightest tnet*nr---if it, wwj! « mpt,#Or

Bank Sale
Blocked

U.S. Balks Deal
By B. of A. for
22 Institutions

The U. S. Court of Appeals!
for the Ninth Circuit here yes-
terday issued a temporary or-
der restraining Bank of Amer-
ica from acquiring 22 Cali-
fornia banks with combined
deposits of more than $150,000,000,
from Transamerica Corporation.

The order was issued on a peti-
tion by Federal Reserve Board.
Transamerica also was named as
a party in the action.

Just a few hours earlier Bank
of America had announced that
by Monday it would acquire the
a.s.sets and business of the Trans-
am erica -owned banks for about
$18,000,000.

The Federal Reserve Board peti-
tion charged that such acquisition
would defeat efforts of the Board
and the U. S. Court of Appeals
to enforce the antimonopoly pro-
visions of the Clayton Act.

The Board recently recessed until
July 17 a Clayton Act proceeding
against Transamerica, and one
issue of that case is whether Trans-
america should be required to dis-
pose of the banks now proposed
to be taken over by Bank of Amer-
ica.

BOARD CRITICIZED

Sam H. Husbands, president of
Transamerica, criticized the Board's
court action as "a characteristic
maneuver," taken "without notice
of opportunity for hearing."

"The transaction was expressly
approved both by the Comptroller
of the Currency and the Superin-
tendent of Banks for California,
who have exclusive jurisdiction to
act on such matters." he said.

"The Board has no legal right
to intervene as we are confident
the court will determine when the
matter is presented."

Under the order, Transamerica
and Bank of America are directed to
answer the Board's petition by June
27. The case has been set for argu-
ment at 2 p. m. June 28.

The Federal Reserve Board
brought its "monopoly tendency"
proceeding against Transamerica
Corp, under the Clayton Act in
1948. It has contended Transamer
lea and Bank of America are, in
effect, "one and the same."

UC Loyalty Contracts

157 Nonsigners Fired by
Regents; Action Postponed
On 62 Holdout Professors

Sproul Upholds Recommendations
Of the Faculty Committees;
Most Decisions Put Over to July 21

By RUTH NEWHALL

Chronicle Staff Writer

LOS ANGELES, June 23— Action on the cases of 62
University of California professors who failed to sign a con-
tract containing an anti-Communist clause was postponed
today by the University's Board of Regents.

The regents did follow the recommendation of President
Robert Gordon Sproul and faculty committees to dismiss 157
lower-ranking academic and nonacademic people who had

failed to apply for hearings. ^^^

The .stormy three-hour meeting ati~
the UCLA campus was attended ''y Cji^|i^ I^Afnf*
about 70 student and faculty mem-k^ldlC B^W JJi •
bers packed in at one end of a ' _ - ■■ • I

large room LOValtV FlleS

In presenting the recommenda- «— "«»'7**-»/ » --'w*»

Too 'Unfinished*
To Decide Charges,
Says Senator Lodge

By the Associated Press \

WASHINGTON, June 23—
Senator Henry Cabot Lodge
(Rep-Mass.) said today that
State Department loyalty files
[on 81 persons accused by Sena-

tions of the faculty committees to
tne regents, President Sproul up-
held the committees' recommenda-
tions, adding:

"If the advice of the committees
."^hould be flouted, the effect on the
university as a whole would be
disastrous."

DELAY TO JULY 21

The Board of Regents put over

decisions on most cases until July

21.

The faculty committees had rec-i t«c««v. Twror^^^v,,, /t?««

, . .. . ^u.^ «r«oi tor losepn McCarthy (Kep

cmmended, accordmg to the presi- 1 j t' ' v '

dents report:

1— That 157 out of 256 employees
who had failed to sign the new
contract or appear for hearings not
be re-employed when their con-
tracts are up on June 30. (It was
understood that most of these were
employees who had not sought re-
employment. This group, the presi-
dent said, included no faculty
members. The regents approved
this recommendation.)

2— That six teaching fellows who
would not answer committee ques-
tions in the hearings likewise be
not reappointed after June 30. (Put
over by the regents until July 21. >

3— That the 62 academic Senate
members who had gone through
committee hearings be reappointed,
as recommended by the commmit-
tee. (Put over by the regents until
July 21.)

4 — That X^ lower-rank employees,

Wis.) are too "unfinished" to settle
the issue.

By saying .so Lodge contradicted
Senator Millard Tydings (Dem-Md.)
chairman of a Senate committee
investigating McCarthy's charges
that the Department is a Com-
munist haven. Tydings contends the
committee's study of the files will
show a complete "true or false"
picture. Lodge is a member of the
five -man investigating: group.

In another phase of the investi-
gation of McCarthy's attack on the
State Department and its officials,
the committee tried today to pry
loose from the Justice Department
a record concerning John S. Serv-
ice, Far East diplomat accused by
McCarthy as pro-Communist.
SERVICE-JAFFA TRANSCRIPT

It purports to be the transcript
of a 1945 conversation between
Service and Philip Jaffe. Amerasia
magazine editor. A Republican in-
vestigator said he had received tes-

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Up to Normal

By MILTON SILVERMAN

Science Writer, The Chronicle

Striking success in increasing
the height, weight and sexual
maturity of undeveloped youths
was announced here yesterday
by two University of California

scientists.

The patients were given daily tab-
lets of a synthetic male sex hormone
—methyl testosterone.

In some cases, the treatment pro-
duced as much as a seven-inch gain
in height and a 30-pound increase
in weight during the first year.
I The results on a group of 56 boys
land young adults were presented by
Drs. Hans Lisser and Gilbert Gor-
dan before the Association for the
Study of Internal Secretions.

GROWTH HORMONES

Other high lights of yesterday's
medical meetings in San Francisco
were these:

1 — A hormone which can stimu-
late the growth of tissue without af-
fecting se» development in women
was described to the hormone group.

2— A team of New York workers
reported a series of new, ultra-
potent compounds for the treatment
of thyroid disease.

3 — The discovery of a new blood
pressure substance in the bodies of
high-blood-pressure victims was an-
nounced before a meeting of heart
specialists.

4— Berkeley scientists reported on
the prevention of heart disease by
means of diet.

5 — New drugs were announced for
the treatment of angina pectoris
coronary artery disease and other
heart ailments.

6 — Claims for the prevention or
cure ot the common cold by anti-
histamine pills were debunked again

FIRST LARGE GROUP

In their report on the use of
methyl testosterone, Drs. Lisser and
Gordan emphasized they had not
originated the treatment. Other
woikess in Montreal and Oklahoma
had previously used the hormone on
small groups of immature patients

But. the Californians said, the
present group of 56 boys is the first
large group ever to be studied

Most of the patients in this group
were between the ages of 14 and 19.

"They were all short for their
age." the doctors said, "and many
of them were the shortest in their
classrooms. Most were also under
weight, and all of them were more
or loss sexually retarded."

While many of their classmates
had already passed through the
changes of puberty, these boys still
had high voices, beardless faces
and immature sex development.
INFERIORITY COMPLEX

"Consequently," it was reported,
"many of them were suffering from
an inferiority complex. They
avoided the company of other boys.

Continued on Page 3, Col. 2

Britain Unveils
Big New Plane

LONDON. June 23 (-^—Britain
unveiled its newest and biggest mili-
tary transport plane today — the
GAL 60.

Few details were released. Among
those kept secret were its range
and the number of troops it could
carry. The four-engined plane has
a wing .span of 162 feet, is 99 feet
long and stands 33 feet high. This
is considerably smaller than the
biggest U. S. military air transport,
the XC-99, a transport version of the
B-36 bomber. The American plane
has a wing span of 230 feet, is 182
feet long and stands 57 feet hight

alU

iiic v^jimcac

Nationalists on Formosa re-
mains unchanged. But he did
not rule out the po.ssibility of
a future change.

As a result of the Tokyo
meetings of General Douglas
MacArthur, John Foster Dulles
and Secretary Louis Johnson
and of Far Ea.stcrn policy re-
views underway here, it has
been reported a top-level re-
consideration of the no-aid
attitude to Formosa appears
almost certain.

Acheson was reminded of
this speculation at his news
conference and was asked
whether the .statement of
American attitude made by
President Truman on January
5 still stands. He replied that
it does. The President said
that the United States did not
intend to use its armed forces
to intervene in the conflict
between Chiang Kai-shek and
the Con:>munists nor would It
provide military aid or advice
to Chiang.

Fiery Sky
Phenomena

Flash, Smoke Trail
Seen on Gulf Coast
For 1000 Miles

By the Associated Press

NEW ORLEANS, June 23—
A bright flash and a trail of
smoke were seen in the sky
over the Gulf Coast tonight.
Forecaster E. A. Aime of the

New Orleans Weather Bureau

said it "looked like a meteor."

The meteor, if that's what it was,
was seen for more than a thousand
miles.

Other observers thought it was
the reflection of the sun's last red
and gold rays on a vapor trail. But
there were elements of doubt in
both beliefs.

"It looked like something that
came from outside our atmosphere
(which extends about 75 miles) and
burned up in our atmosphere," Aime
said.

"It was the most brilliant and the
brightest meteor — if it was a meteor
— I've ever seen. It looked like a sky
rocket. Unlike most meteors I have
seen, it left a trail 6t smoke. It
happened shortly after sundown.
The sun's rays were below the
horizon. Possibly they illuminated
the smoke trail. The smoke trail was
visible for about 15 minytes after
the bright flash."

SIGHTED AT SEA

The Galveston, Texas Weather
Bureau reported a ship 350 miles at
sea reported seeing the flash.

At Fort Worth. Sergeant L. W.
Matthews of Carswell Air Base said
that at 7:40 p. m. (CST) a V^Rht
green streak flashed acro.ss the
south and east "toward Handley
(a community on the eastern edge
of Fort Worth) but a lot farther
away than that."

At the same time, the sun's rays
on the vapor trail of a high-flying
B-36 gave the illusion of a slowly
traveling cpmet over Fort Worth.

But Matthews .said the green
streak was no vapwr trail. He said
it was traveling too fast. Others in
the Fort Worth area reported seeing
the green streak and the B-36 trail
as separate phenomena.

At Lafayette, La., Roy Ellerbe of
the Civil Aeronautics Bureau esti-
mated the fire at an altitude of
40,000 feet.

JET PLANE LANDS

Most of the reports of fiery

I V^l

22 Institutions '

The U. S. Court of Appeals
for the Ninth Circuit here yes-
terday issued a temporary or-
der restraining Bank of Amer-
ica from acquiring 22 Cali-
fornia banks with combined
deposits of more than $150,000,000,
from Transamerica Corporation.

The order was issued on a peti-
tion by Federal Reserve Board.
Transamerica also wfius named as
a party in the action.

Just a few hours earlier Bank
of America had announced that
by Monday it would acquire the
a.s.sets and business of the Trans-
am erica -owned banks for about
$18,000,000.

The Federal Reserve Board peti-
tion charged that such acquisition
would defeat efforts of the Board
and the U. S. Court of Appeals
to enforce the antimonopoly pro
visions of the Clayton Act.

The Board recently recessed until
July 17 a Clayton Act proceeding
against Transamerica, and one
issue of that case is whether Trans-
america should be required to dis-
pose of the banks now proposed
to be taken over by Bank of Amer-
ica.

BOARD CRITICIZED ^

Sam H. Husbands, president of
Transamerica, criticized the Board's
court action as "a characteristic
maneuver," taken 'without notice
of opportunity for hearing."

"The transaction was expre.ssly
approved both by the Comptroller
of the Currency and the Superin-
tendent of Banks for California,
who have exclusive jurLsdiction to
act on such matters." he said.

"The Board has no legal right
to intervene as we are confident
the court will determine when the
matter is presented."

Under the order, Transamerica
and Bank of America are directed to
answer the Board's petition by June
27. The case has been set for argu-
ment at 2 p. m. June 28.

The Federal Reserve Board
brought its "monopoly tendency"
proceeding against Transamerica
Corp. under the Clayton Act in
1948. It has contended Transamer-
ica and Bank of America are, in
effect, "one and the same."

Board counsel J. Leonard Town
send has maintained during the
hearing that the Board has no case
if this is not so. Hence, he said
yesterday that if the Clayton Act
proceedings should be decided
against Transamerica, then the an-
nounced acquisition by Bank of
America would effectively nullify
the finding.

550 BRANCHES

L. M. Giannini, president of Bank
of America, in his earlier announce-
ment of the acquisition of the 22
banks, said those offices would be-
come part of the bank. They would
bring to more than 550 the branches
in the world's largest bank.

Giannini said the Comptroller ot
the Currency had approved an in-
crease of $71,000,000 in Bank of
America's capitalization, effective

Continued on Page 6, Col 3

Dairy Strikers
Vote Down Offer

PITTSBURGH, June 23 (U.R)—
Striking dairy workers tonight re-
jected a proposed settlement of their
15-day strike.

A jammed mass meeting voted
down an offer of the Greater Pitts-
burgh Milk Dealers Assn., which
represents 67 dairies in the Pitts-
burgh area.

fl w.

I i<L^iuuui I iuic;ddui d

Sproul Upholds Recommendations
Of the Faculty Committees;
Most Decisions Put Over to July 21

By RUTH NEWHALL

rhronicle Staff Writer

LOS ANGELES, June 23— Action on the cases of 62
University of California professors who failed to sign a con-
tract containing an anti-Communist clause was postponed
today by the University's Board of Regents.

The regents did follow the recommendation of President
Robert Gordon Sproul and faculty committees to dismiss 157
lower-ranking academic and nonacademic people who had
failed to apply for hearings.

The stormy three-hour meeting at
the UCLA campus was attended by
about 70 student and faculty mem-
bers packed in at one end of a
large room.

In presenting the recommenda-
tions of the faculty committees to
tne regents, President Sproul up-
held the committees' recommenda-
tions, adding:

"If the advice of the committees
Fhould be flouted, the effect on the
university as a whole would be
disastrous."

DELAY TO JULY 21

The Board of Regents put over
decisions on most cases until July
21.

The faculty committees had rec-
ommended, according to the presi-
dent's report:

1— That 157 out of 256 employees
who had failed to sign the new
contract or appear for hearings not
be re-employed when their con-
tracts are up on June 30. (It was
understood that most of these were
employees who had not sought re-
employment. This group, the presi-
dent said, included no faculty
members. The regents approved
this recommendation.)

2 — That six teaching fellows wha
v.ould not answer committee ques-
tions in the hearings likewise be
not reappointed after June 30. (Put
over by the regents until July 21.>

3 — That the 62 academic Senate
members who had gone througii
committee hearings be reappointed,
as recommended by the commmit-
t2e. (Put over by the regents until
.luly 21.)

4 — That II lower-rank employees,
whose objections to the signmg were
on religious grounds, be rehired.
(Put over until July 21.) A new
contract wording was suggested to
be adopted to such cases.

5 — That no actiorj be taken m
the case of 18 lower-rank employees
whose appointments were auto-
matically expiring or in the case of
two professors absent on leave.

The Regents moved to keep all
names confidential.

WARREN PRESIDES

The importance of today's meet-
ing was indicated not only by the
crowds, but by the lact that Gover-
nor Earl Warren flew from the Gov-
ernors" meeting m the East to
preside. Nineteen of the 24 regents

Continued on Page 2, Col. 4

Drought Hurts
Communist China

HONG KONG. June 23 (/P)— A
severe new drought appears to be
drying up much of Communist
China.

Private reports from inside Red

territory say most areas south of the

Yangtze river are affected, with the

"rice bowl" province of Hunan being

' among the hardest hit. The Com-

' munlsts themselves admit a drought

' but say it affects only the Southern

j province of Kwangtung.

State Dept.
Loyalty Files

Too 'Unfinished*
To Decide Charges,
Says Senator Lodge

By the Associated Press \

WASHINGTON, June 23—
Senator Henry Cabot Lodge
(Rep-Mass.) said today that
State Department loyalty files
on 81 persons accused by Sena-
tor Joseph McCarthy (Rep-
Wis.) are too "unfinished" to settle
the issue.

By saying so Lodge contradicted
Senator Millard Tydings (Dem-Md.)
chairman of a Sena&e committee
investigating McCarthy's charges
that the Department is a Com-
munist haven. Tydings contends the
committee's study of the files will
show a complete "true or false'
picture. Lodge is a member of the
five -man investigating group.

In another phase of the investi-
gation of McCarthy's attack on the
State Department and its officials,
the committee tried today to pry
loose from the Justice Department
a record concerning John S. Serv-
ice, Far East diplomat accused by
McCarthy as pro-Communist.
SERVICE-JAFFA TRANSCRIPT

It purports to be the transcript
of a 1945 conversation between
Service and Philip Jaffe. Amerasia
magazine editor. A Republican in-
vestigator said he had received tes-
timony that Service transmitted
military secrets to Jaffe. Service
testified he never knowingly did so;
that he had no such secrets to
impart.

The committee put off questioning
Service about it until Monday m
closed session. By that time. Ty-
dings said, he hopes the department
will turn over the transcript. A Gov-
ernment ofticial said it was against
department policy to make public
such information, but that the com-
mittee request is being reconsidered.

Service and Jaffee along with
four others were arrested in the
controversial Amerasia case on June
6. 1945. This followed Federal raids
on the Amerasia magazine offices
in New York which disclosed hun-
dreds of Government documents.
Service was cleared. Jaffe was fined
for illegal removal of Government
papers.
PROSECUTION STUDIED

The Amerasia case is being in-
vestigated by the committee to de-
termine whether the prosecution
was diligent enough.

Lodge, speaking in answer to re-
porters' questions after today's hear-
ing, said concerning the files, which
the committee expects to finish ex-
amining this week end:

"Having read a cross section of

Continued on Page 2, Col. 1

wiiube iiewesi liim is Anna Magnams 'Volcano" . . . He's William
Dieterle.

i^ i^ i^

LOCATION: "Kiss Me, Kate," the musical at the Century Thea-
ter, is distributing heavy dividends to its backers. The gross still is
high, despite the long run — and despite the fact that the theater
is at 59th street . . . The Century was opened as the Jolson Theater,
and Al Jolson appeared there in "Bombo." Although the notices were
good, and the Jolson name was a draw, "Bomho" did disappointing
business . . . Jolson believed that this was because theater-goers were
reluctant to travel so far uptown. He finally moved "Bombo" to 44th
street., where the musical languished and then closed. But the show
whicli replaced "Bonibo" at the Jolson Theater ran longer than
"Bombo" did. although its cast consisted of unknowns. The show still
Is being performed in America — "The Student Prince.*'

1^ 1^ 1^
MAKE-UP: Harold J. Kennedy, the playwright-actor-lecturer
who produced the shows at the Princeton Playhouse, has an elab-
orate make-up kit which he obtained from Eddie Senz before the
war. When Kennedy appeared last, in a play with Phihp Coolidge,
they were visited by Tom Ewell — who watched Kennedy applying
the unusual and heavy make-up: Kennedy first applied heavy gold
paint around his eyes, touched up his hair, then spent two more
hours applying more make-up to his face . . . Ewell then went to
Coolidge's dressing room, and heard him lament that he had no
make-up at all. 'You don't need any. Phil." Ewell told him. "All
you have to do is just brush by Harold Kennedy as you go on-stage."

-^ i:^ ^

CELEBRATION: This week Albert Lasker and his wife, the
former Mary Reinhardt, celebrate their tenth wedding anniversary.
They were married by a N. Y. Supreme Court Justice in a surprise
ceremony. This is how their friends learned of the marriage: On
their way to the Judge's chambers the bride-to-be phoned a friend,
who wasn't in. "Just tell her Mary Reinhardt called," was the message
she lett ... On their way back from the Judge's chambers, the bride
phoned the friend again, and left a second message: "Just tell her
Mary Lasker called."

i^ i^ ir

CHATTER: Frank Erickson's guilty plea in N. Y. won't stop his
questioning by the Senate Crime Investigating Committee, The com-
mittee has him linked to the Florida gambling scandal, and will make
public the results of the investigation . . . This columns newest for-
eign outlet is the Bermuda Mid-Ocean News . . , Robert Merrill will
appear in "Don Carlos," the first opera of the new Met Opera Season.
"Don Carlos" last was performed at the Met. four years before Merrill
was born . . . Jack Benny, guest of honor at the Bill Paley Ball, dis-
appeared at the end of the evening. He was found playing second

fiddle in the Emil Coleman Orchestra.

(Copyrreht, 1950)

More About Senator Lodge
Calling Files 'Unfinished'

Continued from Page 1

the files, I have come to the conclu-
sion that reading of them would be
a waste of time."

The files alone would not provide
the basis for "any firm conclusion
regarding the loyalty or disloyalty"
of any of the persons covered by the
files, Lodge .said.

When reporters told Tydings of
Lodge's comment, the chairman ob-
served: "He is entitled to his opin-
ion. I have mine."

McCarthy has declared that the
loyalty records furnished the com-
mittee are incomplete; that they
were rifled before they got into the
Investigators' hands.
NO CHARGES MADE

Lodge, however, told reporters
that he wants to emphasize he was
"not making any charges of ir-
regularities" about the files. Tydings
said only two days ago that an FBI
.study showed there was no basis
for McCarthy's charges of tamper-
ing.

Senator Bourke Hickenlooper of
Iowa, the other Republican on the
committee, al.so contends the files
won't "by any means" give the final
answers to McCarthy's charges. The
remarks of these two members
made it evident that the committee
had little chance of pre.senting a
unanimous conclusion concerning
the story the files tell. This would
leave unsettled one bitterly fought
phase of the Investigation.

Asked what he meant in saying
the State Department files are in an
"unfinished state." Lodge said that
in many cases they contain appar-

ent leads which never were fol-
lowed up. He said they are full of
loose ends which in themselves are
meaningless.

In order for the committee to
reach any definite conclusions, it
would be necessary to call many
witnesses for questioning about
matters referred to in the records,
Lodge said.

"I consider what reading (of the
liles) I've done .so far to be a waste
of time so far as reaching any con-
clusions is concerned," Lodge said.

Concert Tomorrow
At Sterrt Grove

The annual series of midsummer
music festivals at Sigmund Stern
Grove will open tomorrow at 2 p, m.
with a free concert featuring So-
prano Florence Quartararo and
members of the San Francisco Sym-
phony under the baton of Oaetano
Merola.

Located at 19th avenue and Sloat
boulevard. Stern Grove can be
reached by taking either a "K"
streetcar or an 18 or 28 bus. To-
morrow's opening concert in the an-
nual series is a contribution of the
Music Performance Trust Fund and
Local Six of the American Federa-
tion of Musicians.

Proving Range Ready

WASHINGTON, June 23 (U.H)— The
Air Force plans to fire the first
guided missile at the New Banana
river, Fla., long - range proving
ground, within a few weeks, a spokes-
man said today.

The Defense Department, the
Army, the Navy, the Air Force,
the TreasuiT, the State Depart-
ment, the Atomic Energy Commis-
sion, the National Security Re-
sources Board and the National Ad-
visory Committee for Aeronautics

It would also let the President,
by executive order, extend the power
to the head of any other depart-
ment or agency.

Some of them already have thp
discretionary firing power under
year-to-year provisions inserted in
appropriation bills. The proposed
new law would make the authorit>
permanent and a part of the basic
law.

It says the head of the agency
"may, in his absolute discretion,
and when deemed necessary in the
interest of national security, sus-
pend without pay any civilian of-
ficer or employee of the depart-
ment."

DECISION FINAL

If the agency head decides that it
won't interfere with national se-
curity, he may tell the employee
why he was being suspended and
let him file a statement in his de-
fense. Then the agency head would
decide whether or not to fire the
employee. His decision would be
"conclusive and final,"

Any employee with a permanent
status could demand and receive a
hearing by an authority set up
within the agency, but the review of
the case would be made by the
agency head or an official desig-
nated by him.

A person dismissed under the
bill's provision could apply for a
job in some other department, as
long as he had the approval of the
Civil Service Commission.

Steve Nelson
To Be Cited
For Contempt

WASHINGTON. June 23 (U.P)—
The House Committee on IJn-Amer-
Ican Activities voted unanimously
today to cite Communist Organizer
Steve Nelson for contempt for re-
fusing to answer que.stions about
the ca.se of the my.sterious "Scien-
tist X."

Nelson, who operates out of
Pittsburgh, was charged with re-
fusing to answer questions relating
to the theft of atomic secrets from
the wartime radiation laboratory of
the University of California at
Berkeley. He worked on the West
Coast at the time.

If convicted, he could be jailed
for up to a year and fined $1000.
• When he was quizzed in June,
1949. Nelson refused to answer
questions, including whether he
knew Dr. Joseph Weinberg who
later was identified as "Scientist X."

According to the committee.
Weinberg, a former employee of the
radiation laboratory, pas.sed certain
secret information to Nelson who
handed it to a Soviet diplomat.
None of the alleged principals in
the affair would testify about it.

U.S. -Mexico
Trade Pact
To Be Ended

WASHINGTON, June 23 (/P^—The
United States and Mexico are end
ing their reciprocal trade agreement
on December 31, 1950. This is an
event of economic importance be-
cause it means higher U. S. tariffs
on imports not only from Mexico
v.i.f frnrr, fl nnmher of Other coun-

>-<is

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■i^

(V0, |4<a ^ua Mt4 rtma

All rifft.l. rt%»r*md

"Talking a lot of nonsense in my sleep? ... on a subject
of national imporfance, I presume . . .?"

More About Regents Firing
157 Nonsigners at UC

Continued from Page 1

attended. Absent were Regents Sam
L, Collins, Roy E. Simp.son, Arthur
J. McFadden, Edward A. Dickson,
and L, M. Giannini.

The purpo.se of the discussion was
to follow up the regents' decision
of April 21 that all employees should
sign a contract containing an anti-
Communist statement. The Board of
Regents at that time further ap-
proved that those faculty members
who could not sign for reasons of
conscience would have an oppor-
tunity for a hearing and pre.senta-
tion of their rea.sons to the faculty's
own committee on pri\ilege and
tenure.

Hearings were held on Berkeley
and Los Angeles campuses, and ad-
ditional faculty and administrative
committees were named to hear
the cases of non-Senate employees.
The.se include teaching fellows, and
lower-rank academic employees, and
administrative staff members,

SPROUL'S PLEA

President Sproul opened the dis-
cussion this afternoon with a plea
for acceptance of the committee
recommendations.

"By their action of April 21, the
regents have thrown the traditional
.safeguards around the faculty with
relation to con.scientious scruples,"
he said. "If this is not acted on
reasonably and magnanimously, I
believe the university will be injured
for many year.s — perhaps forever.

"There is a .security in democracy
itself, and we. will lose this forever
if we injure our free iastitutions."

Regent Earl Fenston moved for
immediate approval of the presi-
dent's recommendations. Regent
Sidney Ehrman objected, on the
grounds that if 62 faculty members
could be retained without .signing
the contract, "what if next time
there are 620?"

Regent • John Francis Neylan
joined the discussion. He told at
length the 14-month history of the
controversial faculty oath question.

AAUP DENOUNCED

He denounced the American Asso-
ciation of University Profes.sors.
who "would let Communists teach
in a univensity." and President Lynn
White of Mills College, who had
urged that the AAUP take a stand

to do!y the constitutional govern-
ing body of the university, and also
97 per cent of their colleagues who
have signed the contract? "

Regent Jes.se Steinhart replied by
reading the military records of four
non-signers, given in the report.
"We cannot vote to dismiss people
like the.se," he said. "I hate Com-
munism. I hate totalitarianism.
Maybe fhat's why I have a sym-
pathy for a per.son who would
jeopardize his job lather than com-
promise with his con.science."

Regent Fred M. Jordan oppased
Steinhart's reply.

"I never would have agreed to the
re.solution (April 21) if I thought
we would hire people who didn't
sign the contract. All we promised
them was a hearing. Well, they've
bad their hearing. And that's as
far as our obligation went."

The Governor protested, "What's
a hearing for, if we pay no atten-
tion to it?"

Regent Goodwin Knight, Lieuten-
and Governor, spoke up. "Let me
show that this committee has recom-
mended for reappointment a cer-
tain Carl C. Ephng, who is a mem-
ber of the faculty and once wrote
me that so long as the Communist
party was a legal one, Communists
had the rigfit to teach."

Fn

wpni
but
lieve
the ;
aw a:
Or
.seen
ernri
Socf
"iif
rner
aga
"ne'
atio
ob;j
com

p.

erni

firsi

cial

it.

witl

mac

tinu

witl

CAI

SI
clea
ball
hav'
way
nar

T
to
firsi
mie
of c

T
whe
gov«
12,0
000)
ploy

T)
quir
cred
Soci
polit
lion
this.

TAL,

Me

NO CONFIDENCE

Knight declared that he had
never met Mr. Epling, but would
like to meet him face to face, and
had no confidence in the faculty's
list so long as Ephng's name was \ econc
or it. i tiatoi

At the rear of the room Profe.ssor plan
of Botany Carl Epling, vice presi- end.
dent of the Southern Academic prodt
Senate, rose and said, "I never in disagi
my life, to my knowledge, wrote
a. letter to Lieutenant Governor 5. F
Knight about anything whatsoever." m

Steinhart read from the commit- 'Or
tee report. "Profe.ssor Epling told San
the committee he is not a Com- two a
munist. he hates Communism." 1949 tr

Knight retorted. "I will not ap- Dr. 1
prove this list, because of Pro- ot the
fe.ssor Epling." presents

The regents then discussed ways cities ii
and means of postponing action. jpopulati

President Sproul declared that de- E. Robii

cision should be made before a 60-
day period suggested in a motion,
as those concerned would have to

against oaths.

He concluded, referring to the 62 I look for new jobs before then,
non-signing profes.sors: The regents then voted to put

"How can you permit 3 per cent [over consideration until July 21.

Palace 1
The M
place aw
Protectio
Knowlant
State AU'

iiiiiiiiiiiiiiiiifiiiiiiiiiiiiiiiniiiiiiiiiiiititiitiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiitiiitiiiiiiniiiiiiiiiiiiiijiiiiiiiiiiiiiiiiiiiin

Royce Brier THIS WORLD

miiiiimMiiiiiiiiiiiiiiiiiiiiiiiiiiifiiiiiMiiiinMiiimiiiiimiiimiContinLI6Cl FrOfTI PSQC 1 inmiiiimmiimni

categories noted above don't
contain more than 1,500.000 in-
dividuals, real lushes who don't
have to work, or won't work, or
are set on filching a living from
the society. And the commle.s
aren't going to exterminate the
society, so long as 99 per cent of
us continue to plug along with
the paradoxically restricting but
free idea of working for a liv-
ing and any surplus.

This somewhat vaguely sweep-
ing and prolix prelude is sug-
...^^fn/4 u,T fVio mplanrholv case ot

about 1936, when his murdering,
pandering, dope-peddling, brib-
ing, double - crossing practices
caught up with him. He got a
prison rap, and after a couple
of years was turned over to Im-
migration, which ooshed him on
a freighter for permanent de-
portation to Italy.

Does All Right

As was bound to be the case,
this slight change of scenery

turned w
he's livin
is misund
who've g(
by the Ar

The Wi

The iac
plain hov
he gets hi
steaks ai
there mm
sensitive t
baubles o)
terialism.

BERKELEY DAILY GAZETTE . ■ ■ Scurday Ereninz. July I. 1950

low" at annual Channber meeting in Hotel
Melvin Melnicoe, president of the Cham-
nt, and George Goode, Retail Trade Bu-

— Gazette Photo

Vrthur Hinton, left, and John C. Long-
amber's warm thanks to outgoing Presi-
>r his 29 months of service to the local

— Gazette Photo

/hamber Officers
n Optimistic Note

of ambitious endeavor spurred newly in-
if Commerce officers today as they took
vrar.

h installation ceremonies took place

GIs Arrive
In So. Korea
To Repel Reds

{Continued from Pace One]

ble out. tugging at their battle
packs. Rifles are passed out.

Squads congregate at their as-
signed places waiting their turn to
file into the troop carriers of the
air.

A few speculate on the climate,
the food and the women they will
find in South Korea. Some curl
up on their packs and sleep. But
most stand quiet and thoughtful.

When the signal comes, the
squads move forward to the trans-
port. They push and shove at the
mortars and heavy equipment they
are taking with them.

Then the twin doors bang shut,
the plane's engines roar and it
swings down the ramp onto the
runway.

Overhead thunders a continuous
umbrella of fighter planes pro-
tecting the operation. As soon as
a transport takes off, they join it
and shepherd it across the 100-mile
wide Korean* Strait to its destina-
tion.

There the planes quickly empty
and fly back for more loads.

Over much of Japan there are
similar scenes of war-like activ-
ity. Even in Tokyo, convoys of
trucks roll through the streets.
Their springs are flattened by
their heavy loads of ammunition
and equipment destined for move
ment by sea to Korea.

UC Dismisses
Non-Signer

Practice Alert Shows
Coast Defense Jets
A re Ready for Action

KC Gambler
Is Ambushed

KANSAS CITY, Mo., July 1 (U.R)
— Charles Bruno, notorious Kansas
City gambler, was critically wound-

MARCH AIR FORCE BASE.
I July l—{JPi—The 75-plane Istj^f^ today by two gunmen who had

i Fighter-Interceptor group - 700- P'^^^" '" ^^^^^^ "^«^ *^^^ '^o"^*^-
1 ., . „ 0/2 4 • • .. From his hospital bed, the 51-

imile-an-hour P-86 sweptwmg jets ! ^^^^^.^j^ saloonkeeper and bonds-

I— is "fully framed and equipped ^an told officers he believed his
hnd can go into combat at a mo- assailants intended to hold him up.
ment's notice," its commandmg of-, Homicide Lieutenant Harry Nesbitt
fleer said today. jgaid investigation would include

Lt. Col. Jack T. Bradley put, both the robbery theory and the
his unit into practice action with possibility that the shooting was an
a simulated "Red Alerrt" at dawn. I attempted a.ssa.ssination.
He said the first plane was in the

Coast Union
Is Against
Korea Policy

The left-wing CIO Marine Cooks

and Stewards Union called on the

Government today to "immediately

cease American armed intervention
in Korea" and grant recognition to
Communist China.

In taking the stand, announced
by Union President Hugh Bryson,
the MCS became the only west
coast union to thus far publicly
oppo.se President Truman's new

Officers said Bruno was a known : par Eastern nolicv
air four minutes after a nryike-be- associate of Charles Binaggio, ! „ , ,,

lieve flash warned of "unidentified North End political leader, and I ^'^^'°"' ^ "^'^'^ ^^'^
aircraft approaching the coast." Charles

Gargotta, his henchman,
The World War II ace said the | who were slain in Democratic head-
time would be bettered by a wide quarters on Truman Road three
margin as other praci
smoothed the operation.

of Long-
shore Chief Harry Bridges, said
the union's position reaffirmed its
policy "for peace and against war."

smoothed the operation. 23 arrests here but no felonv con-' ..u <• i ..

„„.,.. ,. I y "^^"«-= "^*^ L»"i^ iiu itiuiiy ixm isgup "^y peaceful means.'

Col. Bradley said the practice mictions. Arrests included investi-
alert was a training measure but'gation of gambling, liquor viola-
added that his unit is ready for tions and narcotics,
action 24 hours a day. although he| He appeared recently before the
has no information indicating pres-i Federal Grand Jury investigating
ent danger to Southern California ' underworld activities here,
cities or industries.

Operations of the 1st are tightly
integrated with the Southern Cali-
fornia radar and spotter networks,
he said.

Socialists
Rap Queuille

The University of California has

PARIS, July 1 (L'.E)— Socialists
decided today not to take part in
a coalition government which Pre-
mier Henri Queuille is trying to
form.

The Socialist decision meant
Queuille could form only a right

Dying Dog Nips
Man, Daughter

A man and his 15-year-old
daughter were both bitten by the
same dog, but they said today
that they didn't bear a grudge
against the animal.

You see, the dog was their pet,
run over by a car yesterday
afternoon.

Although not specifically sup-
porting US aid to South Korea,
Bridge's CIO International Long-
shoremen's and Warehousemen's
Union, Local 10 (San Francisco)
has declared its members will work
"whatever ships the Government
wants us to. regardless of where
they are bound." Bridges recently
was convicted of hiding Com-
munist party membership.

Other west coast seafaring
unions have announced complete
support of the intervention pro-
gram against Korean Communists.

Despite opposition to the Korean
aid program, the MCS joined with
five other waterfront unions last
night in signing an agreement with
the Pacific Maritime Association,

The cocker spaniel, "Penny
crawled onto the sidewalk from! calling for war zone attack bonuses
the street and then lay down. • in Korean waters.

Richard H. Gillette. 46. of 1310 ^^ ^,Z~Z ; : T"^^

^--" - —^ - *"°"'Dvvieht Wav and hs d^^PhtPr ' ^^^ ^^ Geological Survey says

of center cabinet instead of the g^^gf^ r. rushed outsMethe^"ly ^^^ '^^'^^ " Massachusetts
government of National Union for ^^^^J^; ^^ thev heard the pet's '^"^ Rhode Island-can be consid-
whir.h hn ns*Und in thp rnrrnnt """^^ vvntn incy neara me pei s

whimpering cries.
The pair tried t o comfort

"Penny." In her agony, however,

"Penny" nipped Gillette on the

right thumb and Bennie on the

which he called in the current
critical international situation.

Queuille, radical Socialist leader,
today fired a laboratory worker as | won national assembly approval
the first move in a program to of his premiership, 363 to 208,
purge itself of a group of employes early today. He had hoped to form ' left big toe

who refused to sign non-Commu- |a government soon. | A few minutes later, the pet died

nist oaths. ^ Queuille, in asking a mandate from injuries sustained in the car

William E. Cartwright, 24-year- from the assembly, said his gov- accident
old graduate student, was dis-|ernment would support American
charged yesterday and barred and British moves in the Far East.

from the University's top-.^ecret ' These provide the best guarantee ' Precautionary treatment
radiation laboratory where he! "for the future of the civilized

ered adequately mapped.

Gillette and his daughter went
to Herrick Hospital and were given

worked.

Dismissal of the former Navy
I veteran came as a result of the
; Board of Regents' June 23 decision
not to renew contracts of 157 em-
ployes who refused to sign the
non-Communist oath.

world, " he said.

Blast Wrecks

■A' Bomb Russ Now, BQQf^ Kills ]

Says US Admiral | SAN DIEGO. July K^P)— An ex-

SAN DIEGO, July 1 (,p»_Re. plosion, touched off by a match

Cartwright received notice of his ^'^^d Navy Adm. Jonas H. Ingram lighted to make coffee, destroyed

separation in a letter from George thinks Russia should be threatened the fishing boat Hustler here last

1 Everson, director of scientific per- with an atom bomb attack now. | night and killed one of three men

"Ibelieve with all my heart." the i^^,^^;!^- , u ^ ,

wartime commander of the Atlantic I ^i^^^ ^ '''^'t'' , ^'%. ^^Z!^^ , ^'^^

crushed by the terrific blast was

INSURED

Funds Placed by Monday,

July 10th, Earn Interest

From July 1, 1950

Interest Rate Commencing
July 1, 1950

sonnel. The letter offered Cart
Wright his job back in August if he
would sign the oath.

Cartwright. a member of the
Academic As.sembly, gave no in-
dication of whether he will com-
ply with the Board of Regents' or-
der. He has one year's work in
phjsics yet to complete before he
receives his doctor's degree.

The action was the first against
the group of 256 employes who
have refused to sign the oath. The
regents have stated they will re-
fuse to renew contracts of 157 of
these employes.

Fleet said in a talk here yesterda> .
"that if we did this the troubi2
would be over."

He proposed that Russian Pre-
mier Joseph Stalin be warned that

Louis F. Robinson, 56, of San Ber-
nardino.

Pieces of the 43-foot Hustler,
here from Newport Beach to join

in the albacore "gold rash," were
an atomic bomb w^s going to be scattered as far as 300 yards.

dropped on an uninhabited area of
that country and that "the next
one would be on Moscow."

The shattered hull sank imme-
diately at its North Bay pier.
Taken to Navy Hospital with se-
"If we have the strength to back! vere burns on their faces, arms and
it (the thr*eat) up." he added before chests, were:

a club meeting, "the Russian Bearj Wayne Browning Hays. 26, of
will go back in his den and we B.loomington and Gene Gregor. 23.

Fidelity Guaranty

Building & Loan
Association

2323 Shattuck Ave., Berkeley
TMornMfall .1-aaaa

'/T

.- •>»

>r///#i

but a broken ruin.

i

• pODAY we hear the voices of our' saintly sires.

II L^LJirilirilll^ll 1^ III V V I U t^ I '''WKY COMMAND IS TO HOLD THE LINE

I ■ ■■ ^^ fi^ I iMii iwi ■ i^^i ■ ■ w III ^^^ I v« x^ I ^ ^yg SHALL, WITH GOD'S HELP,

AN EXPLANATION is due the people
of California of what caused Presi-
dent Sproul of the University of Cali-

nine faculty members would be harmful
to the university.

None of the instructors concerned is

fornia to reverse himself in the matter a teacher of distinction. All could be

of the loyalty declaration required from
the university's teaching staff.

In March, 1949, Mr. Sproul urged the
board of regents of the university to
demand that faculty members sign a
non-Communist oath.

But in August, 1950, Mr. Sproul rec-
ommends a compromise amounting to
appeasement toward thirty-nine pro-
fessors and assistant professors who re-
fuse to sign a contract containing A
SIMPLE DECLARATION THAT
THEY ARE NOT MEMBERS OF
THE COMMUNIST PARTY.

This reversal of opinion and attitude
is [-izznng and should be clarified.

In the intervening seventeen months,
the university faculty overwhelmingly
voted to exclude Communists, requested
adoption of the non-Communist declara-
tion and, in the vast majority of 99 per
cent, signed the declaration.

replaced by men of more learning and
skill.

No loss of scholarship there.

WE SHALL, WITH GOD'S HELP,
HOLD THE LINE.

We \v\\\ close ranks behind Gen. Douglas MacArthi
Who stands sword in hand upon the ramparts of oui

dom

To hold back the tidal waves of conquest.

^I^LSO TO BE clarified is Mr. Sproul's

recommendation to expel 157 minor
instructors and assistants for doing
exactly what the thirty-nine dissi-
dents did.

The university board of regents then
voted unanimously to expel the 157.
But, on motion of Mr. Sproul, Governor
Warren and eight regents reversed their
thinking and voted 10 to 9 to retain the
thirty-nine instructors.

Now the whole matter is to be re-
viewed on August 25.

President Sproul appears to believe
that failure to come to terms with the
dissenting professors would be damag-
ing to the university.

The people of. California, who
through the board of regents govern the
university, should be told clearly and
candidly why expulsion of these thirty-

JHE DANGER AND the threat, there-
fore, must arise externally.
The source cannot be the university
faculty, which gladly and in overwhelm-
ing strength declared itself anti-Com-
munist and signed the required declara-
tion.

They cannot come from the people,
who stand almost unanimously behind
the university policy excluding Commu-
nists.

Thei/ can, and perhaps do originate,
from cliques of radical tendency like
the one that directs the American Asso-
ciation of University Professors, This
little group has decreed that no school
may discriminate against Communist
teachers, a policy repudiated by the
California faculty.

UNDOUBTEDLY THEY DO
SPRING FROM THOSE COMMU-
NISTS AND FELLOW-TRAVEL-
ERS WHOSE AVOWED AIM IT IS
TO CAPTURE AMERICAN EDU-
CATION BY INFILTRATING
RADICAL TEACHERS INTO
AMERICAN SCHOOLS.

To frustrate this program would not
damage the University of California. En-
tirely on the contrary, it would be a
great victory.

It is incumbent on President Sproul,
therefore, to make a statement of com-
plete frankness to ^he board of regents
and to the people.

The matter is too vitally important
to be determined by the intimations or
the opinion of any one man.

The people should be told, because
thev have a right to know.

\\> will fight till God's white ton-h melts the chain
the last dungeon door swings wide open to fr(
per:seoiited of the world.

The vietims of tyranny look to America to guidi
light the way.

The stars in Old Glory which borrowed their radianci
The Star of Bethlehem will command the thunder and
The li2:htning to strike at the evil forces of conqueg
tyranny, and bring- happiness, hberty, justic
mercy to the oppressed of humanity.

SO MAY IT BE,

A Brief for Beauty

As Brief As Life.

jDARD. I'M fashioned of dioam
^ and desire.
Set for beauty's domain my
sail,
Set ere birth, for a Gael was mv
sire
And his every forefather a Gael.

The mid-seasons much learning
have taught me
Fall as fair as the lore that is
spring's;
Hoar winter much wisdom has
brought me
Bnght as sncwf lakes that fall
from his wings.

In awed silence that follows the
thunder
I have heard the far whisper-
ings of fate;
Rapt, the fairies have filled me
with wonder;
Lone, the leprechaun's left me
Plate.

In vagup shadowy eves 1
bcr
Ruined shrines where
cestors knelt:
Ghostly winds of the past
embers
Still alive in the heart
Celt.

Breathes my money-mad
attorney ;
"Man. you'd better be
your Willi"
Croons my gold-inspired
"A journey
You'll bp taking soon o\|
hill"'

Well, the death fay's li

fall, why fear it

When the land of nowhl

my goal?

When the song of the sphere

my spirit?

The free west wind is on<

my soul?

HARRY COW]

FIIMBD IN 1W0 SBCnCNS

mnmto (Khvonidt

i£ City's Oniy Home- Owned Newspaper Jf

The

Founded by M. H. de Young, Publisher 1865 to 1925
GEORGE T. CAMERON. Publisher PAUL C SMITH. Editor

RIPTIDES

California's 1

EDITORIAL PAGE

PACE 18

FRIDAY. AUG. 25, 1950

CCCCAA

Three Letters on the Oath

The Chronicle hereiuith publishes the ma-
jor parts of three letters dealing with the neio
crisis which has arisen in the loyalty-oath
issue at the University of California. The
letters mark the re-entrance of the alumni in
the controversy. The first is written by an
alumni group, and the second and third are
appended by them in a brochure entitled, 'To
Bring You the Facts ..."

The Chronicle agrees with the viewpoints
expressed in the letters, and believes the entire
State should be grateful to the distinguished
citizens ivho signed them. It is for that reason
we wish to give them wider circulation here.
It is also our firm conviction that it is the duty
of a responsible press and public to seek under-
standing of the issue presented, and to reject
the irrelevant nonsense which has developed
in the heat of the controversy.

As is evident, these letters deal with a com-
plicated situation involving faculty tenure on
the eve of another meeting today of the Board
of Regents of the University.

August 17, 1950.
Mr. Maynard Toll, President, California

Alumni Association
Mr. John E. Canaday, President, U.C.L.A.

Alumni Association
Mr. Herbert E. Barker, President, California

Aggie Alumni Association
Mr. F. P. O'Reilly, President, Santa Barbara

College Alumni Association

Dear Fellow Alumni:

We believe that the University of Cali-
fornia, its President and its future are in
dire peril. The day can be saved only by
a return to reason, good sportsmanship and
good faith.

We believe that the alumni associations
must now act to make their influence felt.

To bring you the facts, we append . . .
letters . . . they present considerations to
which we Invite your earnest attention.
From them you will find, we believe, that
the issue is not Communism; it is the wel-
fare and dignity of our University.

If you believe, as we do, that there must
be no repudiation of the July 21, 1950, ac-
tion of the Regents in approving the rec-
ommendations of President Sproul, we urge
that you make your views known to the
Regents prior to their next meeting at
Berkeley on August 25th.

Sincerely,
Charles A. Ramm '84, James K. Moffitt '86,
Herbert C. Moffitt '89, William Denman
'94, Alexander M. Kidd '99, Monroe E.
Deutsch '02, Emma M. McLaughlin '02,
Robert Sibley '03, Irene H. Gerlinger '04,
Robert Mc Williams '04, Albert M. Paul '09,
Walter A. Haas '10, Daniel Koshland '15,

ment be the only means of obtaining re-
employment, it is simply incredible to us
that the word "invited" should have been
used. It would have been so easy to use the
word "required" or otherwise to make it
clear, if such was the recommendation of
the Alumni Committee, that "no special
contract, no job."

But, of course, that was not the recom-
mendation of the Committee, as can be
seen from the fifth recommendation,
which reads as follows:

"5. Non-signers . . . who fail to sign for
any reason , . . may petition through the
President for a hearing by the Commit-
tee on Privilege and Tenure, after which
the Regents will consider the findings
and recommendations of the Committee
and the President before making a deci-
sion. This has been the long standing
procedure on this and similar matters
and in no manner interferes with or
changes the so-termed 'Tenure or Re-
view' Privileges which are so close to the
hearts of the faculty."

-^I»erfeetlv Plain WortlM^'

•

Do not these perfectly plain words make
it crystal clear that the Alumni Committee
held out to non-signers the honorable
alternative of petition and review? And
since the Regents' resolution was intended
to carry out that compromise, is it not
incumbent upon the Regents, as a matter
of good faith, to honor the recommenda-
tions of the President of the University
and of the Committee on Privilege and
Tenure, unless the Regents, as to any par-
ticular individual recommended for reap-
pointment, have some genuine basis for
denying reappointment on the ground that
that individual is a Communist or Commu-
nist sympathizer or otherwise unfit to
teach?

We respectfully urge upon you that the
question now is no more than one of good
faith in honoring the provisions governing
the settlement of the oath controversy.

In fact, we wonder if the question now
before you may not be even narrower. A
majority of the Regents at the last meeting
acted to approve the recommendations of
the President in regard to the 40 non-
signers. Surely this action, so well justified
by the facts, should not now be repudiated.
Yours for the University,

James K. Moffitt, 1886
Monroe E. Deutsch, 1002
Harlev C. Stevens. 1922

By ROBERT OBRIEN

When and if you happen to be
high in the air, flying In a few
hours to Los Angeles or Portland,
you might give a thought to the
three most famous rides in Cali-
fornia history. There is no more
direct way to contrast your way
of life with that of the pioneer.

Your way takes you up among
the clouds in a machine thai
covers several hundred miles in
60 minutes; theirs, at its swifteit,
took them across mountain ranges,
valleys and rivers on horseback
and they were lucky if in an hour's
time they put behind them 10 ar-
duous miles.

This observation, and the rec-
ommended contrast, are hardly
original or profound; they were
not intended to knock you out of
your chair. They were simply to
recall a fact to mind, and to set
the stage, so to speak, for a re-
cital of the noted rides that rep-
resented early day travel at its
grueling — and record-breaking
best.

There was, first of all, the light-
ning ride of John Brown, some-
times referred to as Juan Flaco
or "Lean John," and, more mag-
nificently, as "the Paul Revere
of the West."

When, in September. 1846, An-
gelenos revolted against the Amer
ican garrison in the South, Brown
was ordered to dash to San Fran-
cisco for help from Commodore
Stockton. For what happened
next, you have at least five con-
flicting accounts to choo.se from.

Brow-i's own story is that he
started off at 8 p. m.. September
24, with 15 armed Mexicans in
hot pursuit. Fastened in his hair
was a roll of cigarette papers, each
of which bore the inscription.
"Believe the bearer," and the seal
of the garrison's commandant. In
the mad dash from the pueblo, his
horse was wounded; but in spile
of this the mount cleared a ra-
vine 13 feet wide and galloped on
for two miles before it fell dead.

Brown covered the next 27 miles
on foot. There, and for the rest
of his journey, his cigarette papers
were honored as orders to supply
him with fresh horses. By 11 p. m.
of the 25th, he had reached Santa
Barbara. The next night he camped

WASHINGTOr

Gavel Misse

By )ACK ANDERSON

(While Drew Pearson 1« on ▼•-
cation hl» rolumn will be written
by members of his staff.)

WASHINGTON, Aug. ?4— The
full story hasn't been told how 81-
year-old Senator Kenneth Mc-
Kellar of Tennessee tried to bop
71-year-old Congressman Clar-
ence Cannon of Missouri on the
head with a gavel.

It happened behind closed doors,
while Senate and House con-
ferees were trying to iron out
difference* in the appropriations
bill. This brought McKellar, the
ariatipns chairman.

• uciii:,

..I '-

Berkeley on August 25th.
Sincerely,

Charles A. Ramm '84, James K. Moffitt '86,
Herbert C. Moffitt '89, William Denman
'94, Alexander M. Kidd '99, Monroe E.
Deutsch '02, Emma M. McLaughlin '02,
Robert Sibley '03, Irene H. Gerlinger '04,
Robert Mc Williams '04, Albert M. Paul '09,
Walter A. Haas '10, Daniel Koshland '15,
Arthur W. Towne '16, Ruth A. Turner '17,
Harriet J. Eliel '19, Harley C. Stevens '22,
Edward G. Chandler '26.

To th4^ Governor

, August 16, 1950.

His Excellency, Earl Warren,
President of the Regents

of the University of California
Dear Governor Warren:

It seems to us that the question concern-
ing the 40 nonsigners has become a very
narrow one, namely:

Does the resolution adopted by the Re-
gents on April 21, 1950, provide for a hear-
ing by the Senate Faculty Committee on
Privilege and Tenure as an alternative to
signing the special letter of acceptance?

If it does, surely every Regent would want
that alternative to stand In good faith.

We suggest that an important key to the
answer appears largely to have been over-
looked and forgotten. It lies in the rec-
ommendations of the Alumni Committee
chairmanned by Mr. Bechtel. These recom-
mendations, dated April 19, 1950, were the
basis of the Regents' resolution two days
later.

With that in mind, we invite your atten-
tion to the core of the Committee's report.

On the second page, the Committee
carefully defined the problems it under-
took to solve. These are the exact words:

"1. Should faculty and other employees
of the University be required to declare
individually their status with respect to
membership in the Communist Party?

•*2. Should the President and the fac-
ulty have the same right of review in
cases of members who refuse to conform
to a firm policy which excludes members
of the Communist Party from employ-
ment in the University, and the right
to recommend to the Regents the action
to be followed, as they do in all other
matters affecting tenure?"
Is it not perfectly clear from the fore-
going that the Committee regarded the
right of review as a major asi>ect of the
over-all problem?

After discussing both of the quoted two-
fold problems, and after stating that "the
Committee finds almost unanimous opin-
ion among all groups that there should be
no departure from right of review by Fac-
ulty and President, with right to recom-
mend to Regents," the Alumni Committee
proceeds to make, unanimously, its five-
point settlement recommendation.

The recommendation as to the signing of
the new contract of employment (contain-
ing the clause that the signer is not a
member of the Communist Party, etc.)
reads as follows:

"3. All parties be invited to sign the
'New Contract of Employment,' but those
who have already signed the so-termed
'Loyalty Oath' will not be required to
sign the 'New Contract of Employment'
for the current academic year."
Now if the recommendation of the
Alumni Committee was, as some claim,
that signing the new contract of employ-

beiore you may not be even narrower. A
majority of the Regents at the last meeting
acted to approve the recommendations of
the President in regard to the 40 non-
signers. Surely this action, so well justified
by the facts, should not now be repudiated.
Yours for the University,

James K. Moffitt, 1886
Monroe E. Deutsch, 1902
Harley C. Stevens, 1922

Fi*4»iii a Professor

August 3, 1950.
Mr. Stephen D. Bechtel,
244 Lakeside Drive
Oakland
Dear Mr. Bechtel:

You will recall that at Davis last April
following the meeting of the Board of
Regents which adopted the Alumni Com-
promise, I said something like this to you:
"You have prevented mass murder, but
when the executions begin one at a time,
we shall look to you again for help." You
then took little stock in my statement, and
tried to assure me that our troubles were
over.

It now appears that I was wrong even in
my assumption that the Alumni Commit-
tee had prevented mass murder. At the
July meeting of the Board, thirty-nine
tenure members of the faculty, all of
whom the Senate Committee on Privilege
and Tenure had cleared of the slightest
taint of Communism, were saved from dis-
missal only by a ten to nine vote. There-
upon Regent Neylan changed his vote from
the minority to the majority, and served
notice that at the August meeting of the
Board he would move a reconsideration.
Following this, the University Attorney
ruled, quite mysteriously and unaccount-
ably, that the Secretary of the Board of
Regents would have to wait until after the
August meeting before sending out con-
tracts to the thirty-nine non-signers, as
the ten to nine vote had ordered. A count
of absentees at the July meeting makes it
seem almost certain that, if Neylan can
only get a full meeting of the Board, he
will succeed in his determination to see
the executions carried out.

Such action, by any rational interpreta-
tion of the Alumni Compromise, must be
construed as a complete breach of faith.
If the pledge to refer the cases of non-
signers to the Senate Committee on Privi-
lege and Tenure meant anything at all, it
meant that the Regents could be expected
to give favorable consideration to the re-
port of the Committee. This was the un-
derstanding of the President, of the fac-
ulty, and certainly of about half the Board
of Regents. It was on this understanding
that the Committee of Seven, which I
headed, laid down its arms, and returned
some $12,000 cash in hand to the donors.
Any other interpretation of the Alumni
Compromise would have made it conform
with the well-known vigilante concept,
"Give a man a fair trial and hang him."
I am totally unwilling to believe that the
distinguished members ot the Alumni
Committee could ever have been capable
of making so fraudulent a proposal.

If the Neylan faction of the Board suc-
ceeds in carrying through its program, it
is hard to see how the faculty can ever
again have faith in the Board of Regents.
Such action would constitute the second
complete double-cross of the faculty by the
Regents within a few months. The first
instance came when we were assured by

year-old Senator Kenneth Mc-
Kellar of Tennessee tried to bop
71-year-old Congressman Clar-
ence Cannon of Missouri on the
head with a gavel.

It happened behind closed doors,
while Senate and House con-
ferees were trying to iron out
differences in the appropriations
bill. This brought McKellar, the
Senate Appropriations chairman,
and Cannon, the House Appropri-
ations chairman, into violent dis-
agreement.

With an explosive snort. Mc-
Kellar accused Cannon of "mak-
ing slurring references." Then the
aged Tennessean began spouting
expletives, which an eyewitness
later reported "almost peeled the
paint off the walls."

Thi.s was too much for Can-
non, who announced he wouldnt
take such abuse "from any man"
and started after McKellar. Si-
multaneously, the sputtering Sen-
ator from Tennes.see picked up
hi.s gavel which he had been using
to rap the table and tried to rap
Cannon. However, colleagues sep-
arated them before they could do
any damage to each other.

General Mac Arthur was coasid-
ering coming back to the United
States just as the Korean war
broke out. He was interested in
an offer of a top job at Reming-
ton Rand.

Before the end of the year,
President Truman plans to set up
a special board to keep an eye
on prices and a new agency to
take over the vital Job of civilian
defense.

Many top mobsters have been
getting careless with their income
tax returns. They have been
reporting ridiculously small m-
comes and lumping it under such
general terms, as "self-specula-

spokesmen for the Regents, b
and publicly, that if we could
ate on record in support of
policy opposing the employn
munists, the oath requiremt
handled in such a way as t
faculty. Believing what we ^
acting in good faith, we put o
ballot by nearly an eighty per
the kind of resolution that
the Regents desired. But a
meeting they refused, althou
ten to ten vote, to rescind th»
of the oath. We should have
by this experience, but we c(
selves that there were enough
will on the Board that, with t
the Alumni Committee, we c(
a fair interpretation of the p
promise. It now appears that
on nothing. At the last m<
Board even the new PresJ
Alumni Association voted
Surely, surely your Commi
something about that.

Has Opposed ^^Wreekert

You remember, I trust, thai
the first to sign the Anti-Con
and that my only objection,
the contract proposed by the
mittee was the way in which
annual repetitions, it compi
any legal claim to tenure i
part of the faculty. My intere;
stems in no way from sympat.
munists or Communism. No

Sincerely.

s A. Ramm "84. James K. Moffitt '86,

)ert C. Moffitt '89, William Denman

Alexander M. Kidd '99. Monroe E.

tsch 02. Emma M. McLaughlin '02,

»rt Sibley 03, Irene H, Gerlinger '04,

'ft Mc Williams '04, Albert M. Paul '09,

^ A. Haas 10, Daniel Koshland '15,

. W. Towne '16, Ruth A. Turner '17,

[let J. Eliel '19, Harley C. Stevens '2?,

ird G. Chandler '26.

Ivovernor

, August 16. 1950.

^cellency. Earl Warren,
ml of the Regents
ie University of California
rovernor Warren:

ms to us that the question concern -
40 nonsigners has become a very
one. namely:
the resolution adopted by the Re-
April 21. 1950, provide for a hear-
the Senate Faculty Committee on
;e and Tenure as an alternative to
the special letter of acceptance?
loes. surely every Regent would want
:ernative to stand in good faith.
3est that an important key to the
jpears largely to have been over-
,-.d forgotten. It lies in the rec-
lations of the Alumni Committee
mned by Mr. Bechtel. These recom-
ions. dated April 19. 1950, were the
the Regents" resolution two days

at in mind, we invite your atten-
me core of the Committees report.
le second page, the Committee

defined the problems it under-
Isolve. These are the exact words:

jhould faculty and other employees

University be required to declare

lually their status with respect to

rship in the Communist Party?

jhould the President and the fac-

fave the same right of review in

►f members who refuse to conform

m policy which excludes members

Communist Party from employ-

.- the University, and the right

>mmend to the Regents the action

followed, as they do in all other

\s affecting tenure?"

: perfectly clear from the fore-

: the Committee regarded the
review as a major aspect of the
)roblem?

Uscussing both of the quoted two-
>lems, and after stating that "the
;e finds almost unanimous opin-
ig all groups that there should be
[tire from right of renew by Fac-

President, with right to recom-
Regents." the Alumni Committee

to make, unanimously, its five-

iement recommendation.
commendation as to the signing of

)ntract of employment (contain-
ilause that the signer is not a
^f the Communist Party, etc.)
follows :

parties be invited to sign the

itract of Employment,' but those

^•e already signed the so-termed

Oath' will not be required to

'New Contract of Employment'

[current academic year."

the recommendation of the

)mmittee wa», as some claim,
tig the new contract of employ-

oeioie you may not oe even narrower. A
majority of the Regents at the last meeting
acted to approve the recommendations of
the President in regard to the 40 non-
signers. Surely this action, so well justified
by the facts, should not now be repudiated.
Yours for the University.

James K. Moffitt, 1886
Monroe E. Dcutsch. 1902
Harley C. Stevens, 1922

From a Professor

August 3, 1950.
Mr. Stephen D. Bechtel,
244 Lakeside Drive
Oakland
Dear Mr. Bechtel:

You will recall that at Davis last April
following the meeting of the Board of
Regents which adopted the Alumni Com-
promise. I said something like this to you:
"You have prevented m.a&s murder, but
when the executions begin one at a time,
we shall look to you again for help." You
then took little stock in my statement, and
tried to assure me that our troubles were
over.

It now appears that I was wrong even in
my assumption that the Alumni Commit-
tee had prevented mass murder. At the
July meeting of the Board, thirty-nine
tenure members of the faculty, all of
whom the Senate Committee on Privilege
and Tenure had cleared of the slightest
taint of Communism, were saved from dis-
missal only by a ten to nine vote. There-
upon Regent Neylan changed his vote from
the minority to the majority, and served
notice that at the August meeting of the
Board he would move a reconsideration.
Following this, the University Attorney
ruled, quite mysteriously and unaccount-
ably, that the Secretary of the Board of
Regents would have to wait until after the
August meeting before sending out con-
tracts to the thirty-nine non-signers, as
the ten to nine vote had ordered. A count
of absentees at the July meeting makes it
seem almost certain that, if Neylan can
only get a full meeting of the Board, he
will succeed in his determination to see
the executions carried out.

Such action, by any rational interpreta-
tion of the Alumni Compromise, must be
construed as a complete breach of faith.
If the pledge to refer the cases of non-
signers to the Senate Committee on Privi-
lege and Tenure meant anything at all, it
meant that the Regents could be expected
to give favorable consideration to the re-
port of the Committee. This was the un-
derstanding of the President, of the fac-
ulty, and certainly of about half the Board
of Regents. It was on this understanding
that the Committee of Seven, which I
headed, laid down its arms, and returned
some $12,000 cash in hand to the donors.
Any other interpretation of the Alumni
Compromise would have made it conform
uith the well-known vigilante concept,
•"Give a man a fair trial and hang him."
I am totally unwilling to believe that the
distinguished members of the Alumni
Committee could ever have been capable
of making so fraudulent a prof>osal.

If the >^ylan faction of the Board suc-
ceeds in carrying through its program, it
is hard to see how the faculty can ever
again have faith in the Board of Regents.
Such action would constitute the second
complete double-crass of the faculty by the
Regents within a few months. The first
instance came when we were assured by

year-old Senator Kenneth Mc-
Keilar of Tennessee tried to bop
71-ycar-old Congressman Clar-
ence Cannon of Missouri on the
head with a gavel.

It happened behind closed doors,
while Senate and House con-
ferees were trying to iron out
difference* in the appropriations
bill. This brought McKellar, the
Senate Appropriations chairman,
and Cannon, the House Appropri-
ations chairman, into violent dis-
agreement.

With an explosive snort, Mc-
Kellar accused Cannon of 'mak-
ing slurring references." Then the
aged Tennessean began spouting:
expletives, which an eyewitness
later reported 'almost peeled the
paint off the walls."

This was too much for Can-
non, who announced he wouldn t
take such abuse "from any man"
and started after McKellar. Si-
multaneously, the sputtering Sen-
ator from Tennessee picked up
his gavel which he had been using
to rap the table and tried to rap
Cannon. However, colleagues sep-
arated them before they could do
any damage to each other.

General Mac Arthur was consid-
ering coming back to the United
States just as the Korean war
broke out. He n'as interested in
an offer of a top job at Reming-
ton Rand.

Before the end of the year.
President Truman plans to set up
a special board to keep an eye
on prices and a new agency to
take over the vital Job of civilian
defense.

Many top mobsters have been
getting careless with their income
tax returns. They have been
reporting ridiculously small m-
comes and lumping it under such
general terms as "self-specula-

Bioxvard has been cooling his
heels two months, waiting for
President Truman to decide
whether to reappoint him. Bros-
•sard doesn't always agree with
the President, but he has been a
capable public servant.

Whether you're a 5-per center
angling for Government contracts
or a reserve officer trying to get
'i:t of a combat unit, it still pays
to have an inside track with Ma-
jor General Harry Vaughan. the
irrepressible White House mili-
tary aide.

For example, here is how
Vaughan is pulling strings inside
the Pentagon for Robert C. Smith
of Columbia. Mo., a reserve Army
lieutenant, who wants to trans-
fer from the field artillery to the
Army's legal .section.

Ordinarily Smith wouldn't stand
a ghost of a chance, because the
Army isn't taking any new law-
yers. However, alter the Army
had already rejected one trans-
fer request. Smith appealed to a
Missouri politician and crony of
Vaughan s. WiUiam H. Becker.

All it took was a letter to
Vaughan. in which Becker ex-
plained that Smith had recently
graduated from the Missouri Uni-
versity Law School and had "re-
quested transfer to the Judge Ad-
vocate Generals Corps Reserves
where he believes he can best
serve his country."

Vaughan wasted no time dis-
patching a White House memo
to the Adjutant Generals office
requesting 'action" on Smith's
case. And action is what Smith
got. His apphcation was lifted out
of normal channels and given the
personal attention of the brass
hats. An official letter was also
rushed to Fifth Army headquar-
ters in Chicago for required rec-
ommendations. Dated August 17,

that Lieutenant Smith's applica-
tion for transfer . . . be f
warded to this office for rev it- «
by the Judge Advocate General. "
In other words, the Judge Ad-
vocate General, himself, will de-
cide the case— thanks to the Pres-
idents pal, Harr>' Vaughan. Mean-
while, the Army has no need for
green - behind - the - ears lawyers,
but could use some artillery of-
ficers with Smith's training.

Senator Joe McCarthy has been
grinding out so many speeches
and press releases about Commu-
nism m the State Department
that he has used up hi.s Senate
paper quota. Since he must now
pay for paper out of his own
pocket, he has appealed to Re-
publican colleagues to lend him
some from their supplies.

"When I started on this investi-
gation, my office had an excess of
p^per of all kinds, ' McCarthy ex-
plained in a letter to Republican
Senators. "However, due to the
great volume of documents we
have u.sed to date, my supply of
paper has been completely ex-
hausted and it has been neces-
s-diy lor .some time to buy all the
paper we use. This has become a
very expensive venture.

"The thought occurred," Mc-
Carthy hinted, -that you might
have an extra supply of paper
which you would let us have to
use In this work."

McCarthy added significantly
that he planned to use the j>aper
"in a sizable number of speeches
which I plan to make prior to
the fall elections."

(Copyright, 1950)

At signing any oath
What Communist is loath'

— edb

spokesmen for the Regents, both privately
and publicly, that if we could get the Sen-
ate on record in support of the Regents'
policy opposing the employment of Com-
munists, the oath requirement would be
handled in such a way as to satisfy the
faculty. Believing what we were told, and
acting in good faith, we put over on a mail
ballot by nearly an eighty per cent majority
the kind of resolution that we were told
the Regents desired. But at their next
meeting they refused, although only by a
ten to ten vote, to rescind the requirement
of the oath. We should have been warned
by this experience, but we convinced our-
selves that there were enough men of good
will on the Board that, with the backing of
the Alumni Committee, we could count on
a fair interpretation of the proposed com-
promise. It now appears that we can count
on nothing. At the last meeting of the
Board even the new President of the
Alumni Association voted against us.
Surely, surely your Committee can do
something about that.

Has Opposed "Wreckers^'

You remember, I trust, that I was one of
the first to sign the Anti-Communist oath,
and that my only objection, personally, to
the contract proposed by the Alumni Com-
mittee was the way in which, by requiring
annual repetitions, it completely vitiates
any legal claim to tenure rights on the
part of the faculty. My Interest In this case
stems in no way from sympathy with Com-
munists or Communism. No one on this

faculty or on the Board of Regents, has
fought these wreckers any harder than I
have. If any member of the thirty-nine
non-signers were tainted with Commu-
nism, I would be against him. But the
integrity of these men has been abundant-
ly proved. The matter before us has noth-
ing to do with Communism. The question
is merely one of good faith. Will the Re-
gents keep their implied pledge, or will
they flout it?

I need not tell you how serious will be
the consequences of the dismissal of these
thirty-nine men, many of them scholars
of world renown. The reputation of the
University will drop to an all-time lov,-.
There will be the customary investigation
by the American Association of University
Professors," followed Tjy a devastating and
well-publicized report. The University of
California will be blacklisted, and all good
men will be warned to avoid It. There will
be few immediate resignations, for most
of us cannot afford that luxury, but gradu-
ally the valuable men on our faculty will
accept calls elsewhere, while our efforts to
recruit competent scholars from the out-
side will fail (as they are already failing).
The same dry-rot that has virtually de-
stroyed the University of Texas, following
a similar episode, will set in at Califor-
nia. . . .

May we not count on you to help us pre-
vent this "lasting havoc" from being
wrought upon your Alma Mater?

Sincerely,

John D. Hicks

I

said : I *jreiit»i •■.

f x\( ". ..i^jronir.ir.^

ji_— (rM

: ■,, lii,

Bf as

iRtitii-

Hun-

•erf; (I
nctiv-
if the

Ousted UCp
Professors

rp
of

r'7^^

Hire Lawyer

A spotesnian for thf Universitr i
Df California Jtr.ulty members nbo '
ersive:j.efuj.pri to sign the Regf^ntf* special I

^ ihe L

aim.t 1

llox'altv dec.iarauon. arid were dis-

!»'

missed last rriday, announced yep- pjist

^^j.p|r,erday the proup will carrj- itP case jpeoi

to court ' ^'io

The proup ha? rt-v -'' etc ^i^r ,.
A. Weiptii Sun Pn
tion attorney, "m the interest ol
pj-oiectinp oui rit
s'"' I'-f al the i.- i . ■
;ua."
Prnlessot E;dward C. Toiman.
' the nannifners. ^t-

;. .: . . ..u! every one of < -t

R:roup ha»! been <;le.ared of any ta.nt
of Communism. WhBl is ir ■

V the
out
the

' the
lera-

H

»n
**on

foi

the

^OD-

Lcnn

H.
whi<
tau'

Li

rn-

lOlf

leir !

fult

thf

A'lth

is •

in tht she do?
Hunonaif diF-

sity who now Rtand
of an unfair and

missal. "

He el-^^' -^^ ""SHed i>'f-' ^''' '•♦"^f*
ne n;. - "p ap;i

P'riday. the repent? tooK actjion roD
trary r "ne to •■ • by t.*^ •

own B but i . . .:; thai

the pn . offuter. Got'ernoi I

lom; Warren, president of the board.

AT last rndayf board n
it waF announced ' ■ ' • '
ruKniuR pi-ofesnorK. i
cranted they a:-e non-Commur..
and be pjven a ye-

P

oholK
need:

ten dayp of irrace or until Sept,prr,. c'
ber T. to conform to the board e de- v«
ciiiion. ^''

nunriter of persons a-

— o*»>

UC Regents Vote 12-10
To Fire Non-Signers

By TERRY HANSEN
Thirty-one University of California : mrmhpr*; will be dis-

missed if thoy do not sign the non-Comiin4i.Ka contract 10 days after
il is sent out by the scfhool's officials.

Labor Qov
Aiding Ru
— Churchil

26

Coun^era /''' *2k
Traps Kor\ea'
Reck on Rftver

hf

I

TV bridrgroom of o^

weeks related tiviay from

by inclV'S" in

jdiy'.s ship c
'of f.

\>

LCr . Aug.

The contract letters, UC officials said today, will probably go out ^!°? *u^^"r^^u^' " ^^^'^t^j-^

« fo«. Ha.,. ^' ^ ^ h ^that the Labor guv. : nment for

TOKYO, SUNDAY, l^ug. 27 aiP)
(r.P>— Wii^l — ^An Allied oountei attack tr*J9ped
d tonighif about 2000 CommuniRjl

. H.
r A\'r

In a few days

Those f members who do not sign will receive severance pay
for the 19.>i'-.>i. acariemir year.

In a stormy session yesterday erupted shortly after the Board
afternoon, the UC Board of Re- (convened,
gents voted 12 to 10 the 31 either
sip:n or get out.

Should none of them sign, it

PARLIAMENTARY ISSUE

troops on; -j.p

^^^^ ^he western front toda^l^.ut or n

two years has been allowing Brit-. . , ,^

ish factories to manufacture war/^^ ^'^^^^"^^ ^^'^^^^" *^"d ^^ the was a
tools for Russia. | United Nations line the Reds threw

The wartime prime mini.'^ter * three-pronged attack .^t Sc
said specifically that rnachine Korean troops and forced 1"
tools u.sed to make and repair '^^^^ ground in the Pohang t>^

Regent Neyian moved to recon- tanks have been made available "^^ ^^^ troops that

trapped made up the last enemy
across the Naklv

would cost the St.ate about $224,- ^ider the July 21 action which by to Soviet purchasers

000. The question of that muchi^ 10 to 9 vote allowed the non-| Churchill said also that machine ' ^^'^^^^^®^ «...«..»> cm

money being available was brought s^^^^J'-'' to remain if they passed tools had been sent to Communist ^^^'^^- ^^^ ^^ Second Division iso- second crash

.screening by the Committee on Poland. lated them and then sat down to

We have it in a fund," thun- j Privilege and Tenure. He charged that Russian mspec-j^^y ^^ ^^^^^'^ ^^^^ o^^-

dered Regent John FrancLs Neyian, ! . Neyian voted against the reso-jtors have been allowed to visit .^"- I^f>uglas Mac Arthur's mid

n lin a shi

'p Bridge.

, 23, o« 1|

. officer of tl
'•^" r had just fii

. ...\>«i:d the Na>

— ship an<i wV« walki
a steep ladder w4Mn "thci
t. crash."

'is wife. Nan«-
at the ho.>.|.
^i down the stan
0 received a cut besiide his lij
and a bruised chin.
The Berkel. • • ^

^ate got up «.i LUi- UfClV ^^■.

ddenlv the ship shook wiUi

Ac

up

"Marshall lore up to the "BI
deck and saw everyone jumping
into the water," Mrs. Turner

leader of the pro-oath faction. ilution at the time. Later, he re- ' factories making secret equipment ^^^'^^ communique told about ti^e ^^^^ ..^^ grabbed the life nr

reverse near Pohang.

Regent Jesse H. Steinhart, who ^®^sed his vote in a parliamentary for the British army,
opposed the severance pay motion. ' "^^ve to allow reconsideration at
declared. "I don't believe you can ^^^ ^^^^ meeting,
dc justice by giving charity." ^"^ ^^^^ two hours, the issue

flared up and down the long table
HEATED SESSION —whether the matter could be re-

The session held in the Regent*;* considered.
Chamber in the UC Administre- Neyian said, *1 have the right to

tion Buiidmg was marked by heat- bring this up on the basLs it is for thp ^j^t'Z'^T'^hvix.'^ w,i^t ^^J^^'^^oirimum out of the viJl
eo discussions and balloting. the good of the University." ' committ^ voted todav to cite ^udong and recaptured ,:

Gov. Earl Warren, chairman, had Go^ . Warren, however decreed ^.^'""^'"^ ^^^^'^ /of^^ Jj> ^ite
to silence the crowd on numerous it could not be reconsidered He ^^^^^ ^^^^^S-"^^'^- mcludmg the head ^^^-^^F"-
occasion.'; as it broke oui in laugh

House Lobby
Probe Cifes 3

WASHINGTON, Aug. 26 (r.P)-

, , servers on "B" deck and issi.
American warships ranged north ij^gjj^ ^^^ -

of the 38th parallel to blast at thr
railroad communications w h i c ]■
lead to Russia.

South Korean troops, follov
up a massix'e American air strik*
northeast of Taegu. threw th<

.5 or r>

Of the allegedlv Communist -dom- On the south coa.«;t. troops of th'-
referred to the case of a Los An- ^j^^^p^ ^ivil Rights Coneress for "^'^ Twenty-fifth Division beat oft

tcr when Tongues of the Regents, geles city councilman who had! . ^. r^Z,^^.. * "' four Communist attempts to drive^ The-e

got hot and heavy. J f^^^'^ ^^^^^^^ ^J' «"d ^^^" ^^^MTThe three, all of whor^ from bloody Sobuksa T

The order reverses the Regent later when the Council reconsid- ,^ ,^„ ,j^ committee . ;s of Mountain, commandmg the ro«d Marshall divej in the icy- watoj
action of a month ago. and also ir. ered its action ^_, ^j^^.^ organizations are fi- east toward the base port of Pusan. and saw an older man fioundering.l

At lea.st 39 Communist dead

All the time Turner figured, ti

ship was in shallow enough wa'

'hat when it capsized he could >

and on a side and await ro.s, ^oJ

Suddenly, Turner, who was re|

called as -n third mate in the Mili^

' ~ Transportation Servic<

:. .. X days aa.-, realized V-^
.ition wa.c h >>., that :

.vhip "«-as going under.
DIVED IN

■was one preserver left
deck.

how

a repudiation of University Pres;- Regent Sidney M. Ehrman said danced are
dent Robert Gordon Sproul. Ht? ! the professors didn't have any
had recommended the 31 be re- vested rights in UC.

hired.

Gov. Warren was among the mi-
noritv. He declared: "We're dis-

To this Warren disagreed heat-
edly. "I'm of the opinion these
people, whether public officers op

Edward A. Rumle, rxectitive were counted on the Sobuksan bat-
secretarj' of the National Commit- tlefield.

The Berkeley man attempted
give him his life preserver, but
he couldn't get it oflf.

charging these people not because | not, are performing public func-
tiiey are Communists, not because tions. They do just as much as I
they are suspected of being Com- 'do — and I'm Governor of the
munists, but because they are re- j State of California."
calcitrants. i -^ ^^te was finally taken by the

Although the 31 faculty members P-egents on the ruling of the chair,
refused to sign the contract, they WARREN LOSES
had been cleared by a faculty Warren and his side lost
screening and ci- ' 1. jlO.

tee for Constitutional Government, The Communists attempted no The small group suddenly spo*-j
a registered lobb>-. major attack, but Lt. Gen. Walton ted some two-by-four-inch boa:

William L. Patterson, head of H. Walker. Allied ground com • lashed them together and|

the Ovil Rights Congress, listed mander in Korea, warned that the va.ied
by the Attorney General as a lull may prove "ominous." He said now they

Communist-front organization

Joseph P. Kamp. head of the

Constitutional educational League.

He is now sen'ing a four months

I jail sentence for contempt of an-

12 to other congressional committee in

1944.

the beachhead still is in danger.
Gen. Douglas MacArthur's head-

TCoatlniied on P»re 2. CsIbbiii 81 '

had been in the|
i5 minutes.
.'Shall said be was so numb|

i^nntlnoed «■ Pare 2. Cvlaafin 51

The Rogent.s at v,.v.t ».; uiiciuimous- Neyian smiled. "Now. we're If the Hou.sf appro\es the com-
ly five professors discharged al- back to where we were before mittee's recommendations for ci-
ready for refusal to sign may also July 21." tations. the cases would be turned

be allowed 10 days to change their Warren read a telegram from over to the Justice I)ep£u*tment
minds. ian absent regent, Adm. Chester for prosecution.

The same is true with 157 Uni- W. Nimitz.
vei^ity employes, below professor] In it, Nimitz said he would "vote
rank, previously fired for not sign -against reconsideration and would
ing oaths. jvote for the retention of the non-

The issue of the contract -signing signers" — if he had been at the
___^^^^^^^^_^_^^^^_^_^_ meeting.

Regent Edwin Pauley came out
and said he was dissatisfied with

BULLETINS

{Continued on Pave 2, Colnmn 2]

Fog All Day on Coost reported

I The fi-

Nome Shaken
By 3 Quakes

NOME. ALASKA. Aug. 26 (UJ!>
— Three slight earthquakes shook
this far northern Alaska cit>- last
night, but no serious damage was

HAWAII GROUP HIT

WASHINGTON — The House 1^ PorBCOSfior Ar&O I "^^^ ^'"" "^mor struck at 5:40
Un-American Activities Committee '*^^'^Z'*!* T\r w h pm.. fo.. ._ by another two

■aid today the Hawaiian Civil Lib- ^^^ REGION— Night and mom- jnjnutes later. A third tremor was
erties Committee is "the most ^"E ^"K^^i^ a^^e^noo"^ ^^^ept fog j^j^ ^^^ 5.55 pj„
effect.ve sounding board for com-^^^ ^«> "^^^ °^^»^ ^'^^^^ change Fmdows rattled and dishes
munism" In Hawaii. |*" temperature. Westerly wmds s^ook. but there were no reports

10-20 mph afternoons. ^f damage or injuries.

SPEAKS FOR HIMSELF NORTHERN CAUFORNTA — (in Berkeley the University of

WASHINGTON — Navy Secre- Fair today, tonight and Sunday but California seismograph recorded a
tary Francis P. Matthews said to- with coastal fog extending inland "moderate" quake at 9:46:30 p.m
day he was speaking for himself morning hours coastal valleys. Fog (PDT> last night, at a distance
— not for the Administration -—clearing locally coa.sUside during estima led at 2400 miles awsx . The
when he suggested It might be afternoons Little change in tem- scientists said it lasted al)OUt one
necessary to institute a war to perature. West to northwest wmds and three-quarters hours and was
•ompel cooperation for peace. ^,10- IB mph off Coast.

\x-^>

s

Curtis McMilien, assistant electrician aboard the Nav/ hospital sr
located on tht Alaskan mainiaiid.>i at Letterman Army Hospiti^ in Sa« franclaco following his r«acu«.

i

.'>a>. iiowevei. she did not sink to

IJh Ih/rir K,^r' ^"''^ hJnw T " '"''"" ''• "•••"'''"• '^"'•y Luckenbach docked and Mr,. Jewett dlacovered that her hu.^
said she might possiblj' have air in I »>«"C Murry, aecond enfllneer aboard the noapital .hip Benevolence, wa. among the ml..infl

her tanks.

"Meanwhile, Coast Guard ships
by. their powerful spotlights
■ yiiit. to pierce the fog and ring
the hulk. They sounded whistles
and sirens to warn all ships enter-
ing and leaving the Golden Gate
that the Benevolence now was a
menace to navigation.

The Mary Luckenbach's bow

— (^ Wirephoto

UC Regents Vote 12-10 List of Profs.

Affected by
Regent Orcle

To Fire Non-Signers

rContlnued from Parr One]

Here .s h list of the .?! '

wag staved in but shp martp nnrt'*^^ Tion-signers being screened by the State Aiy*embly; Edward A.

uZrt.^ own power w to C'"?^;"""' r""'""' ipr""' f' ^"''"^'^ ^'""'^ M. ^f-c^^fo^nM^U^ul^r,..

sh,pherding her. '^ i ^"^^^ (the committee) do not Eh™«n. San Franc.sco; Maurice „^„ sig^ the loyl n ol';r,'^.„

All traffic in «;»n Pran^i.„„ i,,. '•'°^<' 'he machinery to investigate I K- Harrison. San F-nrcisco, Fred ««,,. .t^:! Jl, ". °* " ' "^^

hotwlr'ha t d ! Crarch "^'Z '"'l "i "^'"^••- '^^ ^l' ^'''f '^''\'; ^ ^"^"'"^ ^oodwir/^rd. TL^'^""' "■'"'\ '^
grps^^ed. *^'^° University has received $30 million I J- Knight, lieutenant govf?rnor;' • "^ "»Vi- h

The rescued nursej? told of the

j to help the country.'

moments of terror when the ships . ^'^'"^ the record of one non

Arthur J. McFadden. Swnta Ana:

signer, passed by the committee. I Kdwin W. Pauley, Los Angeles

Ar^jMT

John F. Neylan. San Franci«c<;'; P';^^'',";'^ *;
in W. Paulev T^c a^^^i^c B^^ew, prof

h the Wisp* of fog the
ifP"up spotted a small reacu* ship.
LINE FELL SHORT

A lifeline wag to88«d from It.
It fell far short.

Youag Turner. defipit« his fa-
tigue, slipped off the raft and
swam and retrieved the lifeline.

The water-wearied men \^'ere
hauled to safety.

Mr.<^ Turner said she saw her
' Ufiband at 6 a.m. yesterday just
eforf tlie "shakedown" cruise of
he lF3(^7"||j^olence started

And M^^hall's mot

JaJ'old J X ' '^'"*^' ***'- -
ai«rhed nei|r'^,"*'\'^'vrly tod,^y. "He

■>W mn to ir? Z ^"^ -jr^^^' «"^ ,
^obably see )'m goini?

Golden G*"*- T tri^d

just too,Ofi^«>- We're

hi

Pl
El
1<

Ki

an

•tn

lant

of F
Warner Brv>wn. professor

choiogy; H • S. C -^

sistant proiessu. of ps^^u^Mugy,
Leonard A TV>\ k associate pro^
fe.ssor of acr,.;. iiing: Ludwig X

L\t^

an

.f

ut^ that h ^^ oome out !

1(

c(jlltded "-o-'^-t ^'"^^^•-v* u;/ lilt- I.U1I1III1I ICC. I — '•"^.•i *-tn^ x%nff,K-i^

*^I was in thP wnrHrnnr>^ «7oif<«,r^®"'*^y asked. "Why can't he step Gorman Sprague. Beverly Hills.

cra,h." .aid Lt. Gail Matthews, fNEVLAN RAPS HICKS F^nc^cT r t^h' 'l'"""' ^'"

nur.,e from Scranton, Pa. j Neylan then let out a blast ''tl^rv T^c^ntnrJl^^^tT- ^T' ■-"— - "> ■ -.„« uuowi.

•■I went to. the porthole and I'Prof. John D. HicK. who in « iet- 1 j^^^,,"' iSsAn'g Is Edward h'^*'"' P-' -^ of Gi^ekTs

saw a ship aft on the port side ^^^ ^^^^ ^^e University would be'TT^i,„^ . ^> ^ngeies, ^av^^ard H. ^^^^ ,^ .« u.._:___: _.

sliding away." . ' ! blacklisted by the American As.sn. St ' «n^ Francisco; William G

Lt. Eleanor Harrington. the'«-^ University Professors and then Sim^onStat? ^^^^^^^^.r^^'V P^^^^'^^^ of agricultur
ship's chief nurse, said the Benevo- "would be resignations of world- pS instni^ Edwin S Fus.ell

lence immediately began to list to i^^ide scholars" if the oath wa> ' ^"^'^^ T^^^

forced ^proui. jesse Steinhart, San

A 1 TT 1 .. X. . Francisco; Gov. Warren

Also. Hicks wrote, the issue . v« v. wmrpr.

port

"It was going awfully fast." sh.^

said. "Our Catholic chaplain, J. j would be followed by a "devastat-
Reardon, came to help us get into ^"^ ^^^ ^^^^ publicized report."
— ' ' ' ' ■ •• Neylan's rich voice carried

Speaker Hits
Medical Plan

orher ship workers in sliding into r%u'"A '^"^^^^^"^•" '° ^w aown A rousing attack on socialized of history; Harold wT'L^wi's^ as-
the water as the ship heeled ove !?, L'^f'T''"''^" vf"' ^.^^^^jy^^; J^^icine in England had been de-; sistant professor of physics; Han.<=
o/.to its side. Ten of the girls, Jl^ ^Z \\ «o ^f ^''^^^^ '^^«>' ^y ^ ^^IPh jlLe^y. professor of mathematics;

lashed together by a ship's ofTicer. ^°'^^^' . 4v, f ?." 6. appoint- Gampell before the City Commons Jacob Lowenberg. professor of
HimhPH nnfn « ^off ' monts to the faculty. These men Club. ; philo.sophy Anthony P Morse

our life jackets."
SANG, PRAYED

The girls joined crewmen and

through the jam-packed room.

"I don't think the California peo
pie want the Regents to bow down

Enke .< i-turer in business ad
tration; Walter D. Fisher, assi

Itural econon
instructoi
in English; Robert E. Harris, asso-
ciate professor of mediMrf ptf;,\-
cholog>'; Margaret T Hodgen, as-
sociate pmfessor of sociology;
James Hopper Jr.. assistant profe.-:-
sor of medicine; Emily H. Hunt-
ington, professor of economics;
Ernest H. Kantorowicz. professor

yO*ing bn
married
itt-aan si
morved up

••umer. Marshall's fa-
Igenera] manager of the
^uick Co.

Marshall and his
le were to have been

Jay Because of the
^uation, however, they
le date three weeks.

climbed onto a raft.

They sang songs and prayed un-
til an Army tug picked them up

didn't avoid the school,
signed the oaths.

They j Dr. Gampell told members at professor of mathematics; Charles
their weekly luncheon yesterday Muscatine, assistant professor of

One girl died just as she was taker ,- ^''^^^'' ^'^^^^t "^'"^^^^^ °" f^ l^^^ ^'' -experience in attempting English ; Leonardo Olschki. lectur
oK«o^^ +1 ^^..^ , 1 firey question when he read a let- to practice medicine in Fncri«nr^ Pr in ^rio^r.i i„ o. ._

practice medicine in England er in oriental languages;' Stefan

aboard the rescue vessel. ' *«,. ot^r^w^v, -n tj^^v,* i * „M+k, » .. :; ,"' — «^*— « -nwcdi languages; ^jieian

"We were eating supper when T Stephen D. Bechtel. former with a proud sense of satisfaction i Peters, associate professor of in-

Bhe (the Mary LuckenSach) hk ^^TVl^^^ ^S "^,7" '1" Ittl'^^^^ ^^' "com-surance; Brewster Rogersor, as-

us," Ronald Badkirk. civilian chief ^if ^J'h'' J^t/f "^'"^ '"!^^' ni^^ro;. ."'^''? "IJ^"" the rigid i sLstant professor of EnglLsh; Ed-
carpenter, said. "I went up on ^f ^'^ .w ^"f. ""' ^ '"" tinnlnL^'K ^tl^^■'*°"^^^^ "^- ^*^<^ Hetzel Schafer. assLstan pro-
deck and jumped in the water and fl""'"'^ \'^'' ^^'T ,^"""""^ /^ To^. .^h^^^ program." tessor of oriental languages; Pau-
swam to a ra t." * '° persuade the regents to retam the Topic of his address was "So- line Spern^, associate professor o"

"There were about 20 people o,,'^^"^^^' "^^"^^r^" ,,,,,, Gr^^n I'Ty^''^-. \^"--^r niathematics; Edward C^olmar
thp rflft i»/ki«r, o Tvjo.,,, ^ u 1 Neylan .quoted Bechtel's letter. Growth on the Body Politic." professor nf ncvr-hni^^n^. ^ '
^he^^raft when a Navy tug showed ,,,,, ,^ ^, ,,.,^ The doctor declared, "under the S^x^rwick S ofo;:" Sc."

ThP fircf „,. ♦ 1 ^ * "Frankl>. Prof. Hicks. I think scheme I was forced to handle t,. „, , proies.sor ot ph>sic..

Armv tucL^Tar^l ?r^p T fa' ^^e nonsigners should, in everv ^« ^^^y ^^ ^ Patients per day. ^c ^^^ ^^«"^ ^^^er campuses
^^« J? i^- ^^i''^' ^^' case, immediatelv make the direct ^t was necessary to run 20 pa-l^^'

L^ i\. corpsman from Cotton- statement, 'I am" not a member of|^«"^s P^^ hour through my office.^ ^^hn Caughey. professor of his-
^nr fh ^''^'^'^^ "" ^^^ ^^^^^ the Communist Partv.' either in ^>' American standards three min- ^°^y- UCLA; Charles L. Mowat ^
more tnan an nour. ^^^^^ contracts, which have been "^^^ P**^ patient is hardly enough Professor of history. UCLA; John

1 v^-as going oyer the side and offered to them, or in a separate ^° Provide an adequate diagnosis." O'Gorman, assistant professor of

life raft hit me. he said. 'The ipttP. ,^ .u. Pr^.irt.nt «f .v,: tt„: "' ^ ' ^u__.__ „ . _ .

LiJJfi "^' K T^.r . ^^^ letter to the President of the Uni- ^^ ^^^^^ ^^^^ o"^ «f the more chemistry, Santa Barbara; David

Benevolence was about half m th. ^^„ity or the Board of Regents ^^*^^^ «"**^ts of the "Utopian Saxon, assistant professor of phxs-

water when I last saw her. ■ ..^^^^ ^ statemem would put an J"*^^'^^^ ^^^^^"^^" "^^^ '^ ^^^«te a ics UCLA, and Hans Weltin. ag.

The two ships hit with a hell ^^^ ^^ ^his time and enerev ab- ^^^"lendous backlog of hospital pa- s's^ant professor of physics, Santa

''^ ^ ^'*'^- . sorbing controversv which is so li!"^T^^"^ ^°'' ^^^ ^^°^'''^^ °^ ^fv?/'^

''<^^- unes.sential and unwarranted." ^^^?. ^ improved. FfVE TO SIGN

Kef Inflated
Asseh-Claim

Fight by 11 East Bay cities
against a rate increase asked by
Key System will continue before
the Stale Public Utilities Commis-
sion Monday.

In testimony yesterday, a certi-
fied public accountant charged that
the company inflated its assets in
1930 and has been using the figure
e\^r since in rate increase requests.
Another witness charged that
the present generation is being
burdened with the cost of "horses"
that died during the last genera-
tion.

The accountant, D. A. Sargent,
representing the cities, including
Berkeley, Albany and El Cerrito.
testified that when Key was sold
in 1930 its assets were listed at
$8,00.5.200. After the sale, the as-
set*; were listed at $28,600,000. he
said, when the figure should have
been about $12,000,000.

Perry Mason, University of Cali-
fornia accounting professor, said
the company failed to take into ac-
count the "creeping obsolescence"
of rail facilities, with the result
that present bus riders are being
required to pay for it.

IU(

;tJoi
de
mo<
j hel(

Deti

Oai

sak

mai

Huj
[ vert
j H^

ic.

fornl

Lt-

Hilai

at

Waj

manf

Tl
partii
tromj

A
next
OxfDi

Jii
SPl

MIsh

Another survivor. Llerov Mei

a Navy hospital man, second class. Qf the 31 professors Eiven 10 Malingering and hypochondri- The following five facult
was suffering from shock as he was ^avs to sign the contract or "be ^^^^ ^^"^ becoming the national bers. originally in the list
hrnntrht tr. ch«r.« & traits Under socialized medicine, since have filed notice of intention

brought to shore.

asis are becoming the national bers. originally in the list
discharged, most are emploved on H^'u ""u'^^'' socialized medicine, since have filed notice of int
thP RprkplPv rnmr.,,. .. '. .u. LV^«« ^^" observed that the to sign and will be retained:

"My God. I don't know what the' the Be?kelev camnu'- T^^^'I^^ ^" ^^" observed that the to sign and will be retained:

Old Man was thinking about going gan Francisco Medical CentPr ' ®"^'*^ ^^^^^ ^^^ ^^ ^^ ^°^»"e Walter W. Horn, professor of

at full speed in that fog," he cried. p^..^^ to the oath vote Pre.' ^^^ ^^^''^^^' °^ ^^'^'"^ themselves." art; Gordon Meiklejohn. assistant

_ "One of my shipmates jumped." d^nt Snm.,] vi«ihw ^^.i.^^ f" ^ ^^'^- profe.ssor of medicine; Dorothy

dent Sproul. visibly worked up

'One of my shipmates jumped
him. but it was too late. ... I won- p^^t the anti-Communi-.t policy of ^P^ Diamond Sale

. by

Bird Nyswander. professor of pub-
lic health; Joe Tussman. assistant
professor of speech, and Jacob
Yerushalmy, professor of biosta-

derwhat happened to all the nurses .he Regents, that we not employ 'The Korean situation, and the ^.^^^^

^ members of the Communist Partv subsequent rush for the marriage »p^ ' # i, •

Thr»» KlW^M 7 7 Uur* However. I believe these 31 per- license bureau, has added greatly i -"LJi^'l'!^^^ lu ? I'

i ff . 5. ' V "*"^^ «""•"= h«ve been screened most to a substantial mcrease in the Tg^^r.Vd f ^' ? l.^ ^''' ^^
By Flash Fire in Hofe/ thoroughly. Tlie good of the Um- sale of diamond engagemem and Uons ^""""^^ ^°'"

DENVER. Aug. 26 {U.R)_Two I ^^^^ity will be kept by keeping wedding rings during the jJast 60 e^Jj^ Erlkson Iprtnr^r i
persons lost their lives and 11 were i t^**se people." days," it was reported today by chiatry • Leon Lewis as7f^i«?p SL'

iniured when a flash fire, appar- ^^ "i^st is.sues. the Regents G. J. Gensler, president of Gensler- lessor of public health- Kenneth
ently started by a careless smoker, lined up this way: L«e. California diamond specialists, ^ j^^^^ assistant professor of

swept through a downtown Denver ^ne majority: Brodie Ahlport. Gensier-Lee retail stores all over economics'
hotel early today. Lo-^ Angeles; J -hn Canariay. Los the State have noticed a steady; The following five facultv m#»m

Hospital attendants said that ^^S^^^s; Sam Collins, speaker oil cl"nl> m diamond sales, and during bers who were discharged two

-three dt the injured were in a crit- I 71 ~ * ^°"^ distance call to their chief ^onihs ago because they^d n^t

««„^ ..r ,„^nly in Amsterdam npo^ive thP r^nnn^mPn^Plion of thei

'«• .

-# # — if aourop o*

Nips
Wedding Plans

i Plans for the wedding of a
Berkeley couple were called off
today after serious injury to the
20-year-old prospective bridegroom
in a freak accident in Orinda.

Injured when a six-ton tractor
ran over his leg. Earl Hobbs, of
1528 Ada St.. was in serious con-
dition at Herrick Hospital.

He was to have married Joyce

Jackson. 21, of 1528 Ada St.. in a

ceremony at the chapel of the First

Congregational Church tomorrow

at 4 p.m.

The mother of the bride-elect,
Mrs. Augusta Jackson, said that
the wedding had been postponed tu
an indefinite date.

Young Hobbs, employed by the
A. J. McCosker Contracting Co.
had unloaded a six-ton tractor from
a truck on Brook wood Rd . near
Orinda Crossroads, in nreoaration

The!
news
tions
b€H?auj

Jai
ber-
sin.
post ti
relati(
xnits.

Soul
namedl

A r

uate.

Calif c!
ing S(
quentl;
most
men.

Durii
publici^
deo. ai
Grape
for fr?

He
San Fi

Senfi
Cor-i

. Thrc<
[fleers

meda

day on I

ing two I

lots.
I A 1u]

ained more than a mile
g:ainst defending South Ko-
ean forces along a 70-mile

pont today (Saturday).

West of Taegu, however, the Amer-

kan 2d Infantry Division opened a

|ull-strei Ri,h attack against the last

ommunist bridgehead on the east

)ank of the Naktong and all but

Mirounded 3000 Red troops en-

cenched 13 miles southwest of

Taegu for more than a week.

Attacking Red forces in the

Northeast gained 2000 yards last

fight and early today. They seized

le mountam village of Sudong. 13

liles north of Taegu and three

liles north of Taegu and three

kilrs .southwest of Mt. Pugye, cap-

tvc6 by the Communi.sts yesterday.

[To the east along this .same front

ipi Communist forces attackea

thp Pohang front and gamed

30 to 3000 yards north of Kigye

kamst the South Korean Capital

ivision lat>e yesterday. An 8th

ly communique today said this

tack has been stalled.

VE DIVISIONS

Inited Press Correspondent Jack

les reported from the Northern
>nt that elements of at least five
possibly six North Korean di-
)ions— 50,000 to 60,000 men— may

I'e been identified In action along

Northern front.

Joth front line and headquarters
icers believe the Communists
ve shifted their main strength to
East after failing to smash
)ugh United Nations lines on the
In road north of Taegu.
the South Korean 1st Division
ending this road in the area 12
ts north of laegu attacked in
strength and gained nearly a
U. S. 8th ArrtO' headquarters
Jrted.

le attack was made in the
ihwa area 12 miles north ot
ju. It was from this area that
North Koreans shifted their
»s t-o the East after failing
SIX days of heavy attacks to
Ik through lines held by the

27th Infantry Regiment.
^1 three regiments of the South
ean 1st Division were throw^
the assault. The left and cen-
[ regiments gained 1000 yards,
8th Army headquarten-^ re-
ed, while the 3d Regiment on
right flank advanced 1500 yards,
le hundred Communists were
and 42 taken prisoner, the
lunique said.

i^as beheved the South Korean

)ivision's attack was to secure

5st possible defense positions

the Kumhwa-Taegu road so

[positions there could be stabil-

6y CAROLYN ANSPACHER

"The sea was full of heroes
and I can't remember a god-
damned name . . .'*

The big kid was wrapped In
a terry cloth hospital robe,
dirty white and stained with

ted Press Correspondent Rob-
»rmillion reported that Amer-
ind South Korean officers in

irea have agreed that United

IS forces won the first round

battle for Taegu by stopping

hitinued on Page 4, Col. i

Index

ch News 6

|cs 11

p ord Puzzle 7

>a 4. 5

brial:
le Seizure of the Rail*" 10

• '•f 12. 4H

ird Lyon* 2

and Tclrvision 3H

StatisticR 7

sn's World x

coffee. He was leaning against the
wall of the Marine Hospital and his
eyes were red rimmed and the lids
were crusted.

His two hands clutched a paper
cup of coffee and it rocked with
him as he tried to remembert

'I cant remember n name," he
said, oblivious of the scores of men
around him.

"I guess wp were in the water
about tvro hours — maybe two and
a half, after the Benevolence was
hit. There wasn't time to get the
boats over. Some didn't even have
hfe belts.

"Someone. I can't remember who,
started playing ring around a rosy!
Only it wasn't a game. It was to
keep us alive. We formed a circle
with our hands to stay afloat. And
the ring got bigger and bigger. And
when one guy got a cramp or start-
ed to go down, we hauled him over
our arm.s and held him until he wa.s'
better. And then there were more
circles, and more men hanging over
the circle— being held up. being
held up to keep alive . . ,

"Then the boats came and the
circle got smaller. Then there wasn't
a circle any longer."

The kid gulped the coffee an
wandered off, into the crowd o
men and doctors and nurses.
I DON'T KNOW . . ;

Tom Matthews, 23, a Merchan
vlarine yeoman aboard the hospit^f
hip, had a harder time talking. He
was shocked into an agonizing
stammer.

"I don't know what happened."
he said. "I was below, getting cof-
fee. There was a huge crash and
she started to keel over— not too
fast. I was lucky. T managed to
slide ea.sily into the ocean. It
viasn't dark.

"There wasn't anything except
fog.

T didn't hear any .screaming.
Maybe I wasn't listening. I can't
swim. I was thinking about that.
I found a life jacket and got into it
and stayed afloat until the Coast
Guard came.

"Now I'm waiting for my father.
LesUe. He's going to take me home.
I live at 2008 Fifteenth avenue."

Matthews' recitation stopped. He
was caught in the swift, sure me-
thodical program established at the
hospital.
♦I MISS THAT CHOW

Earl Cox. 22, of Richmond, a
small, taut merchant mariner, was
a little brighter about the cata-
strophe.

"Sweetheart," he grinned. "I was
in the mess hall. I had tray in hand
when we got hit and as a result I
missed a lot of very good chow. I
miss that chow. I could use it now."
He swaggered under a large brown
bathrobe.

'There was a terrible noise." he
said. "Then in two and a half min-
utes our Benevolence had a 45
degree list. It went like that,

'There were about 200 men in the
mess hall. I guess. Wed begun hav-
ing chow at 4:30 and this wbs about
3:02.

"Everybody began pushing — up-
hill. There was a full crew of 178
and yard workers and nurses and
Continued on Page 8, Col. 7

*■"

^:>-«y->

Like many ofheri, this survivor was in a
state of shock as he was aided from a

11 I , ''■ photo

small boat to shore. He was picked up
*f sea.

Bridges Released

Longshore Leader Freed on Bail
After the Appeals Court's Order

By PETER TRIMBLE

Harry Bridges was released from
jail yesterday by order of the Ninth
Federal Court of Appeals.

The CIO longshore leader was
freed at 10:45 a. m. after posting a
$25,000 bond. He is now appealing
a perjury-conspiracy conviction of
last April.

Bridges had spent 20 days in the
county jail on Government charges
that he was a convicted felon too
dangerous to the country's security
to be allowed freedom on bail.

The appellate court, in a 2-1 de-
cision Thursday, .sharply diflered
\nth the Government charees. It
ordered Federal Judge Georce B.
Harris August 5 decision to jail
Bridges "set aside and vacated."

Bridges, clad in a natty gray suit,

blue and yellow necktie and a gray
snap-brim hat. left jail carrying a
box full of books and a small bun-
dle of clothing,

"The whole country is in prison.'
he said a.s he leit. "I'm not out.'

Bridges" attorneys had tried fran-
tically to have the longshore chief
released late Thursday afternoon
but Federal Judge Michael J. Roche
refused to reopen his court to clear
final legal technicalitie.s.

Bridges' release wa.'; . brought up
as the first matter yesterday morn-
mp on Judge Roche".* calendar and
the Judge .signed the order freeing
the longshore leader. There was no
oppo.sition to the move from U. S.
/ -- -,py Frank J. Hennes.sy. repre-
- the Goveinment.

The defen.se attorneys immediate-
Conttnued on Page i, Col. 4

UC Regents
Vote to Fire
Nonsigners

University of California re-
gents voted 12 to 10 last night
to discharge 31 faculty mem-
bers unless they sign a special
loyalty declaration within ten
days.

And hi so doing they said that
Communism was not the issue in-
volved, but rather obedience by the
faculty to the board.

The majority portion was tem-
pered somewhat by a decision that
non-signer.s v.ho choose to rcsigr.i
will receive either a year's salary
or payment until they find other'
employment. Those who refuse to
eslcn v ill be di.>m!5sed without^
compensation.

It was estimated that the sever-
Continued on Page 3, Col. J

A U. S. Navi
aboard collided wifl
four miles west of f\
day afternoon.

With « n^d't¥g
sank within If minuf]
fht f loomy, gray mitt

Seventeen person]
were still missinf, the
the de»d was a womai
U. S. Naval Hospital Shj

The crash occurre<
visible from San Francis
The freighter inv<
Luckenbach, owned by
tain. L. C. Smith, kci
survivors.

He radioed his offj
almost headon.

Details on the caui

survivors agreed the t'

bearing down through tl

The Benevolence bel

freighter ploughed on ai

Navy Captain Barton E.
49. commanding the Bene^
was one of the survivors tal
Oak Knoll Ho.spital In Oaklai
told a reporter:

"Captain Havens, a civilian
pilot, was piloting. He first
me. *I hear a whistle.' Ci
Havens then ordered full st(
full right rudder— then the!
appeared. While we were n
the turn it hit us."

Captain Bacon, who floate<
life belt for two hours, sai(
order was given to abandon
We didn't think the ship was
to sink."

One of the more than 40(
cued — Leroy Meier, a second
Navy corpsman — declared:

*My God, I don t know whs
old man was thinking about
at full speed in that fog.

"One of my shipmate frl
jumped. Then I saw him cut in|
by the propeller. I tried to
lim but it was too late . , ."'
RESCUE CRAFT

At midnight at least 15 i
craft were still poking through]
-wirling log, the mournful blai
their fog horns mingling with
cries from struggling men in
dark water.

It wa.s e.stimated there couk
no positive figures on the nui
of dead, injured, missing and
cued until late today. Boats
tinued to bring m their sur\ii
and dead in a steady processior
Fort Mason.

A certain amount of confus
was inevitable as a fleet of Ai
Forces and civilian craft part^
pated in the continuing rescue
forts.

HARBOR CLOSED

In one of maiiy emergency mej
lues taken through the night.
Coa,5t Guard ordered the Port
San Francisco closed to all sh
until further notice— to prote-
survivors who still floated i;.

Names of tl
Crash Victi

Four of the 17 known dead h^i
bc^cn identified. '1 hey are:

Uilliam D. Flock. '26. O.oviile.

Christopher C. Crov-!. 28, Rt.
Woodland Park. Knoxville. Tenn.

Miguel B. Cuevas, a civilian wait^
aboard the Benevolence, no addre;

f 5^c?

-^

FII/IED IN T^ SECTIONS

il Seizure

[uman Orders Army Action
imorrow; the Strike Is Off

WASHINGTON, Aug. 26 (U.P)— President Truman today
Id Federal seizure of the railroads Sunday to prevent a
il strike.

>e two rail unions, which had called th estrike for 6

a. m.. Eastern Standard Time Mon-

ittvQl^M day. responded by postponing it

yalwl "indefinitely." They called the

ises Pay
120,000

^OIT. Aug. 25 <UP)— Chrysler

iay voluntarily raised wages
[cents an hour for its 120,000

*s.

per. after a bitter 100-day
liis spring, had signed a con-

th no wage reopening until
151.

Increase brings Chrysler's
wage to $1.71 an hour,
I in the industry,
^er estimated ^t would cost

Dany $25,000,000 a year, but
^man said no price increases

itemplated.

^ew scale goes into effect
for workers paid by the

^laried employees will get a
)le 7 per cent raise Scp-

^W estimated the raise will

iryslers average wage to

hour, highest in the in-

Lle

^1 Motors now pays about
hour average under its
mth - old contract. GM
based on a sliding cost-
scale and the contract
js annual increases of 4
hour for five years.

^r, unlike OM, granted no

increase in a contract

>y 4 after a bitter 100-day

"he agreement provided

^thly pensions and insur-

sfits to cost 11 cents.

the contract, Chrysler did

' to consider new economic

^il June, 1951.

Conder, the company's

tions director, said the pay

tas proposed to UAW offi-

20. Both sides met four

cing ottt details.

rONS CHANGED*

[said "We felt this was the

lo because conditions have

.since the contract was

[believed Chrysler wanted
len its bid for workers in
Jy-tight labor market of

Kt ended the wave of wild-
Ks which have plagued
recently.

already had asked Ford

contract volunarily for

new wages. The union

increases since the Korean

[out benefits gained In the

''ord pact.

fused on the ground the
)ited new pay talks until
11

President's action a "tremendous
victory for our people."

Mr. Truman ordered the Army to
take over the railroads at 5 p. m.
(EDT) Sunday.

Secretary of the Army Frank C.
Pace Jr. designated Assistant Army
Secretary Karl R. Bendetsen to run
the seized rail lines.

Pace said "every effort will be
made to insure protection of the
public interest through uninterrupt-
ed railroad service without impair-
ment of normal operations."
'ESSENTIAL' ACTION

The strike had been called by the
Brotherhood of Railway Trainmen
and the Order of Railway Conduc-
torr. It would have affected all rail-
roads of any consequence in the
country.

The President said his seizure ac-
tion was "essential to the national
defense and the security of the Na-
tion, to the public health and to the
public welfare generally."

He said the Grovernment had to
take every possible step "to a.ssure
to the fullest possible extent contin-
uous and uninterrupted transporta-
tion service."

"In the strike situation confront-
ing us, governmental seizure is im-
perative for the protection of our
citizens" he said.

The Presidents executive orde
provided that existing contracts

tween the railroads and the twoP^^ ^"^^ conscientious objectors ap«>

.fi plied ■■

unions would continue in effect
without prejudicing a final settle-
ment between the carriers and the
workers.

USUAL OPERATION

The seizure order followed days of
fruitless negotiations between the,
carriers and the unions at the White
House under the sponsorship of
John R. Steelman, Mr. Truman's
trouble-shooting assistant and Spe-
cialist on labor problem*.

The President authorized Secre-
tary Pace to delegate his authority
in operating the roads as he sees
fit. Private management of the car-
riers will continue Its functions "to
the maximum degree possible" con-
sistent with the purposes of the
seizure order.

The Army control of the railroads
thus will be largely on paper. There
is no prospect that soldiers will have
to man trains.

The dispute between the railroads
and the two unions is 17 months old.
The unions are demanding a 40- hour
week with the same pay that they
now receive for 48 hours for yard-
men. This would require a 31 -cent -
an-hour wage boost.

A fact-finding board approved the
40-hour week for yardmen, but rec-
ommended only an 18-cent-an-hour
boost. It recommended no false for
the roadmen. The unions rejected
the board's findings.

More About
UC Firing

Of Nonsigners

Continued from Page 1

ance pay proposed, if accepted by
all the non-signers, would cost the
State $224,000.

The most vigorous pro-loyalty-
declaration Regents said during the
five-hour debate that not one of
the non-signers was a Communist.

AH- had been carefully screened,
and as a group, said they "abhor
Communism." But they said their
academic freedom was jeopardized
by demands for special loyalty dec-
larations other than the standard
pledge of allegiance taken by all
public officials.

"Do I understand," Governor
Warren asked, "that we are firing
these people merely because they
are recalcitrant?"

"It is not a qustion of Commu-
nism," said Arthur J. McPadden,
"but one of discipline."

Attorney John Francis Neylan,
who spearheaded the driVe against
the nonsigners, made the original
rrvotion that the group be given ten
days of grace, and offered the pro-
posal for severance pay.

NEYLAN'S POSITION

I am making this motion because
I feel these people are the victims
of a misunderstanding," he said.
"The whole matter has been widely
misrepresented.

"They believed that the alumni
compromise accepted by the regents
last April made a hearing before
the Committee on Privilege and
Tenure an alternative to signing the ■
declaration when, in fact, it meant]
no such thing. J Continued from Page 1

"The hearings were offered onmt^ served the order on Deputy U. S.
. discover who among the no5p^*"^*^^ Lawrence Mclnerney.

gners might have religious scruplJB Locked behind the heavy wire

man of the hour, but he shun
and looked sheepish and she gigj
"I'm afraid of him." Crowds ga-
ered. A panhandler took it all
with a dim look. "Go on. kiss
anyway," cameramen coaxed
Bridges. She didn't, though.

BRIDGES AND DEPUTY MARSHAL MclNER^4EY^
He carried books and clothes out with him

More About Harry Bridges'
Release on $25,000 Bail

^^!

Yesterdays action by the board,
taken after long and bitter and oc-
casionally violent debate, reversed
the vote taken a nwnth ago when
the regents balloted, 10 to 9. to re-
tain the nonsigners.

SPROUL OVERRULED

It constituted a repudiation not
alone of the Committees on Privi-
lege and Tenure of the Academic
Senate, but also of President Robert
Gordon Sproul, who had urged re-
tention of the nonsigners.

The issue flared almost as the
session opened in the packed Re-
gents' chamber in the University
Administration building on the
Berkeley campus.

After an hour-and-a-half parlia-
mentary wrangle. Governor Warren,
as presiding officer, ruled that the
Regents had no authority to recon-
sider their decision of last month.

The majority group rejected the
Governor's stand that reconsidera-
tion of appointments was illegal,
and voted 12-10 they had the right
to reopen the case. They followed
this with the same majority vote
^0 dismiss all non-signers.
REGENTS' DIVISION

Besides Neylan, the majority group
Included Regents Fred Jordan,
Arthur J. McFadden. Goodwin J.
Knight. John Canady, Edward Dick-
son, Sidney M. Ehrman, Edwin W.
Pauley. Brodie E. Ahlport, Norman
F. Sprague. Sam CoUini and
Maurire Harrison

doors of the blue and gold prisoner's
van. Bridges was driven from County
Jail No. 1 on Kearny street to the
Poet Office Building at Seventh and
Mission streets.

The union chief was brought be-
fore U.S. Commissioner Francis St.
J. Fox to sign the order admitting
him to bail. As he rapidly signed
the form, he cracked: "It seems like
we do this so many times."

Fifteen minutes after Bridges left
the Federal Post Office building,
where bail was posted, he walked
into his union headquarters at 150
Golden Gate avenue with his wife,
Nancy, and attorneys.

Some 20 staff members of the
ILWU and friends were on hand to
greet him. He waved, said hello,
and went Into his private office.

"There's nothing in your office,"
Mrs. Bridges said. "I cleaned it out
while you were gone."

The union chief sat in his big,
leather-covered chair, lighted a cig-
arette, put his feet on the desk and
went into an informal- conference
with union officials and attorneys.

Bridges had been sent to jail after
Government Prosecutor Donohue
declared the union leader's position
on Korea and waterfront loyalty
checks made him a menace to na-
tional security.

DONOHUE'S REACTION

Informed the Appeals Court's
action. Thursday, Donohue had de-
clared he would resign his position
as special assistant to the U.S. At-
torney General. -Qod help Amer-
ica." was his reaction to the court'.«!

was possible under the Govern-
ment's foreign policy in Korea.
Formosa. Indo-China and the
Philippines. 'It means a third
world war," he said.

Bridges declared Government
Prosecutor Donohue was a ".scape-
goat." The Administration, he said,
was not going to be saddled with
Donohue's statement that "there
is no room for a minority opinion."
"How are we going to sell democ-
racy overseas with that kind of a
program?" he asked.

Bridges' greatest bitterness was
saved for Judge Harris. "I think
there is a better chance of getting a
fair and unprejudiced decision in
the Appellate Court than from
George B. Harris, " he said. "I had
no chance before him."

"My union has decided It made
the biggest mistake in Its history
when it voted to support that guy
for the Federal bench," he said.
COURT'S OPINION

Judges William E, Orr and Wil-
liam Healy wrote the majority
opinfon freeing Bridges. Judge Clif-
ton Mathews dissented.

"We are obliged to point out,"
the concurring judges wrote, "that
there is no showing that Bridges
has ii) the present position com- 1
mitted any recognizable crime, or
that he has himself counseled or
advocated sabotage or sought to
foment strikes or the establishment
of picket lines on the waterfront.

"The contention of the Govern- ^
ment seems to boil down to thi.s:
That Bridges was convicted of con-
cealing membership In the Com-
munist party, since late in June the
United States has been at war with

miiy $25,000,000 a year, but
lan said no price increases

itemplated.

lew scale goes Into effect
for workers paid by the

ilaried employees will get a

ible 7 per cent raise Sep-
II.

^AW estimated the raise will
phrysler's average wage to
hour, highest in the in-

LLE

il Motors now pays about
hour average under its

lonth - old contract. GM

fe based on a sliding cost-
scale and the contract

^es annual increases of 4
hour for five years.

Jr. unlike GM, granted no
increase in a contract
lay 4 after a bitter 100-day
iThe agreement provided
ithly pensions and insur-
jfits to cost 11 cents,
[the contract, Chrysler did
to consider new economic
|til June, 1951.

Conder, the company's
^tions director, said the pay
^as proposed to UAW offi
20. Both sides met four
rking out details.

tONS CHANGED*

said "We felt this was the

Jo because conditions have

since the contract was

believed Chrysler wanted

^hen its bid for workers In

ly-tight labor market of

?t ended the wave of wild-

5.S which have plagued

recently.

IW already had asked Ford
]it5 contract volunarily for
new wages. The union
[increases .since the Korean

^out benefits gained in the

■ ord pact.

fu.sed on the ground the

Ibited new pay talks untU

11.

roads of any consequence in
country.

The President said his seizure ac-
tion was "essential to the national
defense and the security of the Na-
tion, to the public health and to the
public welfare generally."

He said the Government had to
take every possible step "to assure
to the fullest possible extent contin-
uous and uninterrupted transporta-
tion service."

"In the strike situation confront-
ing us, governmental seizure is im-
perative for the protection of our
citizens" he said.

The President's executive order

lays 01 grace, and offered the pro
posal for severance pay.
NEYLAN'S POSITION

"I am making this motion because
I feel these people are the victims
of a misunderstanding," he said.
"The whole matter haa been widely
misrepresented.

"They believed that the alumni
compromise accepted by the regents
last April made a hearing before
the Committee on Privilege and
Tenure an alternative to signing the
declaration when, in fact, it mean
no such thing.

"The hearings were offered on
discover who among the no

BRIDGES AND DEPUTY MAKoHAL McINERnIy
He cjrriad booki ind clothtt out with him

provided that existing contracts be-P^"®" "^^^^•^ ^*^* religious scrupl

tween the railroads and the two
unions would continue in effect
without prejudicing a final settle-
ment between the carriers and the
workers.

USUAL OPERATION

The seizure order followed days of
fruitless negotiations between the,
carriers and the unions at the White
House under the sponsorship of
John R. Steelman, Mr. Truman's
trouble-shooting assistant and spe-
cialist on labor problems.

The President authorized Secre-
tary Pace to delegate his authority
in operating the roads as he sees
fit. Private management of the car-
riers will continue its functions "to
the maximum degree possible" con-
sistent with the purposes of the
seizure order.

The Army control of the railroads
thus will be largely on paper. There
is no prospect that soldiers will have
to man trains.

The dispute between the railroads
and the two unions is 17 months old.
The unions are demanding a 40-n3ur
week with the same pay that they
now receive for 48 hours for yard-
men. This would require a 31-cent-
an-hour wage boost.

A fact-finding board approved the
40-hour week for yardmen, but rec-
ommended only an 18-cent-an-hour
boost. It recommended no false for
the roadmen. The unions rejected
the board's findings.

you have a date today

(Saturday)

Macy's

San Francisco

college
fashion

parade

an informal shozc'ing of

thrifty new fashions

for *rourd the clock.

1 p.m. and 3:30 p.m.

Macy's budget shops, second floor

No such conscientious objectors apr
plied."

Yesterday's action by the board,
taken after long and bitter and oc-
casionally violent debate, reversed
the vote taken a nwnth ago when
the regents balloted, 10 to 9, to re-
tain the nonsigners.
SPROUL OVERRULED

It constituted a repudiation not
alone of the Committees on Privi-
lege and Tenure of the Academic
Senate, but also of President Robert
Gordon Sproul, who had urged re-
tention of the nonsigners.

The issue flared almost as the
session opened In the packed Re-
gents' chamber In the University
Administration building on the
Berkeley campus.

After an hour-and-a-half parlia-
mentary wrangle, Governor Warren,
as presiding officer, ruled that the
Regents had no authority to recon-
sider their decision of last month.

The majority group rejected the
Governor's stand that reconsidera-
tion of appointments was illegal,
and voted 12-10 they had the right
to reopen the case. They followed
this with the same majority vote
to dismiss all non-signers.
REGENTS' DIVISION

Besides Neylan, the majority group
included Regents Fred Jordan,
Arthur J. McFadden, Goodwin J.
Knight. John Canady, Edward Dick-
son, Sidney M. Ehrman, Edwin W.
Pauley, Brodie E. Ahlport, Norman
P. Sprague, Sam Collini and
Maurjre Harrison

Supporting Sproul were Governor
Warren. Victor H. Hansen, Roy E.
Simpson. William G. Merchant.
Edward H. Heller, Earl J. Fensten,
Jesse Steinhart, Cornelius J. Hag-
gerty and Franham P. Griffiths,
who rose from a sick bed to attend
the session.

Absent from the meeting were
L. M. GianninI, whose resignation
over the loyalty dispute has not yet
been accepted, and Fleet Admiral
Chester W. Nimitz.

Nimltz. out of the stat« on official
duty, telegraphed Governor Warren
this message:

"If present I would vote against
reconsideration and would vote to
sustain the president and his recom-
mendation to retain nonsigners as
members of the faculty."

It was disclosed at the meeting
that of the original nonsigners. five
had changed their minds, and had
accepted the declaration. They were:
Walter H. Horn, acting chairman
of the art department; Gordon
Meiklejohn. assistant professor of
medicine; Dorothy Bird Nyswander.
professor of public health; Joe Tuss-
man, assistant profes.sor of .^speech,
and Jacob Yernshalmy. professor
of biostatistics on the Santa Bar-
bara campus.

The regent.s voted unanimously
that these five should be reinstated
u of July 1.

More About- Harry Bridges'
Release on $25,000 Bail

Continued from Page 1

ly served the order on Deputy U. S.

arshall Lawrence Mclnerney.

Locked behind the heavy wire
doors of the blue and gold prisoner's
van, Bridges was driven from County
Jail No. 1 on Kearny street to the
Post Office Building at Seventh and
Mission streets.

The union chief was brought be-
fore U. S. Commissioner Francis St.
J. Fox to sign the order admitting
him to bail. As he rapidly signed
the form, he cracked: "It seems like
we do this so many times."

Fifteen minutes after Bridges left
the Federal Post Office building,
where bail was posted, he walked
into his union headquarters at 150
Golden Gate avenue with his wife,
Nancy, and attorneys.

Some 20 staff members of the
ILWU and friends were on hand to
greet him. He waved, said hello,
and went Into his private office.

"There's nothing in your office,"
Mrs. Bridges said. "I cleaned it out
while you were gone."

The union chief sat in his big,
leather-covered chair, lighted a cig-
arette, put his feet on the desk and
went into an Informal conference
with union officials and attorneys.

Bridges had been sent to jail after
Government Prosecutor Donohue
declared the union leader's position
on Korea and waterfront loyalty
checks made him a menace to na-
tional security.

DONOHUE'S REACTION

Informed the Appeals Court's
action, Thursday, Donohue had de-
clared he would resign hLs position
as special assistant to the U.S. At-
torney General. "God help Amer-
ica." was his reaction to the court'.*;
decision.

Yesterday, In Washington, Attor-
ney General J. Howard McGrath
said he would not permit Donohue
to resign in protest because "he has
done an excellent job and is a fine
prosecutor."

McGrath said he was very dis-
appointed by the Appeals Court de-
cision but the Justice Department
would have to accept it. He said the
Government could not appeal the
court's ruling.

During a press conference held
in ILWU headquarters, 150 Golden
Gate avenue. Bridges declared he
had not changed his opinions re-
garding the Korean situation.

"I still hold those opinions and
I'm going to continue to hold them "
he said. "I can't forget that In the
courtroom the Judge said, 'I want to
know your personal opinions.' So I
told him what they were and he put
me in jail.

"I thought that thought control
was limited to Nazi Germany, but
that's not true. We are so far on
our way to a police .state here that
it's not even funny," the longshore
chief declared.

Bridges said "the Government
contracts that war requires are
all that stands between us and a
deep depression.'

As a "personal opinion." Bridget

was possible under the Govern-
ments foreign policy in Korea,
Formosa. Indo-China and the
Philippines. "It means a third
world war," he .said.

Bridges declared Government
Prosecutor Donohue was a "scape-
goat." The Administration, he said,
was not going to be saddled with
Donohue's statement that "there
IS no room for a minority opinion."
"How are we going to sell democ-
racy overseas with that kind of a
program?" he asked.

Bridges' greatest bitterness was
saved for Judge Harris. "I think
there is a better chance of getting a
fair and unprejudiced decision in
the Appellate Court than from
George B. Harris," he said. "I had
no chance before him."

"My union has decided It made
the biggest mistake in Its history
when it voted to support that guy
for the Federal bench." he said.
COURT'S OPINION

Judges William E. Orr and Wil-
liam Healy wrote the majority
opinfon freeing Bridges. Judge Clif-
ton Mathews dissented.

"We are obUged to point out,"
the concurring judges wrote, "that
there is no showing that Bridges
has ii) the present position com-
mitted any recognizable crime, or
that he has himself counseled or
advocated sabotage or sought to
foment strikes or the establishment
of picket lines on the waterfront.

"The contention of the Govern- 1^
ment seems to boil down to thisrj
That Bridges was convicted of con-
cealing membership in the Com-
munist party, since late in June the
United States has been at war with
the North Korean Communists;
therefore he is a menace and an
enemy to the security of the coun-
try."

The judges declared that premise
was "as startling as it is novel."

Judge Mathews In his dissent,
however, declared Bridges was in a
position on the waterfront to
paralyze West Coast shipping.

"A Communist party menAer
could wish no better position from
which to sabotage the American
war effort and give aid and comfort
to his North Korean Communist
comrades," Judge Mathews wrote.

He declared the Communist in-
vasion of South Korea presented
a "new aspect" In the Bridges case.

Bridges was convicted last spring
of falsely swearing he was not a
Communist when he obtained
citizenship In 1945. He appealed the
conviction immediately and was re-
leased on $25,000 bail.

Early this month, the Govern-
ment presented charges that Bridges
was a menace to national security
and asked Judge Harris to revoke
bail and order Bridges jailed.

The Judge, after hearing Bridges
on the witness stand, granted the
Governments request. His order was
reversed by that of the appellate
court which found Bridges "In the
present position " had not "com

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In yarn]
no dres(
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FIFTH

declared ht did not think peace mitted any recognizabl« crime."

i

THE HOSPITAL SHIP BENEVOLENCE

/

Regents Vote to Oust
31 on U. G. Faculty L

Directors Reverse Stand
On Loyalty Oath

The regents of the Univer-
sity of Cahfornia voted yes-
terday that thirty-one profes-
sors who have refused to sign
non-Communist oaths must
sign in ten days or be ousted.

The vote was twelve to ten in
support of the oath.

Developments at the final and
decisive meeting of the regents
on the oath issue were these:
i -By a unanimous vote, the
-*• regents decided the five
professors discharged i already
for refusal to sign may also be
pivpn ten days to change their
minds.

9 Also by a unanimous vote,
•^ the regents declared the
157 university employes below
professorial rank who wore
fired for not signing oaths may
be given an opportunity to sign
if they are otherwise recom-
mrndod for re-employment.
O— By a vote of eighteen to one,
' with three not voting, the
regents approved the payment
to ousted professors of sever-
ance pay consisting of their
sal?ry through June. 1951, the
end of the present academic
year. If they obtain new em-
ploy.r.ent, their severance pay
stops.

signing professors, the focal
point of yesterday's discussion,
was arrived at in this fashion:
a rechecking of university rec-
ords disclosed the number of
non-signers remaining during the
last month was actually thirty-
nine instead of forty as originallv
stated.

Of the thirty-nine, five have
signed the oath in the last two
weeks and three have resigned.

At the June meeting of the re-
gents in Los Angeles, the board
discharged 157 employes below
professorial rank and six profes-
sors, all non-signers.

It was announced yesterday
that one of the six had since
signed and been reinstated.

The twelve regents who voted

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VERBAL BLOWS

At the meeting, held on the
Bcr'r-'.,y c.^mpus. regents on op-
po-rte s'des of the oath issue
tv^i-d verbal blows for four and
a hilf hours. Yesterday's session
climaxed seventeen months of
controversy.

Th<» number of thirty-one non-

(Continued on Page 6, Col S)

Cool Coastal
Fog Forecast;
Sun Elsewhere

Bone-chilling fog will continue
along the ocean, but the sun will
shme during most of the day else-
where in the Bay area this week
end, the Weather Bureau oi-e-
dicted last night.

The bureau said there would
be little temperature change here,
but not quite so warm in the
interior valleys, where maximums
'•anged between % and 100 de-
?:rees yesterday.

Highs in the 'Bay roo:ion today
the forecaster said, may b^
around 65 at Civic Center. 72 at
Oakland Airport. 75 in San Mateo
and 82 in San Rafael.

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m/ffil) IN TWO SECTIONS

f •

Neylan Letter to Sproul
Clears Regent's Stand

Warned Against
Evasive Tactics

John Francis Neylan, at yester-
day's Berkeley meeting of the
regents, read into the record a
letter he had written University
President Robert G. Sproul, re-
futing a contention that the re-
gents would be breaking faith
with the university faculty if they
voted to fire the thirty-one who
lefused to sign a non-Communist
oath.

The allegation of a breach of

faith was made Thursday by a

group of nine regents, including

President Sproul and Governor

Earl Warren.

Neylan's letter was based on
the fact that as early as the end
of March, 90 per cent of the fac-
ulty had voted in favor of a non-
Communist statement.

'APRIL LETTERS—

Neylan's letter, written on
April 22, follows:
I Dear President Sproul:
! Have tried to reach you by
telephone since 9:15 this morn-
ing.

I have been besieged with
questions concerning quotation
of yourself by Professor Hicks
in statement to press. He
quotes you as saying non-sign-
ers of new contract provision
will not be dismissed in spite
of unwillingness to sign the
suggested contract.

Believe it vital to welfare of
University that you correct im-
mediately this absurd interpre-
tation of yesterday's action by
Regents. This interpretation
would destroy the plan formu-
lated by the Alumni Council
and adopted by the Regents.
It would constitute a fraud on
the people of California.

EXACT QUESTION--

You will recall that on Thurs-
day afternoon you and I dis-
cussed this exact question after
the Alumni Committee had re-
jected a proposal which would
have made such an interpreter
tion possible.

You will recall you gave me
your assurance you understood
the position of the Alumni
Committee; that you con-
curred in it, and that you would
stand on it.

Failure of a forthright stand
by you immediately may pre*
Cipitate a disaster.

Regent Giannini warned yes-
terday that once again The
Regents were making conces-
sions to a dissident minority
which would take the conces-
sions and repudiate the bal-
ance of any agreement, a^ they

Non-Signers of

U. C. Oath

Listed

Regents Give 1 0 Days for
3 I to Reconsider

The following are the thirty-
one faculty members given ten
days either to sign the loyalty
oath or resign:

ARTHUR H. BRAYFIELD, as-
sistant professor of education.

ARTHUR G. BRODEUR, pro-
fessor of English.

WARNER BROWN, professor
of psychology.

JOHN W. CAUGHEY, profes-
sor of history.

HURBERT S. COFFEY, assist-
ant professor of psychology.

LEONARD A. DOYLE, asso-
ciate professor of accounting.

LUDWIG EDELSTEIN, profes-
sor of Greek.

STEPHEN ENKE, lecturer in
business administration.

WALTER D. FISHER, assist
ant professor of agricultural
economics.

EDWIN S. FUSSELL, instruc
tor in English.

ROBERT E. HARRLS, associate
professor of medical psychology.

MARGARET T. HODGEN. as-
sociate professor of sociology.

JAMES HOPPER JR., assist-
ant professor of medicine.

EMILY H. HUNTINGTON,
professor of economics.

ERNEST H. KANTOROWICZ,
professor of history.

HAROLD W. LEWIS, assistant
professor of physics.

HANS LEWY, professor of
mathematics.

JACOB LOEWENBERG, pro-
fessor of philosophy.

ANTHONY P. MORSE, profes-
sor of mathematics.

CHARLES L. MOWAT, asso-
ciate professor of history.

CHARLES MUSCATINE, as-
sistant professor of English.

JOHN M. O'GORMAN, assist-
ant professor of chemistry.

LEONARDO OLSCHKI, lec-
turer in oriental languages.

STEFAN PETERS, associate
professor of insurance,

BREWSTER ROGEBSON, as-
sistant professor of English.

EDWARD HETZEL SCHA-
FER, assistant professor of orien-
tal languages.

DAVIS S. SAXON, assistant
professor of physics.

PAULINE SPERRY, associate
professor of mathematics.

EDWARD C. TOLMAN, profes-
sor of psychology.

HANS WELTIN, assistant pro-
fessor of physics.

GIAN CARLO WICK, professor
of physics.

TO OUST
FftCULT!

Directors Reverse Loyalty
Stand; Rule All Must S

Oath

(Continued from Page One)

insistence on a non-Communist
oath from the holdout professors
were those who voted in the nega-
tive on a motion of President
Robert G. Sproul that the profes-
sors be retained.
Those twelve regents were:
John Francis Neylan, Brodie
E. Ahlport, John Canaday, Sam
L. Collins, Edward A. Dickson,
Sidney M. Ehrman, Maurice E.
Harrison, Fred M. Jordan,
Lieut. Gov. Goodwin J. Knight,
Arthur J. McFadden, Edwin
W. Pauley and Norman F.
Sprague.

i'he ten who voted for the re-
tention of the non-signers were:
Governor Earl Warren, Pres-
ident Sproul, Ear! J. Fenston,
Farnham P. Griffiths, C. J.
Haggerty, Victor R. Hansen,
Edward H. Heller, William G.
Merchant, Roy E. Simpson and
Jesse Steinhart.
Absent yesterday were three
regents, Admiral Chester W.
Nimitz, Roy E. Simpson and L. M.
Giannini.

Giannini, a strong supporter
of the oath, resigned when the
regents sought to compromise
but Governor Warren has never
accepted his resignation.

At the conclusion of the re-
gents' meeting, minority regents
and heads of faculty and alumni
groups opposed to the firing of
the professors withheld comment.
The oath issue arose yester-
day on Regent Neylan's motion
that the board reconsider its
action a month ago here.

At that time, with five regents
absent, the board voted ten to
nine to retain the thirty-nine pro-
fessors who were then still re-
fusing to accept contracts con-
taining the non-Communist oath.

NEYLAN MOTION

Neylan's motion to reconsider
yesterday precipitated a sharp
exchange on the question of the
motion's legality.

Those who favored retaining
the professors without their
signing the oath opposed the
motion on two highly technical
points.

The first was that Neylan,
who had voted against reten-
tion a month ago but then
changed his vote so he could
make yesterday's motion, had
not effected the change before
the vote was recorded.

Governor Warren, presiding,
overruled this objection and the
argument went on to the ques

Britain Demand!$
World Police

LONDON, Aug. 25.— (AP)— A
British commonwealth peace
group called today for an interna-
tional police force to handle out-
breaks such as the one in Korea.

The organization, known as the
New Commonwealth, was found-
ed in 1932 to work for interna-
tional peace. Winston Churchill,
leader of the Conservative Party,
is president of the British section.

of whether or not they are Com-
munists or Communist sympa-
thizers.

"Does anyone say that these
thirty-one non-signers are Com-
munists?" asked Regent Heller.
There was no answer. Regent
Erhman, who voted for the oath,
continued the argument with the
declaration:

"I see no reason for anyone
being exempted from the con-
tract with the oath in it.

"In times such as these we
should feel proud to give evi-
dence of our not Y>e\ng Com-
munists."

Neylan made a strong point in
his argument of the fact that
despite the wide publicity given
the oath controversy and the pre-
diction by a minority of profes-
sors that new teachers would be
difficult to find, President Sproul
reported to the meeting yester-
day the appointment of sixty
new faculty members.

After the oath had been sus-
tained by a majority of those
present, Regent Neylan quickly
suggested the thirty-one non-
signers be given ten days to
change their minds.

Regent Pauley, approving the
suggestion, said, "I hope they will
sign. In seeking academic free-
dom, we may lose our country."
The ten day resolution was
passed unanimously. Neylan then
moved that the five professors
already fired be given the same
grace period.

These five made no use of ma-
chinery set up by the regen*^s
for a review of their refusal to
sign, by the faculty committee
on privilege and tenure.

**Thcy stood on their princi-
ples and wouldn't talk to any-
one/* said Neylan. "I have
more respect for them than for
the thirty-one who went before
the conmiittee and said they
would take an oath if they were
accepting a government job or
that they would tell someone
else they were non-Communists
but not the regents."
Neylan's motion for a ten day
reconsideration period for the
five was carried 20 to 1, with
Regent Hansen not voting.

WARREN BALKS

On the question of Neylan's
motion for severance pay for
those who refused to sign in ten
days. Governor Warren balked.
"We are discharging these
people because they won't con-
form and we are saying they
have ten days to come in and

a

g(

in

fo
ot

fh

to

$1

feif

cri*

Hk

TO

I

on Thurs-
day aileinoon you and I dis-
cussed this exact question after
the Alumni Committee had re-
jected a proposal which would
have made such an interpretar
tion possible.

You will recall you gave me
your assurance you understood
the position of the Alunini
Committee; that you con-
curred in it, and that you would
stand on it.

Failure of a forthright stand
by you immediately may pre-
cipitate a disaster.

Regent Giannini wamed yes-
terday that once again The
Regents were making conces-
sions to a dissident minority
which would take the conces-
sions and repudiate the bal-
ance of any agreement, a^ they
liad repeatedly during the last
year.

!ALUMNI PLAN

In common with other Re-
gents, I accepted the Alumni
plan in the highest good faith
and on your assurance that as
administrative head of the
University you would admin-
ister it according to its terms
and the true intent.

On page two the Alumni
plan recites:

"Therefore, in the opinion of
the Committee, the question
becomes one not of whether
the faculty should declare
themselves Individually with
respect to membership In the
Communist Party, but rather
the best method of such decla-
ration."

The plan then sets forth the
method.

To say now that the plan
contemplated letting any and
all faculty members avoid the
declaration is absurd and ob-
viously fraudulent.
' I urge you to act promptly.

Strike Slows
Packard

Early Settlement Seen
By Official Here

Strikes have cut production of

Packard's 1951 automobiles dc .n

to one-sixth of schedule, Karl M.

Greiner, Packard vice p- 3ident

and general sales manager, said

yesterday at a meeting of the
Wc - dealers at Oakland's Clare-
jnont Hotel.

A special preview of the new
Packard 1951 line was held before
the largest gathering of Packard
dealers in California history. Pub-
lic showing is s ' '^duled for "^op-
tember 9.

Because Packard has been
Stockpiling its materials, Greiner
predicted that his company w'.ll
be able to turn out seventy-five
units per hour as soon as "ull
production is resumed.

He appeared optimistic over
pottlement of the strike and said.
••If the strike should end this

week end wc could resume pro-
duction on Monday. Our lines arc
filled with cars and ready to go."

At present Packard has no de
fense contracts, Greiner said.

sistant professor of English.

JOHN M. O'GORMAN, assist-
ant professor of chemistry.

LEONARDO OLSCHKI, lec-
turer in oriental languages.

STEFAN PETERS, associate
professor of insurance,

BREWSTER ROGEBSON, as-
sistant professor of English.

EDWARD HETZEL SCHA-
FER, assistant professor of orien-
tal languages.

DAVIS S. SAXON, assistant
professor of physics.

PAULINE SPERRY, associate
professor of mathematics.

EDWARD C. TOLMAN, profes-
sor of psychology.

HANS WELTIN, assistant pro-
fessor of physics.

GIAN CARLO WICK, professor
of physics.
FIVE TO SIGN.

The following five faculty mem-
bers} originally in the list of thir
ty-nine, since have filed notice of
intention to sign and will be re-
tained:

WALTER W. HORN, professor
of art.

GORDON MEIKLEJOHN, as-
sistant professor of medicine.

DOROTHY BIRD NYSWAN-
DER, professor of public health.

JOE TUSSMAN, assistant pro-
fessor of speech.

JACOB YERUSHALMY, pro-
fessor of biostatistics.

The following three faculty
members, originally on the list of
thirty-nine, resigned to accept
other positions:

ERIK ERIKSON, lecturer in
psychiatry.

LEON LEWIS, associate pro-
fessor of public health.

KENNETH D. ROOSE, assist-
ant professor of economics.
GIVEN 10 DAYS.

The following five faculty mem-
bers, who were discharged two
months ago because they did not
receive the recommendation of
the Committee on Privilege and
Tenure, were given ten days to
sign, in which case they will be
retained:

JOHN L. KELLEY, associate
professor of mathematics.

MARGARET P. O'HAGAN, as-
sociate professor of art.

ELEANOR B. PASTERNAK,
assistant supervisor in physical
education.

R. NEVITT SANFOED, profes-
sor of psychology.

HAROLD WINKLER, assist-
ant professor of political science.

Notice of intention to sign was
given by Isabelle C. Hungerland.
assistant professor of speech,
who also was discharged two
months ago, and the Regents
voted to retain her.

Swimming Pool
Salesman Cleared

Charges of grand theft against
an East Bay swimming pool
salesman were dismissed in jus-
tice court at Walnut Creek yes-
terday when the defendant, Fred
H. Seefloth, 55, of 1340 Channing
Way, Berkeley, convinced the
court he was simply behind in
completion of contracts.

Seefloth had been arrested on
the complaint of Mrs. Wayne C.
Davidson of 50 Haven Lane, Wal-
nut Creek. She charged she had
paid him $1,700 for a swimming
pool and had nothing to show for
it but a hole ^^ the ground.

taining the non-Communist oath

NEYLAN MOTION

Neylan's motion to reconsider
yesterday precipitated a sharp
exchange on the question of the
motion's legality.

Those who favored retaining
the professors without their
signing the oath opposed the
motion on two highly technical
points.

The first was that Neylan,
who had voted against reten-
tion a month ago but then
changed his vote so he could
make yesterday's motion, had
not effected the change before
the vote was recorded.

Governor Warren, presiding,
overruled this objection and the
argument went on to the ques-
tion of whether or not the board
could reconsider its action at all.
This latter contention was
based on a court decision which
said, in effect, that : i executive
act involving an appointment of
a person to a public payroll could
not be reconsidered.

The case cited concerned a city
councilman who had been named
to the council by the other coun-
cilmen and subsequently lost his
post when the council reconsid
ered its previous action.

Arguing for his motion, Neylan
insisted:

"This board has full power to
reconsider any matter for the
good of the university."
Lieut. Gov. Knight, siding with
Neylan, declared:

"Suppose we should find one
of these men was a burglar or
another kind of a criminal,
could we not reconsider our
action?"

Governor Warren shot back:
"These men are not accused
of being burglars and anyone
is entitled to what the law pro-
pounds."

RULED ILLEGAL

Warren then ruled the motion
to reconsider illegal. On a vote,
he was reversed, 12 to 10, the
same vote by which the oath was
ultimately sustained.

With the debate then centered
squarely on the oath issue. Re-
gent Neylan charged the Ameri-
can Association of University
Professors is spearheading the
fight against the oath.

Two days ago this was dis-
closed in a pamphlet released by
a group of eighteen alumni. The
AAUP was brought into the pic-
ture by a letter in the pamphlet
signed by Professor John D.
Hicks, one time chairman of
those opposed to the oath.

In his letter. Hicks predicted
the AAUP would conduct an in-
vestigation of the oatn issue to
be followed by "a devastating
and well publicized report" and a
"blacklist" of the University.

Citing the Hicks letter, Neylan
declared:

"I don't think the people of
California expect us to l)Ow to
the American Association of
University Professors with its
policy that you shall not dis-
criminate against a Com-
munist."

Regent Haggerty, who voted
for retention of the non-signers,
argued the issue had now become
one of whether or not the non-
signers should be punished for
disobeying the regents, not one

pies and wouldn't talk to any*
one," said Neylan. "I have
more respect for them than for
the thirty-one who went before
the conuiiittee and said they
would take an oath If they were
accepting a govftrnment job or
that they would tell someone
else they were non-Communists
but not the regents."
Neylan's motion for a ten day
reconsideration period for the
five was carried 20 to 1, with
Regent Hansen not voting.

WARREN BALKS

On the question of Neylan's
motion for severance pay for
those who refused to sign in ten
days, Governor Warren balked.
"We are discharging these
people because they won't con-
form and we are saying they
have ten days to come In and
sign, but that If they continued
to be recalcitrant, we will give
them a year's pay.'*
However, Neylan pointed out
the delay in settlement of the
oath issue had carried the non-
signers past the spring of this
year, the normal time for pro-
fessors to look for other academic
employment.

Neylan's motion for severance
pay carried 18 to 1, with three
not voting, including Warren.

One of the telling points yester-
day in Regent Neylan's insistence
on an oath for the thirty-one pro-
fessors was a letter he read into
the record from Stephen D. Bech-
tel, former alumni president.

Professor Hicks, for the non-
signers— Hicks himself is a signer
—wrote Bechtel asking him and
other alumni to use their influ-
ence to persuade the regents to
retain the professors.

Professor Hicks made public
his letter to Bechtel. but not Bech-
tel's letter to him. Neylan said
there had been sufficient time,
however, for Hicks to have in-
cluded this answer ^ith the pub-
lication of his own letter.

In the course of his letter to
Hicks. Bechtel wrote:

"FranWy, Professor Hicks, I
think the nonsigners should, in
every case, immediately make
the direct statement, *\ am not
a member of the Communist
Party,' either in their contracts,
which have been offered to
them, or in a separate letter
to the president of the Univer-
sity or the board of regents.

SEEMS UNTENABLE

"Such a statement would put
an end to this time and energy
absorbing controversy which is
so unessential and unwar-
ranted.

"Arguing about words and
declaring that they arc 'non-
Communist' when the very
existence of our Nation is^ in-
volved seems untenable to me.
. . . My most earnest su/cgestion
is that you take whatever steps
are necessary to have all non-
signers sign at the earliest pos-
sible date.

"I recognize, of course, that
each individual must decide
any such matter for himself,
but, personally, I woulc^ like to
see each person Join the vast
preponderance of your col-
leagues in marching forward
for a brilliant futur* for the
university.

"I only hope you may he able
to resolve all problems of pro-
cedure to that end."

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CCCCAAB PACE 3

SATURDAY. AUG. 26, 1950
San Francisco Chronicle

Dave Beck
Denounces
Nonsigners

Refusal ot university faculty
members to sign loyalty oaths on
grounds of interference with aca-
demic freedom is "tommyrot," ac-
cording to Dave Beck, AFL team-
ster boss and president of the
University of Washington regents.

Addressing an overflow Common-
wealth Club luncheon in the Palace
Hotel yesterday, the husky, red-
faced labor leader declared:

"It's a lot of tommyrot for men
to be talking about Interference
with their academic freedom at a
time when young America Is pay-
ing the sacrifice of defending us
with their lives.

"I adn^t there is still Communism

in the labor movement ... but ail

the crackpots are not In labor, a lot

of them are in the universities."

Beck said he suspected that many

J jj^ university people who refuse to take

that non-Communist oaths do so because

has ^^^y ^6*r perjury convictions might

own follow if they do sign.

"Don't try to destroy labor," he
warned the 500 Commonwealth Club
members, "because if you do it will ,
come back as a Frankenstein
monster to destroy you."

Turkish Maneuvers

LONDON. Aug. 25 (Reuters) —
Turkey's bigge.st nvjneuvers got
under way today in the Sea of;
Marmora, which links the Aegean
sea and the Black sea, the Ankara
radio reported. The Navy and Air
Force are co-operating and the
Army will pitch in later.

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CCCCAAB

I

i

9 Professors
At DC Fired,
Regent Says

Nine University of California fac-
ulty members, who have neither
signed the controversial loyalty dec-
laration imposed by the Regents
nor resigned from the institution,
I have been fired, a member of the
board said yesterday.
j The regent said their termination
'of service will be considered effec-
tive as of June 30 of this year, and
by refusing to sign or resign the
faculty members have forfeited their
right to a year's severance pay.

Status of the nine, however, was
not so clear to officials of the uni-
c'versity.

George Mallory, acting secretary
of the Regents, made the laconic
announcement:

"There has been no action against
the faculty since the board meeting
of August 25."

At that meeting the board voted
12-10 to dismiss hold-out faculty
members, although all had been
cleared of Communist sympathies by
special investigating faculty com-
mittees. The month before, the board
had voted to retain non-signers.

The August meeting was followed
by the filing of a petition for a writ
^lof mandate by 18 of the non-signers
headed by Psychology Professor Ed-
ward C. Tolman. The State District
Court of Appeal will hear arguments
on the petition in Sacramento to-
morrow morning, but issued a stay
last week which held in abeyance
dismissal of any of the petitioners
jjending outcome of the suit.

Tlie nine considered "dismissed"
by one faction of the board include:
John W. Caughey, professor of
history, UCLA: Stephen Enke. lec-
turer in business administration,
UCLA; Charles Mowat, associate
professor of history. UCLA; Leonard
Olschki, lecturer in Oriental lan-
guages, Berkeley; David S. Saxon,
assistant profes.sor of physics. UCLA;
Hans Weltin. associate professor of
physics, Santa Barbara; John L.
Keller, associate professor of math-
ematics, Berkeley; R. Nevitt San-
)l3 ford, professor of psychology, Berke-
of ley, and Harold Winkler, assistant
id professor of political science, Berke-
ley.

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Non-Signers
Go to Court
To Keep Jobs

Twenty University of California
faculty members, non-signers of
the special loyalty declaration, pe-
titioned the State District Court of
Appeal in Sacramento yesterday for
retention of their jobs.

The petition, for a writ of man-
date, was filed in the Capital by
the group's attorney, Stanley A.
Weigel, and challenged the right of
the University's Board of Regents
to revoke their appointments after
authorizing them six weeks ago.
The Appellate Court promptly
issued an order to show cause di-
rected against Robert M. Underbill,
as secretary and treasurer of the
Regents, and against each member
of the board. The order directed
the Regents to show cause on Sept.
14 why the faculty members should
not be reinstated.

Effect of the show-cause order,
court spokesmen said, was merely
to extend the 10-day F)eriod speci
fied by the Regents for signing the
loyalty declaration.

Key to the group's petition was
last Friday's action by the Board
rescinding by a vote of 12-10, the
Regents' earlier decision to rehire
those non-signers who had been
cleared of Communist sympathies
and had been recommended for re-
appointment by President Robert
Gordon Sproul.

I The appeal is based on the con-
tention that revocation of the ap-
pointments by the board was il-
legal. The Regents were so advised
before their vote last week both by
Governor Earl Warren and the
board's attorney, John V. Calkins.
The faculty members, headed by
Psychology Professor Edward C.
Tolman, hold in their suit, that dis-
missal (m the face of their individ-
ual clearance of Communist taint)
not alone jeopardizes them and
their families, but also "endangers
the welfare of the people of tne
State, and the dignity and future
of its University."
Besides Professor Tolman, peti-

L

Metropolis

Part Two
S^n Francisco Chronicle

CCCCAAB SATURDAY, SEPT. 2. 1950 PACE 9

-I-*..

calorie diet, doc. .but YOU don't have to live with her..."

tioners include Professors Arthur
Brayfield, Warner Brown, Hubert
S. Coffey, Leonard A. Doyle, Lud-
wig Edelstein, Edwin S. Fussell,
Margaret T. Hodgen, Emily H.
Huntington, Ernst H. Kantorwicz,
Harold W. Lewis, Hans Lewy, Jacob
Lowenberg, Charles S. Muscatine.
John M. O'Gorman, Stefan Peters.
Brewster Rogerson, Edward Hetzei

-1 J "\^,,..^j„„

Schafer. Pauline Sperry and Gian
Carlo Wick.

Unofficially it was said that some
of the 11 additional non-signers
were out of the State and unavail-
able for inclusion in the group;
others had decided to resign and a
few were considering signing the
loyalty declaration before the Re-
gents' deadline of September 7.

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'Only Reds
In Here Are
Us Chips'

RENO. Sept. 8 (U.R)— Communists
in Renos fabulous gambling halls?
Maybe . . . but all our employees
are going to .sign a loyalty oath or
ge fired, the general manager of
one of thiis city's largest ca.sinos said
today.

Justice of the Peace Lawrence
Layman left his marrying duties to
officiate as 105 qal-Neva employees
werp asked to declare their loyalty
oi get out.

First to sign was Morrey Brodsky,
general manager of Cal-Neva enter-
prises.

"Sign or get out," Brodsky told
dealers, pit bosses, waitresses and
janitors. Judge Layman even signed
up the nude model who poses in a
champagne glass for the customers.
Brodsky said he would defend his
right to ire nonsigners before the
highest court in the land, if neces-
sary

The gambling executive, who hates
Communism, explained, "that's not!
much to ask of any American." He I
said he hoped the loyalty oath
fever would sweep through every
buslne.s.'; and professional establish-
ment in the Nation.

Copies of the oath, obtained from
a Government agency in Washing-
ion were circulated to employees
who swore "... I am not a Com-
munist . . "

The idea spread rapidly through
the businf.ss district of the "Biggest
Little City in the World." Gray,
Reid and Weight, a locai department
.store, said they were con.sidering cir-
culating a similar petition. And there
were Indications that other Reno
gaming establishments would follow
suit.

The management of Harold's Club
big gambling casino, announced
plans to march its entire ><:taff of
tiOO employees through the center of
town Monday to the accompani-
ment of a band and waving flags.
They said the group will then be
a.ssembled at the Court House steps
where they will take the loyalty
oath en mas.se.

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228

The Berkeley Debacle

BY CAREY McWILLIAMS

Loi Angeles, August 29
"D Y A VOTE of twelve to ten, the Regents of the Unl-
■■^ versity of California have now reversed an earlier
decision and ordered the dismissal of thirty-two
faculty members who refused to sign the loyalty state-
ment. All these instructors hold what used to be
known as "tenure status" and have been cleared by a
committee of the faculty of any taint of disloyalt)-, sub-
version, or heresy. A last-minute effort was made by a
group of prominent alumni to avert the disaster which
has now engulfed the university; but their warnings of
"dire peril" were curtly brushed aside, along with the
technical demurrers and half-hearted protests of Presi-
dent Robert Gordon Sproul, who fathered the original
loyalty proposal, and Governor Earl Warren.

For most of the non-signers, discharge will be tanta-
mount to an academic blacklisting. Among the dis-
senters, none of whom is a Communist, are teachers in
their late fifties and sixties with records of thirty years
service at the universitv. The list includes men and
women of distinguished academic attainments and un-
blemished personal records, whose loyalty to freedom is
best evidenced by their stand against the loyalty oath. It
also includes a sizable contingent who served with the
armed forces in World Wars I and II.

As the zero hour approached, the pressure brought
to bear on the non-signers was coercive and shameful.
Consider, for example, the case of Dr. Walter W. Horn,
acting head of the Art Department, who served in
World War II as a captain in army intelligence. A hold-
out from the first. Dr. Horn was finally forced to sign
when he was called back into the service and felt com-
pelled to protect his wife and son against the con-
sequences of a possible loss of his civilian occupation.
In yielding "to the pressure which the Regents saw fit to
exercise in order to extort from me a declaration con-
cerning my political beliefs," Dr. Horn pointed out that
it was "to escape pressure of this type" that he had left
Na2i Germany in 1938.

The Board of Regents now stands convicted of a
double double-cross of the faculty. At an earlier impasse,
the faculty was given both public and private assurance
that the Regents would handle the matter of the oath in
a manner that would be entirely satisfactory to the
faculty if the Academic Senate would only approve the
principle of Communist ineligibility. But no sooner had
the faculty concurred in this propositi than the Regents

CAREY McWUXlAMS, a contributing tditor, is the author
of *' California: The Great Exception'* and other books.

The NATION

refused to rescind the lequirement for an oath. In the
meantime, of course, the faculty had put itself in a
logically untenable position of which the Regents took
full and painful advantage. Then, on April 21, the
Regents used sweet words and lulling phrases to in-
duce the faculty to accept a "compromise" advanced by
the alumni. This proposal clearly implied — and it was
so interpreted at the time — that non-signers would be
given individual hearings by the faculty committee on
tenure and that the findings and recommendations of this
committee would be accepted by both ^he administration
and the Regents. It is this second agreement which a
majority of the Regents have now repudiated.

The effect of the Regents' decision, of course, is to
vitiate iht tenure system and nullify the basic concept of
academic freedom. Other faculties might well profit
from the disastrous experience of their Berkeley col-
leagues. As The Nation has pointed out, the faculty
forfeited the basic principle at stake when it acquiesced
in the political test of competence. Once this proposition
was accepted, objections to the form by which tlie test
was to be applied could be dismissed as inconsequential.
More important, the non-academic public then became
confused and looked upon the controversy as so much
sound and fury. The Berkeley faculty not only forefeited
the basic principle on which a defense might have been
built but obligingly undertook the task of enforcing the
political means test which the Regents had induced it to
propose. And now the professors discover that the beau-
tiful plan which the Regents approved means noticing.

Nor is the faculty's education in rough-and-tumble
demagogucry yet complete. When 165 professors and
department heads, ail signers of the loyalty oath, pro-
tested to the Regents over the failure to send out con-
tracts to the non-signers after the latter had been
"cleared" by the faculty committee, the San Francisco
Realty Board promptly demanded that the protesters
themselves should be fired without delay. What the fac-
ulty does not seem to understand is that there is a crazy
logic about this and similar demands — once the basic
demand for a political means test is granted. Some cen-
turies back. Catholics and dissenters were pushed
around in Great Britain in precisely this manner, until
they learned to challenge, not the form, but the very
idea of test oaths.

The latest action of the Regents will settle none of the
issues. New loyalty-testing procedures will be demanded;
new political tests will be invented ("I am not a Com-
munist and I have never sympathized with non-sign-
ers"); and the agitation will continue, reaching new
heights of absurdity as it is exploited by first one group
and then another, until the university returns to the
basic principle laid down in 1949 by the American As-
sociation of University Professors: there shall be no
political test of university employment.

I U

PACE 8 SAN FRANCISCO CHRONICLE. THURSDAY, SEPT. 14. 1950 CCCCAAB

/

UC Loyalty: 18 Professors
Take Their Case fo Court Today

The battle of the regents of the
University of University and 18 fac-
ulty members who have refused to
Sim the special loyalty declaration
as a condition of employment will
be argued before the Third District
Court of Appeal in Sacramento at
10 o'clock this morning.

The non-signing professors, headed
by Dr. Edward C. Tolman of the
university's psychology department,
are seeking a writ of mandate or-
dering their reinstatement as mem- \

Dorit be\^gue

SAT:

bers of the faculty.

Their petition, filed by Stanley A.
Weigel, claims that a majority of
the board had no legal right to
order their summary dismissal last
month after having voted the month
before, to retain them as faculty
members.

Legality of the issue was ques-
tioned at the August 25 meeting of
the regents by Governor Earl War-
ren and John U. Calkins, attorney
for the board, both of whom ad-
vised against reconsideration of the
question.

The professors say they have
been unlawfully deprived of their
academic rights of privilege and
tenure and that both they and

to

Communism— are. in addition
Professor Tolman, Arthur H. Bi ay-
field, Hubert S. Coffey. Leonard A.
Doyle. Ludwig Edelstein, Edwii\ S.
F'us:sell, Margaret T. Hodgen, Ernst
H. Kantorowicz, Harold W. Lewis,
Hans Lewy, Jacob Lowenberg,
Charle.s S. Muscatine. John M.
O'Gorman, Stefan Peter.s, Brew.-^.ter
Rogerson. Edward Hetzel Schafer.
Pauline Sperry and Gian Carlo
WicK.

Two of the original 20 who filed
fhe petition— Warner Brown and
Emny Huntington— signed the loy-
alty declaration last week.

The regents, as a body and the
majority as individuals, are being
represented at this morning's hear-

their families have suffered Irrep-iing by Eugene Prince, of the San
arable harm as result of their dis-j Francisco law firm of Pillsbury.
'"'•'^■'*^^- Madison and Sutro. Also named in

Plaintiffs in the action— all of
whom have been cleared by investi-
gating committees of any taint of

the action is Robert M. Underbill,
secretary and treasurer of the re-
gents.

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JSerfeelep Bail? (gazette

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GEORGE DUNSCOMB
Editor and Publisher
RALPH W. FHANKIS JOHN R. WARD

Ass/stam to Puhluher Managing Editor

CATHERINE F. ROBERTSON
Manager of Clasuhed Adrertising

PAUL S. MOFFATT

Business Matianer
JOSEPHINE Z. PENDLETON

Treasurer

pre^^nVed Ue aI Itl 1 ^^ n"" '^" ;*"" ^^ *'°^'*» '" '^"9'^. Communication,

SamT .n<4 IaA f n«e„anly reflect the Gazette', view. Writer, mu,t «ive correct

name and addre,, refrain from venting per^tonal .,pleen. The Gazette reserve, the riaht
pubL"at?o'„'upon7;<iu:,;r ""' '""' requirement.. Name, of writer, will be withheld frL

Editor:

Dr. Gordon of the University said
recently that the loyalty oath inter-
fered with academic freedom. May
I take a moment to try a little to
dis.sect "academic freedom?"

For the teacher and a few stu-
dents "academic freedom" is won-
derful. It means that the teacher
can say whatever he wants to.

But for the majority of students,
I believe, "academic freedom"
makes for confusion. In these days,
one of the hardest things to acquire
and preserve is a sense of direction.
Current history uproots our lives,
jott^ our habits, twists our think- :
ing, plunges us into worry and
uncertainty.

Now, is it any part of the duty
of our educational system to give
young people a sease of direction
that will help to guide them
through troubling times ahead? It
seems to me that it is. More, I
submit that imparting a sense of
direction is the chief duty of con-
temporary education— and one to
which much planning and fore-
thought should be given.

If it is. then we may have to
sacrifice "academic freedom." If
under "academic freedom" we have
one professor saying one thing
■*Bbout fundamental doctrine and
another saying the opposite; if
the same professor is granted the
luxury of saying one thing one day
and then "for the sake of argu-
ment" the opposite thing the next
day, we will have a generation of
youth who do not know what to
believe.

In an era of a stable world and

a highly selective student body, we
could afford academic freedom. In
the age of the atomic bomb. Com-
munist aggression and mass edu-
cation, "preservation of academic
freedom" is not a cogent argument
in the loyalty oath dispufs.

What does the University's psy-
chology department think? Do stu-
dents need something to "tie to," or
is it safe to encourage them to
question everything?

Yours sincerely,

STEPHEN B. MILES JR.

956 Euclid Ave.

Editor:

I have just resigned my position
at Research Associate in the Eng-
lish Department of the University
of California at Berkeley, in pro-
jtest against the recent action of
the Regents m dismissing those
members of the faculty who re-
fused to rign the non-Communisr
contract. I .signed the earlier oath
because I hid no conscientious ob-
jections against it. However, when
,the majority of the Regents di*--
missed the non-signers, not because '
I they were even suspected of any I
sympathy w.-th communi..m. but'
merely as a matter of "discipline,"!
they appealed to the principle of
arbitrary au^hor'ty which is, by'
definition. Fascism. In so doing.'
they declared their opposition not i
merely to academic freedom, but
to the very principle of free-i
dom itself. As long as the Univer-i
sity is governed upon such prin- '
ciples. I cannot, in all conscic-nce,
remain associated with it.
Very truly yours,

FREDERIC I. CARPENTER

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EDITORIAL PAGE

PACE 20

WEDNESDAY. SEPT. 27. 1950

CCCCA>v

Oath Laws Omit Main Problem

A measure calling for a special oath of
nonaffiliation with Communism by all pub-
lic employees and all workers in the civil
defense program swept through the State
Legislature with only nve dissenting votes.
The five noes were in the Assembly; the
Senate approval was unanimous.

Here is a reflection, we believe, of an
overwhelming public feeling that the secu-
rity of the State and the Nation requires
such an extra pledge of good — or rather,
lack of bad— faith. We happen to think
this conviction is borne on the wings of a
rampant public hysteria, with no solider
foundation than that. Still, the feeling is
here, visibly at work in legislative groups
throughout the Nation, from village select-
men to the national Congress, and includ-
ing all the County Boards of Supervisors,
all the City Councils, all 48 of the State
Legislatures. Hysteria or not. It has to be
lived with.

We offer this word of warning: The level-
headed elements of the legislative groups
had better be concerned lest the pledge of
non-Communist affiliation be accepted as
a security guarantee. If the public began
hiding behind the oath facade in the faith
that it was an actual line of defense, the
results could be tragic.

There Is a certain comforting plausibility,
granted, to the idea of having everybody
stand up and be counted — but the comfort
derives chiefly, we believe, from the bland
supposition that while every loyal Amer-
ican will unflinchingly pledge his loyalty,
every disloyal person will either cringe at

the oath prospect, or be tripped up by it.
That just isn't the case.

It is not possible to a;ssume that because
a man takes an oath of non-Communism
he isn't a Communist. /Vhat is necessary to
assume is that if a man is a Communist,
he will readily^ eagerly take the oath of
non-Communism. There will be exceptions
to this; the widely known, well-publicized
Communists will of course not be so naive
as to deny their affiliation. But they aren't
the dangerous ones. The dangerous ones
are those whose identity has been most
carefully shielded. A man whose mission is
espionage or sabotage isn't going to have
his name on any party list, or any list of
fellow-travelers. Far more likely he will
have gone to gpeat pains to affiliate with
conservative political and social groups. He
will breeze through any loyalty pledge with
gusto. But he'll still be a potential wrecker.
These are the people, we suppose, whom
the public has uppermost in mind when It
presses for its "come clean" declarations
from its public employees and civilian secu-
rity workers. They are the people who can
be caught and neutralized only by profes-
sionals, only by the kind of co-ordinated,
skilled, patient, intelligent police opera-
tion as that conducted by the Federal Bu-
reau of Investigation. Any public depend-
ence upon a medium or technique other
than this professional operation is likely
to be doubly dangerous. It tends both to
throw up a flimsy "Maginot Line," and to
deflect attention and support from the
authentic bases af our security.

PIIMED IN two SECncNS

/

•^'.

:5?.AY. SEPT. « .yjo Cc

iACJ J^JAN^RANC^SCOCHROL -

UC Lo>:)(ty: Acfi^femie Sen^^
Oenounees Regents on Pledge

niltht accused <!«•"'.■« 26 senate members /or „ !J^ s»«rthmore. the i

«* I . . .i ifiisino' tn r.i~„ j.i> ^ , ' .. * ic- said

In '"fee longest senate meeting on
record. 750 of Beikeleys leading

is
on

The University of

fh.* J"^'^-^^"^^^ ^^^^ "''^"'^ accused/a^rniss 26 senate mcnbers fnr"r«

the Board of Regents of bad faitii^"'^^"^ to sign the loViuy^dSlara ,

in Its dealings with faculty mem-r'""- " , J^* ^*^««t communication to /ean'"

b^'-^- • IdeUTSCH speaks In T»f°"c^ ^- ^■""'"' ^^^** Pr^ident'lat

^Tt also denounced the board for ^^^ ^°^« «^ censure followed AevsolZ%^:''\u'^'''''^'^*^"'^'^-\ '^

-sross Violation" of princ^les Z'P^''^ "y Vice President and Pro ultv «n^-^^^^^^^

connection with the lojaTty oath '''' ^"^^"t^"' Monroe E D^uLh j '^ tkreat f o T''^' ^'^^''^ «'

rpntroversy. '^ ""^^^ It was Deutsch who T.. a?.;., .^^° ^^^^^"^'^ freedom/'

sul
cit
sor

It was Deutsch who Iflsr^AnHi i a

urged the faculty to go alon/w^[hSwt.H''°^""°" ^^^^^^^ ^y the
the regents in the inferests of thp n ? .""^"^ ^^""^^^ ^"^^"^ed sup- so

professors passed 7v;;r;f%;;Tj;;^ir^r^^ ^^ ^^ ^^^.^^

accused the pro-oath regents of '^'i;^' ''°"^^ °^«^^^« the recom! such an n/^^^^^
acting in bad faith and charged ''"''''^^''°"' °^ ^^'^°"^^ ^^"^ ^^^

that the university's principle of' ""^ ^"^^""^^'^ P^^^^ege and te^^^

tenure h«H hoo^ ,„J.„..i^ "^^^^^ °^|ure. ^ "" ''^"-l The Swarthmore teachers offered

to help their California colleagues
m every way we can" and added:

tenure had been violated i

^t was the first meeting of thelo'^^ that time he had said the acid
^;;i^..>................... — ~t'^ J^^^^ ^°^"^ ^hen the first man

arSfeK, ia ralher dtmB

loc

/
poJ
Co

To forsake this principle (of aca- be
demic freedom) would place a curbp*o

"Well," he said last night "the on tL T ""^ "^""^"^ P^*^^ ^ ^^^b
:id test has come and ?if r;.Pn.!L".i.^l ^''^ P"'-^"^^ ^^ truth and

MM PROW UIIUEUR-SOUIHOIN COMFMT CORP/SUoBs. Ml

iron Curiains

Iiave all the tantalizing appeal
of the plague ... and I'd jolly
well rather he hefore than be.
'•nH one! The only Iron
< urtain \m in favor of ig the
one we drop hetvveen you and
all your worries, rares and
at.gue when you come to
«.oronado. No room for such
as those aboard this ship.

harry S. W ard.
Managing Director

Hotel del

, CORONADO

0c*eiiAXk4 $ctf flam SoH^ts^

Coronado, California

IM • t a

Ooflt touch It if you'ft timid

... it's hotter than you think \

acid test has come and the r;..Pnf: c • , ^""^^ P"''""^^ ^^ truth an.

have failed.- ^ regents seriously weaken the cause of de

T^ X ,. Imocracy."

ueutsch's appearance came after S F <»,*^ kj ..

nearly three and a half hours of II- . '^^^^'"^

discussion. At his suggestion the! ?'"'* ^"^^^'^y 0^»*»« i

Senate adopted the following mot on! of C^'"' ''"'""'^ ^"^ teachersK
of censure: *""on of San Francisco State College met'^^

"Be it resolved-that inasmuch J\ni^u,\^r^ Unitarian Church lastjrf
a majority of the Regents-has gross- "fv and organizel to combat loy- ^^
ly Violated its own resolutioHf ' oi^.3 °"^^^-"^" ^^P^^ ^^ loyaUy ^^
April 21 (to hear the recommenda- 1 ^n. u '

tions Of the senate committee) and direcfpn' • ^' •,'^' "^'^^^"^ "^^'^^^
has moreover arbitrarily dismissed nil^n PT^V^^ ^^ainst Califor- w
members of the faculty desnTpthpITi^ "^^ ^°^^'^^ °^th for public's
fact that no one of thl is charged ' fiTfT'^f/ ^'^^^^ ^'''^'^ 'he facu ' n
with being a CommunS and said The "'^'^ ''^''''^'■

I majority has broken /^Uh ^^ ^e m^ ^'"""^ "°''^ ^° ^^'"^ « ^o^^- ^

^ Senate and has furthermore revoked S^^^^^^^^^^ '".'"'^ ^"^^^ «f^" ^^

appointments lawfully made blfh. ^r h w f "^^'^ ^""^ '^"^^^^^ ^peak-

Board,and has. abo^eXvioVted to^ard\SrntaU^^^^^^^^^

the principle of tenure, an abso- keeoine u-T/^ ^ ^"^ °"t of q

lately essential condition in a^L -- '^^ ^^'ith ^democratic tradition
university— i

"Therefore be it resolved that the
Northern Section of the Academic
Senate condemns such acts on the i
part of the bare majority of the!b
Board."

The resolution by Deutsch was
the strongest of several proposed
The Senate adopted it with a stand-
ing ovation for their retired provost
THANKS '^O 11

The professors voted their thanks
^0 the 11 Regents who had voted for
retaining the non-signers. They then
organized a fund-raising campaign
m which each member of the fac-
ulty will be asked to contribute 2 per

,cent of his monthly salary to help

jthe group of 26.

I The levy will continue until the
non-signers are either reinstated
or obtain other jobs. Public contri-
butions miay be sent to fund head-

j quarters, 2687 Shasta road. Berkeley. -

I One motion, later tabled, asked a I

committee to re-investigate the cases'

of five faculty members whom the

Senate Committee had not approved.

The five had refused to answer

questions on political affiliation. M
The meeting began at 4 p. m. and,

adjourned at 7:30 p. m. It was one

of the best attended faculty sessions

on record. ,'

SENATE VOTE

wJ
st
ei

on wan uit loyaity oath

ill '..i' '"ngest --- meeting on
record. loO ol i^L.-^^icy's leading
professors passed a vote of censure,
accused the pro-oath regents of

the regents in the interests of the
university and out of faith that the
regents would observe the recom-

acting in bad faith and 'charged SroTlT/n.'*!,,'''' f ?,"'"'' 'T"^^'
that the university's principle of ^'e ^ ^ ^' ^""^ ^"

tenure had been violated

u,i i^iiitiiU. ue iu. utuiach, i a Liireat to academic freedom ' i "

It was D€..i.,.i, who last April' A resolution adopted by the'*^^^

urged the faculty to go along with ! Swarthmore faculty affirmed sud-'SO'

It was the first meeting of the

f7hax3bi Id taiher drinlr

At that time he had said the acid
test would come when the first man
was fired.

"Well/' he said last night. ''the|on"the"free^"pursuiTVlruth Tnd
acid test has come and the regents seriously weaken the cause of de-

port of the teachers at UC who 'of
were discharged for refusing to signiprf
such an oath, although they had
been clear of any disloyalty.

The Swarthmore teachers offered
to help their California colleagues
"in every way we can" and added:
"To forsake this principle (of aca-

loc

J
po)
Co
be

demic freedom) would place a curb ^°

have failed."

mocracy.

of censure:

"Be it resolved— that inasmuch as
a majority of the Regents-has gross

8'

ct

Vf

bj

Deutsch's appearance came after JS. F. State Meeting
nearly three and a half hours of Against Lovalfv 0?*k.
discussion. At his sueeestion thP I \J:« ^ Y "^'"*

Senate flrinnf^H fhl%«ii . ' ^°"^^ ^^^ students and teachers

of censni -^ ^^' ^°"°^'"^ ""^^^^^ °^ San Francisco State College met

at the First Unitarian Church last
night and organizel to combat loy-j

ly Violated its own resolutioVof oaths "'''"'""'" ''^'' '' '''^'''\

^^''^ ^l '}f' ^^^\^^^ ^^<^ommend&.\ Speeches at the meeting were.'tc

tions of the senate committee) and directed primarily against Califor- w

^ jhas moreover arbitrarily dismissed | nias new loyalty oath for public's

'members of the faculty despite the; employees, which affects the facul-iir

lact that no one of them is charged 'ties of all state schools \c(

with being a Communist, and saidi The group voted to form a com- d:

I majority has broken faith with the'mittee against all such oaths after ir

* benate and has furthermore revoked several facultv and student speak-

, appointments lawfully made by the ers had termed the oaths a move

Board, and has, above all, violated toward regimentation and out of c

wJ

St

ei

he principle of tenure, an abso- keeping with democratic tradition.

100 PROOF UOUEUR • SOUIHUN COMFORT CORP.- SI. LOUIS. Ml

I

Iron Curtains

have all the tantalizing appeal
of the plague . . . and I'd jolly
wpH rather he hefore than be-
hind one! The only Iron
Curtain I'm in favor of is the
one we drop between you and
all your worries, cares and
fatigue when you tome to
(^oronado. No room for such
as those aboard this ship.

Harry S. W ard,
Mnnnning Director

Hotel del

, CORONADO

' devoid Mt« BofpcmSoHTits^

Coronado, California

/

Oen't toue^ it if you'ra timid

... it's hotter then you think f

(^(m'4 inc f^^

RING-SALAD MOLD

For an easy ring-.<;alad mold,
put ice-fllled jar in center of
bowl, pour mixture, leave set.
More Kood advice: To be sure
that you don't risk a vitamin
deficiency that can cause that
always-tired, dra^ged-out feel-
ing, jumpy nerves, poor diges-
tion— start every dav with
0.\E-A-DAY Brand Multiple
Vitamins. Gives you all the
known essential vitamins you
must have. Finest quality. Sen-
sibly pricod. Get genuine ONE-
A-DAY Brand Multiple Vita-
min Cap.-iules. in the BLUB
package with the big "1".

lately essential condition in a free
university — i I

"Therefore be it resolved that the

Northern Section of the Academic

'Senate condemns such acts on the I

I part of the bare majority of the't

Board." I f

The resolution by Deutsch wasii
the strongest of several proposed.'
The Senate adopted it with a stand-
ing ovation for their retired provost.
THANKS '^O 11

The professors voted their thanks
to the 11 Regents who had voted for
retaining the non-signers. They then
organized a fund-raising campaign
in which each member of the fac-
ulty will be asked to contribute 2 per
■cent of his monthly salary to help
the group of 26.

The levy will continue until thei
non-signers are either reinstated
; or obtain other jobs. Public contri-
[ butions mky be sent to fund head-
quarters, 2687 Shasta road, Berkeley.
One motion, later tabled, asked a
' committee to re-investigate the cases
"of five faculty members whom the
• Senate Committee had not approved.
The five had refused to answer
questions on political affiliation.

The meeting began at 4 p. m. and
adjourned at 7:30 p. m. It was one
of the best attended faculty sessions
on record.

SENATE VOTE

I Those at the meeting were told!
the university's psychology and'
[mathematics departments have "suf-
Ifered grievously" as a result of the
oath controversy, and that three of
UC's four theoretical physicists had
been lost.

Two of the physicists declined to
sign the loyalty declaration and the
third resigned his post at the uni-
versity.

The university also has lost U
eminent faculty members by resig-
nation in the last few months, the
Senate was told, and 11 other pro-
fessors refused to accept positions
I at UC because of the controverty.
ij While the professors were nueet-
I ing, the State Senate in Sacra-
mento voted to commend the re-
gents for debianding a loyalty oath'
of University employees. I

The resolution, introduced by
I Senator Jack B. Tenney (Rep- Los
■Angeles) passed the Senate with
- only five dissenting votes but was
allowed to die in the^ Assembly.

The regents* dismissal of 26 fac-
ulty members drew heated protests
from top faculty members of Har-
vard, Yale. Princeton, the Princeton
Institute for Advanced Study, Co-

iM • t ■

ii

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■

I

'S

28

ys,

in
by
ng

20.

«r
jd
tfi.
in
.er
J3

s-
er

•i-
ic

til

PROFESSORS, REGENTS TO CONFER

UC Loyalty Oath Pact Sought

University of California mem. I what «.. .««w *^ *,. ^

's

e
c

d

d

n
n

la

ce

rs

ts
•n
2r

Six University of California mem
bers will meet todav with a com-
mittee of the Board of Regents to
attempt a meeting of minds on the
controversial faculty oaths.

Up to now theie has been no
agreement.

The repents have insisted that
every university employee sign an
oath adopted June 24. They have
withheld contracts from all em-
ployees who failed to sign.

About half the faculty currently
are carrying on their duties with-
3ut contracts. Even those who signed
have maintained the oath should
not be required.

Ten days ago. the faculty met for
the first time since summer vaca-
tion, and presented a formal request
to the regents that they be allowed
to take "voluntarily" the standard
oath of allegiance to the constitu-
ion. which is taken by all State
afficers.

VEVER APPROVED

The Regents considered the mat-
'.er at their meeting in Los Angeles
last Friday, and accused the faculty
3f repudiating its own representa-
tives. CThe oath, as sent out to the
faculty this summer, had never
jeen approved by faculty represent-
itives.)

At that time, the regents ap-
Dointed a committee to meet with
the three-man advisory committee
from the northern and southern
sections of the academic senate. The
northern committee consists of Pro-
lessors Benjamin H. Lehman, head
of the English department; William
Dennes of philosophy and H. B.
Walker of agricultural engineering.
Thoae committees will meet today
and will report tomorrow afternoon
to a meeting of the full Board of
Regents.

Faculty members at Berkeley yes-
terday were confused, but deter-
mined.

Said one. "We have no wr - •
knowing what is going on exce

cannot allow the "irrSo?.,iM',T»?-.'''' "'"'.? ""' <=°»>nitmen»
oal oath to b. a cSn ' ^'"l Itt '"«""'« .''."' '^y obU,.-

cai oath to be a criterion for mem-
bership in the faculty."
SPOT CHECK

A department head remarked, 1
don't think there is a man on the
faculty who could not sign an anti-
CSommunist oath with a clear con-
science. But I don't think there is a
man who believes he should be
forced to sign such an oath."

A spot check of leading profes-
sors on the campus turned up none
who believed in the oath require-
ment.

One said "We dislike any public
disagreement with the regents. But
they must realize that they cannot
afford to bring a single profes«;c.-
to trial for failure to sign an oath
And we have a lot of famous men
among the nonsigners."

The oath which the faculty- ha^
always signed and is willing to sigi:
again is in the State Constitution
"I do solemnly swear <or affirm
that I will suppon the Constitutio
of the United States and the Cor^
stitution of the State of Califorma
and that 1 wil] faithfully discharfft
the duties of my office according u
the best of my ability."

To that the regent?" oath wa<
added: "That I am not a mem be-
of the Communist partj-, or undci

tions under this oath."

1

UC Loyalty Oath

Student Petitions Circulated
Protesting Action by Regents

STaTUK Mllf

KOREA ^^

Resolutions protestinR the board
of regents' "arbitrary violation" of
teacher tenure were beinp prepared
yesterday for circulation among all
University of California students at
Berkeley.

A similar resolution was adopted
Wednesday night by the executive
committee of Associated Students.
The regents' decision to fire 26 fac-i
ulty members who had not signed i
norvCommunist declarations, this
resolution said, means:

1— "Pony-three course.^ essential I
to the completion of college cur-
ricula are no longer being offered.'

I
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■

fl

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•

TAR STAINS

Have you tar stains on couonK"
Tr>- covering spot with clean
tot: let stand a few hours But
If you have stopped takinp vi-
tamins because the\ were too
expensive— get ONE-A-DAY
Brand Multiple Vitamins. Thev
«;ost a.«? little as less tlian ?.r a
m^^t'**! '^°" -^"^^ hardl.v afford
» «.*° enjoy the protective
Penents of Itnown essential vi-
tamins. For finest nualitv, sen-

OVP ^"rfi^V"VT^^ "" genuine
"fi^'-A-I^AT Brand Multiple
vitamin Capsules, in the IMAIE.
package with the big "i"'

I
I
I
I
I
I
I
I
I

!

I

2~Special work toward advanced
degrees, formerly offered bv profes-
sors now discharged, can no longer
be completed

3— "Degrees received from this
university mey not in the future
carry the same academic worth as
in the past."

For these reasons, the resolution

concluded, the Associated Students

executive committee -supports the

academic senate in its condemna-

^tion ol the action of the majority

I of the board of regents."

Bi7/ A\d% 163 Aliens

WASHINGTON. Sept 28 i/P) ^
President Truman today signed a
bill to permit IfJS Spaniards to re-
main in this country.

%• CK.t'i

mem'

•w VapoRub

DUE TO COLDS

Best -known homt
remedy to use is .

OPENING
TONIGHT

DIZZY

GILLESPIE

AND H "
P/i/s HAL GOODV

GIRO'S

THE END IS NEAR-North Ko- north toward the 38th parallel

Zl nr'.r! '"^ ^^^o^derly re- On the southern perimeter, United

treat on all front* today The Nations torccs have captured

fighting IS over in the capital- Taejon .2.. Namuon (3^ and are

Seo^Uj^^jvithjheReds fleeing driving up the east coast .4).

USS SAN FRANCISCO MEN SOUGHT

AND HIS BAND
P^i/^ HAL^OOD WIN AT THE PIANO

M5 GEARY ST.

AIOVE JOHES

Rear Admiral Herbert Schonland.'
USN < retired", senior surviving of-
ficer of the shrapnel -wrecked
cruiser San Francisco formally
opened a nation-wide hunt vester-
da> for some 800 other survivors.

Officers and men aboard the ship
during the battle off Guadalcanal
will be asked to attend the dedica-
tion November 12 of a memorial to
the cruiser now under constructio-i

^^^nmmmammmmwwM

nm^mMmmm

at Land s End. In addition, next <
kin of the 100 men who died m t:
naval engagement will be invited
the ceremonies.

Admiral Schonland, who won t'
Congressional Medal of Honor 1
his part m the action, urged othf
survivors to notify him, c - '^
Commandant. 12th Naval D
of their whereaboutvv They v
then be sent formal in\itatior
from Mayor Elmer Robin.son.

n

iri me ;
of

tinns and get rid of the barnacles
y and cheap politics.

1)1 LJIU Ll '1.41 111

hi

i

P

INDUSTRY EDUCATION DAY

This is Business-Industry Education Day in
Tulsa. Following a speaking program at the
Chamber of Commerce this noon, several hun-
dred teachers in the Tulsa school system are
visiting 29 factories and commercial firms this
afternoon. The purpose of the day's program
is to further the understanding of the Ameri-
can economic system.

It's healthy to have such a meeting, and
about time. The American people do not be-
lieve the schools are doing as good a job of ex-
plaining the American business system as they
should. A nationwide survey by personal m-
terviews recently disclosed that only 26 per cent
of the people believed the schools were domg
well in this respect, while 41 per cent believed
they should be playing a major role in the en-
deavor. It is significant that more Americans
believed the principal responsibility in this field
rested with the schools than with the govern-
ment, employers or the unions.

We are glad Tulsa schools are among the
first to accept a large share of the responsibility.
As a matter of fact, teachers here work at it all
the time in ways that probably never come to
the attention of industrialists. Long before
Business-Industry Education Day was proposed,
the Tulsa schools had adopted "Oklahoma s
Stake In Industrialization" as a textbook to be
introduced into the system this year. This is
an especially illuminating report made for the
Oklahoma Industrial Development Council by
researchers in the School of Business at the Uni-
versity of Oklahoma. It tells graphically the
values industry brings to Oklahoma. Should it
be adopted as a text in schools throughout th^
state, no better service could be given the caMSe
of industrialization than by the educators^^iligh
school students will be encouraged to , complete
their educations and remain in Oklahmna to.
velop the opportunities we have/5 nia
a great state. X x

DUMB PROFESSORS

It is an established and laloaentaliif^ct that
a lot of our college teachers have directly, or
indirectly, cultivated among their students an
uncomprehending approval of Communism.

The Regents of the University of California,
recognizing this condition, with total propriety,
made a ruling that all the teaching forces of
that great commonwealth college be required to
sign a simple statement declaring their full
loyalty to the Constitution of this Republic.
With a few exceptions the full faculty force
signed this pledge of loyalty. There is no rea-
son why they should not. And m the face of
the record of Communism in our country there
is every reason why they should.

Instead of sifting out those who are funda-
mentally disloyal to our country, this ruling has
sifted out the professors, whatever their
scholarship attainments may be, who lack com-
monsense.

Among them is one Edward Tolman, a pro-
fessor of psychology, who refused to declare his
loyalty to our country. He would rather quit
than declare his loyalty. And in packing up his
papers to leave he is reported to have said, ' The
students have gotten the raw deal." That is just

egotism.

The students lose nothing m losing a teacher

op" fi. d by Fraj.

I am writinK to confrratulate you on your forth-
right statemr d to say that I have bpen surprised
that more Ai... . •> ^ns have not waked up to the fa<;t
of how much of the ball we are carrying in that
KO-called "United Nations" war. It is time our
people waked up along these lines.
Crestwood. N. Y. NORTH CALLAHAN.

LET'S HAVE THAT RIVER ROAD
Editor, The Tribune:

Your editorial "River Road" on September 21 wa.5
very well worded. Why should we in Tulsa sit idly
by and watch Oklahoma City make all the "two-way"
roads into the City? We meanwhile have to routt
the traffic through one of the most congested factory
settlement's in Tulsa, from Sand Springs to Tulsa.

If TuLsa county was farsighted. they would buy
this Chandler property and make a really pleasant
road into Tulsa. It would be beautiful. Going on
progressively they should have the state surface the
complete road one mile south of the Arkansas river
(I think it is the Coyote trail) all the way to Key-
stone, to reheve the rhiggs and curves on 64 and
51 and 33. This road could be opened through to
Red FV5rk easily.

Why don't we get started on this program?
Tulsa R. V. SMELTZER.

this

PADDLE THE PARENTS

Editor, The Tribune:

I believe the best way to settle all this noise
about overworked, underpaid teachers paddling under-
paddled, overspoiled brats, would be to paddle the
parents.

Oh, brother, how some of them need it!
Tulsa. ALBERT ANDERSON.

woM Aral's View

No^>Knic Time To Seek
fft 'Still Small Voice'

By MRS. WALTER FE,

October Is Go-to-Chu{pl»-«f!8?ith. In Memphis the
Press -Scimitar newa^iiperhas invited statements from
citizens whoA»if1!ffged to tell what the church-gomg
habit ha^<!l1^t in their lives.

^g|ff!w here is the sort of testimonial which sells
-something more valuable than merchandise. It's a
common custom to ask prominent people to explain
their preference for certain brands of advertised goods.
Why not give publicity to any who will testify as to
the beneficent awards of regular church attendance.
At least it's a habit that doesn't lead to evil conse-
quences. A great many people of our times have been
driven awav from the churches because of bigoted
attitudes, worn out dogmas, tiresome rituals, hypo-
critical members and poor sermons. Some of them
have stayed away so long they wUl never go back

I also believe that parents who insist that their
creeds must be adopted by their children have done
a lot to keep them out of church. Each generation
must have its own concept of God— or religion is a

dead thing anyway. x,. w i- # *

Today there is a church which fits the belieis or
every man and woman. One has only to search a
little while to find a place where one feels at home
To me this is the most wonderful of all the wonderful
privileges of living in the USA. Our multiplicity of
creeds offers religious fare for every appetite. And
while we understand that no organization can satisfy
the longings for God— whom man must find within
himself— still it's a marvel to know there are sanc-
tuaries for all who seek fellowship in a church.

If each of us took one little hour a week— the
Church hour— and did nothing but sit quietly, listen-
ing for "a still small Voice." we would achieve a
serenity which would carry us through many weari-
some days. ^, i. X w *
Time is alwavs well spent on the quest for bet-
ter relationship with your God and your fellow-
men In the real sense, that's what going to church is.

- • f ss Ljasi
iij commul
him. One
call from
me to hav|
knew .som<
heard thai
to persuade
give an apT
to Lash,
ducted inu
Well, I wei
and, there,
room were
Communist
Ing for Ml
at the tabi'
Mrs. Ron

"At th<
'T presume
you to dii
have got .<;f
Is it about]
•Yes.'

"I said;
is the rec(
have brougl
jured hims(
tee.' She $,{
he did, but

"Well,*
he was a

munist pari
was just
.some youtl
braced coi
want^ to
Roosevelt,
has repented
to ask to
t^lligence?'

'Wei

con and
the con
brought L?
New Den^
counsel I'
he had not
fore a formi
mittee and

"Then

wasn't in tl
able to giv(
called up tl
York and
vention of
had been
We demanc
he was ii

DEL

Crii
Kiel

A

The Muskog*

LOC.

ever
on rape cl
that the
sentenced
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business as

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found thatj
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found onF
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months bel

%<•

I FII/IED IN TWO SEJCnCNS

Home Town News*—-

With a concentrated cir-
culation area, the Gazette
offers the most home town
news.

Vol. LXXIV, No. 240 ""«'» Evem»fl

Biccpt Sunday

16 PAGES

UC STUDI

1

Harold E. Stassen, statesman, politician and University of Pennsyl-
vania president, waves to some 6000 cheering University of Cali-
fornia students in Men's Gymnasium as guest speaker of the first
meeting of the new semester. "A nice courtesy to make up for the
rough (football) reception," Stassen observed several minutes later
after the thunderous ovation had quieted down. —Gazette photo

Stassen Raps UC,
Praises US Red
Rules in Talk Here

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Harold E. Stassen, statcsmaii, ^uniit^ictn ««iiu ^jruvcrsiiy ot fcnnsyl-
vania president, waves to some 6000 cheering University of Cali-
fornia students In Men's Gymnasium ae guest speaker of the first
meeting of the new semester. "A nice courtesy to make up for the
rough (football) reception," Stassen observed several minutes later
after the thunderous ovation had quieted down. — Gazette photo

Stassen Raps UC,
Praises U$ Red
Rules in Talk Here

By ALAN BINGHAM

Harold E. Stassen, 43-year-old statesman and university president,
uas on record here today solidly opposing the University of Cali-
fornia loyalty oath.

Meeting a thunderous ovation from some 6000 UC students. Stassen
declared that he unequivocally believes "faculty members should be the
judge of their fellow members. That is our policy at the University
of Pennsylvania."

It should be remembered, he added .that the University of Pennsyl-
vania, like Harvard, is a privately,^ — ^

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endowed institution and not a state
university. The situation here is a
special problem."

However, "1 am forced to sup-
port President Sproul and oppose
the majority of regents" on the
issue.

The 1948 presidential aspirant
also touched on many national and
world conflicts during his hour-
long appearance before the student
audience yesterday afternoon.

Referring to the McCarren Com-
munist control bill, Stassen stated,
on the other hand, that "we need"
the civil liberties measure.

He pointed out there was only a
very delicate line separating con-
trol of Communists on. one hand
and encroachment on our freedoms
and liberties on the other. j

As of right now, he said, the bill
"has gone too far. It needs sub-
stantial amendment within the
next couple of months."

He reiterated his opinion that
the Communist party should be
outlawed in the United States.

Questioned by a student from
the audience about his now famous
letter to Stalin, Stassen said the
"US must never stop seeking the
road to lasting world peace. World
War III is not inevitable.

"We must try to penetrate the
doctrinaire approach of the Com-
munists," he said. "Right now
Soviet rulers are re-examining and
re-evaluating their policy towards
the world."

Now is when we should attempt
to get across to them a clear idea
of our social, economic, political
and military status, he went on.
"We should search together to get
an understanding on both sides of
the curtain."

The Republican Party's triple
threat man in politics, education
and international affairs read his
letter to the students and con-
cluded that whatever the outcome
of the talk, the US should continue
to arm against Communism with-
out.

Moving into the Far East, the
onetime Minnesota governor said
he believes the US should not rec-
ognize Red China at the present
time.
A UN commission shnnl/> *j»-*

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door were (from left) Miss Har- will be auctioned in benefit lor

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More About

Sfassen

Interview

Continued from Page 1

by private citizens could only provt»
helpful and would not constitute a
unilateral conference that would he
embarrassing to the United Nations.

The onetime Governor of Min-
nesota and delegate to the U. N. or-
ganizational conference here in 1945
reiterated his opinion that the Com-
munist party should be outlawed in
the United States.

But he does not favor imposition
, of loyalty oaths on university pro-
fessors—at least, not at the Univer-
sity of Pennsylvania.

"We, at the University of Penn-
sylvania," he said, "have a strong
tradition that is still policy— that
the faculty is the judge of its own
membership."
PRIVATELY OWNED

Asked directly whether he believes f
faculty members should be required jH
to make special political declara-l
tions, Stassen said emphatically: "I I
do not!" i

Then he added: "But it should be.g
remembered that the University of!'
Pennsylvania, like Harvard, is a *
privately endowed institution and '^
not a State university. The situa-
tion at the University of California j
Is a special problem and since I;
have not studied it, I cannot inter-
pret it." ^'

Here to attend the Associated rr

HAROLD STASSEN
In town for the game

{

FIMED IN TWO SEtnCNS

UCOa^hf|^
Dispute I

Regents Sign,
But Protests
May Come Up

Regents of the University of
California yesterday signed the
new State loyalty oath, and
then "requested"--but did not
order — university employees
to do the same.

Action taken at the lengthy meet-
ing left undecided what might hap-
pen to univer-^ity employees who,
do not sign the new State oath. '9,
Attorney General Fred N. Howser
had given the opinion that univer-
sity regents, officers and employees
must sign in order to collect salary
or expenses.

At the beginning of the meeting,
Board Chairman Edward Dickson
suggested taking the oath en masse.
Before rising. Regent John Fran-
cis Neylan said: "I am delighted to
take the oath, although I do not
subscribe to the theory that it has
been prescribed either for the re-
gents or the university."

RESOLUTIONS

Resolutions adopted by the re-^c
gents provided: L

1— That the regents reserve their b
rights to seek a legal challenge of L,
the requirements of the State oath
of university employees; ^

2— That officers, employees, and:
others are requested to sign the'"
oath in order that they suffer no! J?
financial disadvantage pending pos- J!
sible legal action:

3— That the U. C. comptroller be ot
authorized to set up machinery to n
get signatures to the oath;

4— That the attorney for the
; board prepare a report and opinion ip
as to possible legal action

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5— That "special cases"— people
not signing, people absent from the
1 State, etc.. be dealt with by the
I finance committee of the regents
'on recommendation of the comn-
fjtroUer.

J 6— That a special meeting of the it

('regents be held next Friday in San!s
Prancisco to consider the financial i
situation involved in the State oath

•ANGRY DISCUSSION

I The States order preciptated 1
q angry discussion, in which Regent -
(John Francis Neylan. who led theji
Ifight for the anti-Communist clauseS
^fm university contracts, this time f

IS leading the fight against the State J

oafch.

Only 14 of the 23 active regents r
were present at the meeting. Among; i
those absent were Governor Earl h

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Regents Sign,
But Protests
May Come Up

Regents of the University cf
California yesterday signed the
new State loyalty oath, and
then "requested" — but did not
order — university employees
to do the vsame.

Action taken at the lenpfthy meet-
ing left undecided what might hap-
pen to university employees who
do not sign the new State oath.
Attorney General Fred N. Howser
had given the opinion that univer-
sity regents, officers and employees
must sign in order to collect salary
or expenses.

At the beginning of the meeting,
Board Chairman Edward Dickson
suggested taking the oath en masse.

Before rising. Regent John Fran-
cis Neylan said: "I am delighted to
take the oath, although I do not
subscribe to the theory that it has
been prescribed either for the re-
gents or the university."

RESOLUTIONS

Resolutions adopted by the re-
gents provided:

1— That the regents reserve their
rights to seek a legal challenge of
the requirements of the State oath
of university employees;

2— That officers, employees, and
others are requested to sign the
oath in order that they suffer no
financial disadvantage pending pos-
sible legal action;

3— That the U. C. comptroller be
authorized to set up machinery to
get signatures to the oath;

4— That the attorney for the
board prepare a report and opinion
as to possible legal action.

5— That "special cases"— people
not signing, people absent from the
State, etc., be dealt with by the
finance committee of the regents,
on recommendation of the comp-
troller.

6— That a special meeting of the
regents be held next Friday in San
Francisco to consider the financial
situation involved in the State oath.

ANGRY DISCUSSION

The States order preciptated
angry discussion, in which Regent's
John Francis Neylan. who led theji
fight for the anti-Communist clause j^
in university contracts, this time f
is leading the fight against the State! ?
oath. I

Only 14 of the 23 active regents c
were present at the meeting. Among I i
thase absent were Governor En-' ■
Warren, and Speaker of the A>
sembly Sam Collins.

Neylan was emphatic in his de-
nunciation of the act creating the
loyalty oath and its imposition on
on the university.

"It sets aside the university's inde-
pendence and immunity, and can
later be mvoked to destroy the uni-
versity," he said.

Most of the regents agreed In,^
the discussion that refusal to pay'
salaries to people who did not signij
the new oath would be a violation of J
contract.

Regent Earl Pension suggested
that the State-required oath might
be a "happy solution" for the long-
standing dispute over the univer-
sity contract, .since it was not aimed
at university personnel alone.
Regent Sidney Ehrman demurred,
saying that the present suit by 18
dismissed professors should first be
decided as it was *'one of the most
important in the history of the uni-
versity" in defining the regents'
powers. (The case is due to come up'
in December.)

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Y, CALIFORNIA, SATURDAY

KILLI

UC Regents
Vote Down
Sproul Curb

The University of Galit'or-
nia Board of Regents today
was split over a move to curb
the authority of TIC President
Robert Gordon Sproul.

A long debate developed
when Regent John Francis Ney-
lan introduced a resolution which
would require Sproul to secure
regents' approval before taking
any stand on any legislative meas-
ure affecting the University.

The resolution, offered during
the monthly meeting held here,
would amend the University by-
law. Although the resolution was
defeated, Neylan indicated he will
introduce a toned-down version
at next month's meeting in Los
Angeles,

, Sproul protested Neylan's reso-
• jlution would hamstring his ad-
ji ministration and "put the presi-
dent on a leading string."

In arguing for his by-law
amendment, Neylan reviewed at
length his objections to certain
propased changes in the Univer-
sity's retirement plan.
NO SECRET

One effect of the changes would
have been to make Sproul eligible
for a pension of about $22,000 in-
stead of the $12,000 pension now
'provided. The changes were to
have been approved by the Legis-
lature at the last session, but they
were tabled when certain regents,
led by Neylan, opposed them bo-
fore the legislative committee!
studying them.

Gov. Goodwin Knight, attending
his first Regents' meeting since

rr«otinaed an P^e 2. Column 3J

{

niMED IN TWO SECTIONS

f

Neylan Tries
To Trim yi_^
Sprout's Job

Continued From Pagfe 1

regular State system was with-
drawn from the Legislature!
after protests from Neylan and
other regents.

They claimed they did notj
know in advance that the billi
would give Sproul and several
of his assistants pension in-
creases over those the univer-
sity system would provide.

Sproul protested that Ney-
lans amendment would "ham-
string his administration and
put him "on a leading string."
He and his assistants do not
now present matters to the
Legislature unless the regents
have approved, he said.
BITTER WRANGLE

After a long, bitter wrangle,
during which many of the past
controversies were reviewed.
Neylan announced that he
would withdraw the motion and
would form another after con-
ference with Admiral Chester
Nimitz and Edward W. Tarter,
who offered an amendment dur-
ing the quarrel. !

Gerald H. Hagar. obviously'
believing that the Neylan'
motion could be defeated dur-
ing the meeting yesterday, of-
f'^red the motion himself and!
announced he would vote
against it.

This maneuver cau.sed a long
parliamentary debate, which
ended only when Neylan an-
nounced that he was willing to
let the motion go to vote, but
would recommend to those
siding with him that everyone
vote against it. ' I

The vote, announced bv Gov-
ernor Knight, was 19 against,
none for.

'NO MORE DEAI^'

Governor Knight said. "We're
going to get it so there are no
more secret pension deals ini
this university." |

Hagar had protested that he
«nd others knew the pension
arrangement, which would have
given Sproul a $22,000 yearly
pension, and that it was required
by the present State pension
laws. j

Neylan's new proposal, to be
debated at the next meeting,
would extend the present by-'
law. which says: "The presi-
dent of the university shall
lepre.sent the corporation and
the university in all matters re-
quiring action by the Legislature
or officers of the State of Cali-
fornia."

! '

{

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drawn from the Legislature
after protests from Neylan and
other regents.

They claimed they did not
know in advance that the bill
would give Sproul and several
of his assistants pension in-
creases over those the univer-
sity system would provide.

Sproul protested that Ney-
lans amendment would "ham-
string his administration and
put him "on a leading string."
He and his assistants do not
now present matters to the
Legislature unless the regents
have approved, he said.
BITTER WRANGLE

After a long, bitter wrangle,
during which many of the past
controversies were reviewed.
Neylan announced that he
would withdraw the motion and
would form another after con-
ference with Admiral Chester
Nimitz and Edward W. Carter,
who offered an amendment dur-
ing the quarrel.

Gerald H. Hagar. obviou.sly
believing that the Neylan
motion could bp defeated dur-
ing the meeting yesterday, of-
fered the motion himself and
announced he would vote
against it.

This maneuver caused a long
parliamentary debate, which
ended only when Neylan an-
nounced that he was willing to
let the motion go to vote, but
would recommend to those
siding with him that everyone
vote against it.

The vote, announced by Gov-
ernor Knight, was 19 against,
none for.

'NO MORE DEALS'

Governor Knight said, "We're
going to get it so there are no
more secret pension deals in
this university."

Hagar had protested that he
and others knew the pension
arrangement, which would have
given Sproul a $22,000 yearly
pension, and that it was required
by the present State pension
laws.

Neylan's new proposal, to be
debated at the next meeting,
would extend the present by-
law, which says: "The presi-
dent of the university shall
represent the corporation and
the university in all matters re-
quiring action by the Legislature
or officers of the State of Cali-
fornia."

NEYLAN'S PROPOSAL

Neylan's proposal next month
would add to it: "... submitting
to the regents for approval any
instrument of legislation to be
presented on behalf of the uni
versity. and keeping the regents
completely informed of all leg-
islative matters affecting the
university."

Neylan earlier in the meeting
delayed a proposed raise in the
present $37-a semester incidental
fee for students to $42 a se-
mester.

The proposal, recommended by
the finance committee, did not
contain enough backgrourd in
formation. Neylan said. It will
be considered at the next meet-
ing also.

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FIU^ED IN TWO SECTIONS

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L. A. Red
Registration
Ruled llleqal

LOS ANGELES, Oct. 7 iJP)—The

new Los Angeles county ordinance

requiring Communists to register

was held in its first legal test today

to conflict with the U. S. Con-
stitution.

The ruling was made by Justice
of the Peace Myer B. Marion who
ordered the release of Henry Stein-
berg, 38. first person arrested under
the law which became effective last
month.

"The ordinance is defective be-
cause it violates basic constitutional
privileges guaranteed to the indi-
vidual by the First and Fourteenth
i Amendments," Marion said in Bel-
vedere Township Court.

S. Ernest Roll, Chief Deputy Dis-
trict Attorney, indicated the case
will be carried to the Appellate De-
partment of Las Angeles County
Superior Court. If this Court should
uphold Marion the case would have
to be taken to the United States
Supreme Court on any*further ap-
peal.

"It is an invasion into a sphere
of activity which is peculiarly re-
served to the Federal Government,
namely: the field of foreign rela-
tion. The Federal Government has
acted through the Internal Security
Act of 1950 (the so-called McCarran
Bill) and to permit counties and
cities throughout the country to
make their own ordinance and
[secure their own methods of regis-
tration would result in maladmin-
istration and utter confusion. For
these reasons, the ordinance is de-
clared to be unconstitutional."

Five UAW Officers
To Co on Trial

DETROIT. Oct. 7 <7P)_Five minor
officers of CIO United Auto Work-
ers Ford Local 600, the world's lar-
gest local union, go on trial Mon-
day night before fellow unionists on
charges of following the Communist
Party line.

The trial will be the first of
its kind in UAW history.

Carl Stellato. right-wing local
president backed by International
President Walter Reuther, preferred
the charges.

If found guilty, the five would
be barred from holding office and
theoretically could be expelled from
the union.

Fresno Loyaify Oath
Forms Are Pink

Special to The Chronicle

FRESNO. Oct. 7— Required to
sign a loyalty oath, Fresno county
workers today signed a "pink" one.

The new State non-Communist
oath presented for their signature
was printed on pink paper.

"Just a ccrtncidence." explained
the official in charge.

U. N. Reporters Elect

NEW YORK. Oct. 7 (/P)— Thomas
J. Hamilton, chief United Nations
correspondent for the New York
Times, was elected president of the
United Nations Correspondents'
Assn. tonight. I

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the law which became effective last
month.

"The ordinance is defective be-
cause it violates basic constitutional
privileges guaranteed to the indi-
vidual by the First and Fourteenth
Amendments," Marion said in Bel-
vedere Township Court.

S. Ernest Roll, Chief Deputy Dis-
trict Attorney, indicated the case
will be carried to the Appellate De-
partment of Los Angeles County
Superior Court. If this Court should
uphold Marion the case would have
to be taken to the United States
Supreme Court on any*further ap-
peal.

"It is an invasion into a sphere
of activity which is peculiarly re-
served to the Federal Government,
namely: the field of foreign rela-
tion. The Federal Government has
acted through the Internal Security
Act of 1950 (the so-called McCarran
Bill) and to permit counties and
cities throughout the country to
make their own ordinance and
secure their own methods of regis-
tration would result in maladmin-
istration and utter confusion. For
these reasons, the ordinance is de-
clared to be unconstitutional."

Five UAW Officers
To Co on Trial

DETROIT, Oct. 7 ^JP)— Five minor
officers of CIO United Auto Work-
ers Ford Local 600, the world's lar-
gest local union, go on trial Mon-
day night before fellow unionists on
charges of following the Communist
Party line.

The trial will be the first of
its kind in UAW history.

Carl Stellato. right-wing local
president backed by International
President Walter Reuther, preferred
the charges.

If found guilty, the five would
be barred from holding office and
theoretically could be expelled from
the union. ^

Fresno Loyalty Oath
Forms Are Pink

Special to The ChroHicU

FRESNO. Oct. 7— Required to
sign a loyalty oath, Fresno county
workers today signed a "pink" one.

The new State non-Communist
oath presented for their signature
was printed on pink paper.

"Just a coincidence." explained
tho official in charge.

U. N. Reporters Elect

NEW YORK, Oct. 7 (/P)— Thomas
J. Hamilton, chief United Nations
correspondent for the New York
Times, was elected president of the
United Nations Correspondents'
Assn. tonight.

Is Carmel's Face Red?
One City Employee Is

Special to The Chronicle

CARMEL, Oct. 7— Carmel's City
Council, long accustomed to esthetic
problems, was troubled today by a
poser of a different color, so to
speak.

The color. Red. There's a Com-
munist on the roster of city em-
ployees.

Mayor Allen Knight informed the
City Fathers at its regular meeting
this week that Norman Duxbury,
caretaker of the municipal Forest

overthrow of the Government by
force.

"I am a Communist, sure, but I
don't believe in overthrowing the
Government by force," he told re-
porters. "That's silly. And not neces-
sary. This Government will collapse
from its own rottenness."

Duxbury, the only registered Com-
munist on the Monterey Peninsula,
said he was not a member of the
Communist Party.

"They won't take me.' he ex-

Theater, was an avowed and reg- j plained

istered Communist. He became a Communist, Duxbury

Some of the Councilmen, stunned,
called for immediate firing. Others
suggested he be given the opportu-
nity to sign the State-prescribed
loyalty oath.

Hearing about the storm he had
brewed, Duxbury came into City
Attorney Thomas Perry's office to-
day an dreadily signed the oath. He
contended this was not perjury be-
cause his beliefs did not extend to

said, when he visited Russia in 1932
"I nearly starved there. It's a ma-
terial hell, but a spiritual haven."

Duxbury gets no pay for his mu-
nicipal job, but lives rent-free in a
city-owned shack adjoining the
theater.

Councilman John Chitwood. a re-
tired naval commander, suggested
that Duxbury be asked to vacate the

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ESTABLISHED 1877 ^^'^^ ^^

{Sermon of the Weefc —

Dn Randolph C Miller
Discusses Restrictions
Of Civil Liberties

Speaking on "The Subversiveness of the Bill of Rights" in his
RnnH^ f^"""" ^\^^' ^^^^"'^ Episcopal Church Sunday morning, Dr.
Randolph Crump Miller dealt with the restrictions of civil liberties in
the face of our fears of Communism.

f»,r^\^!-^'^^ ^^^"^^ ^""^ ^^'^ S^^^^ country," he said, "we think of
the liberties guaranteed to us in the 'Bill of Rights.' the first 10
amendments to our Constitution

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what I am going to say is contro
versial."

He described the freedom of re-
ligion, of the press, of speech, and
the security of the people against
unlawful entry, and "that wonder-

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DR. RANDOLPH C. MILLER...

—discusses Bill of Rights in Sun-
day sermon at St. Alban's Epis-
copal Church.

ful phrase, 'nor be deprived of life,
liberty, or property without due
process of law'." "This, as I see
it," he said, "is the essence of
American democracy.

"In our great land, however, a
new menace has arisen. It is
frankly materialistic, totalitarian
and opposed to freedom as we un-
derstand it. This force of Com-
munism is dangerous both to the
American way of life and to Chris-
tianity. We should combat it.

"But let us see what happens.
Instead of approaching this prob-
lem in terms of rational action, we
allow our emotions to take over.

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the security of the people against
unlawful entry, and "that wonder-

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DR. RANDOLPH C. MILLER...

— discusses Bill of Rights in Sun-
day sermon at St. Alban's Epis-
copal Church.

ful phrase, 'nor be deprived of life,
liberty, or property without due
process of law'." "This, as I see
it," he said, "is the essence of
American democracy.

"In our great land, however, a
new menace has arisen. It is
frankly materialistic, totalitarian
and opposed to freedom as we un-
derstand it. This force of Com-
munism is dangerous both to the
American way of life and to Chris-
tianity. We should combat it.

"But let us see what happens.
Instead of approaching this prob-
lem in terms of rational action, we
allow our emotions to take over.
And when these emotions turn to
fear and distrust, we begin to lose
faith in ourselves, and then our
reactions are not those of people
who have faith in democratic
processes and the free search for
truth. We try to regiment our-
selves in the very areas where
freedom is basic to our way of
life. We begin to think of the Bill
of Rights as subversive, and we
put controls on religion, freedom
of speech and of the press, and
on the right of assembly.

LOYALTY AN ENTHUSIASM

'The president of the University
of Wisconsin writes: 'Loyalty is an
enthusiasm, not an obligation. It
is a way of life, not an oath. It is
a method, not a motto . . . Valid
loyalty cannot be ordered around,
like a draftee on a parade ground.
It must be desired."

'They feared Communism, and
rightly, in Germany, too. So they
had an oath simpler than the one
required in California. But in
eight months the following was
substituted: 'Adolf Hitler. Fuhrer
des Deutschen Reiches und Volkes.'

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of value for Its avowed purpose.
Governor Warren made this clear
when he said: 'We are discharging
these people not because they are
Communists, not because they are
suspected of being Communists,
but because they are recalcitrant
and won't conform to the orders of
this board of regents'. . . .

"There is nothing in the oath to
which I wouldn't gladly assent,
but it is the principle of the oath
which bothers me. It puts a halter
on freedom of speech, and be-
comes a form of thought control;
and this makes us all the more
susceptible to Communist or other
non-democratic influences.

Tf io o„ .,fu PI 1* . "Christianity says that 'you will

It IS an oath of loyalty to a person know the truth and the truth will

r ght then'- '''' ' ""' done ^.ake you free.' It is exactly be- i

iigni men . . . \^^^^^ ^j^^^ lack>such freedom that

T^^ *u^^°"^^ trouble with^ the jwe oppose Communism. They have
*u_. .. j^. . sacrificed the freedom that makes

truth possible ... Wendell Phillips
wrote that 'eternal vigilance is the
price of liberty.* 'God grants lib-
erty.' said Daniel Webster, 'only
to those who love it. and are al-
ways ready to guard and de
fend it'."

oath is that it does not catch Com
munists . . . Thus, the oath is not

Sagimorl, both of Berkeley, have
been named to the president's
scholastic accomplishment list at
California State Polytechnic Col-
lege, San Luis Obispo.

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Sigi| ERNST H. KANTOROWICZ
op Ijine on page 8 where your
ifH.tials appear.

I

EDWARD D t-ANDELS
STANLEY A WEIGEL
EARL M RIRLEY

MOIRA D rORD
T M NORTON

LAW orncES

LAxnKi.R AND Wkioki

27S BUSH STREET
SAN FRANCISCO 4. CALIFORNIA

DOUGLAS 20227

f

Fetoroary 12i 1954

Dear Frlendt

Is a OMplAlJit mA ••py* Tbi 0: ^ Inal will be filed
, ^l7 after yon are food enoogh netic lotisly to follom through
the following:

1. PLEASE iiCT

, ..f

CMISrULLY.

£• The carbon co].^ x. for your files and zsAed ot be retixned,

3« The ribJifta orig:inal is to be returiftedf post uas.et af er
yoa hsTe signed and verified in the light of alx that follovs in
tiJ.s letter*

4* The s- z of the verification should be in the .resence

of a notary ^.^ict «ho elll sign and affix the i.otarlal seel»
If the si re of the ry Is not clearly 1 -blef kindly have

the TV give yoa a : vhereoa tlie naae is y. _. tedt sc that

c ^es can be cc _ Twmd mre with a . er spelling of the l^

If , u ere outside of Ca-- . -£f . 6,

5. Il8'tiaa!*«ily, before . cu slgnt ycu should satisfy yoorself as
to ttm tr _a accuracy of ttte alleg. -_^ns of the complaint • In

this co_ — -If bear In miiid thatt even if you verify the cojiplalntf

it caii be amended in case of later need* Where you may hoVe soise
question as to Ir -1 "^t- neology or matters of that kindt you will
j-'^'- s be well cu^v^^^u .^ trust yuor lawyer and not prec pltate

wtrssary delay.

6, If you are out of "...e State of Callfor .iat there is one
further i rtant detail to w.^Icl :«ou wllx have to attend in con-
nection vriw^, verification. lou will aaec .ot c to sign and swe-r
to tiie verlflcatii before a :.otary poklict but \ou will have to
obtain and h^ve pasted upon t e verif ilcetioi. or affixed to it a cer-
tificate of 9 County Clerk of the cc y wherein the notary fonc-
tions si:^wl. that jtary is -y coaid^sioaed as a notary*

Any et ; notLT; r any lawyer friend caix readily advise you
as to XL have jne simply and c_ . ^iiy. It is not as

c - ^ - - - - 3C as it s'w - .

?• A aslf ««K$drass«d f s :. . ^ ^11 eovs. e is enelosed for

yMBT eiiMiieinleiiin ^ ret Ing -,_u ribbon original of the ce sint

after you have verified it* If yoti have ^ny roestions — ^^. -.«... li-rly

as to the aceoraey of the eoaplai.. . — I u circuAstanees would

|«stlfy your telepbcmlng ae at the off lee (by person to person long
diswanee eali If you have to call by lecg dlatanee).

iMVe

aiittrom sue

/. Oi ie

urself
ge as I

I I J

9. One overall r> ^active is that a^^ the &uii.s be filec at

the same tiLie. We f in this manner to rive lie lie :.o Neyl; n»s

eirorts to create tUc ^ ^"sion thtt the ..on-f : -s 1
of .,rincii..le and have i^^xxtix. ep^-rt aiiong themselves.

10, For xike icLsccxSt so Tar as c
uue c- clence of eaCi. :- /ou, it is c

c:' a.4iXxits of ^ ose !irl ^ :
U ( rexruTneCf v. it t t(
tnat 6 : grcup lI c .
This wixx not ; : .uc f
the c ^ from ±. vr o

the cof'j Ic -. or in o

facts eal

tnat all of the
ve returnee f vit:. tenure t of se who

et aad oi . >^e c rve re^ /isd —
s foilom' s. .0 saM pa -err..

one who v s ic _ ^.. is asked for by
^' -e cu.rt, by ame.^v cf

i:>c

ectl

iMe manners.

. ia r- <-- *

. TTon.^. . ^wtenti _ ....
. . . .-iie I hope :,cc. . ;^11 i^^^u , w^ co..^iai..t

accurate in all respects t if uhe c- jLai" t

May I en

sati<E>- . tor^'

this iet'oer iecVf^- rr ^^-.txuub -..•-■: ^^^ x.
try to clear it ., , . . ...^ .ly b; .^^e^. one/

With affectionate good \_i.. r-

li!:. .-

' - -T'

X- ^ ,

lSC; i-e tif s

SAW:AC

Enclosure

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ANDELS AND WEtGEL

attorn eye at law

Ban Francisco

STANLEY A. WEIGEL
275 Bush Street
San Francisco 4, California
Telephone DOuglas 2-0227

Attorney for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE

COUNTY OF SACRAMENTO

ERNST H. KANTOROWICZ,

Plaintiff,

vs.

No

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
a public corporation; ROBERT M. UNDERHILL, as
Secretary and Treasurer of said corporation;
ROBERT G. SPROUL, as a Regent of the Univer-
sity of California, as a member of said cor-
poration and as President of said University;
DOES I to XXX^ inclusive.

Defendants.

PETITION FOR WRIT OF MANDATE
AND COMPLAINT FOR DAMAGES

Plaintiff, as and for a first cause of action against de-
fendants and each of them, respectfully petitions and alleges:

I.

Defendant The Regents of the University of California is
and at all times mentioned herein was a public corporation having
the organization, powers and duties prescribed and provided for
by Section 9 of Article IX of the Constitution of the State of
California. Defendant Robert M. Underhlll is Secretary and
Treasurer of said corporation. Defendant Robert G. Sproul is a
Regent of the University of California and a member of said cor-
poration and is President of the University of California.

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LANDELS AND WEIQEL

ATTORNEYS AT LAW
San rRANCIBCO

II.

Defendant corporation, by official action duly taken at its
regular meeting of August 25, 1950, caused to be sent to plain-
tiff a letter in form and language identical with that annexed
hereto as Exhibit A, \^hich, by reference, is hereby incorporated
I herein. By said letter, defendant corporation offered, upon the
conditions stated, to renew plaintiff's appointment as Professor
of History at an annual salary of $7,800.00, or, if plaintiff
resigned, to pay plaintiff the severance allowance provided for

therein .

III.

The time within which plaintiff was entitled to resign and
take severance pay was thereafter duly and regularly extended
to and including February 1, 1953.

IV.

Plaintiff refused to comply with the condition prescribed in
paragraph B(2) of Exhibit A, which condition was then and ever
since has been unlawful and beyond the right and power of defend-
ant corporation to impose. In reliance upon and compliance with
defendant corporation's official action providing for severance
pay as shown by its minutes, proceedings and Exhibit A, plaintiff
gave defendant corporation written notice of his resignation on
or about December 17, 1952, On or about February 11, 1953, de-
fendant corporation sent plaintiff a letter, of which Exhibit B,
hereto attached and hereby incorporated herein by reference, is
a true copy, which letter acknowledged receipt of plaintiff's
resignation and defendant corporation's obligation to pay
plaintiff severance payo

Defendant corporation has since deliberately and unlawfully
repudiated its obligations in the premises.

V.

Plaintiff sought, but did not obtain other academic

2.

D I I L

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LANDELS AND WEIQEL

attorneys at law

Ban Francibco

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employment during the year July 1, 1950~June 30, 1951 -.

VI.
Plaintiff has duly performed all of the conditions on his

part to be performedo

VII.

The severance pay or allowance which plaintiff claims and
to which he is entitled, pursuant to the terms of his contract
with defendant corporation as hereinbefore alleged, is the sum
of $7,800.00.

VIII.

Defendants have, and at all relevant times have had, actual
knowledge of the rights and claims of plaintiff, as hereinbefore
set fortho Plaintiff has heretofore demanded of defendant cor-
poration payment of the severance pay or allowance which he
claims and to which he is entitled, but said defendant has not
paid or tendered plaintiff any sum or amount whatsoever for or
on account of his said claim, and all of said severance allow-
ance and the full amount thereof is wholly unpaid,

IX „

As a result and by virtue of the foregoing transactions, it
became, as of the date of plaintiff's said resignation, and now
is the duty of defendants to pay to said plaintiff the severance
pay or allowance specified in paragraph VII above and to initiate
and complete all such procedures and processes, authorize, pre-
pare and issue all such instruments and documents, and do and
perform all such other acts and things as may be necessary and

proper in that behalf.

X.

Defendants have or can obtain sufficient funds to pay to
plaintiff the sum or amount which he claims and to which he is
entitled, but plaintiff is informed and believes that defendants
do not intend to and will not pay or tender any sum or sums

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LANDELS AND WEIDEL

ATTORNEYS AT LAW

San PRANCiacD

whatsoever for or on account of severance pay unless and until
they are compelled so to do by order of this Court.

XI.

Plaintiff has no plain, speedy and adequate remedy in the
ordinary course of law The obligation of defendant corporation
to pay plaintiff said severance pay and of all defendants to ef-
fectuate such payment requires the performance of acts which the
law especially enjoins upon them as a duty resulting from their
I respective offices, trusts or stations. Mandamus is the sole ade-
quate remedy available to plaintiff because (l) the cooperative
action of all defendants will be requisite to authorize, prepare,
issue and honor the warrants or other instruments required to
satisfy and discharge plaintiff's claim, (2) such action cannot
be compelled by an ordinary civil Judgment and (3) the property
of a public corporation being exempt from execution, any such
Judgment would be enforceable only by a subsequent proceeding in
mandate involving further expense, delay and multiplicity of pro-
ceedings, Moreover, in view of the long delays plaintiff (al-
though using due diligence to establish and enforce his rights)
has already suffered, further undue delay would deny Justice and
result in irreparable injury to plaintiff.

XII.

The real parties in interest and parties beneficially inter-
ested are plaintiff and defendants.

WHEREFORE, plaintiff prays Judgment against defendants as
follows:

1. That a peremptory writ of mandate issue out of and under
the seal of this Honorable Court, commanding the defendants to pay
over to plaintiff the amount to which he is entitled as sever-
ance pay, to wit the sum of $7,800.00, with interest thereon at
the legal rate from and after the date of his resignation to
date of Judgment and from date of Judgment until paid, and

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to do and perform all acts and things necessary and proper In
that behalf (and that an alternative writ of mandate issue com-
manding defendants as hereinbefore specified, or to show cause

I

to the contrary, if any they have, at such time and place as
designated by this Court); ^

2. For costs of suit;

3. For such other and further relief as is proper and Just

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LANDELS AND WEIQEL

ATTDRNEYS AT LAW

San FRANCISCO

PLAINTIFF COMPLAINS OF DEFENDANTS AND, AS AND FOR A SECOND,
SEPARATE AND ALTERNATIVE CAUSE OF ACTION, ALLEGES:

I.

Plaintiff hereby incorporates by reference all of the alle-
gations of paragraphs I through VIII of the foregoing first
cause of action, with the same force and effect as if each and
all were herein set forth word for word.

WHEREFORE, plaintiff prays Judgment as follows:

1. That plaintiff have and recover of defendant corpora-

I
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tion the amount to which plaintiff is entitled as severance pay, |
to wit the sum of $7,800oOO, with interest thereon at the legal
rate from and after the date of his resignation to date of Judg-
ment and from date of Judgment until paid;

2. For costs of suit;

3. For such other and further relief as is proper and Just

STANLEY A. WEIGEL
Attorney for Plaintiff

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THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

BERKELEY 4, CALIFORNIA

Robert M. Underhill
Secretary and Treasurer

August 28, 1950

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Professor Brewster Rogerson
Faculty Club
University of California
Berkeley, California

Dear Professor Rogerson:

At the meeting of The Regents of the University of California on August 25,
1950, the Regents voted to renew your appointment as

Assistant Professor of English
for the period July 1, 1950 to June 30, 1951 with salary

at the rate of $4, 800. 00 per aimum, subject to the following conditions:

A. Salary is subject to such deductions as may be required under the
Retiring Annuities System or the State Employees' Retirement Act,
and State and Federal tax deductions.

B. (1) The enclosed constitutional oath required of public officials of
the State of California must be signed before a notary public and
acknowledged by the notary,

(2) The attached acceptance of appointment, including the following
provision:

"Having taken the constitutional oath of office required of public
officials of the State of California, I hereby formally acknowledge
my acceptance of the position and salary named, and also state
that I am not a member of the Communist Party or any other
organization which advocates the overthrow of the Government by
force or violence, and that I have no commitments m conflict with
my responsibilities with respect to impartial scholarship and free
pursuit of truth. I understand that the foregoing statement is a
condition of my employment and a consideration of payment of my
salary. "

must be signed in the form prescribed.

Note: Inasmuch as aliens are not lawfully subject to an oath of allegiance
to the United States or the State of California, you need not, if you are an
alien, execute the constitutional oath and you may delete the phrase
"Having taken the constitutional oath of office required of public officials
of the State of California" from the acceptance letter. However, in such
case, you must include a statement over your signature that you are an
alien and name the country of your citizenship.

C. The signed acceptance letter and the executed constitutional oath (if a
citizen) are to be returned to the Office of the Secretary of the Regents of
the University of California within 10 days from the date of this letter.

Should you not desire to comply with the terms of this appointment, the
Regents have provided that if a written notice of resignation effective as of June 30,
1950 IS filed with the Office of the Secretary of the Regents within 10 days from the
date of this letter, a severance allowance will be granted. This severance allowance
will be at the rate of the annual salary stated herein and shall be pro rated from
July 1, 1950 until other academic employment is secured, but in no case will pay-
ment be made beyond June 30, 1951, the end of the current academic year.

Yours very truly,

/s/ Robert M. Underhill
ROBERT M. UNDERHILL

EXHIBIT A

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THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

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Office of the Secretary and Treasurer

Robert M. Underbill

Secretary and Treasurer

George D. Mallory

Assistant Secretary and
Assistant Treasurer

Marjorie J. Woolman
Assistant Secretary

240 Administration Building
Berkeley 4, California

February 11, 1953

Professor Ernst H» Kantorowicz
22 Alexander Street
Princeton, New Jersey

My dear Professor Kantorowicz:

This is to notify you that having submitted
your resignation within the time limit set. The Regents
of the University of California, at a meeting held on
February 10, 1953, accepted your resignation as
Professor of History, and granted you U£ to^ one year's
salary as severance pay in accordance with a motion
adopted by The Regents at their meeting on August 25,
1950, which provided that "if they file resignations with
the Secretary of the Board of Regents within ten days
after the notice of appointment, be given severance pay
for the current academic year or to whatever earlier
date they secure academic employment. "

Very truly yours,

(signed) Robert Underbill

Exhibit B

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ATTn^NEYS AT LAW

San FRANCISCO

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STATE OF NEW JERSEY )

COUNTY OF )

ERNST H. KANTOROWICZ, being first duly sworn, deposes and

says:

That he Is the plaintiff herein; that he has read the fore-
going Petition for Writ of Mandate and Complaint for Damages
and knows the contents thereof, and that the same is true of his
own knowledge, except as to matters therein stated on informa-
tion or belief, and as to those matters he believes it to be true

Subscribed and sworn to before
me this day of February,

iWf.

NOTARY PUBLIC
In and for the State of New Jersey,
County of

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.1 to the

$100,000— was „ - ^ftd m

,f Chief Federal Judge

Roche on Thursday,

idicted longshore leader

lission to attend a labor

in France.

3. McMillan, assistant

rney. not only opposed

etition, but announced

ment would ask that his

sed to $100,000, whether

ridges was permited to

ountry.

» INSTRUCTIONS

ition disclosed yesterday,
nent spokesman said, that
ictions under which Me-
ted had been garbled in
)m Washington— that ac

Government intended to
icreased bail only in the

Bridges received permis-

abroad.

jrmission was denied by
he.

dial, together with the an-
ntentlon to demand $100,-
jvere denounced yesterday
-•d Gladstein, attorney of
" -^ ' -^s In the pending
'1 proceedinys.
>'ls

.11 tltc Allou \».

e new oath reads:

do solemnly swear (or affirm)
that I will support the Constitution
of the United States and the con-
stitution of the State of California
and that I will faithfully discharge
the duties of my office according
to the best of my ability; that I am
not a member of the Communist
party or under any oath, or a party
to any agreement or under any
commitment that is in conflict with
my obligation.s under this oath,"
REJECTED OATH

The oath rejected first by the
northern and then the southern
branch of the academic Senate
which includes the universitys 1100
senior professors and instructors
read: "I do not believe In and am
not a member of nor do I support
any party or organization that be-
lieves in, advocates or teaches the
overthrow of the United States
Government by force or by any
illegal or unconstiutional methods."
By almost unanimous action the
professors rejected this oath as a
reflection upon their loyalty and as
a potential threat to academic free-
dom.

President Robert Gordon •" "
said it had not yet be*-
•bether the new of

SCHOOL BONDS

The Collins-Dunn bill is designed
primarily to get before the voters a
$250,000,000 school bond issue to
help finance necessary buildings in
various public school districts of the
State.

Other constitutional amendments
which are passed at the current ses-
sion also would be on the November
8 ballot.

Opposition to the Collins-Dunn
bill was announced by George P.
Tucker, who described himself as
an "aide to George H. McLain,
chairman of the Citizens Commit-
tee for Old Age Pension (sponsors
of Px-oposition No. 4 last fall).

"We won't want a special election
prior to the 1950 general election
under any circumstances," said
Tucker, "the old folks would have to
pay for it."

Tucker is registered as lobbyist
for the California Institute of So-
cial Welfare.

PAY INCREASE

The Collins-Dunn bill contem-
plates putting such proposals as the
pay increase for ^ '*^ors; a batch

out dearf-

^onii''^ ee. m-di meant uic actttii.
of the' measures since there is no
inte»^lion to take any further action
upG'ii them.

Eleven years ago the Los Angeles
Democrat sponsored the move which
created the first legislative Un-
American Activities Committee.

Only two speeches were made be-
fore the bills were scuttled. Assem-
blyman Harold K. Levering (R.),
Los Angeles, acting at Tenney's re-
quest, asked "serious consideration"
of the measures. He also asked that
the members vote on the merit* of
the measures and forget the numer-
ous controversies over Senator Ten-
ney.
THREATS CITED

Levering said the loyalty oath bills
should be opposed by no person in
view of the threats to American
democracy by attacks from within
and without by those who would de-
stroy the American form of gov-
ernment.

Then Speaker Sam L. Collins (R.),
Fullerton, stepped down from the
rostrum, turning the gavel over to
Speaker Pro Tern Thomas A. Ma-
loney (R.). San Francisco. Cc* jn»
has taken the floor on fev occasions
'»Mr«ner the ses'lon.

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By ROYCE BRIER

■HE FUNDAMENTAL danger
of the loyalty oath in educa-
tion — any loyalty oath — is
not something a lawyer can put
Into words, not something a pa-
triot can rationally justify Dy
fear, not something a philoso-
pher can unravel by logic.

The fundamental danger is
that the oath, as currently ad-
vocated at the University of
California and elsewhere, tends
to create an atmosphere of sus-
picion, or to intensify a suspi-
cion already in existence, in a
society which in a thousand
ways, positive and negative, is
dedicated to a mutual faith
among men.

Now if that seems fuzzy, let us
see if we can pin it down, par-
ticularly as this factor has not
been discussed at length in the
present loyalty oath furor.

It may be taken as roughly
true that mutual faith among
men has taken political form
only in recent centuries. A little
of this faith existed among the
upper classes in the Greek lim-
ited democracy, but no .«5uch
faith existed in the Roman im-
perium. Such faith is irrecon-
cilable with the oligarchic idea,
Including its monarchial subdi-
vision. Hence the political form
of Henry VIII in the sixteenth
century or of the Russian Polit-
buro in the twentieth, was and
Is quite devoid of mutual faith
among men.

In such societies, in virtually
every political organism known
to men up to the eighteenth cen-
tury, every man was suspect,
whether .serf, noble or king, him-
self. Knights before battle had to
swear again their fealty, no one
could be trusted or was trusted,
and the hangman was never out
of work. And this universal sus-
picion stood in intimate relation
to the universal conviction that
a man was of no consequence,
his life cheap, his thoughts nec-
essarily chained to his time and
custom, more briefly that he had
no integrity In himself, and no
Inherent dignity.

an Wm

-^,Vhi V.^ The City's (

FOUNDED 1865— VOL CLXVIII, NO. 164 CCCC

Schools vs.
Prop. 4

Assembly Unit
Favors Special
Bond Election

Is that true? It's the base on
which have rested all kings and
dictators, the instrument and the
practice by which the strong
have forever ruled the weak.
Curiously, the most rabid loyalty
oath advocate would hardly deny
it is the philosophy and the
t)ractice in Soviet Russia today.

Then is it not also roughly
true that we in the West, when
we set out to establish a frte so-
ciety, devised a system which is

Continued on Page 2, Col. 6

i

By EARL C. BEHRENS

Political Editor, The Chronicle

SACRAMENTO, June 27—
The Assembly Elections Com-
mittee favored the school chil-
dren over the pension pro-
moters this afternoon.

The committee recommended
passage of tlie Collins-Dunn bill
providing for a special election No-
vember 8, primarily for the submis-
sion of a proposed $250,000,000 bond
issue for school buildings in various
State districts.

The bill also would provide that
all constitutional amendments passed
at the current session of tlie Legis-
lature, unless otherwise specified,
also be put on the November 8
ballot.

Pension promoters are objecting to
the special election because the in-
itiative proposal repealing proposi-
tion No. 4. automatically would go
on the same ballot, according to
Secretary of State Jordan and Legis-
lative Counsel Wood.

(The repeal initiative would re-
tain the $85 maximum monthly aid
to the needy blind and $75 maxi-
mum pensions for those 65 years
of age but would restore to the
Legislature powers regardnig so-
cial welfare taken away by proposi-
tion No. 4t. ^

LOBBYIST'S PLEA

George Tucker, representing
George H. McLain, head of the
Citzens Pension organization which
sponsored No. 4, opposed the bill
at the committee hearing.

He said the school bonds might
be defeated because of a light vote
and anyway the pensioners did not
want the repealer submitted to the
\oters before the November, 1950,
general election.

Assemblyman Dunn (D.> Oak-
land in presenting the bill said
its "main purpose is to find a means
of financing public school building
needs."

Bonds would be on a loan basis
and school districts would repay
most of it.

Dunn said the public schools
need $700,000,000 for buildings on
September 1, but declared that huge
sum could not be pronded "at one
time."

He declarAd . . the eleQ||}^iai||-

school population in the next 5 or

6 years will be about 1.000.000 in

. excess of the present numbers and

I even larger than that by I960.

A LOB

The Spokesm<
Tiff With the (

Chapter Six of An .
By STANTON DELAPLANE, CI

PACKED IN COLD GREA
ernor Warren's legislative
toward the ditch with alarn
Having set Warren's whee
safe and sane high road. Califor
when he struck off into the unl

His health insurance and
Commission plans were consid<5
business lobbies have harried
them most is that Warren figh
own weapons.

"Warren is the biggest lobb
raged Senator Randal Dickey of
Alameda. The Republican floor
leader and Warren have been go-
ing round and round on the anti-
pollution bills. Warren wanted
State control of pollution of
streams (by mining, oil and man-
ufacturing interest who dump
their waste in streams). Business
wanted it done at the local level
where things are more easily con-
trolled. The lobbies lined up with
Dickey.

Warren has u.sed every trick in
the book. His flbor leaders have
invaded the districts of opposition
legislators to speak. He has gone
to the radio.

An Assemblyman who gets out
of line may find suddenly that
the Governor s office has made a
number of phone calls to prom-
inent leaders in his district and
he in turn gets telegrams from his
district asking:

"Whafs gouig on up there?"

This makes a legislator thought-

fi
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Cop Who
Dared Wife
To Shoot Dies

Police Sergeant John L.

Burns. 35, who dared his wife,

Dorothy, 34, to shoot him

during » domestic quarrel

Thursday night, died of the

wound at San Francisco Hos-
pital early yesterday.

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Continued from Page 1

almost the exact opposite of
what had prevailed for all time?
What is the opposite of a man who
can be destroyed out of hand by
his King? Why, a man who is im-
mune to such casual destruction,
who is presumed to have integrity
and dignity, and to be a loyal and
decent free citizen, unless it can be
proved under law that he isn't.

That's what we declared tor, it's
what we put into our Constitution,
and into most of the laws we have
written since. It's what our people
froze for at Valley Forge, and what
we died for at Gettysburg, in the Ar-
gonne on Iwo Jima and at The Bulge.
We are eternally set against their
old system where men are mute
and helpless cogs in an omnipotent
social machine, and where to keep
them so we have to mstill in them
mutual suspicion, and set them
watching one another, and perpetu-
ally reiterating their fidelity lest
one stray.

If we aren't for this mutual faith
among men, what are we for. and
what are we bellyaching for about
Uncle Joe's system? If the system
we built and have can't command
the loyalty of the overwhelming ma-
jority of us, it won't take Uncle Joe
to tip It over. It isn't working, and
it'll collapse. Loyalty oaths from
everybody won't save it. But of
course that's arrant nonsense. It is
working and it won't collapse.
Ninety-eight per cent of us are
loyal, and the other two per cent
are in various stages of being moon-
struck. In a clutch with Uncle Joe
or anybody else the two per cent
would melt to a few thousand. This
handful can expect a rough time, no
fooling.

In most cases when an American

takes public office he takes an oath
to uphold the Constitution or the
Constitution and one of the State
constitutions. This is a simple, tra-
ditional, practical oath, having
largely to do with proper adminis-
tration of duties, and does not put
the loyalty of the officeholder to
question. These oaths are derived
from the Presidential oath, and have
always been presumed to be good
for incumbency.

In the postwar situation arising
it gradually became clear that a
very small fraction of those on the
public pay roll, to wit, communLsts,
could not truthfully take this oath.
They had a superior loyalty to
Soviet Russia, and their leaders,
including the Chairman of their
Party, freely admitted it.

This resulted in public unrest,
and a demand that they be removed
from the public pay roll. In addi-
tion, there were some thousands
with communist sympathies. At
the other pole were reactionaries
who saw in this circumstance an
opportunity to suppress all social
criticism. This resulted in friction,
generating heat, in some quarters
and among some elements approach-
ing hysteria. The oath as a rem-
edy arose from this.

It finally reached the schools and
colleges. Harvard and Yale prop-
erly repudiated it, and Just as prop-
erly said, no communists. A great
majority of professors called it a
mere sedative, if not a quack rem-
edy. At California the Board of
Regents devised an oath by which
academic employees would say they
didn't "believe" in violently revo-
lutionary organizations. Most of
the faculty didn't like it, so it was
modified to read that academic and
non-academic employees will first,
renew the traditional oath, second,
deny membership in the Communist
Party, third, deny any entangle-'

IdHoss'Sale
day at the
Main Post Office

San Francisco's main post office
will be the scene of another Gor-
ernment "old hoss" sale toda^.

United States Marshal John A.
Roseen will auction off scores of
articles seized by customs agents
from smugglers, by the FBI from
waterfront looters and by other of
Uncle Sam's sleuths through court
orders of forfeitures.

To go to the highest bidder are a
portable typewriter, women's silk
slips, pajamas and panties, diapers,
canned goods, tea, coffee, raincoats,
leather coats and other wearing ap-
parel, watches, jewelry, electric
shavers and medicines, including
streptomycin.

The auction starts at 9 a. m. and
lasts until 4 p. m., but everything
is to be sold in wholesale lots.

ment "in conflict with the obhga-
tions" of the oath. Unhappily, thi«
seems to be taking an oath to up-
hold, and in the same sentence tak-
ing an oath that you won't violate
your original oath. Or, shall we
say, taking an oath to observe the
oath you have just taken, and how
many of those cycles do you need?
But leave that to the semanticists,
or those directly concerned. If there
be experts in painless loyalty oaths,
let them explain the techniques.
The fundamental danger remains,
that in the remote chance of nailing
a few imprudent commies or their
near cousins, you will infuse a great
institution with a sidelong glancing
suspicion. In defiance of our Amer-
ican faith In mutual faith among
men.

June 28, 1949 ^

Cju

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K^

a

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Jacqueline cochran's
n^f W.uo stick

^

"^

.^

mmsct

UTYs Only Home-Owned ^

165, CCCCAAB SAN FRANCISCO, V

of glass,
rom the

oary, a
-budget
m Cisco,
aggerty
re than
las also
,nd dis-

of Cali-

Jtrains of

ilkyries."

^Vs busi-

^e on the

[yist may

iig lodge

ran.sport

end.
il which
aetween
Jsuccess-
nfidence
,'is]ature
>hed on

years of
nVs in-
lobbyi.n
'lary at

ur first

fn on a

Co/. 3

It

-IAN

)] world's
'•1 energy
'« a few

TheU.C.
Oafh

Faculty Group
Asks Delay
Until October

Faculty members at the
University of California took
steps yesterday to postpone
signmg of the new faculty oath
until October, when the Aca-
demic Senate will convene atl
the opening of the fall semester. I
Professor Joel Hildebrand. chair-
man of the Advisory Committee of
the Academic Senate, called on Presi-
dent Robert G. Sproul yesterday
afternoon to communicate the re-
quest of a faculty group that the'
oath-signin- be postponed until Oc
tober.

Normally, the oath would be pr«.
■sented as part of University con-
tract, which are mailed out indi-
vidually in July.

The "contract" i.s merely a uni-
versify notice of a faculty members
pay. and not a contract of employ-
ment, a university official said A
faculty member therefore could' be
discharged for refusing to take the
oath m October, without breach of
contract by the university.
SPROUL HAS NO COMMENT

The President's office had no

comment to make as to whether or

not the request would be granted

Profes.sor Hildebrand reported.

We are making progress.' He did

not elaborate.

The new move on the part of fac-
ulty members who are still in Berke-
ley for the summer began with an
mformal meeting at the Faculty
Club Monday night.

Most of the 35 senior faculty
members present thought the new
oath was as unsatisfactory as the
old.

They maintained that it was the
nght of the Academic Senate, which
cannot a.ssemble until October, to
consider the new oath before faculty
members were required as individ-
uals to sign it.

They sent a four-man committee
to Pi-ofessors Joel Hildebrand and
Benjamin H. Lehman, who had re-
ported to University President Rob-
ert G. Sproul the faculty's disap-
proval of an earlier oath adopted m
March.

Professor Hildebrand agreed to
communicate their views.
MUTUALLY ACCEPTABLE* I

cry

a

I I

to.

of glass,
rom the

^ary, a
j-budget
ancisco.
i.aggerty
re than
ms also
.nd dis-

of Cali-
trains of
ilkyries."

y's busi-
le on the
/ist may
ig lodge
ransport

end.
il which
between
success-
ifidence
dslature
.hed on

years of
nfs in-
■obbyist
lar>' at

ur first

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nol. 3

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iicl*

world's

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\ a few

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istruction
ay blow it-
State into
I
t)ility was
• by David
nsen Jr. of
f Laboratory
metric Com-
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Engineers,

rave conse-

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datory that

mtroLs func

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that cor-
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how the
Five ma-
ill be the
jven, pro-
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liquified at
i be piped

up heat.

will then
I water in-

Until October

Faculty members at the
University of California took
steps yesterday to postpone
signing of the new faculty oath
until October, when the Aca-
demic Senate will convene at
the opening of the fall seme.ster.

Professor Joel Hildebrand. chair-
man of the Advisory Committee of
the Academic Senate, called on Presi-
dent Robert G. Sproul yesterday
afternoon to communicate the re-
quest of a faculty group that the
oath-signing be postponed until Oc-
tober.

Normally, the oath would be pre-
sented as part of University con-
tracts, which are mailed out indi-
vidually in July.

The "contract" i.s merely a uni-
versity notice of a faculty members
pay. and not a contract of employ-
ment, a university official said. A
faculty member therefore could be
discharged for refusing to take the
oath in October, without breach of
contract by the university.
SPROUL HAS NO COMMENT

The President's office had no
comment to make as to whether or
not the request would be granted.

Professor Hildebrand reported,
"We are making progress." He did
not elaborate.

The new move on the part of fac-
ulty members who are still in Berke-
ley for the summer began with an
informal meeting at the Faculty
Club Monday night.

Mcst of the 35 .senior faculty
members present thought the new
oath was aa unsatisfactory as the
old.

They maintained that it was the
right of the Academic Senate, which
cannot assemble until October, to
consider the new oath before faculty
members were required as individ-
uals to sign it.

They sent a four-man committee
to Professors Joel Hildebrand and
Benjamin H. Lehman, who had re-
ported to University President Rob-
ert G. Sproul the faculty's disap-
proval of an ea,rlier oath adopted m
March.

Professor Hildebrand agreed to
communicate their views.

MUTUALLT ACCEPTABLE'

I In the resolution passed by
Senate at a special meeting
weeks ago, it requested that
oath be deleted, or revised "in a
manner mutually acceptable to the
Regents and the members of the
Academic Senate."

Faculty members Monday night
described the new oath as it now
stands as "a unilateral action by
the Regents."

No one is registering objection to
signing the traditional oath re-
quired by the State Constitution.

The faculty objection Is to the
remainder of the oath: "d affirm •
that I am not a member of the
Communist party, or under anv
oath, or a party to any agreement
or under any commitment that js
m conflict with my obligations un-
der this oath."

Some faculty members maintain
this is a violation of their personal
rights and the accompanying state-
ment is 'insupportable."

The statement declared the "pol-
icy" of the Regents was not to hire
Commmnsts. Later on it said that
anyone whor advocates doctrines "in-
consistent with this policy' should
I be fired.

This means, in effect, faculty
members said, that any member
who maintains that Communists
should be allowed on the faculty
would himself be subject to firing—
a violation of academic freedom

as th
vlrtuR
early
New 1
name
years.
Wai
July
Demo
run
electi
kept }
line.

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a "g

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by a

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sition
tion
(D. C
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The

the

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itsell

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John,
clear,
the I.
differ(
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Con

Mrs
Con

WASH
Senate F
today ap
Perle Mt
Minister

Chairm;
there wa;
Mesta — a
President
the Democ

Truir

House Okays New _ .
Purchasing OfficeRfj

WASHINGTON. June •*-
'»nuse. passed and

•-v.j^

FII/ttD IN 'I>*0 SBCnONS

V^^ V — ^The City's Oniy Homi- Owned Ncwspakr J

Founded by M. H. de Young, Publisher 1865 to 1925
GEORGE T. CAMERON. Publisher PAUL C SMITH. Editor

EDITORIAL PAGE

PACE 18

THURSDAY, JUNE 30, 1949

CCCCAA

Good Reason to Delay Oath

This newspaper, having followed closely
and with deep interest the development of
the loyalty-oath matter at the University
of California during the past few weeks,
urges that any decision be postponed un-
til October. At present the academic year
J5 over, and the faculty has scattered for
the summer. In October the Academic
Senat* will meet again and the matter can
be gone into as exhaustively and calmly as
it deserves. In the meanwhile, there are
aspects of the matter that merit the
thoughtful and earnest consideration of all
parties — the Board of Regents, the admin-
igtratlon. and the faculty.

In brief, the situation come* down io
this:

The traditional oath by which faculty
members pledge fealty to the Constitutions
of the United States and the State of Cali-
fornia was amended to include a clause
stating "that I do not believe in and am
not a member of, nor do I support any
party or organization that believes in, ad-
vocates or teaches the overthrow of the
United States Government by any illegal,
unconstitutional means."

The Academic Senate, comprising most
of the faculty, met before the close of the
spring term and objected almost unani-
mously to the statement regarding "belief."
Quite properly, in our judgment, it pro-
tested that censorship of "beliefs" amounted
to an effort at thought control, and con-
flicted with freedoms guaranteed by the
Constitution.

A committee of the faculty sent a re-
port to the Regents, whereupon the Regents,
In consultation with and by agreement of
the President and some faculty advisers,
prepared a substitute pledge which con-
tinued the traditional oath but appended
a paragraph stating "that I am not a mem-
ber of the Communist party or under any
oath, or a party to any agreement or under
any commitment that is in conflict with
my obligations under this oath."

This version found the faculty as a whole
divided. Some respected and responsible
professors said they would readily sign it.
Others of equal stature said it was still ob-
jectionable.

We a^ree with tliose who find it still ob-
jectionable.

kmmnmm^nv ♦>■«« <« •.^r» stmnlA matter, f p^

with sound, democratic principle. We feel,
furthermore, that in this instance public
opinion has not yet congealed completely
— that it has reacted spontaneously under
the strident counsels of the uitch-hunters,
but is still open to suasion by the calmer
voices.

So we urge all hands at the university
to consider whether this amended oath,
though stripped of the obnoxious word
"believe." is not still an infinitely poorer
oath than the one which simply states
loyalty to the two Constitutions.

In our judgment, the revised oath ex-
tracts no greater indication of loyalty than
the traditional oath— if one is loyal to ♦he
Constitution, that is the ultimate in Amer-
ican loyalty. To go beyond that positive,
simple declaration and require an enu-
meration of the things one Is against, then,
Is not only redundant, but is necessarily
an expression of suspicion and a reflection
upon the loyalty of the oath-taker. We
have not heard that Communism is so
prevalent upon the Berkeley campus that
one must bring into question the loyalty of
every faculty member and every other em-
ployee in order to weed out the subversives.
We have heard, and are willing to believe,
that there are no Communists in the Berke-
ley faculty. But if there were, they
wouldn't be turned up by a loyalty oath.
A Communist is a liar by definition and. If
it suited his purposes, would take any oath
without batting an eye.

We commend President Sproul, the fac-
ulty and the Regents for their determina-
tion to keep Communists off the faculty of
the University of California; in that posi-
tion they stand firmly and soundly with the
presidents of Yale. Harvard, and other
great institutions of learning, A Commu-
nist is a bigot — the mental prisoner of an
Ideological tsranny— and as such cannot
be a fit teacher in the democratic tradi-
tion.

But it is one thing to stand firmly
against Communism and Communists on
the faculty and another to impugn the
integrity of every faculty member in a
foolish and necessarily fruitless effort to
exorcise ideological demons. We recom-
mend that that distinction be weighed in
all of Its aspects and implidktions before
the basic oath — ^the positl^i^nd compre-

W

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PAUL C S»

EDITORIAL PAGE

MCE 18

THURSDAY, JUNE 30, 1949

CCCCAA

Good Reason to Delay Oath

This newniMper. having followed closely
and wtOi tfwp interest the development of
the loyalty-oath matter at the University
of California during the past few weeks,
urge? thai any decision be postpooed un-
til Octotier. At present the academic year
is ovw, and the faculty has scattered for
the summer. In October the Academic
Senate will meet again and the matter can
be gone int.o as exhaustively and calmly as
It deBerves. In the meanwhile, there are
r aspects of the matter that merit the
: thoughtful and earnest consideration of all
parties— the Board of Regents, the admin-
istration, and the faculty.

In brief, the situation comes down to
this:

The traditional oath by which faculty
members pledge fealty to the Constitutions
of the United States and the State of Cali-
fornia was amended to include a clause
stating "that I do not believe In and am
not a member of, nor do I support any
party or organization that believes in, ad-
vocates or teaches the overthrow of the
United States Government by any illegal,
unconstitutional means."

The Academic Senate, comprising most
of the faculty, met before the close of the
spring term and objected almost imanl-
mously to the statement regai'fflng ""befief ."
Quite properly, in our judgment, it pro-
tested that censorship of *TjeIiefs" amounted
to an effort at thought control, and con-
flicted with frewJoms guaranteed by the
Constitution.

A committ.ee of the faculty sent a re-
port to the Regents, whereupon the Regents,
in consultation with and by agreement of
the President and some faculty advisers,
SawpuwS a subeHtute pledge which con-
tinued the traditional oath but appended
a paragraph stating "that I am not a mem-
ber of the ComnraziiKt larty or under any
oath, or a party to any agreement or undej-
any commitment that is in conflict with
my obligations under this oath."

This version found the faculty as a whole
divided. Some respected and responsible
professors said they would readily sign it.
Others of equal stature said it was still ob-
jectionable.
We agree with those who find It BtiD ob-

Asiuredly, this is no simple matter, and
we are sympathetic with President Sproul
in hfe obligation, as a public official, to
appraise and rcMt to public opinion.

Bm we are sure that President Sproul
will Mfree with us that there is an equiva-
-flOBt, or even superior, obligation upon him,
tqnm Ite Regents, and upon the faculty of
the unifBMdty — as there te upon this news-
paper— to stand against public opinion
whenever that opinion B.ppeBTB to conflict

with sound, democratic principle. We feel,
furthermore, that in this Instance public
opinion has not yet congealed completely
— that it has reacted spontaneously under
the strident counsels of the witch-hunters,
but L«; still open to suasion by the calmer
voices

So we urge all hands at the university
to consider whether this amended oath,
though stripped of the obnoxious word
"beUeve," Is not still an infinitely poorer
oath than the one which simply stat^^s
loyalty to the two Constitutions.

In our judgment, the revised oath •ex-
tracts no greater indication of loyalty than
the traditional oath— if one is loyal to ♦he
Constitution, that is the ultimate in Amer-
ican loyalty. To go beyond that positive,
simple declaration and require an enu-
meration of the things one is against, then,
is not only redundant, but Is necessarily
an expression of suipicion and a reflection
V^OXL the loyalty of the oath -taker We
hare not heard that Communism is so
prevalent upon the Berkeley campus that
one must bring into question the loyalty of
every faculty member and every other em-
ployee in order to weed out the subversives.
We have heard, and are willing to believe.
that there are no Commonists in the Berke-
ley faculty. But if there were, they
wouldn't be turned up by a loyalty oath.
A Cnimnimitt is a liar by defuillion and, if
it setted his purposes, vosid take any oath
wittioul batting an eye.

We commend President Sproul, the fac-
ulty and the Regents for their determina-
fion to keep Communists off the faculty of
the Bnlrersity of California; In that posi-
tion they stand firmly az^ »undly with the
preBWJttits of Yale. Harvard, and other
great Institutions of learning. A Commu-
nist is a bigot— the mental prisoner of an
ideological tyranny— and as such cannot
be a fit teacher in the democratic tradi-
tion.

But it is one thing to stand firmly
acaiost Communinn and Commuaifis on
the faculty and another to «"■!— ^ t^
intcjgxiigr «f every faculty neater in a
fooHfto and oeoeeiarily fruitteai -effort to
cxordffle ideelogluaj demons. We recom-
mend that thai distinction be vcdighed in
«il of its aspecti and im^UHtkms before
the basic oatib— the posl1t4 tnd compre-
hend^ pledge of loyaltj-fco the pfjricipjef
of democracy — ^is tampered wttix.

Th« filmzde^ ttaiffiiU^rwMid ttUng ^to dn
would be to gMp Hue «i|ti tack to lu e&-
aentteJe mt the next m^edli^ of the Board
of Regents. But ii^ ftcjr efcot the present
^^^ '^''"'^ ^^ ^ required until" it has
been ezaaduMf and discuaeed kx<be Aca-
demic Senate ^en its meaterdiip is once
more avallal% to as»cmbl«— that is, next

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Adnatir resort island of Brioni,
thr Belgradr radio reported

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5 *-

Ex Post Facto Victory ^ ^^

Tenney Wins U. C. Oath Test Vote

ciA

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tin
tel

Sptcui to The CMrtmitte . Tcnncvs owH serics ol loyalty

BACRAMENTO .7une 30— Sena- oath bills, including a proposed

tor Tenney, Un- American ActivitiCM constitutional amendmem affect -

chairman. scor«d a victor^ tonight, mp thf Statr unlverslt^ taculty,

m obtainine Upper House approval
of a somewhat obsoletr As,'^embl^•
resolution commendinf thr Regents
of the University of California on

have been killed in the Aawmbly.
Senator Drobish CD.". Banpor un-
successfully attempted in hold up
action on thr resolution until it

Ol

their proposed loyalt% oath forjcom^j ^f brought up to date in

taculty members. ji^p ^^^^ ^he newer loyalty oath

STNorsisor-THi ANNUAi STATEftiENT ' ^PP^^ved bv thf Regent? since thp

resolution wap introduced originally

by A«semb!vman Levering (R.). Los

Ant^elee and others

Tenney, however, insisted upon

T»«i«Tgiir,^ immediatp action He said thr Drob-

9« madfi )sn move was an attempt to give

r or tua*

SAINT PAUL-MEflCURY
NIKMNnrY COMPANY

^_ Wilmmgten m the Bute o: Delawan

o« 1

to f.

BUltr

da' o,' Decembei 1918
:raner Commisstone
Ua.Utomia pursuani to law

ASSET6

TiEDCBR ASSETS:

Bonds and fteeks ... $33.»0.S09.53

Oush to omuMuay's ofliM md

m tanks 2.O43.106.SO

Pmntums tn ocoMc or c»i«

toeUon «.4<8,9«o.'

Bills reeclvabk 10. 18b. u

OLIer ledftT MMte 372.813.93

Ledfsr assets

NON.LEDOBK ASSETS
JLntcred and rents due or
a«cruaij

Total «ro»s asaats

Deduct asaets not admitted.

.4i2.01^.60;>.33

272.442.67

42.28«.(Ho.OO
1.204.334

ToUI admitted auet^ S4i.083.«o:;.

LZABILXTIEF

claim: except
woricmen's eom-

Nei

Jiac...

ueniatioii $ :.6T7JttJi

Bpecia reaerve tor uaxMld

liability and worlcman's cesi-

pcnsatioii claim* ... 11«SW.707.M

Estimatec expense: at m-

vestuatioi. and adlustment

or claims 434.685.84

Total uneamw) irremtums on

rcr risks 13.«70.4SS.ia

'- :oiu and brokerage

'-.'J- n- u become due :.'"' "f "T

All oUier liablitties :

Total llabUlUeh incceDt cap- |

"I and aurslus) M1.20&.434.P"

3.OOO.0OO.>'

6.878^5S.'x.

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When you think of

STUDEBAKER

think of

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SAN FRANCISCO'S OLDEST
fST. STUDEBAKER DEALER

the Assembly "a face saving" device
since that body had knocked doym
thr loyalty oathi- he hac authorf'n

Drobish said he had talked \ -'■
President Robert Gordon Sprouj of
thr Statr university whr^ informed
him of the nevi oath which will be
held in abeyancr until September
because ol g move to iron out dil-
lerenccF between the faculty mem-
berK and the Regents on the oath
matter

Senator O'Oara D.i, San Pran-
cisco, recited the entire history of
the loyalty oath leRislation

"The Lepislaturc.' declared O'Gark,
"haf; repudiated thi^ whole loyalt>
oath a£ a matter of policy and now
wr lyr trying to Intimidate the
Repent.'- with thi/; silly re.solution "

Drobish sought to question Ten-
ney 01 points involved but the "Dn-
American Activities chairman re-
lused to an."?wer any queries

The resolution was finallj" i^>-
proved 27 tc 6.

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MUST REMOVE
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When di«orrt*r of Kidney tvtteOm pwroltji
poiaonour matt«' tr remair ii you' bi.»of.
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Pills B stimuian; diureUc. lucu succesatuliy
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lOedCocd

PRESIDENT SPROUL (SEATED) AND AIDES
Up from Ag HjII, down from rhe cyclotron

CALIFORNIA

Crisis at Cai

The faculty of the University of
California is larger than many
college student bodies, and more
assorted.

It is large enough— 3000 strong
—to form three infantry battalions.
Eleven hundred of these scholars
are the elite. They are the upper
teaching bracket and make up the
Academic Senate. The elite 1100,

See CALIFORNIA

California not only the largest,
but the greatest in the world.
Two weeks ago the faculty decided
that the Regents had failed that
trust, and that it was up to the
faculty to take action.

Piece of Business. The trouble
began last March, when the Re-
gents, or most of them, assembled
in a Santa Barbara classroom
(their regular meetings shift from
one campus to another). President
Sproul, in his voice, which is too
large for anything but the Memo-

Cf n ^^«««

{v-t^^^^w^-t^'J '^ /% «Tr»

farm experts drifted up from Ag
Hall, the artists crossed Facultv
Glade from Spreckels Art build-
ing, and even sortie engineers lelt
their wind tunnels to mount the
steps of Wheeler Hall.

At 4:10 the meeting had to be
moved from a small auditorium
to a big one. No Senate meeting
had ever been so well attended

There was no cohesion. . A lot
of separate people had prepared
speeches empha.sizing different
points. Some had prepared ques-

Things were different ncyw on
the Berkeley campus The pro-
fessors were widely .scattered for
Uie summer, and could not meet
officially. But last week there
were little groups buzzing, holding
meetings, calling each other on
the telephone. They were surer
of their strength.

There were many objections to
the oath on various legalistic
grounds. But principally the pro-
fessors, having found that they
could act with a single mind, rti«i
not want to see that unity fall
prey to a national hysteria.

Why should we sign an oath
that we are not Communists V
one asked. "My wife doesn't ask
me every night to .swear I haveni
been untrue to her. Its the same
idea."

By small pres.sures and queries,
the profes.sors who were still in
town learned one thing: Thai
they wouldn't have to sign the
oath until the fall .semester began.
The no-oath-no-pay rule wovild
not be enforced before the end of
September, by which time <>he
Academic Senate would be able tc
assemble again.

If enough professors agreed tnai
the oath was a violation of their
trust, they might make another
stand, a stand which would, a*,
they knew, affect the course o!
loyalty oaths and academic free-
dom over the Nation.

What effect any protest wou.d
have was unknown. Legally, the
Regents had the last word, and
could impose any oath they liked
But regardless of law, the pro-
fessors were convinced that they
and not the Regents, were the
university.

THIS WORLD. |u»y 3. 1*54^

PALO ALTO

Upright Man

Ray Lyman Wilbur would have
approved of his eulogy It was. like
the man himself, precise, factual
and devoid of frills.

He frowned on frills. There is
too much buncombe.' Wilbur once
said, "in politics, too much super-
stition in daily life, too much ex-
aggerated and pcrvrrted emotional
life." And although he al.so looked
down his long nose at too much
campus fol-de-rol, he thought
that "boys that make trouble" to
college were best adapted to
'treating facts as facts."

In 74 years, Wilbur tackled three
profes.sions. He began his career
as a phy.sician, became an educa-
tor, took leave for a few years to
be Secretary of the Interior, then
returned to Stanford University,
which he .served for 27 years as
president and six as chancellor.
In every job, he lived by the
motto: "Get the facts."

• When Wilbur wa.s a freshman
at Stanford, a chunky kid in a
stiff collar called at his dormi-
tory to sell laundry service. He
said he was from Iowa. Wilbur
was, too. The two formed a fa.st
friendship that lasted through the
days when the laundry .salesman
became the 30th President of the
United States.

Like Herbert Hoover, Wilbur
had come to Stanford "because it
didn't have any i\-y on the walls."
Like Hoover, Wilbur beUeved that
anything that smacked of regi-
mentation was poi.son. Like
Hoover, he bridled at the New
Deal. He was as upright as the
stiff white collar he always wore.
In Stanford Memorial Church,
the university's current president.
Dr. Wallace Sterling, declared:
"It is given to few men to live a
life so full and influential as was
that of Ray Lyman Wilbur. , ."
For in addition to three success-
ful careers while rearing his five
children. Wilbur had fathered the
California Physicians Service, had
served as president of both the
American Academy of Medicine
and the American Medical Associ-
ation, had battlpf^ ^'^-^ Kott*»». ».oir»

PRESIDENT SPROUL (SEATED) AND AIDES
Up ♦rom Ag Hall, down from rhe cyclotron

CALIFORNIA

Crisis at Cal

The faculty of the University of
California is larger than many
college student bodies, and more
assorted.

It is large enough— 3000 strong
—to form three infantry battalions.
Eleven hundred of these scholars
are the elite They are the upper
teaching bracket and make up the
Academic Senate. The elite 1100.
however, have very little in com-
mon.

Businessmen and Moths. Some ol
them work at surgery under flood-
lights at Cal Hospital; others pamt
abstract pictures. One man may
specialize in the disease of poul-
try and spend most of his time in
the chicken yard; another may
haunt the library and study 16th-
century Spanish drama. Their
haunts range from B-29's in the
stratosphere to diving bells at the
bottom of the sea. Some live the
regular lives of businessmen as
they drive each day from their
Berkeley hillside homes to classes;
others flit about the country like
moths.

This group of learned men ifi
ruled, at a generally satisfactory
distance, by the Regents of the
university.

The Regents of the University
of California are few, a platoon
at best. There are 24 of them,
and they, too, are of different
backgrounds and tastes.

As a group, the Regents are
closer to being graybeards than
are the faculty, and they reek
more of worldly success. Eight ol
them— like the Governor of Cali-
fornia and the Lieutenant Gov-
ernor, alumni president, and others

are Regents because of the jobs

they happen to hold.

The other Regents, who include
lawyers, bankers, an oil man and
an osteopath, are men who have
generally achieved leadership in
the business world. They meet
once a month to stamp their ap-
proval on the business affairs of
the university, to give formal ap-
proval to rules, appointments, and
leaves, and, according to the State
constitution, to "keep the univer-
sity free of political or sectarian
influence."

The one man who stands oe-
tween the two groups is Univer-
sity President Robert Gordon
Sproul. He is of both groups and
outside of both. As 8 Regent, he
presents Regents'views to faculty.
As chairman of the Academic Sen-
ate, he represents the faculty to
the Regents. And in Sacramento
he represents both to the legisla-
tors, who hold the purse strings.

What has held all groups to-
gether has been the common de-
sire to make the University ol

See CALIFORNIA

California not only the largest,
but the greatest in the world.
Two weeks ago the faculty decided
that the Regents had failed that
trust, and that it was up to the
faculty to take action.

Piece of Business. The trouble
began last March, when the Re-
gents, or most of them, as.sembled
in a Santa Barbara classroom
(their regular meetings shift from
one campus to another). President
Sproul, in his voice, which is too
large for anything but the Memo-
rial Stadium, introduced a .new
piece of business.

It was a loyalty oath. It was
not the first loyalty oath to face
the faculty — for years they have
willingly signed the standard
pledge of allegiance that the State
constitution pre.scribes for all State
officers :

"/ do solevinly swear (or aj-
firm) that I will support the
Constitution of the United
States and the Constitution of
the State of California and ^
that I will faithfully discharg^i
the duties of my office accord-
ing to the best of my ability."
Sproul read a suggested addi-
tion to this oath, and the Regents
passed it unanimously. There was
no announcement or publicity.

Two and a half months later,
professors in their Berkeley and
San Francisco and suburban
homes read their Sunday papers
and were brought up with a jerk_
^ The newspaper stories revealed
that this July the professors would
be required to sign the old oath
plus these additional words:

"I do not believe in and am
not a member of, nor do 1
support any party or organiza-
tion' that believes in, advo-
cates, or teaches the over-
throw of the United States
Government by force or by any
illegal, unconstitutional meth-
ods."

The professors would make no
public statements. But they be-
gan telephoning each other. A lot
of faculty members wanted to
find out if it were true and, if so,
why it had happened without theii
knowledge. The calls began pour-
ing into President Sproul 's office
It was an unfortunate time
Students were taking their last
finals, and their profejssors were
swamped with papers. President
Sproul was embroiled in a succes-
sion of senior activities and com-
mencement addresses and honored
guests on various campuses.

To shut off questions, he an-
nounced that a special meeting of
the Academic Senate would oe
called for Tuesday. June 14, at
which time all questions would be
answered.

"We're the Ones." At 4 o'clock
that Tuesday the physicists came
down from the cyclotron, the

farm experts drifted up from Ag
Hall, the artists crossed Facult\
Glade from Spreckels Art build-
ing, and even some engineers left
their wind tunnels to mount the
steps of Wheeler Hall.

At 4:10 the meeting had to be
moved from a small auditorium
to a big one. No Senate meeting
had ever been so well attended

There was no cohesion. . A lot
of separate people had prepared
speeche.s empha.sizing different
points. Some had prepared ques-
tions, some resolutions, some sp-'»ke
off the cuff; a blind professor ol
speech ran his hands constantly
over Braille tablets. None were
impassioned, most were serious
but there were frequent bursts ol
laughter

What surprised all the faculty
most was to find that they agreed
They wanted no part of the oath
More than 500 voted yes. and only
four no. when they agreed to ask
the Regents, through President
Sproul. to delete the oath.

One of them summed up the
feeling of the whole: "The Amer-
ican people are being beset by
strange devices. Someone must
make a stand for good faith and
freedom, and we're the ones who
should do it."

The resolution adopted by the
Academic Senate left the Regents
some face-.saving device. If they
wouldn't kill the oath, they might
amend it "in a manner mutually
acceptable to the Regents and the
Academic Senate.'

A standing committee, com-
posed of Chemist Joel Hildebrand
and Litterateur Benjamin H. Leh-
man, was supposed to work out a
report for the Regents and sug-
gest a po.ssible alternative oath

Gentle little Professor Hil de-
brand and haughty little Profes-
sor Lehman went to work. They
got the unanimous support of the
Academic Senate in Los Angeles
Strens:th Througrh Unity. A
week ago worried President Sproul
carried their report to another
Regents' meeting in Los Angeles.
The Regent.*; went into closed ses-
sion They refused to delete tlie
oath.

They accepted the statement
drawn up by Professors Hildebrand
and Lehman, and then overshot it
by adding to it. The new oath
supplement read:

"(J affirm) that I am not a
member of the Communist
party or under any oath, or
party to any agreement or un-
der any commitment that is in
conflict with my obligations
under this oath."

The Hildebrand -Lehman ver-
sion had said nothing about the
Communist party. Hildebrand was
taken aback; then, after a tele-
phone conversation with President
Sproul in Los Angeles, he gave it
a half-hearted endorsement.
i>:j«V>«'i,KU-cl« lit « •

, ■ a.sL, uiey niigiit .
stand, a stand which would, Mr
they knew, affect the course o:
loyalty oaths and academic free-
dom over the Nation.

What effect any protest wou.d
have was unknown. Legally, the
Regents had the last word, and
could impose any oath they liked
But regardless of law, the pro-
fessors were convinced that they,
and not the Regents, were the
university.

RAY LYMAN WILBUR
A full life

See PALO ALTO

was, too. The two formet st

friendship that lasted through the
days when the 1; ^ .»ialesman

became the 30th i i * -..dent of the
United States.

Like Herbert Hoover. WUbur
had come to Stanford "because it
didn't have any n-y on the walls."
Like Hoover, Wilbur believed that
anything that .smacked of regi-
mentation was poi.son. Like
Hoover, he bridled at the New
Deal. He was as upright as the
.stiff white collar he always wore.

In Stanford Memorial Church,
the university's current president,
Dr. Wallace Sterling, declared:
'Tt is given to few men to live a
life so full and influential as was
that of Ray Lyman Wilbur. . ."
For in addition to three .success-
ful careers while rearing his five
children, Wilbur had fathered the
California Physicians Service, had
served as president of both the
American Academy of Medicine
and the American Medical Associ-
ation, had battled for bett*»r rar*»
for Indians, and had helped to
found the Institute of Pacific Re-
lations. He had lived life to the
full up to the moment of his
death.

Dr. D. Elton Trueblood, Stan-
ford's former chaplain, last week
gave thanks for the life of Ray
Lyman Wilbur. "We are glad this
man lived," he said. "We are glad
he lived so long. We are glad he
lived so well; glad that our liv««
touched his."

Lasr week history was enriched by these human frailtiett

• James Davis, 108, ol Nashville,
Tenn., startled highway officials
by applying for a driver's license,
then ticked off the question of
how he had lived so long with the
reply: "Tending to my own busi-
ness."

• Brian Mitchell of Chesterfield,
England, made a bet with a class-
mate, swallowed 24 22 cartridge
casings, 10 buttons, two farthings,
and a length of metal chain, then
swallowed the halfpenny he had
won.

• Chicago police, having tracked
down the man they said had mur-
dered William Riley six years ago,
reported the news to Riley s wid-
ow, discovered that Riley had re-
covered from the bullet wound
which they thought had kiUed him.

• Superior Court Justice Joseph
E. Warner of Northampton, Mass.,
abolished the luncheon recess m
his court on the grounds that
"eating lunch makes people food
addicts."

• Harold Miloff, a reporter in
Winnipeg, Manitoba, whipped off
four of seven scheduled articles on
Winnipeg pickpockets, then found
out that his notes for the other
three had been filched from his
pocket as he walked along a
crowded street.

• Thieves stole a car from a ga-
rage in Worland, Wyo., stuck the

car in a dit«h, returnecJ and stole
the garage s wrecker, stuck that in
the same ditch, abandoned both in
disgust.

• An unidentified optimist ad-
vertised in the London Times for
a "respon.sible appointment, mini-
mum work and four- figure sal-
ary," offered to "travel anywhere
in luxury only; if really essential
could supply references."

• Walter Tra&k. a radio ham in
Danbury, Conn., went to sleep be-
fore a live transmitter, awoke to
find his room full of police who
had been summoned by fellow
hams who mistook Trask's snores
for groans.

• Clark Pounell rammed a deer
with his motorcycle outside Port
Jervis, N. Y.. landed dazed on the
pavement, reported later that "the
deer walked over and kicked me."
Leopold Pare, another motorcyclist,
started to pass a horsecart in Que-
bec, smashed his face into the
horse's head when the horse
turned to sec what was coming.

• The school board of Dover- Pox-
croft, Maine, appointed its new su-
pervisor of music. Salvatore Pic-
colo, who plays the violin.

• A metal iegt)and issued to a
party banding wild geese in
Southeastern Idaho turned up
mysteriously and firmly attached
to the ear of a Southeastern Idaho^
eow.

EDUCATION

Failure & Death

In Madras, 17-year-old Student Tiru
Venkatam sat down to compose a letter
to his father: "I failed my examination
for the second time," he wrote. *'I cannot
be of any use to my family. I have de-
cided to end my life." A few hours later,
Tiru Venkatam was dead of poison.

India's annual intellectual panic was
on; day after day in all the great cities,
anxious teen-agers pored over newspapers,
scanning the long columns of numbers
that reported the result of the rigid en-
trance examinations for the Dominion's
colleges & universities. It was a week of
rejoicing for those who had passed. They
became family heroes, with bright futures
as teachers or civil servants. Some were
showered with gifts of books and furni-
ture from local shops and factories. But
of the thousands who took the tests, only
half escaped the blight of failure.

India's colleges have room for fewer
than half of their apphcants; the provin-
cial governments, grappling with urgent
problems of widespread poverty and star-
vation, cannot afford to build new univer-
sities. Thus each year, as more boys &
girls come of college age, the demand for
higher education grows more frenzied, the
passion for degrees more fervent. (Even a
•'failed B.A." on a calling card is better
than no college record at all.) Meanwhile,

authorities have been forced to make the
examinations ever stiffen In Bombay
alone, more than 50,000 youngsters took
the 1949 tests.

All week, along with the columns of
results, newspapers carried reports of this
year's tragic wave of student suicides— of
18-year-old Varada Bajulu who tried to
kill himself by swallowing powdered glass;
of Shankar Bhosle, 21, who hanged him-
self; of the lawyer's son, only 15 years
old, who climbed the University of Bom-
bay's 300-foot clock tower and threw
himself off.

Counterattack (Cont'd)

U.S. educators had made it clear that
they were thoroughly fed up: the hunt
for subversive influences on the campus
had gotten out of hand (Time, June 27).
Last week, two more college presidents

cried halt.

The University of Chicago's Robert M.
Hut chins could see nothing but harm
coming from this "cloak-and-stiletto work
. [It] will not merely mean that many
persons will suffer for acts that they did
not commit, or for acts that were legal
when committed, or for no acts at all. Far
worse is the end result, which will be that
critics, even of the mildest sort, will be
frightened into silence . . ." Loyalty
oaths for teachers are utterly useless, said
Hutchins, "for teachers who are disloyal

Acme

FIRST LADIES

These cap-and-gowners, Shirley M. Gallup, Doris B. Bennett, Martha K
Caires. Edith L. Stone, and eight other classmates last week received the fist
M D degrees ever awarded to women by Harxard Medical School. At gradua-
Uon they were the symbolical victors of a century-long battle. It was in 1847
that the first woman began trying to get into the medical school; but Hanard
would have none of her, nor of any women thereafter (one reason: too many
medical women graduates never bothered to practice). Finally, in WS, when
the wartime shortage of doctors had become acute. Harvard relented and ad-
mitted twelve out of 75 applicants. The girls did well No ""^ flunked and two
made am laude (along with 14 men students). Next y^^''^'-'^^!^','?'^^'^
with the performance of the first twelve, plans to have at least 23 girl medics.

Acme

Yale's Seymour
Without oaths, ser-vice.

will certainly be dishonest; they will not
shrink from a little perjury."

Yale's President Charles Seymour
agreed. He wanted no Communists on
Yale's campus, but, said he, "we sha
permit no hvsterical witch hunt. Wt shall
not impose an oath of loyalty upon our
faculty." Yale, he said, had abandoned
trying to "enforce conformity by oath
over 125 years ago." Despite this "lack of
control," added Seymour, "we have done
pretty well in service to 'church and civil

state.' "

By last week, the protests of the coun-
terattackers had begun to get results. As
faculty resistance mounted, the Univer-
sity of California Regents watered down
the new loyalty oath that they had pro-
posed. Staff members would no longer
have to declare that they were not dab-
bling in subversive doctrine, though they
would be asked to swear that they are not
members of the Communist Party.

Meanwhile, U.S. colleges turned a cold,
unfriendly eye on the plan of the House
Committee on Un-American Activities to
investigate college textbooks. Princeton
and Cornell said that they saw no reason
to send lists of books to the committee.
If Congressmen wanted to know what
Cornell was teaching, said Cornell's Chan-
cellor Edmund Ezra Day, "they had bet-
ter take courses there and find out."

No Capital Gains

As a graduate of Oberlin College and a
resident of the national capital, Mrs. Mary
Church Terrell should have been eligible
to join the Washington branch of the
American Association of University Wom-
en. But Mary Terrell was a Negro. In
1946 Washington turned her down.

Though 83, fiery Mrs. Terrell decided
to fight. "I thought I'd be an arrant cow-
ard," she said, "unless I opened the way
for' other colored Vomen." She applied
for membership in the national A.A.U.W.

39

TIME, JULY 4, 1949

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and got in; Washington was ordered to
take her in or get out of the association.
Instead, Washington took the case to
court and won the three-year fight; under
the association's national bylaws, the court
said, Washington had a right to exclude
anyone it chose. Last week, at its national
convention in Seattle, the A.A.U.W. voted
to change the bylaws and require the ad-
mission of any college alumna "regardless
of race, color, creed or religion."

But that would not get Mary Terrell
into the W^ashington chapter. As soon as
the vote was counted, Washington made
its decision: it seceded from the associa-
tion. It was a pity, sighed the quietly dis-
gusted New York Times, "because women
with the advantage of a college degree
really ought to know better, and because
women representing the capital of this
democracy ought at the least to act as
though they believed in democracy."

Goodbye, Messrs. Chips

Each year, U.S. schools and colleges
must say goodbye to many a famed &
favorite teacher, .\mong 1949's retire-
ments:

Smith College's Eleanor Shipley Duck-
ett, 68, crisp, brisk author and scholar of
Latin and medieval literature (Anglo-Sax-
on Saints and Scholars; Gateway to the
Middle Ages) whose Latin 28 was one of
Smith's most uncut classes. A D.Lit. from
the University of London. Miss Duckctt
for years shared a trim white house with
her West Highland white terrier Gregory
(named after Gregory the Great) and
Novelist Mary Ellen Chase [Silas Crock-
ett, The Bible and the Common Reader);
she has long celebrated the completion of
each Chase book by buying its author
an ice cream cone.

Loomis School's Nathaniel Batchelder,
69, stiff-backed headmaster of the Con-
necticut boys' school. Harvardman Batch-
elder helped plan the school which five
childless members of Connecticut's Loo-
mis family (merchants, lawyers, teachers,
divines) decided to found so "that some
good may come to posterity through the
harvest ... of our lives." As the squirish
"Mr. B.", he spent 35 years of his life

40

turning Loomis into one of the top U.S.
prep schools.

The University of Michigan's Here-
ward T. Price, 69, roly-poly Shakespearean
scholar and associate editor of the uni-
versity's Middle English Dictionary. The
son of a British missionary, he was born
in Madagascar, went to Oxford, taught in
Germany, was drafted into the German
army in World War I, was captured by
the Russians, escaped to edit a newspaper
in Peking, finally got to Michigan in 1929.
Through 20 years' teaching Professor Price
never got over the wonders of Shakespeare,
could hardly read a Hne without striding
about the classroom and thundering at
his students: "It's beautiful!"

The University of Illinois' James Gar-
field Randall, 68, most scholarly of the
Lincoln biographers (Lincoln and the
South; Lincoln the Liberal Statesman), a
mild and modest man who could usually
be found on Sunday evenings in his kitch-
en, making talk and scrambled eggs for his
favorite students. From other historians
Randall won respect, though not always
agreement. A Lincolnian with Southern
sympathies, he scorned the school that
looked upon the Civil W^ar as an "irre-
pressible conflict," chose to regard the war
as the tragic error of an emotional and
"blundering generation."

The Harvard Law School's Thomas
Reed Powell, 69, testy expert on the U.S.
Constitution. A stout man with a bristhng
mustache, Vermonter Powell was a pitiless
and unpredictable examination marker.
Known among legal scholars as the "dean
of constitutional law," he was once asked
whether he would take a Massachusetts
teachers' oath to support the Constitution.
"Certainly," replied Powell. "It has been
supporting me for the last 25 years."

The University of California's Walde-
mar Christian Westergaard, 67, authority
on Scandinavian history (Denmark and
Slesvig, J848-1864; The First Triple Al-
liance). Plump, pleasant Professor Wes-
tergaard long ago gave up classroom semi-
nars ("hard seats don't mean hard
heads"), preferred to teach in his own
library, smoking a four-foot-long Danish
pipe.

TIME, JULY 4, 1949

PACE 6 TUESDAY. JULY 5. 1949

SAN FRANCISCO CHRONICLE

CCCCAA

Educators

Teachers Oppose Loyalty Oaths
That Single Out the Profession

Exclusive to The Chronicle
From the New York Times

BOSTON, July 4— By unanimous
vote, delegates representing 350,000
American teachers, passed a resolu-
tion opposing loyalty oaths that
singled out members of the teaching
profession.

This action took place at the for-

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OUAUTY AT low COST

mal opening of the annual conven-
tion of the National Education As-
sociation meeting here. Five thou-
sand teachers, superintendents, col-
lege officials and other leading
educators are attending the sessions,
considered in educational circles to
be among the most important in the
profession.

Each of the 48 States is repre-
sented as well as many foreign
countries.

Many spirited meetings will take
place during the next few days
v.'hen controversial Lssues are
brought Into the open. Tomorrow
William Saunders, New York city
delegate, will introduce an amend-
ment to the NEA constitution to
bar Communist teachers from mem-
bership. This move is expected to
bring heated opposition.

In its action on the loyalty oaths.
the classroom teachers' department
held that such legislation, when
directed solely at teachers, was dis-
criminatory. The classroom teachers
wield tremendous influence in the
association.

"The department reaffirms its
faith in the democratic process and
deplores the growing practice of en-
acting discriminatory legislatipn
that singles out teachers." the reso-
lution held.

Miss Hilda Maehling. executive
secretary of the department, said
the teachers object that when legis-
lation is directed only at them, sus-
picion is unjustly pointed at the
loyal, devoted members of the
teaching profession.

A former member of the New
York city Board of Education, Mrs.
Johanna M. Lindlof, declared that
loyalty oaths will not stop a dis-
loyal teacher from signing such a
pledge. On the other hand, the use
of these oaths may Intimidate lib-
eral teachers.

A shortage of qualified teachers,
inadequate school buildings, over-
size classes and jjolitical Interfer-
ence were cited as the major prob-
lems facing American education in
an address by Dr. Mabel Stude-
baker. president of the NEA. She
declared that Federal aid is essen-
tial if the Nation's children are to
receive an adequate schooling.

Warning that the country was not
"out of the woods" as far as good
schools were concerned, she said
that too many children arc taught
by substandard teachers.

Judge Welcomes Man
Who Came to Dinner

Sptrial in The Chronicle

BUCTOUCHE, N. B., July 4—

Magistrate N. J. Ross ruled that a

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'Teachers Have Right to Be Communists'
U.S. Professors Investigate Firings

WASHINGTON. July 11 (JP)— The
American Association of University
Professors (AAUP) today upheld the
richt of teachers to belong to the
Communist party.

It did so in the face or a National
Education Association recommenda-
tion last week that Communists be
barred from the teaching profession.

It added, however, that if a
teacher uses the classroom as a
forum for Communism, or advo-
cates forcible overthrow of the Gov-
ernment he should be fired for pro-
fessional unfitness or disloyalty, and
not because he is a Communist.

"So long as the Communist party
is a legal political party, affiliation
with it should not be regarded as a
justifiable reason lor exclusion from
the academic profession," the pro-
fessors' statement said. This reaf-
firmed stands taken in 194"' and
1948.

At the same time the AAUP— re-
ferring to Henry Wallaces try for
the presidency last year— condemned
an Evansville, Ind., Methodist col-
lege for firing a faculty member
who headed a local Wallace com-
mittee.

The AAUP Committee on Aca-

tr M

i

demic Freedom and Tenure, In its
annual report published today, said
five other teachers, in unspecified
colleges, reported they were dis-
missed because of their support of
Wallace.

The committee took no stand re-
garding these five, however, because
they were serving probationary pe-
riods.

Furthermore, it said, the evidence
they offered against the colleges
was oral, hearsay or circumstantial.
It did not identi""' them.

The AAUP is still studying the
discharge of three University of
Washington professors accused of
Communist activity, the report said.
Findings are not expected to be
completed until next fall.

Through the committee, the asso-
ciation condemned the dismissal in
April. 1948, of George F. Parker,
assistant professor of religion and
philosophy at Evansville College.

Parker was fired two days after
presiding at an E\'ansville meeting
addressed by Wallace. Anti- Wallace
pickets booed Wallace and Parker.

Ralph E. Himstead. AAUP general
secretary, told a reporter the col-
lege administration probably will be
placed on the association's censured
list at the next annual meeting in
March, 1950.

Parker, a 1940 graduate of Boston
University, is a Baptist minister.

FmiED IN WO SBOTICNS

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Loyalty^''-
Oath

UC Regents
Stand on Text
Or 'Equivalent'

By RUTH NEWHALL

The Regents of the Univer-
sity of California met yester-
day for three hours, and came
up with a decision which left
faculty members still uncer-
tain as to whether or not they
have to sis^n the disputed loyalty
oath.

In a formal statement, the re-
gents said that faculty and em-
ployees must sign either the con-
troversial oath or something "equiv-
alent."

Reporters, admitted at the con-
clusion of the closed session, asked
what the regents would consider
as an "equivalent" oath.

'Look up equivalent In the dic-
tionary!" snapped Edward Dickson,
chairman of the board.
MEETING ADJOURNED

As other reporters rose for ques-
tions, Dickson pounded his gavel
and pronounced, "Meeting ad-
journed!"

No one — regents. President Rob-
ert G. Sproul, or the faculty mem-
bers present— was able to explain
what was meant by "equivalent."

(Webster is not of much definite
help. He says it means "equal in
value, worth, force, or signif-
icance.")

To a question as to whether
faculty members would get their
contracts without signing the oath,
President Sproul answered, "I can-
not vsay."
FULL STATEMENT

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Loyalty
Oath

UC Regents
Stand on Text
Or 'Equivalent'

By RUTH NEWHALL

The Regents of the Univer-
sity of California met yester-
day for three hours, and came
up with a decision which left
faculty members still uncer-
tain as to whether or not they
have to sign the disputed loyalty
oath.

In a formal statement, the re-
gents said that, faculty and em-
ployees must sipn either the con-
troversial oath or something "equiv-
alent."

Reporters, admitted at the con-
du.sion of the closed se.ssion. asked
what the regents would consider
as an "equivalent" oath.

"Look up equivalent In the dic-
tionary!" snapped Edward Dickson,
chairman of the board.
MEETING ADJOURNED

As other reporters rose for ques-
tions, Dickson pounded his gavel
and pronounced, "Meeting ad-
journed!'

No one— regents. President Rob-
ert G. Sproul. or the faculty mem-
bers present— was able to explain
what was meant by "equivalent."

(Webster is not of much definite
help. He says it means "equal in
value, worth, force, or signif-
icance."*

To a question as to whether
faculty members would get their
contracts without signing the oath.
President Sproul answered, "I can-
not say."
FULL STATEMENT

The full statement put out by
Robert Underbill, secretary to the
board, at the meeting's end, was:
"The Board of Regents of the
University of California reaffirms
its announced policy that no mem-
ber of the Communist party shall
be employed by the University.

"In implementing thLs policy, the
board therefore has adopted a form
of oath or affirmation which was
formulated by the President and
the Advisory Committee of the Aca-
demic Senate.

"The Advisory Committees of the
Academic Senate have advised the
board that after more mature con-
sideration, the Senate would like
to have a portion of that oath de-
leted.

•In the absence of fl better meth-
od of implementing its policy, the
board stands on its requirements
of the oath or affirmation.

"The board, however, will be glad
to consider any method which the
faculty may deem to be a further
or better implementation of the
policy.

"Complete agreement upon the
objectives of the university policy
excluding members of the Commu-
nist party from employment and
communist teaching and influence
from the camp'ises of-th^ univer-
Continued on Page 4, Col. 7

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More About UC Regents'
Action on Loyalty Oath

Continued from Page 1

sity was disclosed at today's meeting
of the regents with the Advisory
Committees of the Academic Sen-
r ate. Discussion turned upon the
1 means of most effectively imple-
t menting the policy.
1 *'The regents and the faculty will
continue their close and active co-
operation to the end that this
policy be given its fullest effect.
It was agreed that pending the
conclusion of these discussions
members of the faculty and em-
ployees of the university should
make oath or affirmation of their
loyalty either by signing the oath
approved by the regents on June
124, 1949, or by other equivalent
I affirmation acceptable to the re-
gents."
•SATISFACTION'

Professor Joel Hilde brand, senior
faculty member present, rose before
adjournment to read a short pre-
pared statement expressing his "ex-
traordinary satisfaction with the
outcome of our meetings."

The regents' decision had followed
two days of meetings with the ad-
visory committees of the Northern
and Southern sections of the Aca-
demic Senate. The faculty commit-
tees were present during the re-
gents' meeting.

After the meeting, regents dis-
closed no further action or meetings
were planned.
BESIG ON SCENE

During the meeting, held in the
Crocker Building. Ernest Besig.
Northern California director of the
American Civil Liberties Union, ar-
rived. He demanded entrance to
T the meeting, and tried the door,

but it was locked.
iS Besig sent a note into the regents,
declaring that as a citizen he should
id be entitled to enter.

a
n
r

John J. Calkins, secretary to th«
regents, emerged and explained no
outsiders were admitted to execu-
tive sessions.

"But it's a public matter!" said

Besig.

"We can have you thrown out il
you make trouble," said Calkins.
Besig sat down and waited.

Today is the day named on th«
oath form sent to the faculty as
the date by which oaths should be
returned. According to Sproul, about
57 per cent are in.

After the meeting, one Regent
declared, "I don't see why you're
all worrying about details. We make
it clear that we agree that no
Communist shall be on the Uni-
versity staff. And it's Communists
that are important!"
TEACHING ASSIST.\NT

Regent John Francis Neylan em-
phasized the point by asking Sproul
about "a teaching assistant named
Fox, who, I read in the papers, re-
fused to testify in Washington as
to whether he was a Communist."

Sproul replied, "We will have a
full investigation and report."

The faculty had previously re-
quested the right to continue to
take only the standard State of-
ficers' oath:

"I do solemnly swear (or affirm)
that I will support the Constitu-
tion of the United States and the
Constitution of the State of Cali-
fornia and that I will faithfully
discharge the duties of my office
according to the best of my ability."
To this the Regents on June 24
added the words "... that I am
not a member of the Communist
party or under any oath, or party to
any agreement or under any com-
mitment that is in conflict with
my obligations under this oath."

Tfcit Guaranf»md Ovfllilv Cannot B9 D*ffv*f*¥ (

CLCCAAB WtDNbiDAY. NOV. 2, \949 PACE 2;
SAN FRANCISCrO CHRONICLE

Bankers Hear Defense of
Loyalty Oath by Sproul

m.
th
er

By DONALD K. WHITE

Bankers should be just as con-
cerned as professors in the matter
of intellectual freedom of universi-
ties, Robert Gordon Sproul, presi-
dent of the University of California,
said yesterday in an address before
the first general session of the
American Bankers Association con-
vention at the Geary Theater.

American bankers, Sproul said,
are a main source of initiative in
our economy and play a most sig-
nificant part in directing the course
of our civilization. He added:
t "Consequently, they have a re-
isponsibility beyond that of most
men toward the world outside of
banks, or even of business."
j This responsibility, Sproul indi-
cated, is being put to the test by
I totalitarian infiltration in the edu-
cational system of the United States.
HOSPITALITY

"Why should our institutions offer
I hospitality to those who use a false
land brutal hope to persuade the
I young and gullible to sign away
i their birthright?" he declared.
I "The regents of the university . . .
'have declared that membership in
ithe Communist party disqualifies a
iman for service, because such mem-
Ibership is incompatible with the ob-
Ijectives of teaching and with the
'search for truth.

I "With this policy of the regents,
I am in complete accord. Indeed,
!l played a part in formulating it
because, as a Uberal, I believe that
totalitarianism, which the Com-
munist party both advocates and
practices . . . cannot be reconciled
with individual liberty or with hu-
man dignity."
•IT IS WAR'

The struggle between communism
and democracy. Sproul told the
bankers, "is not a debate, it is war. |

Macy's Addition
Sold to Yale

Macy's announced yesterday it has
sold its new $7,000,000 addition,
which opened October 10, to Yale
University and wiU occupy the
premises on a long-term lease.

Jack I. Straus, president of R. H.

However, he said, the issues be-
tween communism and democracy
ultimately will be decided not by
armies and atomic bombs.

"Those philosophies and those
basic principles will eventually
triumph which have within them
the power to capture the imagina-
tions, to convince the minds, and to
stir emotions— the deep desires— of
men and women throughout the
world.

"How necessary it is, then, that
the universities of America should
constitute an affirmative force— the
chief advocates of our traditions,
our institutions, our way of hfe—
that they should not only inquire
fearlessly into the defects of our
system, but also high hght and
extol its advantages, and aggres-
sively clarify and strengthen the
ideas upon which it rests."
PERSONAL FREEDOM

In discussing the decision of the
regents, Sproul said:

"Surely the American guaranties
of personal freedom cannot be
stretched to the point of license to
undermine, through indoctrination,
the American system of political
democracy combined with capitalist
economy— a partnership which has
advanced human rights and pro-
vided for human needs to a degiee
which no other political or economic
system in all history has even ap-
proached."

At another point in hit> address.
Sproul declared. "The qjUMiion ia
not whether a teacher has a right
to be a member of a legal party. A
man may have the constitutional
right to be a member of the Com-
munist party, but he has no such
right to be a college professor unless
he is free to accept the duties as well
as the privileges of academic free-
dom."

Mn^'V onH r.r, J^o »>>-^

^n fl^** "-

Pabco Net Loss
Of $507701

The Paraffine Companies, Inc.. re-
ports a loss of $507,701, after giving
effect to a credit of $449,000 for
estimated reduction in Federal in-
come taxes resulting from the loss,
for the three months ended Septem-
ber 30.

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JANUARY 29, 1952

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INGRID BERGMAN'S

LOVE STORY

IS STALIN
IN TROUBLE?

™^^ By EDWARD CRANKSHAW

HOW TO DAMAGE
A UNIVERSITY

CALIFORNIA'S CASE HISTORY

D D D

CASE HISTORY
OF A FAILURE

WHAT THE

DID TO THE

LOYALTY OATH
UNIVERSITY
OF CALIFORNIA

II lal»ore<1 like a inounlain to produce two
tiny mice, a Coiniiuinist piano player and
a part-time teaching assistant.

By Dan Fowler

From Look's West Coast Bureau

Three years ago, the regents ot the University <»f
California forced their facuhy memhers to take oaths
(i( nying that they were C«»mmunists. A group of
traehers refused to sign, precipitating a hitter aca-
(hniic c«)nHict which is just now heing resolve<l. The
affair furnislies a good case history on fear-ins|)ire(i
oath-taking.

The imposition of the oath had these resuhs:

The uiiiver.Hily lost dirertly— l»y firinp,
protest resignations f>r refusal of appoint-
ments—more tliun l(M)seholars. includin^j;
»«ome Midely deseril»e«l as ''"anions; the il-
hiHtrious minds of our generation.**

'I'he university was foreed to drop !>.'>
eoiirses from its eurrieulum for laek
of instruetors. Entire departments were
erippled.

'I'he university lost an enormous
anuMint of professional prestige. Some
1,2(M) memhers of the faeulties of 40
other eollegCH and univernitieH con-
demned the aetion. Twenty-three illuHtri-
4»UH learneil societies condemned the loy-
alty oath anil recommended that their
memhers refuse appointments at Califor-
nia.

In short, the action of the regents foHowed the pat-
tern of hysteria-induced actions— it came dangerously
close to destroying the thing it was supposed to save.

Great Results

And from all this wreckage of reputation, morale
and int«'lle<iual power were dredged exactly two peo-

President Robert G. Sproul approved, then dis-
avowed, the controversial oath.

pie who could l)e labeled as Communists. One was a
piano player emph»yed in dancing classes. The other
was a part-time graduate student working as a teach-
ing assistant.

The avowed purpose of the oath was to root Reds
and Red influences out 4>f the California faculty. The
suspicion naturally followed that there must be a
great many (]«mmiunisls among the faculty to justify
such action. Tfiis suspicion, vigorously fanned by a
few ambiti(»us state p(diticians. greatly damaged the
university's fine reputatiim.

Within the institution itself, the results were even
worse. Memliers of the faculty were forced to meet
secretly, suspect each other, examine each others' rec-
ords and motives and even censor their own telephone
c«)nversations (m the campus.

Edward C. Tolnian, renowned psychologist, led
the campaign against it.

Ironically, the University of California's loyalty
oath was never even intended to be the wcaixin for
ousting Reds which it was advertised to be. It was,
actually, a device by which tlie school's administra-
tion hoped to preserve its appropriations in lobbying
before the legislature.

The University of ('alifornia loyalty oath dates back
to 1948 and to Jack Tenney. then a state assembly-
man. Teiuiey was a politician who n»de to office on a
program of fear psychology and he introduced a
broadside of anti-subversive bills in the h-gislature.
One of these bills would have required a loyalty oath
from the faculty of the university, although its dis-
htyalty never had been proved nor even seri«Misly
questioned.

Since the legislature c«m!rols the school's appro-

CONTINUED

69

D J J

continued

The Loyalty Oath
at California • i

BITTERLY OPPOSED BY THE FACULTY,
IT COST THE UNIVERSITY PRESTIGE

priations, the university's lobbyist became fearful that
Tenney's move might affect the amount of revenue.
He decided that the wisest course would be to beat
Tenney to the punch. President Robert (i. Sproul
agreed with this reasoning and the university's own
loyalty <»ath— not one adopted by the legislature— was
drawn up and on SprouTs recommendation was adopt-
ed by the regents on March 25. 1949.

So the oath was born. Not to combat communism,
but to pnitect the university's source of revenue.

One obvious question which became a political
issue and a subject of great newspaper comment was
this:

"Why should any patriotic American— if he has
nothing to hide— object to taking an oath that he is
not a Communist?"

It seems a reasonable question to many people, but
the faculty members who objected to it insisted they
had reasonable answers.

Unjustified Aspersion

Originally, when it still masqueraded in a cloak of
anti'-Communist respectability, the oath was resented
by faculty members as a completely unjustified re-
flection on their h)yalty and integrity. One retort
cohu'fully expressed this resentment. "We'll deny we
are a subversive group," it ran, "if the regents will
take an oath that they are not homosexuals." The
meaning is clear: Comi>el any group, however re-
spectable, to swear that it is not something and sus-
picion is born that it is— where there's smoke there's
fire, etc., etc.

Some of the teachers maintained that the oath of
allegiance to the constitutions of the Linited States and
the State oi California, signed by all faculty mem-
bers when they entered the university, was oath
enough. They argued that any Communist wh(» would
take these oaths of allegiance would be the first to
sign any additional oath; that instead of trapping
any real Communist the new oath would serve only
to conceal him better.

Opposition to signing the loyalty oath was led by
F!dward C. T<dman, former professor of psychology
at California, considered one of the c«»untry's fore-
most psychologists. Among his many honors is a doc-
torate bestowed by Yale University after he refused
to sign the oath and left the university. He is now
here writing a book.

Another leader of this group was Professor Ernst
H. Kantorowicz. a political refugee from Nazi Ger-
many and a distinguished historian, now a member
of the Institute for Advanced Study at Princeton.

"This is the way it always begins," he warned a
faculty meeting. "The first oath is so gentle y<iu can
scarcely notice anything at which to take excepti<»n.
The next oath is stronger. The first oath demanded
of (merman teachers by Hitler was to keep faith with
the Fatherland and to htmor the constitution and laws.
Hut the next," he reminded his colleagues, "demand-
ed allegiance to Adolf Hitler."

Amcmg others who refused to sign were Ludwig
Edelstein, professor of Greek, now with the depart-
ment of philosophy at Johns Hopkins University, John
L. Kelley, now with the department of mathematics
at Tulane, Harold W. Lewis, now a research physicist
f«»r Bell Laboratories at Princeton, John M. O'(ior-
man, now with the Department of Commerce, Brew-
ster Rogerson, now visiting FInglish department lec-
turer at Princeton, Hubert S. Coffey. n(»w lecturer in
social relations at Harvard and (rian C. Wick, inter-
nationally known expert on atomic energy, now with
Carnegie Tech.

Thus, the principle of academic freedom was in-
jected into the controversy. Although it is perhaps
not too well understood outside the teaching profes-
si<m, academic freedom is a precious thing to educa-
tors. In its most idealistic meaning, academic freedom
is complete freedom to seek and teach the truth. It
means to a bio-chemist, for examf)le, freedom to prove
that some nostrum is harmful without fear of repris-
als by the manufacturer. To a professor it means
freedom to think and talk and write without political
pressure or attempts to have him discharged.

Finally, the oath was opposed by those who believed
that keeping the university free of Reds was the
faculty's job and not the regents'. And the question
raised by this opposition, "Who's running this uni-
versity, the faculty or the regents?" became the real
battle line in the three-year fight.

Pulled a Gun

Angered by a challenge to its power, the regents
pulled a gun. "Sign or get out," they told the faculty,
in effect. And, as happens when a gun is drawn, the
regents were f«»rced either to use it or back down.

The showdown came when, in a last attempt to set-
tle the dispute, a committee of alumni was authorized
to seek a compromise. In an effort to apfK-ase both
sides, the alumni group worked out a plan whereby
faculty employment contracts would contain a non-
Communist statement. Then a clause was added to the
contract giving non-signers the right to a hearing
before the faculty's Committee on Privilege and Ten-
ure. Although the regents previously had accepted
recommendations of this committee, they inserted a
clause of their own into the compromise: "It is recog-
nized that final determination of each case is the
prerogative of the regents."

Forty-nine faculty meml)ers refused to sign the non-
Communist contracts and appeared l)efore the Tenure
Committee for hearings. Six refus«*d to answer ques-
tions and their discharge was recommended— not, of
course, because they were Communists but l>ecause
they refused to live up to the terms of the compromise
agreement worked out by the alumni committee.

The other 43 non-signers spent four weeks testify-
ing before the committee and their retention on the
faculty was strongly recommended. A transcript of
their testimony was delivered to the regents along
with this statement:

"It is this committee's deliberate judgment that
the refusal of non-signers as a grouf) to accept the
contract of employment is not based upon sympathy
with communism as an active and destructive force
l»ut upon a variety <»f opinions and feelings which
have no relation t<» revoluti<m or destruction of any
kind. They are valuable members of the university
faculty."

Previous Screening

The committee re|M)rt also included testimcmy show-
ing that 26 of the non-signers had previously been
screened by Federal Bureau of Investigation agents
or Army authorities and cleare«l for war or defense
work.

To clarify its positi<m. the faculty adopted a policy
statement opposing the hiring of Communists as
teachers. And at a regents' meeting which considere«l
the faculty committee recommendations, the question
of communism was <mce mor«' disponed of. C. J. Hag-
gerty. an anti-oath regent, declared. "There is no
longer an impugning <)f these individuals (the non-
s'gners) as Communists." To which (Governor Far!
Warren, also an anti-oath regent, added: "We are
discharging these people because they are recalcitrant
and won't conform." According to those |)resent. the
pro-oath regents also agreed that communism wa'^ no
longer an issue, that the only issue was disciidine.
Thus, the fight had gone far from its original frame-
work.

The first vote on the committee's recommendation'^
was in fav«tr of re-instating those who testified but
refused to sign. But adv«>cates of the oath, led by
John F. Neylan, a regent, delayed final action to the
next meeting, mustered their forces and fired the n<m-
signers by a two-vote margin.

They had used their gun to prove who was running
the university. They were.

At this jMunt the Board of Regents appeared in a
rather awkward position. They had committed them-
selves to a p<»licy of "Let's give 'em a fair trial and
then hang 'em." And they had fired— for refu-ins to
sign a statement that they were not Communists— men
who had been officially screened and found com-
pletely free of taint.

Tenure Violated

But that wasn't all. When they refused to renew
the contracts of those who would not sign the non-
Communist statement they violated academic tenure.

Academic tenure is the thing which guarantees
academic freedom in a university; in some it is a
written guarantee. It is a respected tradition that a
faculty meml>er cannot l»e discharged except for
proved incom|>etence or moral turpitude. This is the
professor's guarantee of security, his assurance of
the kind of life for which a fine scientist will pa^^s u|)
a high-salaried post in industry for a lifetime of class-
r<M»m and research.

The violation of this principle at the University of
California brought the full weight of America's aca-
demic world down on the regents' heads.

RolMTt Penn Warren, now at Yale, a F*iilitzer Prize
winner, the author of 411 the Kincs Mm, declared in
declining an offer to teach at California. "It seems
to me that the regents of the University of California
would reduce the academic communitv, l>oth faculty
and administration, to the level of hired hands serv-

70

~/ J L
f J

in<i at tlif whim <»f a group of men wli«»s(> aoquaint-
aiue with intcllerliial lift' and its responsibilities is,
in some oases at least, of tin* most rudimentary order."

I!ud<dph (]arna|> of the llniversity of Chicago, re-
ganled as one of the three leading philosophers alive
today, wrote, "I regard the peremptory dismissal of
eminent scholars, without regard t«» their tenure rights
an<l their long distinguished service to the university,
as a shucking viidation of aca<lemic freedom. I wish
my refusal to accept any h«»n«»r from this university
to he regarded as a protest against the vi<dation of the
|uin<-iple that xludarship. teaching ability and in-
tegrity of character should lie the only criteria for
juilging a man's fitnt'ss for an academic position."

Howard Mumford Jones. Harvard Knglish professor
and poet, [daywright and author of distinctitm as well
2s scholar, declined an invitati<m from California as
follows: '*lintil your board of regents ceases to violate
the ordinary principles of academic tenure and hon-
est agreement between |)arties to a contract I cannot
in g«»od c«mscience accept."

AppointiiM^nts Declineil

Among other eminent schidars wh<» declined to
accept ap|»ointmeiits at California w<'re Joseph R.
.*^trayer, Princeton history professor and delegate to
the American Council of Learned Societies, and Henry
Scheffe. C«dund>ia professor of mathematical statis-
tics and former consultant to the Office of .Scientific
Kes<'arch and De\elopment. Others wh«» declined did
not make their actions public.

On<' of these. wh(» asked that his name be withheld,
recalled the attacks on intellectuals in Hitler's Ger-
many and Stalin's Russia and concluded: "In all
conscience 1 cannot feel that I would be loyal to our
country if I abet the adopticm of methods used by
itleological systems antipathetic to those of our de-
nn»cracy."

Among the <listinguished scholars who signed pro-
tests or sent sympathy messages t(» the faculty were
Albert Einstein: Frank Aydel(»tte. president «»f the
Association of American Rhodes .Scholars and fornier
president i»f Swarthnu»re: J. Robert Oppenheimer,
director of the Los Alamos laborat(»ry when it pro-
duced the atom bond); .Sumner H. .Slichter. Harvard
professor known as one of America's most influential
industrial economists; \l alter Stewart, trustee and
chairman of the board of the Rockefeller Fiuinda-
ti«m; and Reinhold Niebuhr. <»utstanding clergyman
and pn»fess«u of .Applied Christianity at Union Theo-
logical .Seminary.

The L200-odd other protests came from such
schfHds as Harvard. Princeton. Stanford. Johns Hop-
kins, Boston University. Ohio State and Ohio Uni-
versity. Yale. Dartmouth. Vassar, Bryn Mawr. .Sarah
Lawrence. Minnes(»ta. Virginia, Utah. Wiscimsin,
-Michigan, Frankhn-Marshall and Duke Divinity
Schotd.

Court Invalidation

The 23 learned societies whose members were ad-
vised not to accept California appointments included
the Modern Language Association, American Histori-
cal Association, American Psychological Associaticm,
American Mathematical .ScK'iety, American Anthro-
pological Associati<m, Phi Beta Kappa. American
Phihibtgical Associati<m, Far Eastern Association and
the American Oriental Society.

The regents' vote which crammed the oath down

the faculty's throat subsequently was held by a Cali-
fornia Appeals Court to be unconstitutitmal and
invalid.

In attenifiting to justify their action, regents who
ajiproved the oath maintained (and stilldi>l that they
possessetl power to fire any faculty member and were
n(»t bound by law to follow any c<»mmittee's recom-
mendations, even after they implicitly agreed to h<mor
facidty recommendations when they ad(-pted the
aliunni com|)r<miise.

In furtlu'r defense of their actiim. some pro-oath
regents have made much «»f the fact that an over-
whelming majority of faculty members signed the
non-Conmiunist contracts. They blame the wh<de
thing on '"a <lissident minority," the handful of non-
signers.

This defense is weak, f<»r in every vote in which the
oath issue was clearly drawn the faculty ctmdemned
it and the list of those who signed under protest is
lengthy. Als<t. a "sign, stay and fight" m(»vement de-
veloped which enc«»uraged many to sign.

What. then, brought about this remarkable vote?

It has been charged that |)oliticians among the re-
gents sought to embarrass G«)vernor Warren, who
f«»ught the oath as unlawful and impractical from
the beginning. It was blamed on another group "out
to get" President Sproul f<»r getting them into the
mess and then changing his mind. And it was blamed
on a third faction otit to get .Sproul because he stands
for university unity while they favor greater autonomy
for the University of California at the Los Angeles
cam[ius.

All «»f these things may have influenced the vote,
but the best guess w(»uld be that the pro-oath faction,
angered and determined to show who was boss, ma-
neuvered themsebes into an injpossible positi<m and
wouldn't admit it.

Nearly Over

This case history in «»aths is almost ended. The
appeals r(»urt which declared the oath unconstitu-
titujal has ordered reinstatem«*nt of the n<m-signers.

The complexion of the Board of Regents has
changed. Term expirations depleted the old majority
and (Governor Warren has replaced pro-oath regents
with men who share his view. The November. 1951,
meeting of the board finally rescinded it officially.

In doing so. the new majority did save face for the
<dd guard: It held that a recent legislative act com-
pelling all state employees to lake n<m-Communist
oaths had made the special regents' oath imnecessary.
Despite this hedge, the new majority seems firmly
dedicated to the the«>ry that the faculty is best suited
to settle faculty pndtlems.

A certain atmosphere of suspicion and distrust is
lH>und to overhang this great scho«d f«»r a time, but
the general feeling now is one of optimism. Academic
tenure seems secure again. S|»roul, who admitted the
oath was a mistake and changed belatedly to the fac-
ulty's side, appears to be as strong as ever. After this
trial, the university which split the atom, produced
six Nobel Prize winners, and has many other notable
achievements, seems strong and well. The court which
held the regents' oath invalid declared:

"We are keenly aware that, equal to the danger of
subversion (mm within by force and violence, is the
danger of subversi<m from within by the gradual
whittling away and the resulting disintegration of the
very pillars of our freedom."

END

5

3

I If

~/ -' L

Leo Baeck Institute Archives: Box Inventory List
Call Number

Date Created: 1/22/2003

AR7216

Box 3

Folder List

1. 7/1 :Guide to dates of the loyalty oath controversy (1949-1953), drafts of loyalty oath
statements by EHK and others, materials related to the Academic Senate of the
University of California at Berkeley

2. 7/2: Correspondence and miscellaneous material related to EHK's first jobs in the
USA, correspondence with other universities, Committee on Social Thought, 1940-
1945, correspondence concerning job offers and lectures, 1950-1951

3. 7/3: Materials related to the National Refugee Service, correspondence concerning
post-war Germany; includes a recommendation letter for Dr. Schramm from 1947,
saying he was always an anti-Nazi and capable of teaching in post-war Germany

4. 7/4: EHK's Correspondence at Princeton, 1951-1963

5. 7/5: Miscellaneous materials including review by EHK, list of his publications, reprint
of article on EHK, obituaries of EHK, condolence letters including one from Olga
Schnitzler

6. 7/6: Miscellaneous materials including reprints of articles by EHK, honorary degree
from Lawrence University with related correspondence, and other academic honors
and certificates

7. 7/7: Addenda: Passports and Travel Documents, 1930's, and correspondence with
publishers, 1953-1963

8. 8/1 : Papers of and About Richard Kandt, EHK's cousin and an African explorer.
Most material from 1918

9. 8/2: Lectures on German History, in English, by EHK. For the academic year, 1943-
1944, as part of the Army Special Training Program.

10. 8/3: Information on Ernst Kantorowicz's Classes and Academic Career

11. 8/4: Article, "L'erudition - et apres? Les historien allemands avant et apres 1945"
by Peter Schoettler. From "Geneses", September 1991 .

12. 9/1: Lectures for Course, "Medieval Institutions," 1939-1941

13. 9/2: Lectures for Course, "Medieval Institutions 11." 1942

Box Size Feet

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J- eko-^ €^z o-t

t?co

dUc^ tjni 6*-^ ^ ^

o.,.^ - QoL^,,,,J[Z,

(<?S*c

^^

-at

ll

I
i

Statemeiit
June U, 1949*

t )ro^v1 oz.

As • hl£.torian who li^is li t«d loid tr lOed ths

histories of ^iitt; a nxmbmr of oaths^ T fe<:^i. coiJiip«i»«?ut
to SkiAk^ u aWatdaent indloatiii^ the gruvu dangers residii^
in the tiitruuactioa of an sxiforced oath, .Aiid to eApresc
at tr HI tif ,.^ froa a iMSSn and i fassl 1 point of

vlei^Vy i^y u^^^e^t ooncern about the steps taken by the
Regents of thlii University •

1) L hi*:>tor^ Md experience nave taught u^ tliat x^^vi^r^ oath
or Oath formula, once iiitroduccd ^r enforced, has the
ten4«n0y to develop itb own autoiiswsnti lift. ~ e time

of it^ introduction an oath f or lula nay ' harmless,

as h^rfjxtio;: «4ii the one proposed by the uts of this

University. ^>ax; nowliere und neyfex r*au i .^ ......

triat an oath formula inposed on, or oxtorteu irofi, tne
subjects of an aix-powerful state will, or muat, reaala
unchanged* The contrary is true. All oaths lii history
thai I v of, .ive U3 _ e c jfcs. H new wurd wixl i :

ad-ed. i^^ sentcnoSf i ^rent. l.is^ Ixioc^.t, wi^l us
aoug^led in. The next step ioay be .. ^eemin^iy harmless
Chiangs in th(t tense, fras prcis^nt to past: "I have nmyBT
btilieveu in i nav ver sv rtud a party.. •*•; c rom
pr^.ont to fuwux*^: i jaxAali .j.ever Orriieve in u..u ^i«^^^
never sui/port...' The oonseqtueneea of an oath are uii-
predictaole. It will not be in tne iaattiis oi tnoss imposing
the oatn to coi l\ its co ices, nor of those taking

it over to step back a^in. Au- w-ie definition ^:.d inter-
prj- .tion "au rBiveasss" aay beoose even aore d ^^rously
flimsy .^ui superficial than at prtocnt. /uy party -
White Kose or x.ed Rose, xvonan Church or xleformed Onorch,
Kepuulic.i.i!^ or i)e«ocrat^ - i.i.aj ^, ,>€mr '•i^ubversive*' fro«
the o-her»s p ^ of vie*»r.

^) The harmlti ess of thu ^r.^, i *th Is not a protection
^hmi -A principle is involved. .. u.^mless oath formula
whicn conceals the true issue, 1 .Itways the i:.^^t 1 1 ^.(^roms

--s.^ftj^-v-sjtr-i^i ■ 11— ty»t^j;gri-ynn''^''i>FY I" T '2, Tyg '^'f ,:, ' ' 7'''. '.y'^? if^!M

one btoaiis^ It uaitb ev^n tae old uud •xperi«inuad fiah.
It Is the hamlese oath which hooks; it Loo^s uelToru it
h la under-one , fl^t changes that will render It, bit by
bit, U . Italy of 1)31, Germuny ojT 1933, ar#

uurriijixi^ iind warAiii.: exi.aples for t) ,: h.rmlesb Lit^w»y-Dit
procedure in connect ion ^ith political, enforced oaths.

5)

History shows that it ne^%T pays to yield to the iapaet of
mooentary h^&c^ ., or tj Jeo^^^rdiaa, for ths sales of tsmp-^

or..ry or tern oral ucivaatagsst the peraansnt or eternal
values. It was juat that kind of a "little oath* triat
prss^ted hundred thousands in recent years, and others in
the generation oefore ouru, to le^ve tneir horisa and seek
the shores of this Continent wuql ouuiitx>. The new oiAth,
if really enfoi-ced, will madBXi^ex certain /genuine valuer
tue graadeur of which is not in proportion *lth the
axxu^ ua aaVc4atcie.cs. ixs^alaes, this aath • invaxid anyhow
baeau: e taken under dure b^ - ^1^1 cut also the other way:
it y^^'ill nave the effects of a drum Icuuing [up) for >>au£unist
and ^^asci&t recruits.

4}

Ihe new aath hurts, not ty its wording, but .^ che partic-
ul. r :> js of itb iapositioi;. It tyrannises

becauv it 4;x u.^4 the ncholar sworn to truth into a con-
flict of oonswx — ;e. To create alternatives «- **blaok or
white** - i^ a co^ixvion j^riviletfe of asdern and bygone
dictatciraaips. It is a tyiical c^peaeiit cf those dictator,
ships to brins only the aoat loyal citizens into a con-
flict of conscienoe by branding .<on-ooaforBi8ts as
Un-iitheaian, Un-kHgl ish, Uu-GarMuit ^d - «hich is worse «»
by placiai^ then before an alternative of two acknowledi^ed
evils, different in kind, but ei^ual in danger.

iti.^ crude aethod of "Take It or a.i..vo it" - "x wke your
Oath or leave yoiur job" - creates a condition of duressi
close to political bluckiDuil. This impossible alternative,
v. h u'ill SMike the official either Joblt*?.- or cynieal,
leads to another eoapletaly f>ilr>e iltvir tive: "Tf y^u
don*t sign, you are a OoaifQunist who has no olais to tenure.

This whole procedure Is bound to rr «>» ^>n> lo ai clci-.^n,
one way or other, :- liar and uiitrue to himself Dec^ua^

clsiLoa he muAitia wlxi hxud hi:u to u. cauue wr ich in truth
ia aot his own. Those wh^ ^olori", de ^ to or nt heirt,
to tho ostraoised parties will aL^fays fi/id it eui>y to ^i^
tne omI": 1 aake tiiuir nitti^tal r -bervatioiu ose who

■)t iii^ wix oe, now as ever, uxsiw wiiose that suiTfer -
sux'x*e^, not for their party cre-^rl o^ -jyapalhi-jB, bui cjaus*^
tney dr^Ceri ' * si ior, c*)''intltatic .1 ^rliciple i rA

and alcove infsipid part.y llnea.

5)

w

I ar 'lot ta a« abo . jilt 1 e. . y or acadoaia

i". 'oa, nor even about ^t hat ^o;t^i^i:iVtlia;i.t€d tao 'Cjuig It

is taken, but .vish to empnasise the true issue at stake:

(th^ nuMin diguity.

Ta.ro .T j^ profe;iril' re exititxca to wcuu-

a :^q;. i: the Jud^e, tha prie-^t , the scholar. This garment
stands for its bearer^s aaiturlty of ml d, his iadependence
of judo'ineiit, :t.yi his din^ct res. - Luiiity to his conscience

to his -iod. It ci ,:!.]: the iiuier jovurei^ty of
thoae three iuterrjlated pr^'^<^ •^-''^■' a; thoy snould be the
v^rv last to .-^llow thoaselves to a.;t unaor durt^-s-j^.

It is a shaaeful una undignified act, it is an affront
and a violation of both ^>4^nuBttii sovereignty and ih^ pro-
f3i3Sioruil diiinityit^ V' has dare^to bully the bearer of

this goivn Irto q situation in which - undfer the ; r. ...ore of
a bewilderin^s coercion - he is oeiq)elied to ^-ive u^. either
Ma tenure or. toi-etner with his freedoa of Juds»»nt, his

iii;riity and hl^ rea^^o

^ ^

o'/orji^^ity as a acbjlar.

mr!iiir,«,tj -. J ff^sp ,;ffir.;r,-f 'Trrp? r'T . qi^f Tf!?: qri!»> IMmtm

f

' As a conservative hictorian v/ho h-

vest:

id

traced th^ histories of -uite a number of oaths, T feci
V indicating

dan£;ers residing in the introduction of an -..iforced oath^

ill ': TO"

and to express at the same time,^^ deepest concern

human '^T^r! professional point of view^'iabout the st^ps taken

by the I^e^ents of this University.

u

"J-

U

1) ^oth History and »b r cT j; c o of^ ex; ^nce have shown that

every oath and oath formula, once introduced or e-/'nrced,
ha-ft the tendency to develop ^rlr? own autonomous life. Ai.

^peur

the time of its introduction an oath formula ma-

as
harmless, as harmless the one proposed by the Regents of

this University. But nowhere and -^^^pt i^-^s there been a

garanty that an oath formula imposed on, or W:«uK"i'i lied

from, the subjects of an all-pov/erful' state will, or .last,

remain unchan^-ed. The contrary is true. All oaths in

history th- ■" T know of have been modified. A new word

r-a.»ce£

will be added; a sentence, n..^.-. Ljnificn-'^ t

will be smug^-led in. The next aediixo^r%-r^i may be a seem-

ingly harmless change in the tense, from present to past:
'♦I have v.^^QX believed ^'n nnd have never supported a
party... **, or from the present to the future: "I shall

neve

r believe in and shall over support..." The con-

s

eciuences of ^r> oath, once it has been introduced, are
unpredictable. Tt will not be in the hands of those
imposing the oath to control its conse^iuences , nor of
those taking it, ever to step back a^-ain. The definition
and interpretation of "subversivcness" may become even

2

flimsier and more superficial th; n at present. Any party -
7/hite Rose or Snr! Rose, Roman Church or Reformed Church,
Republicans or Derxiocrats - nay appear fro*^ '*'he other^^'
point of view "subversive."

The harmlessness of the proposed oath is no protection
when a principle is involved, A harmless oath for^nula,
which conceals the true issue, "^ ^ -^'Iways th^ '^ost danger-
ous one, because it baits even the old and experienced
fish, /ylie har-nless oath'hooks before ^bll by lil| it
under£:oes/c?ian2es which/will >re/less harmless ./German^^ of
1933 -*-s 5 te>*>*^fyin2 and warning exaT.pley f or the bit-by-
bit procedure.

2)

The oath fornula in its present form is, all by itself, so
Vinrnless that i"t/is superfluous. I ascuxTie that all of us
ve ^'el^'^^red, one time or other, a --^'-^^ilar oath just ^.c,

ha

at the tim<i of my im^ir^ration and natural-

ization. A repetition of an oath that binds igt nan- for all
times, is superfluous and damaging. An a/.nually repeated
oath is a barbarous monstrosity from a legal point of
view, and it is a. frivolous blasphemy in other respects.
An' oath/ is a sacred thing because it is rarely demar-ded.
It either binds for all ti-nes or not at all^{6ie annual
repetition does not duplicate/the effects of an oath, but
devaluates the very institution of the oath; a^d it char-
acterizes a government which has to stoop to such measures
to secure allegiarce.

5)

History shows that it n^v^r pays to ^^r^er"^ flee under the
impact of t momentary hysteria^ *«:^ to jeopardize^ for the

s

ake of BCHX«x:kxx5C temporary or temporal advantHP;es, the

permanent and eternal values. Tt was just that kip.fl of a
"little oath" that prompted lOG-thousands in recent years,
and generations hefore ours, to leave their ho^nes aad seek
the shores of this Continent and this country. The new
oath, if really enforced, v/ill endanr;er certain ?;enuine
values /which h-^i^ fe-r-^y=»re prgf7ib ir tv-Mn,, the alleged advan-
tages. Besides, this oath - invalid anyhov/ lecause made
under duresse - will cut also the other way: it will have
the effects of a drum heating up for Co-rnunist and Fascist
recruits.

4)

c^^o^i-ey^ 4 c^cuC'f;^

The new oath hurts, not by its wording, hut by the^circum-

>

stances

of its impos»«i«^ jt

t i^ >■

r

* < iL

tyrannizes bec>iuse it brings all of us ^^tn •.. no-^flict of
conscience. To create alternatives, "Hack or white," is a

common expedienofe of modern and bygone dictatorships. Tt
is typical of those dictatorships to bring the most loyal
citizens into this conflict of consoierre by branding the
Non-Gonf or 'lists simply as Un-Athenian, TJn-£:*glish,
Un-German, and - which is worse ^nv ^^ i^'Vi'inj olne - by
placing them before an alternative of t'/o evils, different
0/ in kind, but enual in danger.

The crude method of "Take or leave it" - "Take your oath
or leave yourJoTT^^-'Ts iiimn^irrvblack nail, he^^rrp^ rrT^rr f<i4^
official either jobless or cynical. The/false alternative^
?H!^ bound to make the loyal citizen, one way or other,

ilarv^true to hlnself, because ■"''-••< -^ ever deci.^^^'^^ v^e
kes binds him to a cause walch in truth is not his own.
Those who belong-, do facto or at heart, to the ostracised
parties iv1ll -ilwa^/s find it easy to si.£;n and 're their
mental reservation. The upri^jht who ^o not sign will be^
novv as ever^ those who suffer - suffer, not for their
party alle<,^iances or sympathies, but t^ecause they defend
a superior principal far beyond and above insipid party
lines.

v^

5) I am not talking about political exjediency or -Acjoidemic

t I ' eatf;^*^ 'freedom, nor eyen about that valueless oath, ni.Hrno

J . n r:m- --rn-itor value vs . at stakejr>the human dignity.

There are thren pre '^'-^^^ ions w-ich wear a ^^own: the jud£;e.

•ts

the priest, and the scholar. This ^-arment stands for *
bearer's maturity of mind, his independence of judgie.-t,
his direct responsibility to his conscience and to his
God. It signifies the inner sovereignty of those three

n X . ^^^-<- Hm^' ^li^<^ t

A? <l^W/WtA<3£>^ professions ivhich are closely interrelated^ ^^^ ^^f^^,,,^
^-t9 c^^l X'"^^^ ^s ^ shameful and undignified act, it is an affror," •

/ a violation of both the human sovereignty a id the profes-

sional di^j'^-lty that one has dared to Op>tre the bearer of
this gown into a situation in which - u^rlor ^'" p^' --n-n-»
fH^blackmail which -^/funisha; le by law - '-^ is comoelled
to give up either his tenure or, together with his freedom
of iudgment, his human dignity and his responsible sover-
g;iily_^s a scliolar/ I U^ Sch^^g'^ jLe^^i.^ (>-^ ^^^-^

L.

See San Francisco Chronicle Jiily 25, 1949 ''Grir a.nd Bear It."

See Ivlax Ascoli: The fascisti's march on scholarship. The American Scholar,

Volwiie 7, no, 1, -.riter 1938.

p. 54. *'It has been one of the tenets of fascist ren.lism
never to make frontpvl attacks upon institutions but one
by one to corner the individuals on \^om the burden of an
institution rests. •*

p. 57. "In the Autuxiin of 1931 everything^ v/as re dy for the
final turn of the screw. All professors v/ere ordered to
take an oath of allegiance to the fascist regime. Now, after
such steady individual training, Italian scholars were judged
to be sufficiently drilled for a collective manifestation
of unanimous faith.**

See Atlantic IvTonthly, August 1949 Archibald LlacLeish, Conquest of

the United States by the Russians. •*

See American Association of University Professors Bulletin Spring 1949,
esp. pa^es 67, 102, 105-7.

/

■ Uth, 49.

As a conservative historian who hiar. Invest legated and
traced the histories of quite a niaiber of oaths, T Jecl

comp'^tent to

V

u^iei^er.t indicating the grave

dano©rs residii^ in tl • introduction of an enforced oath,
to express at the same time, froa a huraan and nroies-

sional po . of view my deepest

taken by the Regents of this !^n1 varsity

about the steps

1)

Both hi. tory and experieace nuve t . ..c. t us tliut every
oath or oath fom , once introduced or enforced, has
the tendency to develop its own uutv nous life, /^t the
time of its introduction u. oath forrr.ula Tiay ap-car ha

les6»

r

i r

the one proposed by the Regents of

this University. ; ut nowhere and never has Xuerc ^-een a
garanty t . an oath fo . i imposed on, or extorted
from, the subjects of an all-powerful stnte will, or must,
remain unchani^ed. The contrary is true. All oatns in

history t

T know of, have unuerooae cn^

•"^ c.

A new

worA will be added* A sentence t ^

tly iiisi

i*:t

will be smu^^ied in. The next step may be a seemlafljr

harmless change in the tc*.:^<., -roiii present to pasts
••I h a^wer uexi*5ved in Lxnd lnjiy^ never supported a
party... **; or from the present to the luture: "I s iUll

never believe in and shall never supiort...

.e con-

seq^uences of an oath are unpredictable. It will not b(
In the hands of those imposing the oath to control its
conseiuences, nor of those taking; it ever to step back
asain. And the definition and ixiterpretation of

tt ,■

crslveness* mfe sco^ie tven fllrssier more super-

1 than at prf?^ , , ly party - uiw. i^oae or d

;,, ..o.i3pT^ i*urch or Heroraed s^uoj^cu,

II car. 3 or

^eiiiocratft -

of \

vercive'* fror: the ot ^s point

lessness of the roposed

^ B not a pro-

tection when n '.r^-c^ !•

involved, ix i- -"less outa

*>;nnula| whlOi^ wu-.wu^j.d the true Ib

^-.w-

dangerous one oe

it baits ever

0 I j.wE^ s the raost
■'■- id experienott

iish. It i3 the hanasss oath that hooks, that is, .^^lore
. has imdergone those c.^.^es that will -der it, bit by
bit, less harmless. - w^ly of 1931, ^era&iii^ . ^33 are

terrifying: ana war

pies for i.c it-l/y-Llt proced-

ure in connection with ;olitical enforced oaths.

2)

^ oath formula in its present form is, al^ ^y itself,

colour -.c^^ 1 that it aeans -rt to nothing aiid is supe:

fxuous. I assme that
c , lar oat

OS have taken, one t

or

3t as I

at the tiae of my

ion and nft_, illztit

^-.e repetitl^^ Oi ^:. oath

thf^t Vi

for -xj. times, 1^ i>erfluuu

An aiii.«tti.Ay repeat - .t}. ' u t irous DOnstroslty fro»
a 1 :^al point of view, a: ' t is t laspheagr in

ether respects. An oath, 1' It haa any fnea ; at all,
is a sacred thi/i^, kkiid it ^ '^ . 3ly demai^v^^^. It eitha*
binds for ^j^x times or not v.t uxi., ;iut It :..-i ox ires.

The annual repetition does not duplicate or t

e the

effects of an o;

^t devaluates the verv institution of

the oath. And it charuct arises a government which has to
stoop to such measures to secure alle^x^ii; .

JH

u»»

♦ v

■-^ ■*»

"^ yi«ld tw whe lapaot of

3IC

r to

i&«, for t£ie sa&e Oi t«B»

VP.

r ti al ac ^^St the p^rm 1 ttornal

f , ~t »!^ft ^ii?it thftt V of r le oath* thatV

i&e

V •- "I ■*-. "•.

•ea

♦ V ^

ua&nds

'« *4 »

i?oiMi rat ions

■JLJT w V v .*. i--

d &nor«& of

,f

OOTT oath, if ret. .,

e

^ed . w^

.^n^itT certain genuine valine the graaleur

of r»Ia.i.O£l

4 V -^ T^ f^. ^- r*

-^ion with the axie^jed advantages*

as. 1

th -

id a

.\- •

se ti^ eii. ai^er

• will c

"^•»'

:.l£0 XiA

t «i

have the

druB bar

£ ^

St and Fasoist

recruits.

ot

_ »

tne ^rtio-

OlBSt

es of

ir

a e

nf

3cler:

X. 11 V

o^ok or white* - '

n

It Is a

tjrploal azpadler f t s d

'Ships to irin^

eftl««ns ^

A f^r\y

. .e

.^andiiig

th

«r VA*^

^r

«? ^^*i^''

^ aa wXi-.. --e^ian, Ifti-Siislish,

n— j^ex"iHb

:i.r.a •

UL. i& »'»rse •

placing tr^e£i cefore

an altemt /e of two evils,

ere

^t e^ilial

in daager.

The cruie aufeir.od ef •Take it or leave if - ;mlte your

oe.tr rr leave /our ^ob* • creates a oondi'lOi. of duretj^e

elose to pelit

LxoCiOBSil. This lai>os&i4ri.« «xir«r;^vxve

whloh will Mik# tli# offloisl ^itver joblftBS ©r <qriilMilt
iMds to another coapl«t#ly fals^tf .Ittrnatlvtt "If you
don*t sigrii you arc a jOu: u ^ t who i^o no clals to
tMMrw»* Thlft wholt prootduro is tound to aalco the loyal
oltlEon, one way or other, a liar and untrue to hlraaelf
beoauae any decision he v^e v^lll bind hln to a oauae
whicn in trj^h is not hi» o*n. Those who belong, da -.^cto
or hit heart, to tka oatr^cisoi iu^rtiea will always find
it aaay to sign the oatk and oake their aantal rwaarvmV*
ion. Those who do not sign will be, now as ever, also
those that suTfer • suffer, not for v*.^ir party creed or
sjiipathies, but t .se taau derend a auperior constitut-
ional I ifla far be, 1 aad above Inaipid party lii es.

5)

1 sm not talking about political axpadlenay or aoadawle
freaiattt nor mvmu about th^t oath without value, but wish
uj wi^kaalaa tl^e ^ruo laaiaa at ai^akas the hiiaan dignity •

There are thrwa . fesslons which are eutitiei to ..car
a gowtts the Ju4ge, the prlast, . ala ganent

fttunds for Its bMurer*s maturity of :^ind, his indervendenoe
of judgsier.t, and his dlrswt reSj^oasibllity to his oon-
aelwiiM and to 1.14 od. It sifiiiifies the inner aovei-«x^ty
of th.6^€ threw Interralatad professions, which should be
llM vwry last to allow thesaolves to act under duresaw*

Tt ij :. sha^^rul nuid undio-nified act, It is an affront
and a vlol&tlon of both the huia*n ^wvereignty uad the
profw»al0nal dignity th^t one haa dx^ed to bully the
bearer of this gown Into a aituatlon in which • under the
i r^aaure of u bewildering coercion, - he -l^^owi^elled t#

tlt9% V.

ir his teuore or, to^^ther with his freedww of

t

t hl8

dlicalt

s reBi.on»ible aovareicii

'hcltir.

Ernst H. Kantorowloz
June Uth, 1949.

W

As a/oonservatlve historian who has Investigated and
traced the histories of quite a number of oaths, I feel
competent to make a statement Indicating the grave
dangers residing In the Introduction of an enforced oath,
and to express at the same time, from a hurnan and profes-
sional point of view my deepest concern about the steps
taken by the Regents of this University.

Both history and experience have taught us that every
oath or oath formula, once Introduced or enforced, has
the tendency to develop its own autonomous life. At the
time of Its Introduction an oath formula may appear harm-
less, as harmless as the one proposed by the Regents of
this University, But nowhere and nev%T has there been a
garanty that an oath formula Imposed on, or extorted
from, the subjects of an all-powerful state will, or must,
rtaain unchanged. The contrary is true. All oaths in

history that I know of, have undergone changes. A new

«

word will be added. A sentence, apparently insignificant,
will be smuggled In. The next step may be a seemingly
harmless change in the tense, from present to past:
••I have neweT believed In and have never supported a
party..."; or from the present to the future: •'I shall
newer believe In and shall newer support..." The con-
sequences of an oath are unpredictable. It will not be
In the hands of those Imposing the oath to control its
consequences, nor of those taking It ever to step back
again. And the definition and Interpretation of

2.

"subversiveness** may become even/flimstt<tt and
fioial than at present.

super-
Any party - ^ite Rose or R«d

Rose, Roman Chxirch or Reformed Church, Republicans or
Democrats - may appear "subversive" from the other's point
of view, ^ vvx-c f^uAQ. o>r o+toz;?. . 7

The harmlessness of the proposed oath is not a pro-
tection when a principle is involved. A harmless oath
formula, which conceals the true issue, is always the most
dangerous one because it baits even the old and experienced,
fish. It is the harmless oath tbat hooks, that is, before
it has undergone those changes that will render it, bit by
bit, less harmless. Italy of 1931 t Germany of 1933 are
terrifying and warning examples for the bit-by-bit proced-
ure in connection with political enforced oaths.

\)

!Ehe oath formula in its present form is, all by itself, so
colbin-less that it means next to nothing and is super-
fluous. I assume that all of us have taken, one time or
other, a similar oath just as I did at the time of my
immigration atid naturalization. The repetition of an oath
that binds man for all times. Is superfluous and damaging.
An a„„u»ll, r.p.a„d oath i, a .artarous .on,»o,l., fro.
a legal point of view, and it is a frivolous blasphemy in
other respects. An oath, if it has any meaning at all,
is a sacred thing, and it is rarely demanded. It either
binds for all times or not at all, but it never expires.
The annual repetition does not duplicate or triplicate the
effects of an oath, but devaluates the very Institution of
the oath. And it characterizes a government which has to
stoop to such measures to secure allegiance.

\

3)

History shows that it never pays to yield to the impact of
momentary hysteria, or to jeopardize, for the sake of tem-
porary or temporal advantages, the permanent and eternal
values. It was just that kind of a "little oath*' that ^
some hundred thousands in recent years and the ^^e*»rations
before ours to leave their homes and seek the shores of
this Continent and Country. The new oath, if really en-
forced, will endanger certain genuine values the grandeur
of which is not in proportion with the alle^^ed advantages.
Besides, this oath - invalid anyhow because taken under
duresse - will cut also the other way: it will have the
effects of a drum beating up for Communist and Fascist
recruits.

4)

The new oath hurts, not by its wording, but by the partic-
ular circumstances of its imposition. It tyrannizes
because it brings gil3L ftfr^^gg^nto a conflict of conscience.
To create alternatives - '•black or white" - is a co-nmon
privilege of modern and bygone dictatorships. It is a
typical expedient of those dictatorships to bring the nost

Ox

loyal citizens into ^im- conflict of conscience by branding

the Non-Conformists sin^y as Un-Athe nian, Un-English,
Un-German, anA - v;hich is worse - by placing them before
an alternative of two evils, different in kind, but eqiial

/ v.

in danger.

The crude method of '•Take it or leave if* - "Take your
oath or leave your job" - creates a condition of duresse.
[elose to p^litiea^r-bl^ek— 41^ This impossible alternative

which will make the official either jobless or cynical,
leads to another completely false alternative: **If you
don't sign, you are a Communist who has no claim to
tenure,'' This whole procedure is uound to make the loyal
citizeri, one way or other, a liar and untrue to himself
because any decision he makes will bind him to a cause
which in truth is not his own. Those who belong, de facto
or at heart, to the ostracised parties will always find
it easy to sign the oath and make their mental reservat-
ion. Those who do not sign will be, now as ever, also
those that suffer • suffer, not for their party creed or
»y«pathies, but oecause theu defend a superior constitut-
ional principle far beyond and above insipid party lines.

5)

I am not talking about political expediency or aeade»ic
freedom, nor even about that oath without valuy7 ^^^ wish
to emphasize the true issue at stake: the human dignity.

There are three professions which tire entitled to wear
a gown: the judge, the priest, the scholar. This garment
stands for its bearer's maturity of mind, his independence
of judgment, and hie direct responsibility to his con-
science and to hi* God. It signifies the inner sovereignty
of those three interrelated professions i wfel^ should be
the very last to allow themselves to act under duresse.

It is a shameful and undignified act, it is an affront
and a violation of both the human sovereignty and the
professional dignity that one has dared to bully the
bearer of this gown into a situation in which - under the
pressure of a bewildering coercion, - he is compelled to
giv. up either his tenure or, together ^ith his freedom of

% - V

Judgment, his hximan dignity and his responsible sovereign-

ty as a scholar.

rAb'rdli

under

i.»Kantorowicz
xstory Dept.

(A.

I)

Re: Memorial.

There may be a faint hope that by September 19th the Re£;ents
of this University realize that it makes little sense to act,
for face-saving purposes, forcefully against the outspoken
will of ifaculty and Students as well as against the "saner
part" of the whole Nation which, in this case, happens to be
also the "major part,"

If, however, it should come to a showdown on September 19th,
it will be wise, useful, and necessary to expose the reasons
for our refusal to sign any additional oath beyond the one
prescribed by the Constitution.

The question is not whether this or that formula be better or
more acceptable, but that any addition will be unacceptable
under the present circumstances, at least so far as I am
concerned. Ishall not sign any "Section 2", and I know a
great number of colleagues who in this respect feel as I do.

I have put down a few reasons which may justify my attitude.
It would be easy to add some scores of other reasons as well,
and probably we should assemble this material as completely
as possible.

I refuse to sign Section 2 of the proposed oath, e.g., on the
following grounds:

The purpose of the oath, although as yet not disclosed (the
Report of the Advisory Committee shows that also the advisors
were simply*^ guessing^ , was probably a pliblic naanifestation of
the University of California with regard to its fundamental
loyalty to the principles of American tradition as set over
against totalitarian subversiveness from left or right.
Such manifestation has become superfluous because I believe
that the attitude which the Academic Senate Qhas laken^ on June
14th, 1949, was a far stronger and far more effective demonst-
ration against Communist and authoritarian tyranny of any
kind than any ugly and ill-phrased loyalty oath could be;
and because I believe that any Committee on Un-American Activ
ities should be proud of the American attitude displayed by
the Senate of the University of California on that occasion.

I

2)

djj^

:kv^^^

3)

A great University is in danger - not as a result of under-
mining activities on the part of Communists, but as the
result of the wanton breaking up of its unity from within.

45.000 students, unanimously opposed to the proposed oath
and at present united with the Faculty, will be left with
their confidence in the intellectual integrity of their

teachers shaken* .

jua^

It (may be pleasant tcji^the Faculty to have the confidence
(also^ of the Regents, but it is quite indispensable to have
the confidence of the Students in order to discharge as a
teacher and educator "faithfully the duties of our office
according to the best of our abilities."
To take the additional oath against our better judgment
means to corrupt and pervert the very purpose of the univer-
sity as an institute of education.

How can we enter a classroom if every student knows that
we are allowed to continue to teach only because our con-
victions are venal, and that for bread-and-butter reasons
¥>as^we were willing to betray our conviction and judgment
together with our integrity as man and as scholar?
The Faculty is instituted, not for the Regents, but for the
Students. It cannot allow itself to become a sport of the
Regents.

The senseless struggle about a senseless oath - an oath taken
to observe another oath - has done enough damage. It has
broughT unrest into the University from top to bottom. It
has forced a score or two of serious and sincere scholars to
interrupt their scientific production, which should be pro-
tected by the Regents, in order to serve on Committees, to
gather in meetings, to draft memoranda, or to waste other-
wise their time in sterile activities. It is the primary
duty of the Regents to watch over, and secure (so far as it
is in their power) the undiatxirbed productive work of the
University, but not to hinder it.

Even greater damage will be done if the Regents continue
their "face-saving** activities. This futile struggle is
about to open up a deplorable and serious - perhaps foroulong

i

time^ to come irreparable - rift between

a) Regents and Faculty;

b) liKlatMni Signers and Non-Signers within the faculty;
o) Students and Faculty.

The damage done to the prestige of the University, nationwide
and international, will be even greater once the Regents will
begin to oust renowned and internationally respected scholars,
who are decisively Anti-Communist or Non-Communist, because
these scholars decline to act against their sound judgment
and conscience. Or else, they will create on the Campus and
within the Faculty a "haloed" group (non-signers) and an
"unhaloed" group (signers) of Faculty Members.
The only way to save the face of the University together with
their own will be for the Regents to shelve their unfortunate
decision of June 24th, to defer the whole oath issue ad kal-
endas Qra^oas, and thus to restore the atmosphere of mutual
confidence between Regents, Faculty, and btudents which
hitherto has prevailed and which alone garantees the undist-
urbed progress of scientific work and of responsible
education*

♦) The Constitution of this country is not based on collectivism^
or doctrines of collectivism as divulged by the Communist
party, by totalitarian states, or by related new shoots of
statism* I, therefore, refuse to recognize the notions of
both collective guilt and collective suspioiont which is
about to replace the principle of individual guilt and indiv-
idual suspicion. I^my wife, whom I duly support, were a
Communist, "ifttt the Regents demand my divorce or else fire
me? For in this case I^am'^^supporting a Communist, and I am
also "under oath, or party to an agreement or under a com-
mitment that is in conflict with my obligations under this
oath." Once the principle of collectivism is introduced
there will be no end of suspicion, denunciation, and absurdit',

I refuse to recognize any Frankpledge system, or to recognize
that merely because I am a member of the Faculty of the
University of California, I am a priori a person suspect j by

innuendo, of political disloyalty to such an extent as would
demand my compurgation by oath*

1 refuse also to clear myself of an unwarranted and unjusti-
fied suspicion before the forum of those who have cast \y^
ipigp collective suspicion on this Faculty, and who now demand
(the) individual, oath-supported, compurgation of the self-
same charge which IndiflHiiiiir they themselves have divulged «
"No man shall sit as judge in his own cause ♦" It is against
Common i^aw to be prosecutor, judge, and jury at the same
time*

Any person suspected of being a member of the Communist
party and advocating the overthrow of the government by
force should be legally/accused oi whatever offense is con-
stituted by advocating such views; he should be confronted
by his accusers, and permitted to defend himself before a
proper tribunal. To accuse, either directly or by innuendo,
an entire faculty collectively, andjto create the suspicion
that those who refuse to be subjected to collective suspic-
ion and who for sound ethical, professional, moral, and
legal reasons refuse to sign the oath, notwithstanding their
loyalty to the United Stales and the State of California,
are to be considered either disloyal or uncooperative, is
against the very spirit of the very Constitutions which
I have sworn tOAjaoCr^A .

I may, however, request an FBI investigation against inyself ,
to clear myself of any slanderous suspicion which, Mflraiii^'
loathe demand of the Regents to clear myself, I am subjected
to as a member of the Faculty of the University of California*,

5)

Finally, the alternative of pay roll and conscience is as
absurd as it is immoral, no matter with the oath formulary
be directly connected with the annual contract or not. The
demand of the Regents that scholars act either against their
conscience, their conviction and judgment, or else lose their
tenure, creates a state of moral, probably also of legal,
duress* I refuse to actl under duress, and therewith to
jeopardize my freedom of judgment and my sincerity as a
scholar, since it would prevent me from discharging faithfully
the duties of my office according to the best of my ability^

I

♦) Because I believe that the attitude which the Senate has taken
on June 14, 1949, was a far stronger and far more effective
demonstration against Communisra and totalitarian tyranny of
any kind than any so-called loyalty oath could he, and because
I believe that any Committee on Un-American Activities should
be proud of the American attitude s^ displayed by the Senate
ouixtluitxBSKUiflxx of the University of California on that
occasion*

5) Because a cumulation of oaths leads to the invalidation of

any oath owing to the inevitable contradictions and pleonasms.

6J Because I am not at all convinced even of the constitutionality
of the demanded oath.

President and Regents have taken the oath according to Sect. XX
of the Constitution which hitherto has been identical with the
oath taken by the members of the Faculty. Although the Regents
are not allowed to take "any other oath" in addition to the one
prescribed by the Constitution, they yet try to enforce upon
the Faculty an oath which they themselves are constitutionally
forbidden to take even if they so desired.

This would accentuate a rift between the Regents and the
Faculty which, regardless of the constitutional aspects, ap-
pears as most undesirable in view of the solidarity of Regents
and Faculty which has hitherto prevailed.

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E^H.KantorowiCE.

R«: MEMORIAL <

The difficulty of drafting a Memorial concerning the proposed
additamentua to the constitutional oath should be sought in

two directions:

a) the absence of reasons in favor of an additional oath;

b) the boundless number of reasons speaking against the
proposed oath*

From the newspapers we have learnt that the purpose of the

oath MKM is

(1) that the university should be cleared from Communists

and other subversive elements.

The nationwide discussion of loyalty oaths during the
last weeks has made the ineffectiveness of this
measure kImkx obvious to every one.

(2) that it should have the effects of a public manifestat-
ion on the part of this University in favor of American, and
against Un-American, activities.

(3) that it should enable the University to proceed
against a violator of the oath by charges of perjury in the

courts.

point 3 is merely an assumption of the advisory

committee

1 — ^

f^-f9

After having read the Report of the Advisory Coomittee,
I believe to express the feelings of all of us if I say
that we - in this case the Academic Senate - are under a
great obligation to Professors Hildebrand and Lehmann.
They have carried through their delicate task with examplary
prudence, circumspection, and fearlessness. They have ex-
pressed in a fashion which could not be misunderstood, the
opinion of the Faculty; they have added their own doubts as
to the advisibility of enforcing an additional otah, and
they have warned the Regents, indeed very audibly, as to
the possible effects.

The attitude of the Regents becomes, on the basis of that
Report, even more enigmatic than it has been before. The
Regents did not have the ear to the ground, or to the heart
of either Faculty or Body of Students; and for inscrutable
reasons they have failed to listen to the warnings of the
Advisory Committee.

There is still a faint hopethat by Sept. 19 the Regents may
have realized that it makes little sense to act against
the Faculty^ the Students, and - I may add - against the
sanior pars, the saner part of the whole nation, which in
this case is also the "major part."

If, however, against our hopes it should come to a showdown

useful and
on Sept. 19, it will be xm wise am necessary to expose the

reasons for our refusal to sign any additional oath, i.e.

any oath beyond the one prescrited by the Constitution.

The question is not whether this or that formula be better
or more acceptable; but - at any rate so far as I am con-
cerned - that any addition will be unacceptable under the
present circumstances. I myself shall not sign any additional
oath or any "Section 2", and I know that many of my colleagues
feel in this respect as I do.

I haiie Jotted down a few reasons for my attitude. It would
be easy to add 3 scores of other reasons as well, and probab-
ly we should assemble the material as completely as possible.
As a first step the following arguments may be considered
by those present tonight.

^ ^M>M (HaJ^ ^ U6Kc^

' v^^/

/

I refuse to sign section 2 of the proposed oath

1) because I believe that the attitude which the Senate has taken
on June 14, 1949 t was a far stronger and far more effective
demonstration a^^ainst Communist and totalitarian tyranny of any
kind than a so-called loyalty oath could be;

and because I believe that any Committee on Un-American Activ-
ities should be proud of the American attitude displayed by
the Senate of the University of California on that occasion;

2)

'P

^i\^

Uf

UaO.

Because a great University is in danger, not as a result of
undermining activities on the part of Communists, but as the
result of the breaking up of its unity from within. _^
45.000 students, unanimously opposed to the proposed oath and
acclaiming the Seantc's stand on Jiine 14, will be left with
their confidence in the intellectual integrity of their
teachers shaken

It may be /pleasant to have the confidence also of the Regents,
but it is indispensable to have the confidence of the students
in order to discharge as a teacher '♦faithfully the duties of
my office according to the best of my abilities.'' To take the
additional oath against our better judgment means to corrupt
the very purpose of the university as an institute, not only
of scholarship, but also of edtcation. How can we enter a
classroom if every student knows that our convictions are
venal and that for bread-and-butter reasons we betray wir-
mnitxixtJQSgxitjc our conviction and judgment together with oxxr
integrity as man and as scholar. The Faculty is instituted
not for the Regents, but for the students. 3f(2c^i-^t iy^c^^^oui^
The senseless struggle atout an oath suppOBting an oath is ^"^^

o open up a deplolrable xitt and serious, perhaps Mrrep-

rift between I I

Regents and Faculty, I

Signers and Non-S|.gners within the Faculty,
Students and Faculty I

signs cannot go bn teaching as he tiid before; if he

does n<it sign, he shall Lot be allowed to teach. How can the

Regent i bear the responsibility of having brought hundreds of

•nfliot of that sort? Oji t^v-t^,^*^ ri P^^^^kT

1)

I refuse to sign section 2 of the proposed oath on the
following grounds:

The purpose of the oath is probably a manefestation of the
Univ. of Cal, with regard to its fundamental loyalty to the
principles of American tradition and against totalitarian
subversiveness from left or right.
I refuse to sign the additional oath because I believe

2)

3) The senseless struggle about the oath - an oath taken to

observe another oath - has done enough damage. It has brought

forced ^
unrest into the whole University. It has pzKUiiuft a score

or two of UEk serious scholars to interrupt their scientific
production in order to serve on Committees, meetings, or
otherwise waste their time on fighting against the oath.
It is the primar duty of the Regents to secure and safeguard
- so far as it is in their power - the undisturbed scientific

v% ^% ^^

work of the University, but to handicap productive work.lqc

Moreover, this futile struggle »hnntr iht Ofltb.is about

to open up a deplorable and serious, perhaps for long times
to come irreperable, rift between

a) Regents and Faculty;

b) Signers and Non-Signers within the Faculty;

c) Students and Faculty.

How can the Regents bear the responsibility of having done
damage to the institute which has been entrusted wi* them?

^-tjUp^

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because as a conservative scholar I believe in the conservat-
ion of true values, and therefore refuse to yield to the impact
of a momentary wave of mass y^pstw4a or to that of a fever of
equalisation (•'Gleichschaltung") the notorious models of which
in Russia, Italy, Germany should be too fresh in our mind as
to be forgotten.

The present madness will soon be forgotten, but the enforced
oath remains and with it a blemish on the shield of this great
University.

s^

*<K

LUX^f>^J^^^'

V

Because I an adherent of tk neither political collectivism in
general, nor of the particular collective doctrines as taught
by the Communist party, totalitarian states, or related s^xkamm

efforts Vft statiSB.

I therefore refuse to recognize the notions of both collective

guilt and collective suspicion,

I refuse to recognize the imputation that, because I am a
member of the Faculty of the ISiiv.of Cal., I am a priori
a person suspect of political disloyalty to such an extent as
would demand a compurgation by oath.
^ ^fl^fjA I refuse also to clear myself of an unwarranted, unsupported,
^OMF-^f^^^ ' a„^ unjustified suspicion before the very forum of those who

KxmxtkMxxvikmxsxmtxtMmx*miimmt±rmxmkaxsa have cast the collec-
tive suspicion on this Faculty and then demand the individual ^
oath-supported .compurgation of the self-same ImcgiMtiyxKhacxgKx
charge which they themselves have divulged. It is against
Common Law to be prosecetor, judge, and jury at the same

Ca i Jbl^ Q ll'^^^ji^ime.

' fy^r ^<iu- I "«y. however, request an FBI investigation against myself
•"^ ^^ to clear myself of slanderous suspicion. But the University as

an institute of scholarship is not •! Uiu HMii 111 a police

court.
For that very reason I refuse to be cooperative in what the

Advisory Committee described in the following terms:

It is not my business to deliver a colleague, even though I
may not share his opinions, to a pailtlKcl law court. Eet
that be the office of the FBI.

/\}0V(.OLM tk^

C QA-tX-l^ '

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f1

I refuse to sign Section 2 of the proposed oath for the fol-
lowing reasons:

^s) Because the combination of payroll and conscience is as
absurd as it is immoral. The demand of the Regents that
scholars act either against their conviction, conscience,
and judgment, or else lose their tenure, creates a state
of moral, and probably of legale duresse*

I refuse to act under duresse and therewith to jeopardize
my freedom of judgment which would prevent me from dischar-
ging ••faithfully the duties of my office according to the
best of my ability."

2) Because as a conservative historian-

to

efuseta yield to the
impact of a momentary wave of mass hysteria and "equalisation
U-yht^ (Gleichschaltung) the models 6t which are notorious, ^-'^ <-C

5")

A,

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) Because I am »g»-kk«p an adherent of neither collectivism in
general nor of the particular collective doctrines as taught
by the Communist party, totalitarian states, or related
systems of statisa.

I therefore refuse to recognize the notions of both
collective guilt and collective suspicion.

I refuse f^Mstti^ to recognize the imputation that, because
I am a member of the Faculty of this University of Califor-
nia, I am a priori a person suspect of political tilpyalty
to suchVxtent as would demand a compurgation by oathjr

I refuse *lst) to clear myself of an unwarranted, unsup-
~^ ported, and unjustified suspicion before the very forum of
those who have tki*mt cast -a collective suspicion on this

//

/

^U^:^

Faculty and then demand the individual. compurgation by-
Mrtli of the xcxjc self-same suspicion which they themselves
have divulged. ^

I may, however, request an FBI investigation against
myself to clear myself of slanderous suspicion^ r

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I refuse to sign Section 2 of the proposed oath;

1) Because I believe that the attitude which the Senate has
taken on June 14, 1949, was a far stronger and far more effect-
ive demonstration against Communis tl and Totalitarian tyranny
of any kind than a so-called loyalty oath could be, and because
I believe that any Committee on Un-American activities should
be proud of the American attitude displayed by the Senate of
the University of California on that occasion;

^) Because as a conservative scholar I refuse to yield to the
impact of a momentary wave of mass hysteria or to that of a
^e^iCo^ •'equalisation'' (Gleichschaltung) the Russian, German,
J/£L k)v'<US?Juf U<(^-'^^^^^^^ models of which are notorious; norydo 1 wis^ to make
ruJll ^U. A^H9-^ myself ridiculou;ar by joining in tte- purge/ of tha/kind as
/^ /^Y^(M?fei2^ carried out by/l)uck Hunting Clubs, stam/collectxir Associations
fy^f^uL<s^U^-ccd^'^^ confessional Fraternities, which ^eady ha^ started. /

^ icJiA l^cffco^ |j Because a great University is in danger, not as the result
bJlQJ^H^^^ ("^'f^^^ undermining activities on the part of Communists, but as

Y^i^^^ the result of the breaking up of its Earner unity from within.

45.U00 students, unanimously opposed to the proposed oath,
:^^ftcCr^»>M ..o i ,.: ^^^^ ^^ ^^^^ ^^^^ ^^^^^ confidence in the integrity of their

teachers shaken, it is pleasant to have the confidence of the
Regents, but it is indispensible to have the confidence of the
students in order to discharge as a teacher "faithfully the
duties of my office according to the best of nay^b i 1 i ty . '^ T he
Vacuity is instituted not for the Regents, but for the students.

i

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.'he senseless struggle about a meaningless and futile oath is

deplorable and serious . fcA^ooff (Y^c:. *a^

between

^^^ about to open a/rift ucxxxckxxB

a) the Regents and the Faculty;

b) hetvdot^ the Signers and Non-Signers within the Faculty;

c) tpt^^tL students and Faculty.

^COu^^jt I sign, I cannot go on teaching as T did before; if I do

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not sign, I shall not be allowed to teach. How can the Regents
bear the responsibility of having brought hundreds of honest
scholars into a conflict of that sort?

/S^^^ 2^

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(2^ Q Pf'i^ac

2)

efuse to recognize either the notion of a collective guilt

that of a collective suspicion, since I am not an adherent

in general particular

mmunist
statisms.

of collectivism or of the collective concepts^of^the Co

other hysterical
paMy, totalitarian organizations, or XKUtut pxKXBXt s

I therefore refuse to recognize the imputation that because I
am a member of the Faculty of the University of California,
^ ^^ Q priori a person suspect of political illoyalty, or that
I am suspect to such an extent as would demand a compurgation
by oath« I refuse to cleanse n^yself of an unwarranted, tmsup-
ported, and iinjustified suspicion based merely on the fact that
I happen to be a member of the University of California •

The Regents have cast a suspicion collectively on this Univer-
sity and now demand an individual compurgation to clean::e this
body from a suspicion which they themselves have invented.

If the FBI shall demand from me an individual CKnprnxgatiftx
oath-supported compurgation of a suspicion I shall not hesitate
to make any statement which is deemed necessary. The University
as an Institute of scholarship and has no the right to prevent
••f oy policing my mind and judgment, to prevent me from
"faithfully discharging the duties of my office according to
the best of my ability,"

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2)

Since I am neither an adherent of collectivism in general, or
an adherent of the particular collective concepts as taught by
the communist party, totalitarian creeds, and related hyster-
ical Stat isms, I refuse to recogniBe either the notion of a
collective guilt or that of a collective suspicion.
If the FBI shall demand of me an individual oath-aupported
compurgation, I shall not hesitate to make any statement which
will be deemed necessary

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Since I am neither an adherent of collectivism in general, or
an adherent of the particular collective doctrines as taught by
tke COMMiiist party, totalitarian states, or related systems of
hysterical statism, I refuse to recognize mttMmx the notion of
a collective guilt as well as that of a collective suspicion.

I therefore refuse to recognize the imputation that I
aa as a consequence of being a member of the Faculty of the
University of California a priori aperson suspect of political
illoyalty to such an extent as would demand a compurgation by
oath.

I refuse also to clear pyself of an unwarranted, unsup-
ported, and unjustified suspicion before the very forum of
those who have cast a collective suspicion on this Faculty
and now demand^ indiviaual/cDmpur gat ion.

I may, however, request an FBI investigation against
myself and, after having cleared myself ±xamx«MJiptaiam, sue
the authors of that suspicion for slander*

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1. There is probably unanimity in one point: \

that the attitude which the Faculty or tke 'Senate hagCtaken
two weeks ago was a far stronger and more eiiective demonst-
ratation against Communism and TotalitariWlsm than any
so-called loyalty oath could be. This traditional stand
against ^tatisms of any kind should not be given up^^liii<^^^^

2, The true issue is not the oath or oath-formala, but the dis-
graceful combination of payroll and conscience. If the FBI
demanded from me a statement concerning ^ membership or non-
membership of the Communist party, I would not hesitate to give
it* The University should not stoop to take over functions of
the FBI. The disgrace is in the fact that the Regents demand
scholars to either act against their convict ion, wit conscience,
and better insight, or else lose their tenure*

3. This procedure has created the state of duresse under which we
are supposed to act.

Can the Faculty allow itself to act under diiresse? The next
time the Regents may promise a salary increase of ^1000. oo
to anyone who acts against his conscience but helps the Regents
to save face. I am all for face-saving, but it depends upon
what the face is like.

4* The Democratic nations were gloating upon the lack of civil

coura/?e of Italian and German professors when they toke under

^ enforced

identically the same duresse their/ loyalty oaths. Now exactly

the same things are about to happen here. Aristotle, in the
Politics says: "Under every oblique regime the j^ood man is a
bad citizen; under a straight regimex, good man and good citi-
zen coincide." It is shameful that we have been forced into a
situation in which we have to face the alternative of being
either a "gool^mam" or a "good academic citizen." What do we
teach Philsophy and History for, read Aristotle and Dante taxf
with our students for if all our teaching i#Mit. does not oblig-
ate at least the teacher to preserve kis moral independence,
and independence of judgment?

5. The procedure allows two alternatives: ^^.^>cc£<2t

a) not to sign; b) to sign in such a form as invalidates the
oath.

a) If a sufficiently large number of Faculty members - say

6)

around or above 50 - were willing not to sign, it would be

<

the best answer. I believe it will not be impossible to find
those 50»

b) the other alternative is to sign either by scratching out
the second part of the oath or by appending a formula which all
of those willing to demonstrate against the coercion should use

uniformly, for instance:

moral

"Signed under coercion and in a state of duresse. *•
So far as I know actions committed under duresse are liable to
be invalid.

Finally I move that a Senate meeting be summoned with the
following motion as No.l fllxtluxxKXxlfluuc on the agenda:

••That the Senate record its disapproval of the
requirement that an oath be taken under duresse. ••

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emerges in the Anoient Near East before penetrating the
Hellenistic Roman world. It would he presuming too much
even to intimate to what extent Ancient Egypt may have
been responsible --

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emerges in the Ancieat Near East before penetrating the
Hellenistic Roman world. It would be presuming to drop a
casual word about Ancient Egypt where of course the king
as the son of RA and his father's likeness was identical
with the sun

/

H'"?! ^JU.

UNIVERSITY OF CALIFORNIA

EKa

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

i «f ^o>

Declaration

In order to avert the immense dangers threatening this University,
to secxire the continuity of teaching, to make new appointments
possible, and to guarantee perhaps the very survival of the
institution such as we have known and loved it,

We, the undersigned Members of the Academic Senate, Northern
Section, acting for this purpose as a Body Corporate, hereby
solemnly declare:

1) If any member of the teaching staff be dismissed for the
sole reason of not having signed the proposed special oath
of loyalty; or

2) if the paralysing threat continues that Faculty Members,
especially those without tenure and Teaching Assistants, will
not be reappointed unless they have signed the aforementioned
oath by April JOth; or

3) if the decision disparaging this University remains valid
according to which new appointments to the teaching staff,
which have to be made during this spring semester, will depend
upon subscribing to the aforementioned oath;

the in oorpore resignation of the whole Academic Senate will
be the immediate and irrevocable consequence.

Therefore, the in corpore resignation of the Academic Senate,
Northern Section, will be submitted by the Vice-Chairman of the
Academic Senate without any further Senate Meeting, automatically,
and as a matter of course and routine, unless ^iw^'^W^T^ TTi i iiinfii f i
-«#^the Regents, at their last Meeting before April 30th - that is,
at their Meeting on March 31st, have rescinded the aforementioned
oath.

>

Motion:

/cuw/e52^

We move that the Senate entrust' the Vice-Chairman of the Academic
Senate, Northern Section, with ^A^iia pules Us to submit to the Boai
of Regents the resignation of all Members of the Academic Senate on
KS±jux AiKX±±xf]ut April 3rd, unless the Regents, at their Meeting
on March 31, have decided to rescind the oath^

in committees and classrooms, and thereby challenge
the Regents to dismiss us too. Should the Regents
decline to re-instate our colleague within two
weeks, we, the undersigned, shall^ecurr to the
ultitna ratio, the resignation/In corpore^

(^ut oma t icallj^* '

UNIVERSITY OF CALIFORNIA

n

.J

DEjtKjlMENT OF HISTORY
BERKELEY 4, CALIFORNIA

Btalaratlen

Xa order to avort tho Immixiso dani^ers tluroa toning thlo Uhivorslty,
to eoouro tko oontlnuity of toaolilnc» to mako now appointaonto
yooollilOt and to guaraatoo perhaps tho rexj survival of tho
laatltutloa auoh as vo havo known and lovod Ity

ffOt tho nadorelgaod Momboro of tho Aoadonlo Souato^ Horthom
SootlOAf aotlng for this purpose as a Bodjr Corporate^ hereby
solonnly doolarot

1) If any ooaber of the teaching staff be dlsnlssod for the
sole reason of not having signed the proposed spoolal oath
of loyalty t or

2) If the paralysing throat oontlnuos that JTaoulty Monbors,
ospeolally those without tenure and Teaching Assistants, will
not be reappointed unless they have signed the af oroiaontlonod
oath by April 30th| or

3) If tho doolslon disparaging this Ujolvorslty roaalns valid
aooordlng to whioh now appointments to the teaching staff,
which have to be nade during this spring senoster, will depend
upon subsorlblag to tho aforemntlonod oath;

^^^ ^ gorporo resignation of the whole Aoadenlo Senate will
ho the loBiednEato and Irrevocable conse<jLUonoe«

fhoroforot tho In oorpore resignation of the Aoadosdc Senate,
lorthera Section, will be submitted by the Vloe-<:halnan of tho
Aoademlo Senate without any further Senate Meeting, autonatloally,
and as a witter of oourso and routine, unless the Cody Corporate
of the Eogents, at their last Mooting before AprU !»Cth -- that Is,
at their Meeting on March 91st, have rescinded the aforoBentionod
oath*

of

fotlom

■0 move that the Senate entrust the Vloo^-Chalnan of the Aoadealo
Senate, liorthern Section, with plena potestas to submit to the Board
Regents th© resignation of all Sembersofthe Academic Senate on
amtmnm gpmtkxBmt April 3rd, unless the Regents, at their Meeting
on March 31, have decided to rescind the oath.

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

February 28, 1950.

Professor Edward Strong
Department of Ihilosophy

Dear Ed:

I can see only one way to restoring the reputation of
the University and to recovering its prestige both natiofially
and Internationally, and that is by a drastic victory of a
Faculty determined to keep its own shield clean* It is wrong
tact ice to try to tip the balance by persuading some of the
opposing Regents individually to change their mind. Tae Regents
have acted as a body corporate. The only answer on the part
of the Faculty is to act likewise as a body corporate and to
manifest its solidarity at conserving the self-respect of the
profet>sion. We have to answer alterna rives with alternatives
and ultimata with ultimata. This will be the only language the
opposing 12 Regents will understand; Dut we have to stop
building treacnerous '* golden bridges" which will lead to a
defeat.

As a first step in this direction I propose the sigiing
of a declaration, before the Senate iceots on Uarch 7th, of
essentially the following content:

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I

I

"We, the undersigned, hereby solemny declare:
If ^inj iBember of the teaching staff, including
teaching assistants, be dismi3t>ed merely for failure
of having signed the oath, section 2, we shall im-
mediately diacontinue to discharge our duties in
committles and olassrooros, and thereby challenge
^^ the Regents to dismiss us, too, A resignation

in corpore will follow automatically, if the Board
of Regents should decline to revoke the dismissal
^^iriiC\-^cc^ <^CecQ^^^of oxix colleage."

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^Thls declaration should be circulated through all the Depart-
ments as speedily as possible and be signed by all the members
of the Academic Senate, '•signers" of the oa*:h and "non- signers"
alike. I assume that at least 500 sigmitures can be obtained
without difficulty. This declaration should be brought before
the Senate to get the endorsement of the Senate as a body
corporate. If accepted oy the Senate, the first line should
read: ••We, the Academic Senate, Norther Section, hereby sol-
emnly declare..." The resignations, if this ultitaa ratio should
prove necessary, which I do not believe, should not be made

J

UNIVERSITY OF CALIFORNIA

I

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

WmtmiArj 28 « 1950

D«l^ai*tmttui of Fhllo#a|^
GmtpxxB

bmmr Ut

I omn mmm osily &gm way u> r&storiag tbm r^putatlim of tte
ttllvwaity^ reoovorlfl^u, I^.b p^*<s»*;lg# both nfttloaAlly aad lnt«r-
natlMially^ And fmrliaps »Avln^' its v«r/ ttxi«t«ne#, Mud that is
hy a draatlo vlotojpy of a Fa--.xty datars&lned to kaop Its o«n
ahlald elaan aa a corporation*

Tha H^^ita hm^fm aotdd urn a body oorporitto* ftm oiu.^ unawar
on tha part of tha Faoolty ia to act li^wowiaa aa a body attvporatot
to laanifaat ;ssoat i«|^raaaiYaly ita aolid^rity^ thtoi^ab/ to aava tha
aalf-raapaat saxa tim di|{nity of tha v^iola profaaaion^ K%d to induce
ti^a Baganta to j^g^o^tbi^ thair daclalon uf .-^abjruary 24«

Aa oaa of tha laoat iMpxHPttmM atapa in that iiroctioa I propaaa
tha aii^inii of a dacluration of aaaantlally tht^ allowing content:

'^Ba* tha ondarsi^^uad^ hereby aolMBiy daclurc^ i.;.T%t
ualaaa at tha nmxt oaatin^ of tha Ha^ante on i^aroh
87 tho proposed apaalal oath of loyalty ia ravokod^
vat the iindaraignadt almll IsaHNiiataly and auto-*
Matieally diac<).:tinue to diao^iarga our dutioa in
ot Tlo^m and alasaroona.

"If any isiatibar of thii* taHchlug staff » ^neludin^ taach-
in^^ aaalatantat be diwdaaed on or by v ^ly 1^ 1950
for Urn sole reason i of not i^iavln^^ s14(i:»mI thu oath,
aaat' n 2, tha raaic^nati^m in corpora will folio*
1—iart. lately and aotosHntiaaiXy.^

Thla aaolaratioii wiiat be circulated aitb it>eatagt apaad throuiih
all tlfea i>aBart£:Lonts to be aignad by inaibars of tha Aeadaada .Janata,
by *^oath-aljgnars** mad "^nen-algnara^ allko. X aaavaa Uiat at laaat
600 signaturos onn be obtained vlUwut ^'^^flaulty bafoira the itaet*
in<^ of tha Aoadei4ia I>aniute on Marol^ 7« j^^oO. The daelaratlos than
ahoold be brou^ilit before tha '>enate to l>e api^roved by Uia ':a aa

the awirae to be folloaed hj nil ■ewbara of tha Je* acuity daa i.x*iii(^ to
Join and al|i^ tha above dacl'tration*

Tha raaignatl#ne» \^r n altina ra.lo 9hiu jva naoaaaary

a^ tar July 1^ ahloh I do not baTTava* aHinXd dafinltcl/ not be
nade individually » but by a paraon or ooKmittaa daali^nntad by tha
Adadattio Senate to subtait the reslifnawiona of tho ranate aenbara
In corpora »

Profimtdr i.avfeard ;>Lron —8

8*2a«60

fhi« motion will not .lntarr# ci with thm ^^mmnB^d c t action
it wi*. prot«ot oiir colI«Agu«at itt«^rAir*iit thu di^, ir

r>ror««aion, and raator« th# raputation und pruatl^jO o. l«

varsity, ii. l«a«t with XMgaM to thw t«AOhli\; acadftmlc •

» * • ».

Cordlitlly youra.

luit R« lUaWFonrl^s

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

February 28, 1950.

profeBsor £dward Strong
Department of Philosophy
Campus

Dear Eds

I can see only one way to restoring the reputation of
the University^ recovering its prestige both nationally and
Intornationallyt and perhaps saving its very existence, and
thcit is by a drastic victory of a Faculty determined to keep
its own shield clean ae a corporation*

(T^r:±s^vsrtt>tii tSotia^ to try to persuade individual
Re^ents^tSoKangr^^hBlr^ tip irhr^lmiamoenfc

me Regents have acted as a body corporate • The only answer
on the part of the Faculty is to act likewise as a body
corporate, to manifest most impressively its solidarity,
i^ir thereby save the self-respect and the dignity of the
whole profession. We have to answer alternatives with
TK.UUA alternatives and ultimata with ultimata* But we have to
7^ stop building treacherous -golden bridges" which can only
suio^o^^ f!,t ^^\ ^^ defeat and disastr^r.

AS one of the most important steps in that direction
1 propose the signing of a declaration of essentially the
following content:

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•we, the undersigned, hereby solemny declare i
••If any ■•mber of the teaching staff, includ-
"ing teaching assistants, be dismisssd merely for
"failure of having signed the oath, section 2,
*we shall immediately and automatically discont'*
"Inue to discharge our duties in uemmlHles and
-classrooms. A resignation in corpore will fol-
"low automatically should the Board of Regents
"decline to re-instate our penalised colleague
"within two weeks."

This declaration must be circulated with greatest
speed through all the Departments to be signed by members ^
of the Aoademic Senate, by "oath-signers" and "^o^-J^fSJ'lir.*^
alike. I assume that at least 500 signatures can be obtained
without difficulty before the meeting of the Academic Senate
on March 7th, 1950. The declarationjhenshould^be brought

before the Senate tp ^

sush. If accepted/by
"We, the Academic ^ei
declare.

^
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le

the/ en*orse«^nt oft the Senate as
^ -^ ^<i first/ line should read:
Seotionii hereby solemnly

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UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

Uy. '>>-^

yatle sli^mH »jrov«

SEouirTiflait^ljr Mt

^e^/ oarporat^

k|f ..#Mats faU to
^ritldm t«# wmJU.
if jram fl^t a

flOa a^tloa will not lnt«rf«ro witk tto »laJBMd/iourt ^

•#tlMit ^ttt i^ «^^ protoot

aaULoacttaa. aanlfoat/tko

dUalty of o«r pjrofoaaioi^ aaA roatoro tko '^•P^'^^^f'^^;^
praati«o of tlila Untvoratty, at laaat altli rmf^srA to tbo

aeadMdLo body

/

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Cordlallj /ours

Krast B«Iuit*rMiioB

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

28» 19!>0.

frofftftftor BisMTd Strong
Mp&rtaont of Phllooo»liy

Mi

I oan SMI only M» ^Mqf to rofttorixm tko rtput^tloii of
tte thU.vorolt7t rooovoriag its prootigo both aotionally aaA
Intenuitlomlly, oad yorkapo oavljas its voary oJLlstoaaOt oi^
tlyit Is by a dimotlo victory of a Faoitltjr dotoralJMi4 to koey

its Mm slilold cloma as a oorporatlon.

It la WFrnag taotlaa to try to porsiiado ladlTidual
fiA^^Bts to oiyui«o tlioir attltvAo aaA thmrm^ tiy tko balasoo.
lOM&ts kaTo i^etod as a kodj oorporato* fko oalj aaavor
Om part of tho faault/ Is to aot llkowlso as a bodj
>orato» to MAlfost aiost laprosalvoljr its solidarity »
theroby aairo tko solf-rospoct aad tko dlg&lty of tko
ao profossloa. to ht^ytB to anssNor alt oraa tiros vitk
altormtiTOS and ttltlMnta witk ultiaata. Bat wo hare to
stay kvlldiaf troaoherous *soldo& brldsoa* i^ioh oan oaly
load to dofoat aad dlaast«^r»

As mm of tho »ost iaportant stops la tkat dirootioa
I propoao tko aicBiag of a doolaration of oaaontially tko
foUowlag oontoaits

*«s. tko «Miorsij;nod, koroby soloa^y doolarot
""If aiv oMibor of tko toooking ataff » i&oluA-
"^ins toaoklag assistants, bo diaalssod aoroly fo^
•failuro of kaviag sifood tko oatk, soctiom 2,
*«o ^ki^^^ laaodlatoly and aatoa&tioally disoont-
*lsiio to dls^Morio our dutios la oo— ittios and
'olBMBTSOMS A rosigaatloa in coryoro will fol*
•low ■■liMTIsinj skould tko lo^rd of Eogonts
•doolino to ro-int e our ponalisod oolle.-£na€
"witkla two wooks*''

to0laratlMi wnat bo oiroulatod witk groatoat
spood tkrowgk all tko l>opoxtsoats to bo oigaod by
of tko Mm4iT^1\^ Soasto, by *oatk-«igaors* and
alika. I aaaaao tkat at loast 500 sigaaturos oaa bo ootuinoa
witkout difficulty boforo tko aootlng of tke Aeadoaio Sonato
oa larch 7tk, 1»50. Bio toolaration tkoa akould bo brought
boforo tko Soaato to got tko oadorsoaont of tko Soaato as
aaak. If soooptoi by tko &oaato, tko first liao skould roads
*109 tko AaaAoalo SonatOt lartkara Sootion, koroby soloaaly
• • •

I I

M^'fe

2.

ammmmxf irid4rii I te B#t b«li«T«9 aJiouii a«fS^lt«l/ not

»# Mdo lttAlvidui.1V, but bjr tltlMT tto VlM-CtelraM of tho
AMiAmiIo SOMto or by a mUm^PM '^ ^^Jf f^rofosoor ?oljma «»
antariMitoA ^ tko Somto or oli^Mro to oubeit the rool«Mitloii
of tte Soaoto MoMkoro in oonioro If tlio HoMoto tmll to
rovoko tlio dlomlooal of our oaxxoogiio wltbla two woolco*
IMlvlAml motion will &lwi/o bo dooaod If you f i^sht a
bo4/ oor9#rmto«

mio Mtloii wlU Mt Inturforo vltk tbo plMmamA oourt
ootion, but it will protoot our ooXloa^^uo^t Bonifost th^
td^lty of our profoosiou, and rostoro tko roputatlon awA
Moati^o of tWLa UnlYoraltyt &t loaat with rogard to tho
toaohtuf fLMAmHln body.

e«rAftaXljr youra

Braat l«Kantorowloa

BEL

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"fgih xofP|r«mr#fW«w

riMiAEK2iiA Oh cvn

- 5 •

- 2 •

UNIVERSITY OF CALIFORNIA

DHPARTMENT OF His^?^ r«»l^iiatlona

BERKELEY 4, CALIFORNIA

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UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

February 28, 1950

Professor Edward Strong
Department of philosophy
Campus

Dear Ed:

I can see only one way to restoring the reputation of the
University, recovering its prestige both nationally and inter-
nationally, and perhaps saving its very existence, and that is by
a drastic victory of a Faculty determined to keep its own shield
clean as a corporation.

The Regents have acted as a body corporate. The only answer
on the part of the Facultv is to act likewise as a body corporate,
to manifest most impressively its solidarity, thereby to sWe the
self-respect and the dignity of the whole profession, and to induce
the Regents to r^^^ verse their decision of February 24.

As one of the most important steps in that direction I propose
the signing of a declaration of essentially the following content;

"V/e, the undersigned, hereby solemny declare that
unless at the next meeting of the Regents on March
27 the proposed special oath of loyalty is revoked,
we, the undersigned, shall immediately and auto-
matically discontinue to discharge our duties in
offices and classrooms.

I^toiy member of the teaching staff, including teach-
ing assistants, be dismissed on or by July 1, 1950
for the sole reason of not having signed the oath,
section 2, the resignation in corpore will follow
immediately and automatically.""

This declaration must be circulated with greatest speed through
all the Departments to be signed by members of the Academic Senate,
by "oath-signers" and "non- signers" alike. I assume that at least
500 signatures can be obtained without difficulty before the meet-
ing of the Academic Senate on March 7, 1950. The declaration then
should be brought before the Senate to be approved by the Senate as
the course to be followed by all members of the Faculty desiring to
join and sign the above declaration.

The resignations, if this ultima ratio should prove necessary
after July 1, which I do not believe, should definitely not be
made individually, but by a person or committee designated by the
Academic Senate to submit the resignations of the Senate members
in corpore.

Professor Edward Strong — 2

2-28-50

This action will not interfere with the planned court action,
but it will protect our colleagues, manifest the dignity of our
profession, and restore the reputation and prestige of this
University, at least with regard to the teaching academic body.

Cordially yours.

Ernst H. Kantorowicz

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

r^briMury 28^ 19^0

Jbmp^rtmmnt of I'hlloftopfa^

I can s## only oiui «i3r to restoring tho roputiitloa of
tho University, rooovorlag lt» prestige both nut t ions ily and
inturniitlonally, and periMupe aavlnc its very existence, and
tkiit it* by a drastic victory of a Faculty deterainoa to Jcoep
its otm stLielA olean as a oorporution.

It is )«roac taoties to try to persuade individual
BMirtto to ohange their attitude and tboreby tip thm balaaoe.
the ilegents kave acted as a body oorporate^ me only answer
oa the part of tlMi faculty is to act likewise as a body
corporate t to Manifest eost iflpressiveljr Its solidarity,
and thereby save the self-respeat and the dljpiity of the
whole profession, ie have to answer alternatives with
alternatives and ultimta with ultimta* But we have to
stop building treaohoaroos "folden bridges* which can only
lead to defeat and disastrr*

AS one of the »ost important stops in that direction
I propose the signliig of a declaration of essentially the
following content t

«

m
m

m
m

m

VOf the ndersignod, hereby solosny declare t
If any Maber of the teuchinj; staff ,incl»i-
ing teaching assistants, be diSKi a* Merely for
failure of having signed the oath, section 2,
wo el^^^ iMMOdiately and autonatically discont*
inue to fllsohsrgir our duties in ooMdtties and
clabsrooaai. A resignation in corpore will fol-
low autoa^tically should the Board of Regents
decline to ro-instate owe penalised cclloagoo
within two weeks**

fhis doolaration mat be circulated with greatest
speed through ail the J}epart«onts to be J^^^.^* •••J"* -
of the Aoadosilc Senate, by •oath-signors* and ••<>»::*^«"^* .
aliS! lassiase that it least 500 signatures can be obtained
without difficulty before the meeting of ^*^/^*J*^^,f*"f !*
on torch 7th, 1950. The doolaration then J^ould be ^^^^
before the Sonato to got the oadorseaent of the Senate as
such. If accepted by the Senate, the first line should readt
•iO, the Aoadenio Soaate» Borthen Section, hereby selemly
doolare • • • *

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

the resignations, if this ultima ratio shoxad provs
aeosssary which I do not believe, should aofinitsly not
l)e ntide individually, but by either the Vice-chairman of the
Academic Senate or by a colleague - say. Professor Tolman -
entrusted by the Senate or signers to submit the resignation
of the Senate Itea^ers in corpore if the Regents fail to
revoke the dismissal of our colleague within two weeks.
Individual action will always be doomed if you fight a
body corporate.

This action will not interfere with the planned court
action, but it v/ill protect oxar colleagues, manifest the
dignity of our profession, and restore the reputation and
prestige of this University, at least with regard to the
teaching academic body«

Cordially yours

Ernst H.Kantorowics

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1) The Senate unanimously expresses its regret and deep concern
at the decision of the Board of Regents to break off the neg-
otiations with our Conferenoe committee by choosing a deplor-
able ultimatum of "Sign up or get out without hearing" as

their last word.

The Senate rejects the ultimatum, *ut shall nevertheless
stand ready to reopen negotiations if the Board of Reoents
80 desire.

I

1) The Senate unanimously expre: ses Itb profound regret and deep

concern, at the decision of the Bobrd of ^.ti^cn^b t^e-see- their

expedient ^'

last in an ultimatum of "sign up or ^'O out . 1 thout hearing."
The Senate rejects the ultimatum, but shall nevertheless s^and
ready for further negotiations to be reope/:ed if the Regents '
so desire.

2) The Senate is of the opinion that mere failure to sign the
special oath in addition to the standard oath cannot constit-
ute (»«f#i^eir^Hr#a«^a for j or Justify ^^ an infringement of
right of tenure, aM declares its solidarity with those who
for reasons of conscience do not feel able to take the
additional oath.

3) The Senate declares that if any member of the teaching staff
should be dismissed merely for failure of having signed the
additional oath, the members of the Faculty recognize their
obligation to give financial ai:d moral support to their
penalized colleagues in court and out of court.

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I

Wc no/ laager are in a position to consider ' .e U.C.
oathiin internal affair. The echo which has sounded
back to the Pacific from all over the nation aid froii
over-seas leaves no doubt that this has become an
issiM of all the remnants of the former Republic of
Scholars; a-^ least of all scholars of the rel. -^ively
free world west of the Iron Curtain. It is their issue
too, because at every university the scholars, wno
now have articulated their solidarity with this Facul-
ty, may feel that they too might be placed, one day or
other before the alternative: •'Conform or be dismissed
without hearing. "(It should be mentioned in this con-
nection that even the liaticalsocialist avt XJikX did
not go as far as that . ecause in the Kazi State the
alternative was: •'Conform or be retired with full
^"^lifesion or full salary*' as the ca»« my have been, a/.d
that even the Nazis recognized ^.he right of tenure. )

That is to say, this Faculty has . een made to shoul
der, much against its will, w±tM a burden and a resr^on
sibility which we cannot cast off. Ii we fall, the
world's greatest university in a still free coun-^ry,
backed by JtkK public opinion within the whole academic
world and beyond, wnat will be the fate of ot ers?

We cannot afford to give the world a mieerable show

Q^u en
of haggling about formiilae, of disunity in the chief

issue - "Conform or he dismisEed without hearing" -
because we dl . ree on other issues.

What the others may have expected irom us would
have been the ir. corpore resig.xation. Tnat this much
discussed measure is not applicable in our case -
perto#s only "not yet" applicable - because it would
deprive us of the possibility to carry on the fight.

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or to take legal action, as the case may be,
calls for an explanation, which we owe to the others.
T therefore propose the addition of the following
clause: ^^^^ seemingly strongest weapon,
♦'The in corpore resignation of .the Faculty has been
considered, but rejected, because it would deprive
us of the possibility to carry on the fight and
would deprive the non-signers of the possibility
to take legal action.''

I

Ne do not hesitate to give, voluntarily and as free cit-
izens, this affidavit which supports the findings of the
Committee on Privilege and Tenure. But we refuse to buy
or sell our academic position and dignity by ackno7;ledging
"that the foregoing statement is a condition of our
employment and a consideration of payment of our salary."
We object to being forced to act under duress or yield
to compulsion and economic pressure. We believe that any
activity of political inquisition, which paralyses schol-
arly production, should be kept from the campus and left
to such authorities as legally handle poli'^-ical na^^'ers.
we further believe (to us the words of Professor Prosser,
Dean of the .^w School) "that no professor may be dis-
charged withoutspecif ic charges made and proved a^jainst
him at an o en hearing at which other members of the
faculty sit in Judgment." And we protest against ixiskftx^
the abolition of the right of tenure the rules of which
have already been disregarded by the new forms of contract
which we have declined to sign.

.»*

x^

L

to buy, our academic
positions by
acknowledging

In order to avoid misrepresentation of our a^^itude, we,
the undersigned Members of the Faculty of the University
of California, who /liave been dismissed.; in violation of
good faithyiiy an arbitrary action of a present majority
of the Board of Regents, wish to inform the people of the
state of California that all of us, individually, under
the date of August 24, 1950, have made and deposited with
the attorneys MBSsrs. Landels and Weigel, in ban Fran-
cisco, the following statement:

"I solemnly declare that I am not, have never been,
and do not intend to become a member of the Coiimun-
ist Party or any other organization which advocates
the overthrow of the Government by force or violence,
and that I have no commitments in conflict with my
responsibilities wi th respect to impartial scholar-
ship and free pursuit of truth."

We dUML not hesitate to give^this affidavit voluntarily aad
as free citizens. But we refuse iMcxKakflcflMcifltdip* "that the
foregoing statement is a condition of our employment and
a consideration of payment of our salary." We refuse to
act under duress SJ yieldlxi; to iiyHr^l-flBtinQ^ co-npulsion
and economic pressure. We believe that any activity of
political inquisition, w.-ich paralyzes scholarly product-
ion, should be kept from the campus^ ;Ve further believe
(to use the words of Dean Prosser of the Berkeley Law
School) "that no professor may be discharged without
specific charges made acgatJixl and proved aga nst him at
an open hearing at which other members of the faculty sit
in judgment." And we protest against the abolition of
the right of tenure ^he rules of which have already been

V

disregarded by the new forms of contract. *Hl»(\ k-C"

^vs. TffiUOf 'H? Q-*^% ,

f*<^

In ord^r to avoid ml8irepre»^«n*:atlon of our cast and
to forestall slandsr^wa^ ths undsrsignsd mambsrs of tha
fnoxaty of the University of (California, whofln disregard

'•'Viet*. i3S;3tUJ!5. f !''"«r-

or the ttniingt of th« CMHiltt«« on Prlvil«g« and Tsnur*
and in violation of ^ood faith] /huve b««n dismissed by a
|trioicish and arbitrary action of tha August aajority of
tha Board of Aagents, wish to infora the people of tha
State of California that all of us, individiiaXiy, have
aigned and deposited with our attorneys, Messrs. Landels
and Weigel, in San i'ranoisco, the following declaration:

*I soleamly declare that I an not, and n%y9T have
bean, a member of any party or organisation, Coa-
mnlst, Faaolst, or other, which advocates the
ovarthrow of the Government by force and violsnee,
and that I have no oommltne.ts in conflict with mf
responsibilities with respect to impartial scholar--
ship and tr99 pursuit of truth.*

How that this declaration no longer oan have any bearing

r

< IS

Eigenta^ w#-4»r4ijg..lt. to
tlm^4mo^l0difa <^f tlKT-ytt^Me^^^^^^^^ we did not hesit*

ate to make h political statement voluntarily and prlva^e^
ly as free citizens, wa did object, nnl still object, to
ueixig forced to act under duress or yield to compulsiont
intimidation, and economic pressure.

We refuse to buy -t- sell our academic po«iition and
scholarly dignity by a cicno^v lodging that such a statement
be "a condition of our mployaent and a consideration of
payment of our salary •**

We believe, in oonformity with the Constitution of
the State of California, that political investigation,
which paralyses scholarly production, should be kept out
of the University and be left to the proper authorities.

se further believe that the academic profession
should be protected against arbitrary deprivation of rank
and livelihood, and that therefore (to quote JDean xrosser
of the Berkeley Law School) **no professor may be dis-
charged without apeoifio charges made and proved a^inst fl
him at an open hearing at whioh other member a of the V
faculty ttit in judgment."

- 2 •

><v

W« protest a/^ainat thtt abolition of th« rules of
tonuro as maniftstsd also b/ th€i surreptitious Changs in
the wording of the annual salary acceptance form which
formerly reads

"At the annual budget aeeting of The Regents of the
University of Callforniat your salary for the year
ending June 30, 1930, as l^^rofessor of.., was fixed
at ^•..,*

aiid which no* reads s

"This is to notify you that you have been appointed
Jtrofessor of... for the period July 1, lj5U, to
June 3Uf 193lf with a sal£4ry at a rate of ;^..«
per annua.**

^- — We decline to reeognlse non-'oonfoarmlsa in aatters of
procedure as a (pun^s>i»i^l4h^-eriii|e;^qaal to arson, rape, or

^the withholding of our
salary without notlflcation.^{lfe decline to recognise that
non«*oonformism in -* to say the least - a v^ry disputable
matter justifies|Tht^4i8»l«»«l wWbctr itself bbceaeW pee
n1b1n iiitjf troctthir ttji^Ii ^hrr effaosMmt and subversion of
the very Idea of tenure on which the academic profession
is based.
ef pe* tiy -ty t^iw^r^UJi -^aitiif wh*"'

With the iWigust decision of the Board of Regents the
satin issues have not been settled."" We art. ready to fight
for all the rights and privileges to whioh the academic
profession is entitled and of which we have o^en arbit-
rarily deprived.

I

«»

In order to avoid mlsrtpresentatlon of our cast and
to forestall slander, those oMBbers of the Faculty of the
University of California, who have been dismissed by the
Board of Regents have asked me as Chairman of the Group of
Academic Freedom to make the following declaration:

'•We solemnly declare that none of us is, and nevr has
been, a member of any party or organisation, Communist,
Fascist or other, which advocates the overthrow of the
Government by force and violence, and that we have no
commitments in conflict with our responsibilities with
respect to impartial scholarship, and free pursuit of
truth."

Individual affidavits to this efxeot« have been signed and
depobited with the attorneys, Lessrs. Landels and iffeigel,
in -an Francisco, by those members of the group who are in
residence*

Now that this declaration no longer can have any
bearing on o\ir academic position, we do not hesitate to
make a political statement voluntarily and as free citiz-
ens before the people of the State of California. Me did,
however, object, and stilly object, to being forced to act
lUlder duress, or yield to compulsion. Intimidation, and
economic pressure.

A'e refuse to buy and sell our academic position and
scholarly dignity by acknowledging that such ar statement
be "a condition of our employment and a consideration of
payment of our salary.*

We believe that the academic profession should be
protected against arbitrary deprivation of rank and liveli
hoCd, and that therefore (to (^uote l^ean irros&er of the
Berkeley liaw School) '•no professor may be discharged with-
out specific charges made and proved against him at an
open hearing at which other members of the Faculty sit in

jud5&ent."

Ue protest against the abolition ofli the rules of
tenure as manifested also by the sxxrreptltious change in
the wording of the annual salary acceptance form which

- 2 -

t^nmrly reudi

*'Ht th# <:k^ij&ui»l bud^ot ws^tiim o^ %^ limg%nt% of tk«
(;nlV4Mrsity of uailiornl&i your sul&ry for tkie /oar
•atlag Juot ]K^t 19!^09 m» Profo^»or of ••« «nio flxod

and idiloh amr romdtt

!♦ *

ii!hl& is to notify you th&t you h^vo boon appointed
Profoosor of ••• for tho period July !» 1950, to
Juj^ 'io« libit vtfith a oalaxy ^^t a rata of >$*••• par
annum***

to daolina to raoosr^iEO noii-^oonforxiaa in sat tars of
prooeduro ^^ JuBtif taction for tiia vAthtiOldlnc of our
aalary without notifioation &nd as a raa^on for di«aiaaal«
Tliis diomis3al Itaalf pr«auppos€& tlia af/aoawtnt and au1>»
vor^ion of tho vary idaa of tenura on whtth tba aoadiMftia
profaaaian la baftod*

itb tho daoioion of tha i^oaid of fiai^anta tha ouin
itaaea hava not toon sattlod« lu^^ Jtooision aaa takan in
diora^ard of the findinis« of tha Faoulty Coaaittoa on
iriviinga and TOnurOy ux^d in violbtior* of good faith.
OkO Ausuat aajority of tho Rofonts have rovaraad tho July
sojority of tho aama Baard^ fa aro raady to fii^t for
all th£i rights itnd privilogaa to whiah tho aoadaaio pro/-
aasion is oatltlod and of ahioh ao hava uoan arbitrarily
doprivod •

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^^ ^^at the Contract purports to accomplish and vhat it
actually does.

The contract purports to preclude the "'r^fntration
HffS of subversive elements into the fabric of tMs university
Both histor and common sense hscrj^ demonstrate/ ~ iftnd chculd
demons ti a L^Lu uvun Kke 3ii!Ji)l^^-iU:L.:iind - the fallacy of such
an assumption, since total ar¥?rt-crb%^ disregard for oath er *"
contract is one of the cfrrrfral features in the make up of a
subversive n,{i,d '.^ ; rA" ... ... /^>

If this university is as free fron subversive
elements as its record shovs , this is due not to the remo-^ef^.
control tliPwieh magic formula^ £^v. .^he board of Regents,
but K5DCKKK through the vigilance of the members of its faculty
who alone have the closeness of personal contact and knowledge
that can prevent the infiltration of such elem.ents.

There is no institution or sector of life in
thjre-op-^^y other --OQimtry which is not a possible target
for QQCrmflltl^lIMK subversive infiltration. If such elei-ents
succed in deceiving even their daily associates ,thev are
discovered not by >JT£--perlur:r committed on a sheet of paper.

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The contract ther> is totally ineffectual in .

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the Hoal which it purports to reach. ^^^ ^iajLi. a ^u-. . ^ ..-■...iiiw^ >> *■- . ^,^

l ISiilSi* ^^"^ ^* ^* »i3an0ca«8ary and ineffectual. 3he methods employed for the P"^^'^^ ^^ '^
I laat ten years to iMplMient the Regent's policy of 1940 to keep eubveraiTe
elemonta out of the University haTe been successful. In a statement over
the radio Dean Hicks stated, "Biere are no Communists on the University
of California ataff.

The present implementution of the f^**^ poliey^ •» implementation to tihieh
we are violently apposed, has not discovered one Cormunist in the academic
rankis and has ascertained this at terrific cost to the University. It is
interesting to observe that a teaching assistant, dismissed under suspicion
only had signed the contractual oath. It can not be effectual since a
member of the CoBmiunist Party nho sivears allegiance to the Constitution of
the United States, to vhich we all proudly subscribed and whose dig:nity we
consider cheapened by any lesser statement, has alr^dy perjured himself and

:

would not hesitate to do so a£;ain. Ihe spectacle of the erection of so flimsy

m

defense must cause the ruthless foes of democracy a 8m41e«

\

- 6 -

E) Tlie_^and of the non signers in viev of the present inter-

national crisis.

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Since the opposition of the non signers tK"'^^'*^^^
ste^s from the conviction that the contract constitute^ an
^^^i^^^Seraent on basic constiti4tional l^nd academic jfreedoir.s.

tueir stand is not affected by the present international crisis
^tf this nation became involved in a war with Pusiia^ these
TPS]Wil]aa^^^^m^^'}S¥^'^rm anongis^ others would be thc^freedoins

^ve would be f ig thing, f^r.

As far as federal or other r^ositions ^are concerned "^'

•or* n Ti

which involve security worl^the non signers >^-ve rs^^^'
the past^ VSMy:^3[Kx1^MT^nc5W'fm opposed , nor are they now
opposing t^ an oath or contract which includes an affirmation
of non membership in the communist party. The nonsigners
include a higV* percentage of "^^-^ wh-^ were or are at present
und£;r such contracts with the ^overnm^ent.

(X^j^

1

STA/^b OP THE U^A/Sl^/^^'^i /M/ VmiV Of' TJ-lll l^^rz^izfi^r

If/T^/^MATii^MAL- C J? IS IS

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principles
It vas In recognition of the gQfMITaTk'roJ^

conscience, set forth above, that the board of i^egents of
this iiniversity, upon representation of a conraittej^ repre-
senting 36 000 aluinni, in its meeting of ,

voted on a compromise, vhich offered^ to such members of

^ _ \xA^ sign^.the contract
the faculty as fsltx prevented by the"^dictate of their

conscience the opportunity of a hearing by the bc^^'ittee
on Privilege and '-^'cnure.

Non signers have taken this offer as a le^riti^-ate
alternative. They have been assure^ by \^-^ P^'^^ident in
statements made before the ass mbled body of the academic
senate as v.'-ell as 'r ^tements by the alumni and individual
mambers of the board of Regents that this offer wa:. .de
in good faith. They have been reinforced Iri this assum.pti^"^
by the overnor of the Sta^e.

Inspite of these facts certain members of the
board of ^^egents are now advocati:" ; the firing of men who
have been cleared by the Commiittee of Privilege and '-'•enure.

Such course , if it were taken , would constitute

,a.-iziala f|ri^..a^tr, and tnus involve a violation of a basic
principle of cor - law (tchecl^^ordid-) . It vould also be in
violation of a a tim.e honored pr-^nciple o"^ aca^r»rv,i- ^^^,,^,^
according to which in matters of hiring and firing the Regents
have always followed the recomiaendations of the i'aculty and
the President.

i

I'The University must uphold the intellectual freedoB and integrity
or tfte scholar and the individual* We rei-ard the demands made on us by the
Rer>«nts a violation of University Regulation 5, re-affirm«d by the Re^,ents on
February 24, I960, vrhioh states that "The University respects personal belief
as the private concern of the individual. It equally respects the constitu-
tional rit^hts of the citizen." A compulsory public statement ol opinion is
unpleasantly reminiscent of thought control • It sets a dangerous precedent
v; irtiich may leaii to the extinction of all freedom of inquiry in this University
^ and as a consequence ultimately in other Universities and so in the society
iftiich they sarve. The destruction of the great German universities began in
just this nay. (S«« Bdward Hartshome»s "German Universities and National
Socialisa") They also said "it oanH happen here.* And if indeed the present
Board of Regents does not contemplate further restrictions now, the tine ray
iwll cei!ie when we shall be governed by a Board who would care nothing for the
purposes of a University even if they understood them and would yield to out-
side pressures (political, religious^ anti-racial for example) or even use
their position of trust for their own political or personal ends. The gyroscope
keeps the airplane from building up a dan£<erou8 roll by ironinr out its first
beginnings. So we must resist the first attack on our freedams.

/

I

Academio ^reedon

\

^t postulates that in titutions of learning should be kept entirely outside
of the OM. spher^ of politics. It calls for freedom of inquiry -the freedom on vfhich our
entire modem system of research and knovrlddge is based, and through it the entire m^^^
intellectual structure of '^estern Civilization

(Horn)

T
"he freedom of the teacher to ho If opinions , to see the truth without fear, and to

speak fearlessly is an essential base for the education of the people on which democracy

must depend for its survival.

Loyalty to these obligations should be the sole test of compentence and these

freedoms cannot be preserved by denying tliem to particulsLr groups.

Political oaths on hearings which violate the privacy of the individual are

both repugnant to free scholarship and to democratic process"

/Quaker Statement, Oakland •tribune, July 6,1950^

Sperry

(Sperry)

H

(

"Academic freedom does not exist where the rigth of tenure is not
inriolate. If comp tent and loyal scholars can be dismissed solely for refusing to sign
a contract to which they are morally opposed, they are otayiously not free to pursue truth wh
wherever it may lead them. The Hegents can claim, and rigthly so, that they i^^no
attempt to influence or interfere with the research and teaching of the faculty. This is
also In essential ingredient of academic freedom* "but the wliole no longer exists if
one r>art is taken away. The I^ ts propose suddenly tA ta3ce aii^y the rigth of some men
to engage in any kind of research or teaching at this university for a reason
totally unrelated to their competence, character, or loyalty. This is not freedom as
it is inaderstood by t e scholar or any believer in dwBOcratic principles of fair play^

modified fron "^t&tement issued by the ^acuity Committee and endorsed by over
fifty Detjns , department '"haimMoi and outstanding scholars on the Berkeley
^ampu£,^^rch 1,1950

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4) the contract erodes the lOOfSlJlKQI and-inoral integrity of .
the faculty ofvthis institution, in tliat it has cocrc
under the threat of econcnical rej-risals, hundre ^ ^ il

men and vomen to ITIgKyjQIXBCiaBfiSfJlK ^pj^ry.ive their conscience
by lending their signature to a contract^ "--^ which +'^^^^

ro'

ap« morally

osed - be it fc?/ fear of loosing their

livelihood orfrom the desire of saving froin disaster
the institution vhich they serve.

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ii mm rj\ hM ••rlou«ly lwpalr#d th« lanr-s i
mutual conl'£4iip^of the R«g#nt» and P|*«|||iil1 Has daa troy ud
th« atiaoaph«r#wr truat, tinderatandla^. 5000 ^IH *^" rrlancui
to whioh wa have baen accuatomad and wiich has contributed In
no aiaall laaaaura to tha jraat achlevanxont'a of thla unlvaralty
and which ara r^ptrdod with anvy by othar unlvoraltles laaa
forttxnata, Tha af facta of thla ara loaa of confidonoo, faar^
oynlolaa w^ 'jla bava alraady raaultad In th© resicnation of aoma
aMM^of t;ha *«5ulty wlio« wa aan 111 afford to loaa wliich will
ba followad by Uhers. Sonia hava ancloaad with thalr lattara
of rasl'^natloi to tha Praalda-t t!ia contractual oath MXy .4ta»d

and n l«#-ln tha bittar baliaf that tha Unlvara

a bit of worthlaaa paparwora than tha nan. Thalr »-.

not aaally bo f Iliad by aalf reapactlng and IrAalWr

^ "'3ai mm, arui wooan* This Im a oataatropha alnoa 1 acraciea

wora llewar in ifraator naad than right mwr of tha vary f inaat

and fraaat tttoda In tl*r ^mlvoraitlaa which havo a aolasan ob-

licatlon to a froa aoclaty.

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l^aS^r-vJJ °v!^ *i'* *°'"''ho loo"^ to u. for 8ti.ueth. courage and
iv?!J ^^•^^^!" ^^ *»^e«r thet the national IntrS.pectlon In
whl3h we are frantlaally eriKaij^d In our aearoh for communlat in.
filtration may dl«.l,ate ou?;S^^^^^l^^.//^,ao tho Uae S 'ulSuon
to the prea^^In, roblem whio Is ho-^ to YiU iHiiiilMUiArkill

aourln^ the mountain. Force vlli hot aonouer U idea*. They oan
JJjf/^J^Hr"*''' '^' ^'"*'" ^"'•^•^^'"^"^^l'' P?l««t^.le8 win JJeTall

If we oan demonstrate their Talldlty in our country*La In other
oountilea where they are eetablL^hed .

The last--.and in-my own mind the strongest-^ob jection^ to the contract in
its present fom is based upon a consideration which goes far beyond the question
of the welfare of this University alone. The nation is engaged in a "cold war-

^ l^f°""^ u ^^uxP"*®""- '^^® Primaiy tactical resources for the insurance

of success in such a fight are: confidence; coolness and clarity of iudanent- and an
unshakable collective stability of nerves. 'snEe-^i rHJepH^-lfThrraiglf^ "
tne strategical position of the countiyTras been weakened by the action of an ever-
expanding web of doubt, suspicion, and cynicism, which envelops every individual and
wMoh"?!j^*^u rr ^\^ nation's most outstanding leaders and citizens. The contract
which l-*m asked to sign is based upon this sane principle of distrust and fear.
While it cannot accomplish what it promises, namely, to protect the University from
the subversive (who will set his signature on any sheet of paper), the contract Ss
done tremendous ham to the entire body of this institution, by shatteri^ the self-
respect and moral strength of its faculty, and by splitting it into disunited groups
of conscience-ridden and worried men and women.

dPtT.i™«nJ^® ^«"*J[*''* 1*^^' ^^ ?? "'^"^' *®"^^ ^° strengthen a trend which I consider
detrimental to the welfare of the country. It furthers rather than checks erosion
of the foundation of mutual faith and trust on which the structure of our wt^e
democracy stands. "iwxo

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.#ei|Uir%hen tha toru I» us«d to coT«r

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l»*ve « smear which will never be errediemted. '

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.^IfyMpf tliat ip^^ rMuions af iiAtioMil •Murltr have played
but a anall pmrt in tha motlvoa which lie bahlnd it fojsmulation^
Tha Ragantft do not have to be aaaurad that wa ara Qfit C'^ — '^-^j^lV^
Thay maw It alroady. But It .te important for th# faoj^xa 0?^^fciN
tha Stata of Calif oimia t^ bo on the alart to watoh for othar
aotlTaat Thay hava aaan how the ptf^lio sohoola hava auf farad
tmdjaiLJDallt ia al^ tot a r-f aranoa^ 3ut fe :Jnivar»ity can not aurviva

-- JaproFactaBTTrSr^qlltioal, prasau^ ^attti thia

tho Raffanta ara bo ind by tha j|ta^a Cotiaitutian to do ao far
aa it la in thoir x>omBT^ ' ^r

I; havM^^'l'.:- Juki ? - 11 part In
9 formula'tlair^^** '-^e -^^ecents Iodoa
1-^ .impoxJ^nT-tj^x the peOpl<j,.-*rr the
Jt'<0 beln^ u^a4 foi paTitlcal
c dtsLa hvve s^f^ lijr >ol-

atfi^preasjiJ^f^ thirajf theX
^onatiJt«*t'ion to'^to 30 f« aa ■

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>f tenure aa Provost nLtLhi^Sr ?° Individuals ass^a'-

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of tti« Tlhivorslt^ dt hfiNM and abroad to roqulro a davotad
IP group of public^ genraiita to ^ub^^crlba to a hunlliatl . atatu ^t
not raqulrod of aiiv othar auoh gioyji^ liar by any other leading
Unlvaralty and ao by ita L'apllcatlon oJf dlshoiaatj and disloyalty.
I *dch aalf- raa|.>aoting Mm and vomn rightfully raaant. Croatia^ ii
\ f|Windl^j|» f u» D Ic Ion In tho ali^ of tha public upon abcNia silSort
lM.«M^KIAte^dapandft^3 It la tl^^ duty of airary aa»bar of tha

lily tT:m the Ragant« down to tha «oat obscvira ^

►t only not to contrlbuta to suapicion willfully or!
oarelaaaly, ^ut to attmpt to allay It irtiaravor It la anoountaWd.
i^ny othar co rse is disloyalty to the 'Tntvaralty.

studant

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^totalitarlaa In apirlu f^ld vioiac«c» t^iio >. .i
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ca >r thought ♦ But tka H of distant by^«

ndn-^':>naplrltorlal mA»irl|j without f#(ar of

pri.-i.cTpTi5i,

rata
lav«abid

intLaldatlon^ rataliation^ or llq lidftti^^il co'>atttutas tha aaMnca

of fti->cracy. Wa ara In ** ilfa and a#ath atr-ar'^la to pv^%mT^ J<
% «(# mist tak# aaira tb^t In ttiat a*r— '!« mm do not%*r

ly iii4f Taiy aad^noa^ If tha foroaa o*t«l damooraoy

can fr^ *:an ua into diae«^ "*-- '^ur tradlt|anfll iraa^onui and con

clr< riba our intalla ai. puraultfl thay wave alras4y won

half tha battla^ Tha raat will follow.

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finally w« •xpr.aii our fc-r titud. to t. e - ers of the Board
of x^^.nt. who haTe had the Intellieer. id lone" Tl^'w to ae* the

_ '?Jil°^- '^^ ^-^-^^ 6numerate4i*b0Te who have .cura««oirtly

r!^''*'^^*?* ^\\l^*^ **' c«««l4er*M« pereonel aacriflef. b

reapect aW trust those who tere foe, r.t for the saa*^frlMiDl

«!??,'•' *^*f* 'i-*' ''°*^^ "'** -^'^ lefuaed to ^i^n the contrJt
until recently. For aoae tiiere is no rleht way. there Is onir.
*e deflore a altaation In *>.1c^ forcee one tc the suffer iul loh
aecoT.panlea any Tlolatlon cf ooirtclence.He know that t^ey wfll
nerer .-ire xlo the fi.vt tc ^...:7t-^. — eetull freedom.

n

est ifeapiratlon oTall haa come froa thbae dohot

who haTe 3mfti»r^ -mapeakanly «« the hands o- totallKjdaa .orern-
mants aad^wto u^,.^ at last attained peac ad security^ in
throji^-^told tribulations * ^^Ith na

thtr country and =t 'hia unireralt. /et wiUln^ to riaf^
»4P'tw tr-e 1083 Hc^An of position .. jmio security, and

^ S.4, 4^ /^lAftfmtf thiuk to recall tht words

. se «or48 £ie • • tns*

ooabat It*"

were spoker..

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In an as yet rathar obaoiira naaa axaeution» so pc^ ular
and so typical of religious and ideological warfare^
157 anonymous *eBiployeee"^,all of th«i preaui&ably non»Coamml8ta»
because otherwise they would hare been adequately pilloriedt h&Te
been '^liquidated** by a firing equad* j!h9j for&ed and hers d^oeurre
of "snail fry* whose eeeneaict aoade&ict and legal position was too
unin: ortant and too weak to offer sueoessful resistance* llie hot
potatOt 62 profesBors» has been spared for dinner on July 21 b.i> the
true piece de resistancf>

^•«v »<. the great liberal^ llieedor .ieMssen» %rith the histo-
an*s wisdoa and insight into hui^an affairs and public relations
Idt "It is far easier to dethrone a Babiaet .J.ni8ter than it is to

I-

But a£
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said
dissdss a full professor*"

A poli^ which starts from a hinnmly false fiinttsnsntrl pre-
sdse r**ign or be fired") is dooned a priori* It ie a bundling over
the cuost elesientary rules in the primer of etatessMnshif toplloe men
before an inrpossible £.lternatiTe with no %iay out* because suoh action
unfailingly hits back* Lnlees the Regente chooee i» the laet cinute t
eliminate the off ensiTS passages from the contract for the new aoa^
dmsic year* they hare Jeopardised their freedoxL of action» becauee
now they thesiselTes are faced vrith an imq^ossible alternatiTe* ^hat-
erer they bxe goinr to de is bound to be wrong and a glaring defeat
of their inflexible policy* If they do not diadss the 62 faculty
icecberet there m.y be 620 non» signers the next time^ as tegent i^^hr*
mbjk hae pointed out quite correctly . If » on the other hand^ the .weients
de fire the diesentersp they will wreck the Lnirersity and witness
am unpiir aliened exedms of scholijrs» not to xLention that thie new
mass execution will be spiced by quite a pleasant bud eensational
court action, ^jid all thaty in order to "sare face"» and what a facei
Yirat faciee rogontium* pmreat uniTorsitaoi

A prominent i^erkeley prof eesory until iJBy 15 among the non«
signerst has recently reoeirod an honorary degree from an .^Aetern
College not only for his sclentifie aciieremtntSt but also "for his
rigorous stand in defense of academic freodcsi** on the ^erksley cssk
pus* If the Regents continue to "sare face", it will soon be decaod
an honor in a schol&r*s record to liare been fired under the present
regime froxL the unirer&ity cf Calif crnia«

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Theodor I/iommsen, with the great historian's wisdom
and insight into huraan affairs and public relations,
gives some clue also in the present situati.on. "It proves
easier," wrote he, "to dethrone a Cabinet-i inister than
to dismiss a full professor."

n an as yet rather obscure mass execution, so pop
iwadavs and so typical of religious and ideologica

pu-
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lar nowadays ana so typ
warfare, 157 anonymous "employees," all of the^vipresumably
non-Corn :iunists because otherwise they wouLd have been
adequatelly pilloried, have been "liquidated" oy a f'ring
squad. They f or-.ed an hors d'oeuvre of "small fry" whose
economAo, academic, and le^al position was too unimportant
and too weak to offer successful resistance. The hot
potato, 62 professors, has been spared for dinner on

July 21 as the true piece de resistance.

A policy ¥/hich starts from a humanly false fundam-
ental premise ("sign or be fired") is doomed a priori.
Tt is a bungling against the most elementary rules in the
prymer of statesmanship to ^ry to place men before an
impossible alternative with no way out because such action
unfailingly hits back, as experie..ce sfeows. Unless the
Regents chose in the last minute to rescind the oath for
the new academic year, they have jeopardized their freedom
of action because now they themselves are placed before *
an impossible alternative. ./hatever they are going to do
is bound to be wrong and a glaring defeat of their un-
flexible policy. If they do not dismiss the 62 faculty

members, there

may

be 620 non-signers the next time, as

Regent Ehrman has pointed out quite correctly. If, how-
ever, the Regents do fire the dissenters, they will have
wrecked the University and experience an une>:ampled
exod -s of scholars, not to mention that this new mass
execution will be spiced by quite a pleasant and sensat-
ional court action. And all that in order to "save
face," and what a face! Vivat facies re-Pentium, pereat
universitas!

A -prominent Berkeley professor, until Llay 15 among
the non-signers, has recently received an honorary degree
from an eastern College not only for his scieritific
achievements but also "for his vigorous stand in defense
of academic freedom" on the Berkeley' campus. If the
Regents continue to "save face," it will soon be deemed
an honor in a scholar's record to have ^een xired xrom
the University of California under the present conditions.

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UNIVERSITY OF CALIFORNIA

ffiETING OF TI^E NORT^IERN SECTION OF THE ACADEJi^C SENATE
Tuesday, June lli, 1914-9 at UtIO p,m«
Room 11, Benjamin Ida 1/^/heeler Hall

This meeting is scheduled in pursuance of a resolution adopted
by the Section at its meeting on June 7 providing for adjournment of that
meeting to the time stated above, for consideration of the following
special orders:

follows :

1» A resolution offered by Professor !• B» Simpson, as

It is the sense of the Academic Senate, Northern
Section, that legislation actual or proposed, affecting
the academic freedom of members of the Senate, falls
within the province of the Committee on Privilege and
Tenure, and that it is the duty of that Committee to
study such legislation and report its findings to the
Senate.

2» A resolution to be offered by Professor E. C» Tolman
respecting the oath of allegiance that must be taken by all employees of
the University. (See Faculty Bulletin, May 19h9^)

THOIv'IAS B. STEEL, Secretary
Academic Senate, Northern Section

Berkeley, June 8, 19U9

(120a-6,tli9)

{

STUDENT LOBBY AGAINST THE TENNEY BILLS

BERKELEY, CALIFORNIA
June 6, 19i^9

Dear Sir,

On Monday, ths 23rd of Llay, 12? students from th« University of California
sat in the State Senate Gallery and saw Tenney Bi?! (S.B.) 130 pass, with scant
debate and only four dissenting votes. As students, v/e were frightened by the
passivity of the maiority of the senators toward a bill which distorts the
fundamental aim of education. Hearing Senator Tenney's attacks on education
gave real meaning to Assemblyman Vornon Kilpatrick's statement: "The Tenney
bills, if enacted, would go a long way in the creation of a police state like
unto the Hitler regime in Germany."

Six of the eleven Tenney bills have passed the Senate, and are to be acted
upon in the Assembly during the next three weeks. In our contacts with forty
assemblymen, we found thirteen opposed and the rest either non-comrrital or in
favor of the bills. Many legislators told us that they were anxious to hear
from their constituents, especially educators, and that their decisions would
be d(fitcrmined by these expressed opinions.

The San Francisco Board of Education, President Eisenhower of Columbia
University, President Hutchins of the TTniversity of Chicago, and numerous others
have voiced their opposition to legislative attempts to curtail objective
teach5.ng. The immediate need is to focus opposition by educators on our State

Assem.bly, ,

IM Tenney Bills can be defeated. The votes of the majority of the
assemblym.en will be strongly influenced by the response of their constituents.
For this reason, the undersigned students are sending this let+ cr to 1,000
University of California faculty members. We urge you, as a citizen with a
particular stake in academic freedom, to virite your assemblyman today, and ask
vour associates to do likewise.

Sincerely yours,

MEI'.!BEIIS OF THE STT.^DENT LOBBY

Stew Bryant
Jack Cook
Bob Drake
Jim Goodwin

Sid

Roberta Hirsch
Nola Hanson
Leon Litwak
Bob Spencer
Topal

\

End: Copy Tenney Bill (S.B.) 130

I

SENATE BILL 130 - As Amended and passed by the State Senate

\ i

ENTITLED

i^

An act to add Section S275 to Education Code, relating to teaching of
un-American systems of government upon any property belonging to any
agencies included in the ptiblic school system.

SECTION I: Section 8275 is added to the Education Code to read:

8275. No teacher giving instruction in any vschool, or

on any property belonging to any agencies included
in the public school system, shall advocate or
teach Communism, Nazism, or Fascism with the in-
tent to indoctrinate any pupil with, or inculcate
a preference in the mind of any pupil for.
Communism, Nazism, or Fascism,

The Legislature in prohibiting the advocation or
teaching of Communism, Nazism, or Fascism with the
intent to indoctrinate any pupil v/ith or inculcate
a preference in the mind of any pupil for, such
doctrines does not intend to prevent the teaching
of the facts of any of the above subjects but in-
tends to prevent the advocation of an inculcation
and indoctrination into Communism, Nazism, or
Fascism as is hereinafter defined, for the purpose
of undermining the patriotism for, and the belief
in, the government of the United States and of this
State in the minds of the pupils in the public
school system.

For the purposes of this section. Communism is a
political theory that the presently existing form
of government of the United States or of this
State should be changed, by force, violence, or
other unconstitutional means, to a totalitarian
dictatorship which is based on the principles of
Communism as expounded by Marx, Lenin, and Stalin.

For the purposes of this section. Fascism, is a
political theory of the absolute sovereignty of the
state whicji is organized in the corporate form and
of the duty of citizens to render blind obedience
to its commands under the leadership of an elite;
wherein the state controls all the affairs of the
nation, including the industrial, commercial and
personal affairs of its citizens and in particular
as was created in Italy and copied in Germany.

For the purposes of this section, Nazism is a
political theory that embodies the doctrines of
Fascism as above defined and that embodies a belief
in a master race to the ultimate enslavement of all
other peoples of the world.

After a hearing before the appropriate school
disciplinary body, a teacher found guilty of vio-
lating this section may be dismissed pursuant to
the procedure in Article 2, Chapter II, of Division
7.

\

I

UNIVERSITY OF CALIFORNIA

Jfacultj) jBulletin

VOL. 19, NO. 1

BERKELEY, CALIFORNIA

JULY, 1949

REGENTS' MEETING

The Regents of the University of California held
their regular monthly meeting at 2 p.m. Friday,
June 24, on the Los Angeles campus.

Reafl&rming the position of the University on the
subject of Communism, the following statement
was issued by the Secretary of the Regents on be-
half of the Regents, the President of the University,
and the Advisory Committees of the Northern and
Southern Sections of the Academic Senate:

"At its birth the University of California was
dedicated to the search for truth and its full ex-
position.

"The primary obligation of The Regents of the
University of California has been to stand stead-
fastly for that freedom of the human mind and
spirit which has enabled the assemblage of dis-
tinguished scholars constituting the faculty to con-
tinue to pursue these objectives.

"The Regents gladly share with the faculty the
responsibility to keep the University free from
those who would destroy this freedom.

LIBRARY SCHEDULES

Davis— Summer schedule of Library hours,
July 11 through September 10, will be 8 a.m.
to 5 p.m. and 7 to 10 p.m., Mondays through
Thursdays; 8 a.m. to 5 p.m., Fridays; 9 a.m.
to noon, Saturdays.

Santa Barbara— Summer schedule of Li-
brary hours will be: Riviera campus— 7:45
a.m. to 5 p.m. and 7 to 9 p.m., Mondays
through Thursdays; 7:45 a.m. to 5 p.m.,
Fridays; 9 a.m. to noon, Saturdays. Mesa
campus— 8 a.m. to 5 p.m., Mondays through
Fridays.

"Today this freedom is menaced on a world-
wide basis by the Communist Party through its
determination by fraud, or otherwise, to establish
control by the state over the thoughts and expres-
sion of thoughts by the individual.

"Therefore, the Regents reaffirm their declara-
tion of policy adopted in 1940 that membership
in the Communist Party is incompatible with ob-
jective teaching and with search for the tiuth.

"Pursuant to this policy the Regents direct that
no member of the Communist Party shall be em-
ployed by the University.

"Any person who is or shall become a member
of the Communist Party or otherwise undertakes
obligations or advocates doctrines inconsistent
with this policy shall, after the facts have been
established by the University administration and
after the traditional consultation with the Com-
mittee on Privileges and Tenure of the Academic
Senate in cases of members of the faculty, be
deemed to have severed his connection with the
University."

To implement the above-stated policy, the
Regents directed that the following oath be sub-
scribed to by all members of the faculty, employees
and administration of the Universitv:

"I do solemnly swear (or affirm) that I will
support the Constitution of the United States and
the Constitution of the State of California, and that
I will faithfully discharge the duties of my office
according to the best of my ability— that I am not
a member of the Communist Party or under any
oath or a party to any agreement or under any
commitment that is in conflict with my obligations
under this oath."

A contract for the construction of the Kerckhoff
Hall service road and the Engineering Building
mechanical and electrical utilities on the Los An-

9J

[1]

CG

ZOI/ACHCirCVM H 3 HW

{

UNIVERSITY OF CALIFORNIA

UNIVERSITY OF CALIFORNIA

iacultpullctin

Published each month by the University of California
following the regular meeting of the Board of Regents.

Maynard Morris, Editor, 101 Administration Building

geles campus was awarded to Frank T. Hickey,
Inc., on low bid of $76,888.

C. Roderick Spencer and John James Landon
were appointed executive architects for the Los
Angeles campus heating plant.

Construction of a police kiosk on a traffic island
east of the old bridge and southwest of the Business
Administration Building and of an A.S.U.C.L.A.
refreshment stand north of Royce Hall and the
Chemistry Building were authorized on the Los
Angeles campus.

The sum of $125,000 was allocated to match
funds collected by students and alumni for the
construction of a Student Union on the Davis
campus.

The Regents adjourned out of respect for the
memory of Regent A. P. Giannini, a member of
the board for 15 years and generous benefactor
of the University.

The Regents also acted on the following recom-
mendations of President Sproul:

Resignations:

Alfred Wallace Bone, Jr., Assistant Agricultur-
ist, Agricultural Extension, effective June 1, 1949,
personal.

Rinaldo J. Gotelli, Assistant Agriculturist, Agri-
cultural Extension, effective June 26, 1949, to ac-
cept another position.

Henry M. Weyrauch, Assistant Clinical Profes-
sor of Urology, San Francisco, effective June 30,
1949, to accept another position.

Appointments:

Oscar L. Myers, Associate Professor of Military
Science and Tactics, Berkeley, effective April 30,

1949.

Clarence E. Palmer, Associate Professor in the
Institute of Geophysics, Los Angeles, effective
April 22, 1949.

Changes in Status:

Woodbridge Bingham, Associate Professor of
Far Eastern History, Berkeley; additional ap-
pointment as Director, Institute of East Asiatic
Studies, effective May 13, 1949.

Leaves of Absence:

Frederick C. Leonard, Professor of Astronomy,
Los Angeles, March 14 to June 30, 1949, illness.

Edward S. Rogers, Professor of Public Health
and Medical Administration, and Dean of the
School of Public Health, Berkeley, effective June
11 to July 18, 1949, to be delegate to Second World
Health Assembly.

Miriam E. Simpson, Professor of Anatomy, San
Francisco, effective June 20 to September 8, 1949,
to lecture at Hospital Laennec, Paris.

Deaths:

President Sproul reported, with regret, the
deaths of Samuel T. Farquhar, Manager of the
University Press, Berkeley, May 22, 1949, in
Princeton, New Jersey; and William D. Stancil,
Clinical Instructor in Psychiatry, San Francisco,
June 2, 1949.

Gifts:

Gifts and pledges totaling $274,953.83 were
accepted. Gifts of $213,853.83 were allocated:
$9,354 to Agriculture; $130,965 to Berkeley;
$9,280 to Los Angeles; $64,954.83 to San Fran-
cisco; $300 to Santa Barbara. Pledges of $60,100
were allocated: $48,400 to Berkeley; $11,200 to
Los Angeles; $500 to San Francisco.

SAFETY INFORMATION BULLETINS

A SERIES of numbered Safety Information Bulle-
tins is being published to all campuses by the
Safety Division, Comptroller's Office, 311 Adminis-
tration Building, Berkeley, as part of the Univer-
sity safety program. Four have already been

issued under dates of February 7, May 1, June 7
and 30, 1949.

Distribution is made to all heads of departments
and administrative officers, with some additions.
Because cost limits distribution, it is hoped that

I

I I

THE FACULTY BULLETIN

3

recipients will, in turn, give the information
covered in these bulletins the widest appropriate
local dissemination within their jurisdictions.

Bulletins include items of general and special
interest, also announcements, pertaining to the
safety program. In line with the recently adopted

University policy of self-insurance against fire,
fire prevention information is stressed. However,
accident prevention in laboratories, shops, hous-
ing, etc., is also emphasized.

Format permits binding in the common type of
manila folder for ease in reference.

MEETINGS OF THE ACADEMIC SENATE

Northern Section

The Northern Section of the Academic Senate
met on Tuesday, June 7, 1949, at 4:10 p.m. in the
Faculty Room, 312 Benjamin Ide Wheeler Hall,
with about 200 voting members present. Professor
S. Daggett, Vice-Chairman, presided. The minutes
of the meeting of April 18, 1949, were read and
approved.

Professor J. H. Hildebrand was duly elected
Vice-Chairman of the Northern Section of the Aca-
demic Senate, 1949-50, and the report of the Com-
mittee on Elections, as distributed with the call for
the meeting, was received and placed on file.

Annual, Routine and Progress Reports of Com-
mittees were received and placed on file as follows:
(1) Budget and Interdepartmental Relations; (2)
Editorial. In addition to presenting the report, the
Chairman of the Committee, Professor T. D. Mc-
Cown, made a brief statement in appreciation of
the services rendered to the University by the late
Mr. Samuel T. Farquhar, Manager of the Univer-
sity Press. (3) Library; (4) Board of Research;
(5) Educational Policy; (6) Advisory; (7) Spe-
cial Committee on Reorganization.

Action on other committee reports as distributed
with the call for the meeting, was as follows: (1)
Two Reports of the Committee on Committees-
Appointments to standing committees, 1949-50,
confirmed and list of supplementary appointments
for 1948^9 accepted and placed on file. (2) Spe-
cial Committee on Minimum Scholarship Regula-
tions—The report was returned to the Committee
for further study and report to the Section early in
the next year. (3) School of Business Administra-
tion—The report, amending scholarship regula-
tions of the School, adopted. (4) Graduate
Council— Report containing legislation for the
establishment of the Master of Bioradiology,
adopted. (5) Subject C— Progress report of the
Committee endorsed. (6) Two Reports of the

Board of Admissions and Relations with Schools,
received and ordered placed on file. In addition
the Section approved the following resolution con-
tained in the main report:

Be it resolved that the Northern and Southern

Sections of the Academic Senate accept in

principle and confirm the positions taken and

herewith reported to the Section.

The communication from the Deans of Schools

and Colleges at the Medical Center, as distributed

with the call for the meeting, was received and

placed on file.

Professor L. B. Simpson presented, on behalf of
about 100 members of the Section, a resolution
concerning academic freedom. Thereafter, on
motion duly seconded, and after discussion, the
Northern Section of the Academic Senate ad-
journed to meet at 4:10 p.m. on June 14, 1949,
to consider the following special orders : ( 1 ) Reso-
lution of Professor Simpson concerning academic
freedom; (2) Resolution to be offered by Pro-
fessor Tolman with reference to the proposed oath
of allegiance.

Attest: Thomas B. Steel,

Secretary

The Northern Section of the Academic Senate
met on Tuesday, June 14, 1949, at 4:10 p.m. in the
Auditorium, Benjamin Ide Wheeler Hall, pursuant
to call. Present: about 400 voting members of the
Section. Present also, Mr. G. A. Pettitt, Assistant
to the President, and Mr. Maynard T. Morris,
Manager of the Office of Public Information, in-
vited by the Secretary to assist in dealing with the
public press. President Robert G. Sproul, Chair-
man, presided. The minutes of the meeting of June
7, 1949, were read and approved.

Professor E. C. Tolman read a statement in pro-
test against the form of the oath of allegiance that
the Regents of the University have prescribed for
all faculty and employees as stated in the Faculty

UNIVERSITY OF CALIFORNIA

THE FACULTY BULLETIN

Bulletin, May 1949; and thereafter moved adop-
tion of a resolution pertaining to this subject.

After extended debate, in the course of which
Professor Birge offered a substitute for the original
motion, the Section adopted the following resolu-
tion which was, in effect, a combination of the
original resolution of Professor Tolman, and the
substitute offered by Professor Birge:

RESOLVED that the Academic Senate,
Northern Section, requests the President to
communicate to the Board of Regents the
following:

The members of the Academic Senate, North-
ern Section, although unaware of any conduct
which warrants doubt about their loyalty and
zeal, have no objection to declaring again
their loyalty to the Nation and State of which
they are citizens and their determination to
discharge their duties faithfully.
But the speed with which the new oath is
being imposed, and the form of the second
half of it raise serious questions in our minds
as to a possible conflict with accepted princi-
ples of academic tenure and of academic free-
dom.

We, therefore, request that the second half of
the oath, beginning with the words "That I do
not believe in" and ending with the words
"By any illegal or unconstitutional methods,"
be deleted or revised in a manner mutually
acceptable to the Regents and the members
of the Academic Senate before the signing of
the new oath is required for the obtaining of
1949-50 contracts by members of the faculty
or by other employees of the University; and
further, that the Advisory Committee be in-
structed to consult with the President of the
University with a view to working out such a
solution.
The Secretary, in the absence of Professor L. B.
Simpson, offered the resolution, concerning aca-
demic freedom, presented at the last meeting, and
printed with the notice of this meeting. He reported
that the resolution had been moved and seconded,
and w as therefore before the Section for considera-
tion. After discussion, and on motion duly
seconded, the Section voted to lay the resolution
on the table.
Adjourned.

Attest: Thomas B. Steel,

Secretary

Southern Section

The Southern Section of the Academic Senate
met at 4:00 p.m. Tuesday, May 24, 1949, in Room
134, Chemistry Building, with approximately one
hundred voting members in attendance. Vice-
Chairman G. S. Watkins presided.

The following groups submitted their reports:

Committee on Committees, The Faculty of the
College of Agriculture, Committee on Privilege
and Tenure, Special Committee on Improvement
of Instruction, Committee on the Faculty Research
Lecture, Board of Admissions and Relations with
Schools, Committee on University Welfare, Ad-
visory Committee, Graduate Council for the Year
1948-49, Committee on Research, Library Com-
mittee, Committee on Subject C, Committee on
Rules and Jurisdiction, Committee on Courses of
Instruction, Student Welfare Committee, Commit-
tee on Budget and Interdepartmental Relations,
Committee on Undergraduate Scholarships and
Prizes, Board of Research, Report of the Consulta-
tive Committee on the Establishment of a School
of Nursing on the Los Angeles Campus.

In presenting the Report of the Graduate Coun-
cil for the year 1948-49, V. 0. Knudsen pointed
out that since submitting the Report it appeared
action taken by the Regents two years ago pro-
vided for a master of science degree in Social Wel-
fare. The Senate will be asked to consider the
establishment of a master of arts degree in the
School of Social Welfare.

In connection with the Report of the Committee
on Subject C, H. M. Karr offered the following
resolutions which were taken in the form of a
substitute motion and passed.

"That the Senate endorse the progress report of
the Committee on Subject C.

"That the Committee be instructed to draw up
appropriate legislation.

"That the Committee be further instructed to
prepare a full report on the matter for submission
to the Affiliations Committee and the Junior Con-
ference Committee in the fall of 1949.

"That the final report of the Committee on Sub-
ject C be presented to the Senate after the Minutes
of the two above-named committees are available."

The following resolution of the Report of the
Student Welfare Committee was tabled :

"It is moved (1) that the Provost's Student-
Faculty Committee and the Senate Committee on

I

i

Student Welfare be combined; (2) that the student
portion of the group be appointed annually by the
Provost and include a cochairman and not more
than seven other members; (3) that the faculty
portion of the group be appointed annually by the
Senate and include a cochairman and not more
than seven other members; (4) that the faculty
portion of the group be designated to act inde-
pendently as the Senate Committee on Student
Welfare; and (5) that the entire committee be
known as the Student-Faculty Committee of the
University."

Paragraphs 1, 2, and 3 of the same report were
referred to the Library Committee, and Paragraph
4 was referred to the Committee on Educational
Policy.

The Report of the University Board of Research
was moved to the business of the June 20, 1949,
meeting as a special order.

Attest:

Foster H. Sherwood,

Secretary

The Southern Section of the Academic Senate
met at 4:00 p.m. Monday, June 20, 1949, in Room
29, Physics Building, with approximately two
hundred and fifty voting members in attendance.
Chairman R. G. Sproul presided.

The following groups submitted their reports:

Special Orders: Report of the University Board
of Research, Report of the Committee on Elections,
Report of the Secretary on Nominations.

Annual Reports: Editorial Committee, Commit-
tee on American History and Institutions, Com-
mittee on Subject A, Committee on Educational
Policy.

Standing Committees : Report of the Committee
on Rules and Jurisdiction. Report of the Board of
Admissions and Relations with Schools. Report of
the Special Committee on Retirement. Report of an
Administrative Committee of the Deans. Report
of the Memorial Committee for John Edward
Goodwin.

R. Revelle, Scripps Institution of Oceanography,
moved that the Report of the University Board
of Research be tabled to be made a special order
of business at the next meeting of the Academic

Senate. The motion was seconded and the report
was tabled.

C. Epling was elected Vice-Chairman of the
Academic Senate for 1949-50. R. H. Sorgenfrey
was named as Secretary of the Senate for 1949-50.

In connection with the loyalty oath, C. Epling
presented the resolution passed unanimously by
the Northern Section of the Academic Senate at
their meeting of June 14, 1949. J. H. Hildebrand,
Chairman of the Advisory Committee, Northern
Section, was on this campus and took the floor. He
gave a thorough resume of events leading to the
framing of the resolution. Mr. Epling then moved
acceptance of the resolution with the substitution
of "Southern Section" for "Northern Section" in
the first paragraph. The motion was seconded and
approved.

D. Howard was requested to present the case on
the School of Social Welfare in the Report of the
Committee on Rules and Jurisdiction. Mr. Howard
said the report followed closely the Statutes at
Berkeley on Social Welfare with two exceptions:
(1) Proposed Wording, Paragraph 925; and (2)
Proposed Wording, (F), Paragraph 1188. D. A.
Piatt requested an amendment that the Department
of Philosophy be included in the By-Laws of the
Faculty of the School of Social Welfare. The mo-
tion to accept the report as amended was seconded
and carried.

It was moved, seconded and passed that the
Report of the Special Committee on Retirement
be tabled.

In presenting the Report of an Administrative
Committee of the Deans, P. A. Dodd moved ac-
ceptance of the proposal that Regulation 1350 of
the Academic Senate be amended by adding a new
subsection "C." The motion was seconded and
carried.

L. C. Powell stated that the Library Committee
recommended that honor students be given access
to the stacks of the Library.

In answer to the question, R. G. Sproul advised
that the Board of Regents had voted to destroy the
outdoor theater.

Attest:

Foster H. Sherwood,

Secretary

t

UNIVERSITY OF CALIFORNIA

In £^emortam

JOHN EDWARD GOODWIN

(1876-1948)

JOHN EDWARD GOODWIN was born in East
Middleton, Wisconsin, on October 1, 1876.
He died in Los Angeles November 18, 1948.
Mr. Goodwin completed his undergraduate
studies at the University of Wisconsin in 1900
with the degree of B.L. Five years later he was
awarded the degree of Bachelor of Library Sci-
ence by the New York State Library School. In
the intervening period he had already shown his
interest in what was to become his life work by a
two-year stint as assistant in the Madison Public
Library and the State Legislative Reference Bu-
reau, and by serving as a member of the Wisconsin
Free Library Commission. Immediately after grad-
uation from Library School, he was appointed
Assistant Librarian in the Stanford University
Library, where he remained until 1912. He was
then called to the University of Texas as Univer-
sity Librarian, and served that institution with
distinction until he came to Los Angeles to head
the Library of the Southern Branch of the Uni-
versity of California in 1923.

The job that faced John Goodwin when he set
foot on the Vermont Avenue campus was challeng-
ing. A careful look at the meager facilities on the
one hand, and at the faculty that was rapidly being
brought together on the other, soon convinced
him that it must be quite as urgently the business
of the library to lay the foundations of a collection
that would some day minister to the research
needs of the faculty as to try to meet the day-by-day
requirements of the existent and growing under-
graduate student body. In his first report as Li-
brarian he noted that the Library he had taken
over "is at present conspicuous for its lack of much
of the essential literature in the various fields of
knowledge." The Graduate School lay somewhere
in the indefinite future, but John Goodwin was
never in any doubt that a full program of graduate
study would eventually be realized, perhaps even
sooner than many thought possible. He kept in
close touch with the productive scholars on the
staff through frequent conferences, and for many
years he met with a small and congenial group of
academic colleagues at weekly luncheons. With the

Library Committee he worked out a long-range
program of acquisition and expansion. Out of such
contacts and on the basis of a broad previous ex-
perience, he introduced significant changes. He
saw to it that the outmoded Dewey system of classi-
fication was replaced by that of the Library of
Congress. In close collaboration with a sequence
of Library Committees, he developed a systematic
plan to acquire as a primary obligation, the most
important sets of scientific periodicals and serials
in many fields of knowledge. The interest of the
University Library at Berkeley was enlisted in
setting up machinery to enable the Los Angeles
Library to have a share in the exchange program,
an arrangement by which numerous invaluable
items of foreign literature have been added to our
collection. Then, in 1929 occurred the epochal
move to the Westwood campus. The planning of
the large new library building that we now have
was largely Goodwin's work. What he asked for
and got was a structure that would not only meet
current needs, but that would be capable of ex-
pansion in the days of rapid growth that clearly
lay ahead. Happily, he lived long enough to see
the practical completion of the recently dedicated
east wing, wherein he saw one of his dreams ful-
filled.

John Goodwin was a modest man, a man of few
words, but his natural reserve merely cloaked the
persevering planner and farseeing strategist who
never faltered in his insistence that the heart of
any great university must be its library. He was
a congenial man to work with, as all those who
served on the Library Committee during his regime
would agree. Each year, when it was time for the
Library Committee to make its annual report to
the Academic Senate, he worked loyally and effec-
tively with it to make sure that the University
authorities would not lack enlightenment as to
Library needs. The early requests for an annual
book budget of $75,000 were not honored when
first made, but he lived to see the day when a
$100,000 appropriation was submitted and ac-
cepted, and to see a library of more than 600,000
volumes. The quiet force that lay behind his oft-
reiterated requests for greatly enlarged book pur-
chase funds was aptly illustrated by his statement
made in one of these reports, "I am unwilling to

\

I I

THE FACULTY BULLETIN

adjust myself to the vision of a restricted future for
this institution."

When the time came for Mr. Goodwin to retire
from active duty, in 1944, after a combined total
of nearly forty years of library service, he left his
successor with very few serious problems, beyond
those incident to the overcrowded state of the
Library,— a situation that could not have been cor-
rected under wartime restrictions. Thereafter he
read eagerly the progress reports that emanated
from the new Librarian's office, and he watched
developments with sympathy and keen interest. In
the more than two decades of John Goodwin's ad-
ministration, the Library had been provided with
the solid foundation required for future healthy
growth. It was a worthy contribution for which
the University should ever be grateful.

The unfailing loyalty and devotion of the Li-
brary staff, and the affection shown him through
his long term of office by appreciative faculty col-
leagues, testify to his sterling qualities as a man
and to his achievements as a pioneer builder of our
University Library.

Mr. Goodwin was married twice. His first wife
was Jeannette Boynton Storms, whom he married
in 1904, and who predeceased him by just four
years. His second wife was Fanny Alice Coldron,
whom he married in 1946, and who survives him.

Max S. Dunn

Lawrence Clark Powell

Waldemar Westergaard

JOSEPH HAINES MOORE

1878-1949

Joseph haines moore joined the staff of Lick
Observatory in 1903. He was retired from ac-
tive service a few months before his death,
which occurred on March 15, 1949. For the greater
part of his life he devoted a singularly lucid and
inquiring mind to the service of the University
and the Observatory.

Moore was born in Wilmington, Ohio, on Sep-
tember 7, 1878, the only child of John Haines
Moore and Mary Ann Haines. His parents were
members of the Society of Friends, with long lines
of Quaker ancestry, and Joseph was raised in the
wholesome discipline of that sect; in youth and
manhood he held to its philosophy of conduct, and

he maintained his relations with the Society
throughout his life.

Following his elementary education Moore at-
tended Wilmington College. He took the classical
course, and received the A.B. degree in 1897.
While his studies there did not especially fit him
for the career of scientific research to which he
devoted his later years, he came, happily, in his
senior year, under the inspiring influence of Pro-
fessor W. Bennett, an enthusiastic teacher of
astronomy, from whom he acquired the deep and
lasting interest in that subject, and in the broad
field of science, which characterized him during
the remainder of his life.

The immediate consequence of Moore's collegi-
ate experience was that he entered Johns Hopkins
University with the purpose of studying astronomy
under Simon Newcomb, then the most eminent
astronomer in this country. At the university, how-
ever, he found his preparation for advanced study
in science to have been inadequate, and it was
necessary for him to take two years of under-
graduate work. At Johns Hopkins he came under
the instruction of Newcomb, in astronomy, and of
Rowland, Ames, and R. W. Wood in physics. His
major study was in the latter field, and he received
the degree of Doctor of Philosophy in 1903. He
came at once to Mount Hamilton, and entered
upon his career as an astronomer.

Moore began as assistant to W. W. Campbell in
the measurement, by means of the spectroscope, of
the velocities of the stars in the line of sight. Dr.
Campbell had, a few years before, initiated a large
undertaking in that field, but in the meantime had
been appointed director of the Observatory. The
management of a scientific institution in so iso-
lated a situation as Mount Hamilton demands at-
tention to a multitude of administrative details,
and it was essential that the new assistant take over
as much of the spectroscopic observation as pos-
sible. The work was of a pioneer character, and
the strategic position of stellar radial velocities in
the general astronomical scheme was beginning to
be realized. The environment was one in which the
interests of a young scientist might be expected to
expand, and Moore, profiting by the opportunity
afforded him, became a recognized authority in
that important field of inquiry. The demands upon
Campbell's time continued to grow, culminating in
1923 in his appointment to the presidency of the
University, and Moore was eventually obliged to

UNIVERSITY OF CALIFORNIA

I

assume the major responsibility for the conduct of
the radial-velocity program. The work was com-
pleted in 1928, through the publication by Camp-
bell and Moore of their great catalogue of stellar
radial velocities. The catalogue is accompanied by
a comprehensive discussion of the observations, a
redetermination of the elements of the solar mo-
tion, and provides a very complete history of the
Lick Observatory radial-velocity project. It con-
stitutes the most extensive and homogeneous body
of information relative to the radial velocities of
stars that has appeared.

Among the objects of Moore's particular at-
tention were the spectroscopic binary stars. These
are stars which in the most powerful telescopes ap-
pear single, but which spectroscopic examination
shows to be double. He discovered many of these
interesting objects, and calculated their orbits. The
field is an important one, and touches many other
areas of astronomical knowledge; it requires close
discrimination in the interpretation of observa-
tions, and in it Moore was preeminent. The cir-
cumstances of Moore's work brought him into
contact with problems of a widely varied character,
in the development of which he actively partici-
pated, and which in turn contributed to the breadth
of his scientific outlook. He never developed the
channeled interest of a close specialist.

From his early position as assistant, Moore
passed through the regular grades to that of
astronomer. In 1936 he became assistant director
of the Lick Observatory, and in 1942, director. He
served on five of the observatory's eclipse expedi-
tions to various parts of the world, and was in
direct charge of two of them. He was acting
astronomer in charge of the observatory's southern
station, at Santiago, Chile, from 1909 to 1913.
Beginning in 1944 he suffered some distress caused
by the altitude of the observatory, and on Novem-
ber 30, 1945, following the advice of his physician,

he relinquished the office of director, and was
transferred to Berkeley. There he gave instruction
in the University and engaged in research until his
retirement on September 6, 1948. While in Berke-
ley he enjoyed apparently normal health. On the
morning of March 15 he died during sleep. He was
a member of the principal learned societies within
the fields of his interest, and of the National
Academy of Sciences.

To astronomers in many lands Joseph Moore is
known as the source of a great amount of depend-
able information that they require in their own re-
searches. His colleagues remember him as an able
and resourceful observer, and above all as a warm
and loyal friend. Perhaps the students and younger
members of the staff found themselves more in his
debt than any of the other participants in the ob-
servatory life. These young people came to him for
advice on likely subjects for research, and he gave
unstintingly of ideas that he might have used to his
own professional advantage had he not been bur-
dened with routine work. Through suggestion,
guidance and actual physical help, he set students
upon careers that have brought credit to the Uni-
versity of California and to the Lick Observatory.

On June 12, 1907, Dr. Moore was married to
Miss Fredrica Chase, of Payette, Idaho, a graduate
of Vassar College, who had come to the Lick Ob-
servatory as an astronomical assistant in 1905.
Their association was an ideal one, and brought
happiness to the observatory community as well as
to themselves. They had two daughters: Mary
Kathryn (Mrs. H. Vern Gates) and Margaret
Elizabeth (Mrs. Vinton S. Matthews). Dr. Moore
is survived by Mrs. Moore, their two daughters

and five grandchildren. ^^ ^ .

R. G. AlTKEN

C. D. Shane
R. J. Trumpler
W. H. Wright

i

t

UNKERSITY OF CALIFOH.NIA

Academic Senate

Berkeley

To Members of the Acadenic Senate, Northern Section:

We think it v/ise to report to you in this manner concerning the
events following the meeting of the rorthern Section on J^xne II4, 19h9* It
would be proper, during the re:'ular sessions of tlie University, for such a
report to be made at a meeting of the Northern Section of the" Senate, but a
meeting during vacation periods has alvi^ays been regarded as unfair to the
many memb'-rs who are absent from Berkeley during those times.

Following the m.eeting on June ll, the mem.bers of the Advisory Com-
mittee received many constr.ictive sngrestions, both oral and written, from
members of the Senate, Professors Ler.r.an and Hildebrand (Pr-fessor Tfalker,
the third member of the Committee, left for the East after sending a communi-
cation regarding the opinions on the Davis Campus) outlined a report and con-
ferred with the President of the University. At this conference we urged
upon the President the importance of a formal statement that all normal in-
tramural procedures vrith respect to privilege and tenure vrill be anplied to
any case aidsing out of the matters at issue. Second, we strongly urged the
separation of the oath from the ^contract letters except, possibly, in the case
of initial appointments. Third, we urgea that the oath, once taken, should
be r- -■ as havir^g continuing binding force. On June I8 we submitted to

the President the following written report:

TO PPi3ID£i:T HCBEHT G. SFROUL FHOli TIE ADVISORY COMITTEE, NORTHERN SECTION

The Northern Section of the Academic Senate, on June II4, 19h9,
adopted the following resolution:

RESOUv^ED that tne Academic Senate, ::orthern Section, requests
the President to communicate to the Board of Regents the fol-
lowing •

The Tiembers of the Academic Senate, Northern Section, although
unaware of any conduct which warrants doubt about their loyalty
and zeal, have no objection to declaring again their loyalty
to the Nation and State of which they are citizens and their
determination to discharge their duties faithfully.

But the speed with whiich the new oath is being imposed, and the
form of the second half of it raise serious questions in our
minds as to a possible conflict with accepted principles of
academic tenure and of academic freedom.

l^e, therefore, request that the second half of the oath, begin-
ning with the words ''That I do not believe in" and ending with
the words "By any illegal or unconstitutional methods,'* be de-
leted or revised in a manner mutually acceptable tc the Regents
and the members of the Academic Senate before the signing of the
new oath is required for the obtaining of 1919-5^0 contracts by

- 2 -

members of the faculty or by other employees of the Univer-
sity; and further, that the Advisory Committee be instructed
to consult with the President of the University with a view to
working out such a solution^

Pursuant to this resolution and in the lif^ht of the discussion vrhich
preceded its adoption and of numerous suggestions received from individual
members of the Faculty, the Advisor^?^ Committee of the Nort^ierr; Section respect-
fully submits on behalf of the Korthem Section, the following comments and
suggestions:

Te assume at tne outset that 0: ' - "list commitment.s and aff ilia: ions
are inconsistent with that freedom of mina which is indispensable to the
scholar, scientist and teacher.

The questions which are here raised are-, first, the question of the
legality of any oath beyond the oath prescribed in the Constitution of the
State of California, Article JCX, Section 3, and, second, the question of the
intent and content of the proposed oath beyond that constitutionally pre-
scribed.

I. LE3AITTY

Txhe Constitution of the State of California, Article XX, Section 3,
reaas as follows: •ttenbers of the Legislature, and all officers, executive
and iudicial, except such inferior officers as may be by Im exempted, shall,
before tney enter upon the duties of their respective offices, take and sub-
scribe the following oath or affirmation* 'I do solemnly swear (or affirm,
as the case may be,) that I will support tne Constitution of the United States
and the Constitution of thie State of California, and that I will faithfully
discharge the duties of the office of •»••••*••, according to the best of my
ability.' And no other oatii, declaration, or test, snail be required as a
qualification for any office or public trust.*'

Further, the Constitution of thie State of California, Article IX,
Section 9, designates the University of California as a public trust, in the
following words: "The University of California shall constitute a public
trust, to be administered by the existing corporation known as •the Fiegents
of the University of California,' with full powers of organization and gcvem-
me^nt, subject only to such ler:islative control as may l^ necessary to insure
compliance with the terms of the er nents of the university and the security
of its funds."

These constitutional Drovisions appear to be prescriptive within
the spirit of the Act to Create and Organize the Uhi\^rsity of California,
passed March, 1565, (Statutes of TalifrTTiia 1667-1666, Chapter 2hh, Section
11) which provided that no empToyee of the University shall be required to
take

any

pecial oath of office.

We raise further the question whether the threat of diMdssal in-
volved in requiring an oath going beyond the form required of other state
officers as a condition for payment cf next month's salary does not constitute
duress which would legally invalidate the oath.

It would aiTpear also that the requirement of an oath duly notar-
ized implies that the University proposes to proceed .against a member of the
faculty accused of violating the oath by charges of perjury in the courts
rather than by the regular intramural procedures •

II. Il^^TEKT ak:D CU]\

-i'rr\. i-i.Trr

'^1 i\'

-rr

3 THAT

CONSTITUTIONALLY T

So far as the Advisory Committee is aware, there is no member of
tiie faculty who cannot, in all 5^ood conscience, take an oath of loyalty to
the Constitution of the United 3tates and the Constitution of the State of
California, The criticisms that have t)een voiced before the Academic Senate
and to the Advisorr^ Committee have been concerned, rather, with (1) the cir-
cumstances surrounding the action of the ~ nts, (2) the ambiguity of the
second part of the oath, and (3) its relative futility as a means of dis-
closing or combatting Communism, '7c refer to these in order:

(1) The criticisms of the circumstances are expressed in the
statement by Professor R. T. Birge, hereto attached. ^.7e^ do not dwell upon
them because we realize the problems of public relations faced by the Regents
and the President. ^7e believe that it is not too late to restore the mutual
confidence between Regents, Administration and Faculty, to which Professor
Birge refers, and which has been a main factor in achieving the rresent dis-
tinction of the University.

(2) The ambiguities which vre see in the oath arise principally
from the words »^elieve," "support" and "teach." One may ^believe" that the
stock market will rise, one may "believe" in "germs," or one may "believe"
in Allah. Members of the faculty object to such statements as «I do not
beliex'-e in .... any •... organisation that believes in ..." They ask, can

a man believe in an organization; can an organization believe in something?
If so, how does one tell what it believes in? "I'Vhrt, for example, do the
Republican and Democratic parties believe in? These are not mere quibbles
to men subject to ttie penalties of perjury i '■__. decides, and how, what
memberships in what organizations would make a member of the faculty liable
for -nerjury if he vrere to take the oath ar -proposed?

ivgaxn, v;na-L ccnE^u.oULeE "support"? Does a - ••' er of, say, the
Civil Liberties Union "suT^port" an organization which -tne Union defends from
illegal treatment?

The word neach" is predicated, for example, of both algebra and

conduct. ExiDlaining Marxism to students is "teaching'' in the former sense,

but what guarantee would a professor have that it would not be interpreted
in the latter sense?

(3) The purpose oi tne oath appears to be to detect Communists
among the faculty. Members of the faculty cannot see that it would ser^^e
the purpose, for there appears to be amr-le evidence that Communists do not
hesitate to perjure themselves.

- ll -

III> POSSIBLE EFFECTS

There are loyril, respected and distinguished members of the faculty
who hive announced that they will not swear to the second part of the oath
as it now stands. Others have stated that they would sign but would immediate-
ly look for other positions. These are no idle threats. To lose able, loyal
and conscientious men for such a cause would constitute a terrible blow to
the distinction of the University.

V/e believe it will not be difficult to make plain to the people of
California the fundamental loyalty of the members of the facultj?" without re-
course to devices which are probably illegal and certainly destructive of
morale and injurious to the University •

IV. PROPOSED SOLUTIONS

^* "^^^^ oath prescribed in Article ^, Section 3, plus a statement
of poll cy which members of the faculty could either approve or acquiesce in.
In the judgment of the Advisory Committee, a statement to the following effect
would serve. "It is the nolicy of the University not to employ nor to retain
in its service any person whose commitments or obligations conflict with the
free pursuit of knov;ledge or with the American system of free representative
government. Any person who is or who shall become a member of the Communist
party, or v/ho o the Tvrl.se advocates doctrines or undert aires obligations incon-
sistent vdth this policy shall, after the facts have been established by
the University Administration and upon advice of the Committee on Privilege
and Tenure of the Academic Senate, be deemed to have severed his connections
with the University." A strong argument for the proposal made here is that
it not only defines clearly the policy of the Uhiversit^^ but sets up a
practical procedure for enforcing it.

B. Should the public relations of the University mal^re an amplifica-
tion of the oath prescribed in Article XX, Section 3, indispensable, and
should such an amplification be legal, it is the opinion of the Advisory
Committee that a second clause in the oath in the following! form would be
almost universally acceptable. '*.........•; that I am not under any oath,

nor a party to any agreement, nor as a member of any party or organization
am I under any commitment, that is in conflict with my obligations under
this oath.^*

Respectfully submitted.

B. K. Lehman

J. K. Hildebrand

H. 3. :Valker (absent)

On June 20, upon invitation of Professor Carl Epling, Vice-
Chairman elect of the Southern Section, the chairman went to Los Angeles where
he conferred v:ith the Advisory Committee of the Southern Section and later,
by invitation, addressed the Section. He read in full the statement presented
by Professor E. C. Tolman on June ih, and parts of the statements read by
Professors Birge and Brodeur and endeavored, further, to describe the tenor
and the temper of the discussion. He then read the foregoing report, after

- c: -

which the Southern Section passed unanimously a motion made by Professor
Epling exactly parallel to the motion of Professor Tolman as amended on
June 1U»

Ze received subsequently a copy of a communication to President
Sproul from the Advisory Com.mittee, Southern Section, as follov;s:

June 21, 19h9

PRESIDENT ROBERT G. SPROUL:

The Advisory Committee of the Southern Section of the Academic
Senate, pursuant to the instructions in the resolution unanimously adopted
at the meeting of the Southern Section on June 20, 19h?, has conferred with
the President of the University in regard to possible modification in the
proposed oath of loyalty •

The Committee unar.imously concurs in the memor.andum of June l8,
I9I49 submitted to President Robert G. Sproul by the Advisory Committee of
the Northern Section of the Academic Senate. We are in complete iccord with
the statements therein contained, and we strongly support the modification
of tlie proposed oath as set forth in Section IV on page 3 of the memorandum.

Respectfully submitted.

John W, Olmsted

Gordon S» 'Vatkins

Martin H. Huberty, Chairman

Advisor^^ Committee, Southern Section

After being informed by President Sproul on the evening of June 2k
about the action taken by the Board of Regents at its meeting in Los Angeles,
the Chairman issued the following statement to the press (other alleged
statements which appeared in certain papers were unauthorized):

Press Release - Jm^e 2$, 19U9

President Sproul was kind enough to telephone me from Los
Angeles earlier this evening to tell me of the action of the
Regents concerning the loyalty oath, I learn that they
adopted, with one modification, one of the alternatives for
dealing with the situation proposed by the Advisory Committee
of the Northern Section of the Academ.ic Senate and concurred
in by the Committee of the Southern Section. The modifica-
tion consists in naming the Communist Party, but this ban
is one of long standing which the faculty has never questioned.
The wording v^.ich vre proposed we regarded merely as an explana-
tion of the oath prescribed in the Constitution of the State
of California. The Regents are evidently of the opinion that
such an amnlification is not illegals

- 6 -

While many members of the faculty will still feel sad that
any oath is regarded .as necessary, they recognize that the
present state of public opinion may make it seem expedient.
At the same time, I am sure that the willingness of the Re-
gents to adopt a solution proposed by the authorized com-
mittees of the Academic Senate will go far to restore the
mutual confidence between the Regents and the faculty v/hich
we have long enjoyed*

Joel H. Hildebrand

There remain certain matters of procedure growing out of the action
of the Board of Regents in connection with whi.ch we are endeavoring to the
best of our ability to represent to the President the questions and views of
our colleagues.

Respectfully submitted,

P» H« Lehman

(H. B. Walker, absent)

J. H. Hildebrand

Berkeley, June 28, 19U9

f

University of Californii

June 30, l?u9

To Members of the Academic Senate,
Mortliern Sectionj

I wish to make a few statementr; upon my own responsibility supplementary to
the report to members of the Academic Senate, Northern Section, issued by
rir« Leh]:ian and myself. Inasmuch as I shall be critical of views e^q^rcssed both
in the press and in private communication^ from several members of the faculty,
I do not wish to involve any continuing member of the Advisory Committee in what
I shall say.

It was reported in the Oakland Tribune of June 23, as well as in other news-
papers, that a number of members of the faculty had held a meeting at which roatters
connected with tlie lo;y^lty oath were discussed. The Tribune printed the follov/ing
direct quotation from a statement issur^d after the meeting. (I have verified
that the statement was accurately quoted.)

"The advisory committee was given no pov/er to act in behalf of the Senate,
but merely to secure the best solution possible under the circunstancvs.

"This it did. However, any action taken jointly by the Regents and the
committee must be ratified, under terms of our resolution, by the academic Senate.
Under the Senate Tlanual of Procedure, meetings can be held only in the acadeixLc
year

It

A member of the faculty connected vdth the above group has written me in
part as follows.

"Although the Senate amended Profussor Tclman's ori^rinal resolution by adding
words indicating that your assignment should also include the preparation of
possible aj.ternative wording to take the place of the v/ords put forward in the
proposed additioo to the present oath, I personally understood this action to be
one designed to make the actual strong opposition of the Senate to any oath sound
liiore temperate when reoorted to the public."

Similar views liave been expressed by several others.

I offer the following comments upon these interpretations of the action
taken by the Northern Section on June lii.

1. Article IX, Section 9 of the Constitution of the State of CaliXornia,
quoted in the report of the Advisory Committee, tiarries no provision for any
"joint action" by the Regents and a faculty comjnittee, and our regulations require
that all representations from the Senate go through the President.

2. There was no provision in the resolution for a meeting of the Nortriern
Section to "ratify the proposals made by the Advisory Conunittee to the President
on behalf of the section.

The section voted to request "that the second half of the oath, beginning

with be deleted or revised in a :nanner mutually acceptable to tlie Regents

and the members (sic) of the Academic Senate before

••....

u

Page

June 30, I5U9

We supposed that the members of the section had been able, during a meeting
lasting some t\/o hours, to express themselves clearly on the matter. You may
form your ov;n judgment from the wording of our report to the President, now in
your hands, whether we adequately represented tlie opinions expressed in the
carefully worded and documented statements presented during the meetings

ii. We nevertheless invited supplementary expressions from individuals some
of which were very helpful and constructive. Before submitting the report to
the President, we submitted the alternatives proposed in the final section to
Hr. Tolman for approval. The last alternative was the one adopted by the Regents,
with the addition of the reference to the Communist party. The President was
asked, on June lU, why the oath as then prescribed, did not refer to it directly,
since the Regents had outlawed membership in that party many years earlier.

as

The words added to the constitutional oath are othen^ase a mere redUndanc:i,
tliey were intended to be.

?. Before the meeting on June l^i, I had urged the President to endeavor to
secure a revision of the action taken by the Regents, and he agreed to discuss
such possibility with the Advisory Committee if requested by the Senate. V/hcn
we presented our report to him, he asked us to keep it strictly conl'idential till
after the coming meeting o£ the Itegents.

6. As chairman of the Advisory Comr.uttec for several years, now retiring,
I and my comiTiittee have advised the President upon many matters, and the advice
so given, like the advice given by the Budget Committee, could not appropriately
be presented to the Section for "ratification."

I trust you will not feel offended if I now, as I leave this office, and
with your indulgence by virtue of my v/hite hairs, offer a bit of advice in the
other direction.

The written constitution of this University gives very little legal DOwer
to the Academic Senate and its subsidiary bodies, but there has arisen an unwritten
constitution which has given us great moral power. This has been built upon our
sense of responsibility and dignity, and our sense of the general v/elfare of the
University. It was exhibited impressively in the meeting on June 1I4.

For the influence of the faculty with the President and the Regents to be
maintained, we must endeavor to select as advisors to the President, in whatever
capacity, men v/hom it can trust and who can speak with reasonable assurance of
faculty backing. Failing this, such committees might as well be abolished, for
they would lose all credibility as faculty spokesmen.

We have all wondered what is the present occasion for an oath of loyalty,
or, at least, why the oath taken by government officials, should not be sufficient.
But I, personally, find nothing in t.he oath now prescribed to which I cannot
conscientiously subscribe and since I joined in proposing this as a possibility
likely to be regarded by members of the faculty as acceptable, I propose to sub-
scribe to the oath, if and y;hen it is presented. I think the question of signing
should be a matter of individual conscience, with no pressure applied by any
mass measures.

There are matters of procedure connected with the implementing cf the oath which
have raised proper questions which, I trust, will be satisfactorily answered in. d^ie time.

It is my conxdction that the oath does not signal an intended repressive pol-
icy on the part of the Regents. Sincerely

P.S.

This letter is not for press release.

JOEL H. HILDEBRAND

October 7, 19)i9

Dear Senate Merr.ber:

In the belief thut the Faculty is interested in the snnti^ents of
ether members of the University comunity, the Academic Non-Senate
Fm:Dloyees sent some information about their vicTS to the Academic
Senate on T^^onday norninr, SeDtember 19th, Ho-Tever, as a result of
our uii familiarity with the customs and by->la-/s of the Senate, ive did
not r(>alize that information from outside pro^.ips is not ordJinarily
received directly by the Senate o We resioect the reasons for these
customs and by-la'-vs'^ bi.^t in vie-// of t>ie importance of the matters
concerned 've have taken the liberty of sending: the followin^^ informa-
tion about cur rroup to you individually,.

A petition opposing the loyalty oath v/as circulated amonj,^ our group
on the Berkeley cam.pus and was signed by So8 persons* The objections
mentioned in that netition m.ay be sumrr:arized thusly: 1) the proposed
oath dangerously interferes vdth intelligent preparation for an academic
career^ 2) the' proposed oath would demand conformity to safe political
principles as a prerequisite to entrance into the academic profession,
and, 3) the proposed oath represents a grave interference v/ith the
in-:opendc..-e of the profession -./hich v/e desire to enter..

At our genrral meeting September i::Jth it was resolved that:

"The Academic Senate be informed that the sense of this
meetin-^ is that m cp-oosing the revised oath we are op-
posing the policy which the oath is to imolement.^^

In view of the ambiguity surrounding statements about the Regents'
meeting last Friday, Septem.ber 30th, w^e clarified the presentation of
our beliefs by pas'-ing the following resolutiorx at a general meeting
of Non-Senate" Academic Emiployees l^iday, October 7th,

"We believe that academic freedom rne 'ur, "tbiat a scholar is to
be judged so].ely on his professional comp-etence and performance
in the academic field,,

W^ believe that the Regents' nolicy on em.plo.yment as enunciated
on June 2U, 19);9, and the loyalty oath to implement this oolicy are
in direct conflict with tne princinles o: academic freedom and are
detrimental to the cause of free education everyiv^ierco We desire
that they> the policy ano the oath, be rescinded."

Yo ur s si nee re ly ,

Steering Committee,
Non-Senate Academic Employees,
University of California

u

UNIVERSITY OF C>VLIFORNIA

I.

!!•

III.

IV.

V.

VI.

VII.

VIII.

IX.

X*

XI.

I/EETIIia OF TIffi NORTHEIll! SECTION OF THE ACADEMIC SENATE
Konday, Novenber 7, 19h9 at JjtlO p.m.
Audit or iiuii, Eenjamin Ide ''/heeler Hall

ORDER OF BUSINESS

Minutes of the meeting of October 10, 19k9

Announcements by the President

Announcements by the Vice-President and Provost

Announcements by Deajis, Directors or other Executive Officers

Special Orders

1. nomination of the GoiTuiiittee on Committees. T. B. Steel, Secretary

2, Loyalty Oath ^

a* Report of th-o Comivuttee of the iVholeo A. R. Davis, Chairman

b. Report of the Advisoiy Comriittee, B. H. Lehman, Chairman

c. Resolution offered by Professor G. i.Iackinney

d. Resolution offered by Professor S. J. IIoLmes
Reports of Special Comniittees

Reports of Standing Committees and Faculties
Petitions of Students
Unfinished Business
University and Faculty l/olfare
Nev; Business

Berkeley, Novcnber 1, 19li9

THOI'IAS B. STEEL, Secretary
Academic Senate, Northern Section

(10, r'4 9-1300)

AiNITOUNCJl'SNT BY THE SECRET.IRY

The meeting of the Northern Section of the Academic Senate originally scheduled
for November 22, 19h9 will not be held. The next ensuring regular meeting
of the Section is scheduled for Monday, January l6, 1950.

Berkeley, November 1, 10l|9

THOI-IAS B. STEEL
Secretary

ELECTION OF THE (::0M::ITTP;E ON COMI.JTTKES - NO'IINATIONS

In accord^anco vdth procedure described in by-lav; ll;8. Manual of the Academic
oenate, notice is hereby ,^iven that no.ninations to replace four members of
the Committee on Committees v:hose ter.r.s exoire this year will be made at the
meeting of the Academic Senate, Northern Section on November 7, 19li9, Addi-
tional nominations will be received by the Secretary of the Section at his
office. Room 128 Administration Building, not later than

MONDAY, NOVE.iEER 23, 19)i9, 5 P. M.

2.

The na^nes of current members v:hose terms expire and rho must be replaced
are: G, P. Adams, J. D. Hicks, F, L. Kidner, II. n. l/ellman.

Other members v/hose terms do not expire until 19^1 are: R. T. Birge, G. H.
Hart, J. B. deC. M, Saunders, E, M. Woods*

THOI/iAS B. STEEL, Secretary
Academic Senate, Northern Section

Berkeley, October 21, 19lv)

REPORT OF THE COl^.ilTTES OF TPD T;IIOLE

The Northern Section of the Academic Senate, at its meeting on
October 10, l>>!i9, resolved itself in a Committee of the Vihole to give con-
sideration to a series of resolutions presented by the Advisory Committee and
duly seconded, as follov/s:

(1) The faculties convened in the Senate, Northern Section, informed
by the representatives v/ho conferred with the Regents, recognize
that the Regents did not act .rlthout advice of the President or
the Senate or its Agencies.

{?.) The Senate, Northern Section, ratifies the agreement described in
the 6th paragraph of the statement issued on September 30, namely
"Complete agreement upon the objectives of the University policy
excluding members of the Communist Pr.rty from employment and
Communist teaching and influence from tlie campuses of the Univer-
sity.,,"

(3) The Senate directs the Committee on Com:nittees to appoint a

Special Committee on Conference v^lth the Regents, and the Senate
novj- directs the Committee so appointed to explore with the Regents
better arid more satisfactory means of attaimng the agreed-on
objectives and of implementing University pc.licy vdth due regard
for the Senate's position as stated in Resolution 1 and Resolution
2, approved at the meeting of September 19,

Thereafter, in the Committee meeting ^, Professor G. P, Adams offered
the following supplementary resolutions for oon^. deration:

It The Academic Senate, Northern Sectjou^. reaffirms its position ■
regarding the loyalty oath taken at its meeting on September 19,
l?il9o In future discussions \/hich ma;^^ be held vath the Regents
regarding the oath, representatives of the Senate, Northern Sec-
tion, should be guided by the two resolutions Dassed on September
19, 19U9t

2. In welcoming the opportunity to continue discussions with the
Board of Regents, the Academic Senate, Northern Section, wishes
to make entirely clear its position vath respect to the folloTving
matters;

a.

In approving the agreement betvreen the Advisory Committees
and the Board of Regents upon "the objectives of the Uni-
versity Policy excluding members of the Communist party

from Gmplo^^n^acnt" in this University, the Northern Section
of the Senate emphaoizes that it is the objectives of
"inpartial scholarvShip aiid the free pursuit of truth" v^rhich
are being anproved, not the specific policy barring employ-
mont to members of the Cormr:Unist partyo

b. The Senate, Northern Section, notes Yfith pleasure that the
Regents have authorized the release of so-called "contracts"
to all members of the faculty and interprets this action to
mean that, v:hile further discussions are in progress, no
employee of the University stands in any danger of losing his
position through failure to sign the present oath or an equi-
valent satisfactor;^'' to the Board of Regents*

3» The Senate, in reaffirming the position taken on September 19, is
lanvdlling to relinquish the hope that the principles \fhich under-
lie the resolutions then adopted may form the basis for a mutual
understanding bct\7ec!i Regents and faculties, essential for the
ivelfare of the University «

as follo'vvs:

.^jiotlier series of resolutions was offered by Professor J, ten Broek,

Tecause the State of Ca2.ifornia is a coirjnunity of free men it values
the spirit of free inquiry and encoui\ages the vigorous search for truth.
It tlierefore cherishes and supports a University, The People of the
State in establishing their University have placed it under the legal
authority of a Loard of Regents, entrusting to them a task of great
delicacy recognizing that the fostering of a University's life requires an
administration sojisitivc and restrained in internal affairs and vigor-
ous and doteriiiinod in protecting thi University from external political
or partisan pressureso The purpose .-md spirit expressed in the estab-
lishaent of the University guides, defines, and limits the exercise
of adi.iinistrative power «,

The public responsibility of the Regents is to create and maintain the
conditions necessaiy to the University's life* The power of the
Regents must accordingly be exercised not only with due regard for
those principles of fruedom of thought and association v;hich constitu-
tionally limit the power of all public officials but also vrith deep
respect for the essential nature of a University as an institution
peculiarly dedicated to freedom of minda

A University has its ovm Constitution expressive of its purposes, it
functions and its obli^ationa That constitution, cherished under
the name of "Academic freedom" is a system of government which can-
not be violated ird.thout frustrating the pur^Dose for v^hich Universities
are created-, The principles of academic freedom are the rules and
procedures by v^hich the ac:,de:;iic community is protected against any
attempt, hov;cver v:ell j.ntentioned, to hinder it in the pursuit of
truth or to "protect it from erroro" These principles, including
the principle of Tenure, provide not only a high degree of independence
for individuals of attested competence but also a significant degree
of Faculty sel.f government • Experience has demonstrated that the
security of th.e former depends upon the strength of the latter. The

h.

area of faculty self govera^ont is, of co-u-se, limited. But it
includes full faculty participation in the making of decisions
affecting the conditions crucial to the work of teachinj^ and
research cand a high degree of deference to faculty judgment in
matters, such as qualifications for membership, vv-hich are
peculiarly v/ithin the competence of the faculty.

The decision of the Regents, reaffirmed September 30, to require
of faculty members a political declaration overrides the virtually
unanimous recommendation of the Academic Senate. This departure
from the principles by v/hich a University should be governed has
gravely damaged the morale of the faculty and the repute of the
University. The Academic Senate of the University of California,
Northern Section, therefore, solemnly and publicly declares:

It That Academic Freedom at the University of California
has been dangerously impaired.

2. That the system of Tenure has been placed in jeoparc^.

3« That the Senate reaffirms the v±q\;s expressed in its
September 19th resolution endorsing Revised University
Regulation No. 5 and therefore rejects the viuv; that the
test of political affiliation is a legitimate substitute
for the traditional procedures by v;hich fitness for
Academic Status is determined.

The Senate does not regard refusal to make the required political ab-
juration grounds for discharge, pledges its full support to non-signers,
and vrill oppose any attempt to discriminate against any member of the
teaching and research staff because of refusal or reluctance to sign.

The foregoing resolutions v;ere discussed at length but vrero not
voted upon by the Committee of the IThole. Instead, the Committee adopted a
motion instructing the Vice-chairman and Secretary to call an early meeting
of the Northern Section, and to distribute the text of these resolutions
vdth the call for the meeting.

Berkeley, October 17, 19U9

Respectfully submitted for the
Committee of the "IVhole.

THOIiAS B. STEEL, Secretary
A. R. DAVIS, Chairman

REPORT OF THE ADVISORY C0I;E:ITTEE

(Secretary's Note:- This report is a revised edition of the resolutions and
the statement preliminary thereto as read by the Chairman of the Committee '
at the meeting of the Northern Section of the Academic Senate on October 10.
19U90

.,;.i>. ..^^^.

5-

To the Academic Senate, riorthern Section:

The Resolutions approved by the Senate, Northern Section, on Septem-
ber 19, 19l;9, and the Resolutions approved by the Academic Senate, Southern
Section, on September 22, 19^9, v;ere presented to the Board of Regents at a
meeting held in Los Angeles on September 2U, 19l;9# The Resolutions v/ere not
acted upon at that meeting. The Board of Regents, hov:ever, appointed a
Special Committee to confer v;ith the Advisory Committees of the Northern and
Southern Sections of the Academic Senate regarding the Loyalty Oath. At a
meeting held in San Francisco on September 29 the Special Committee of the
Regents and the Advisory Committee of the Senate held conference. By invita-
tion of the Regents, Professor Hildebrand, as Chairman of the Committee,
Northern Section, up to June 30, joined the Northern Committee.

The Advisory Committees of the Senate presented the viev/s of the
faculties in the form of fifteen documents and commentary thereon. The
series of documents began with the announcement by the Secretary of the Re-
gents in the May Dullotin and came to the point in document no. 13 \7ith
the Advisory Committee's preamble read before the Senate, Northern Section,
on September 19 and the Resolutions passed by the Senate, Northern Section,
on that occasion. Documents nos. lU and 15 vrcre Dean Davis » statement made
at the Senate Meeting of the 19th and a letter from the Vice-Chairman of the
Northern Section to President Sproul, under date of September 20, urging
that the Regents come to the fullest possible realization of the motives
behind the bare Resolutions. Thereafter, the Chairman of the Advisory Com>-
mittee for the Southern Section supported the v/hole statement as made on
behalf of the Northern Section and indicated that the slight differences in
the Resolutions of the Southern Section -.Tere differences in form only. As
a result of this procedure the history of the Senate's case is firmly in
the record and the Senate's Resolutions of September 19 and September 22 are
also in the record as a basis for future discussion betv^een the Regents and
the representatives of the Senate. Moreover, in the continuing discussiom
on September 29 ^^dth the Special Committee and at the meeting of the Board
on September 30, these Resolutions and the motives behind them v/ere again
and again reverted to and defended.

Throughout the long discussion v/hich followed, several things
became clear* Of these the Advisory Committee believes it should give first
place to its judgment that, at the various stages, the Board of Regents did
not act upon the Loyalty Oath vathout advice either fromi the President or
from the Senate or its Agtincies. In the judgment of the Committee, the
importance of this point is primarily that in their subsequent discussions
the Regents \7ere guided by their sense of themselves as the present members
of the continuing body of governors of the University and by their predominant
vash to clear themselves publicly of the impression that has grovm up that
they had imposed vathout consultation a requirement unacceptable to the
faculties. Turning from the past to the present and the future, it is the
judgment of the Advisory Comiaittee that making clear the position of the Re-
gents in this particular is for the immediate good of the University in that
it prepares the best possible climate rdthin iThich to carry on discussions,
and is' also best for the reputation of the University in the long run. In
effect, in the discussions the Special Committee of the Regents advised the
Advisory Committees that the Special Committee could not at this time recom-
mend to the Board that it change its requirement of the Oath, for the follov;-
ing reasons:

6.

(1) The Senate had failed to support the earlier recommendations of
the Advisory Cornniittces;

(2) The Senate vras, in the view of the Special Committee of the Regents,
not sure vrhat it really v/antedj

(3) The situation made it necessary for the Regents to hold to the
stated policy and to the prescribed iiriplementation until a better
method of implciaenting the policy v/as proposed*

At the conclusion of the conference and before the Special Committee
went into session to prepare its recommendations to the Board, the members
of the Advisory Committees v/ere invited to meet vdth the Board of Regents in
full session on September 30. The Committees accepted. The report of the
Special Committee of the Regents to the Board of September 30 developed a
full discussion. In the meeting of the Board the members of the Advisory
Committees were accorded the same privileges of conference and argument \7hich
they had been accorded in the meeting with the Special Committee. At the
conclusion of the meeting of the Board of Regents and of the Committees of
the Senate on September 30, the follovdng statement v:as issued:

"The Board of Regents of the University of California reaffirms its
announced policy that no member of the Communist Party shall be employed
by the University.

"In implementing this policy, the Board heretofore has adopted a form
of oath or affirmation v^hich was formulated by the President and the
Advisory Committees of the Academic Senate.

"The Advisory Committees of the Academic Senate have advised the Board
that after more maturu consideration, the Senate vould like to have
a portion of that oath deleted.

"In the absence of a better method of implementing its policy, the
Board stands on its requirement of the oath or affirmation.

"Th^ Board, hov/ever, Tall be glad to consider any method ;Thich the
f acuity/- may deem to be a further or better implement at ion of the
policy.

"Complete agreement upon the objectives of the University policy
excluding members of the Communist Party from employment and Communist
teaching and influence from the campuses of the University v^as dis-
closed at today's meeting of the Regents vrLth the Advisory Committees
of the Academic Senate. Discussion turned upon the means of most
effectively implementing the policy.

"The Regents and the faculty will continue their close and active
cooperation to the end that this policy be given its fullest effect.
It was agreed that pending the conclusion of these discussions members
of the faculty and employees of the University should make oath or
affirmation of their loyalty either by signing the oath approved by
the Regents on June 2h, 19U9, or by other equivalent affirmation
acceptable to the Regents."

7.

Before proceeding to an analysis of this statement, the Advisory
Committee of the Northern Section desires to state that, in the judgment of
the Committee, there is no rift betv/een the Regents, the President and the
faculties regarding the basis objectives involved. There are sincere dif-
ferences of opinion as to the most effective methods of attaining those
objectives. But it must be added that the general climate of respect and
admiration in the Regents for the distinguished faculties in the creation of
i/hich they have had so large a part justifies the hope that these differences
can be reconciled. The Committee of the Northern Section has no doubt that
it is that hope v;hich caused the Board to express the desire to continue their
close and active cooperation v/ith representatives of the Senate •

An analysis of the statement of September 30 shov/s clearly:

(1) That, for the good of the University, the Regents vdsh to clear
themselves of the charge of having prescribed v/ithout advice
from vd.thin the University a procedure unacceptable to the Senate,
and

(2) That the Regents arc open-mJinded as to means of attaining the
common objectives;

(3) That the Regents expect the continuing close and active cooperation
to proceed on a basis of reason, as may be inferred from the re-'
lease of all letters of appointment and notices of salary rating^
and

(U) That the Regents respect individual preferences as to v/ays in vfhich
the requirement under the present ijnplementation of policy may be
met, having provided for "other equivalent affirmation."

In the statumc.nt of September 30, two terms relevant to the fore-
going analysis require explication. The first of these is the phrase "the
objectives of the University policy*" The objectives of the University
policy "excluding members of the Communist Party from employinent and Communist
teaching and influence from the campuses" are those defined by the Regents
in their statement of Junu 2l|, 19U9, paragraphs 1, 2, 3^ ^nd U:

"At its birth the University of California v;as dedicated to the
search for truth and its full exposition.

"The primary obligation of the Regents of the University of California
has been to stand steadfastly for that freedom of the human mind and
spirit \Yhich has enabled the assemblage of distinguished scholars
constituting the faculty to continue to pursue these objectives.

"The Regents gladly share vdth the faculty the responsibility to keep
the University free from those who vrould destroy its freedoms

"Today this freedom is menaced on a world-vdde basis by the Communist
Party through its determination ty fratid, or othcn'dse, to establish
control by the State over the thoughts, and the expression of thoughts
by the individual."

8,

Those objuctivos arc also the objectives stated by the Senate in Resolution
1 approved by the Senate on September 19:

"(1) The faculties assembled in the Senate, Northern Section, whole-
heartedly concur in the University policy, set forth in University
Regulation No. $y which prohibits the employment of persons whose
commitments or obligations to any organization. Communist or
other, prejudice impartial scholarship and the free pursuit of
truth."

These are the objectives, ITith regard to these the Advisory Committee com-
mitted itself as a committee only, explaining that it was not authorized to
act for the Senate.

The second term which requires explication appears in the last
clause of the last sentence of thu statement issued after the meeting of the
Board of Regents on September 30, namely, "by other equivalent affirmation
acceptable to the Regents." "Equivalent" in that context means "of equal
significance," the common dictionary definition. It is certain that the
phrase has reference to the substance of the second half of the prescribed
oath. It is also certain that the affirmation here indicated is a personal
statement from a member of the staff to the President, and that such affirma-
tion is free from the implications v/hich a notarized oath or affirmation
vfould carry. The provision of such an equivalent allows a member of the
faculty to formulate his o\m statement as his ovm conscience may dictate; it
leaves the Board of Regents to pass upon the acceptability of such a state-
ment.

In summary, the Advisory Committee of the Northern Section presents
its considered judgment that there is no feud or ground for feud betv;eon the
faculties and the Regents; that everything that can at this time be done by
protest has been done; and that the Resolutions of September 19 constitute
on the faculty side a sound basis for conference looking toward a mutually
satisfactory solution. It is the judgment of the Committee of the Northern
Section that not only is the v/ay now open to faculty-Regent conference, but
that only that vfay offers at this time hope of a creative resolving of the
problems v/hich nov/ confront us.

The Committee, therefore, presents the follovnlng motions:

Formerly (1) (After id.de faculty consultation, the Advisory Committee vrith-

draws the motion proposed under this number at the Meeting of
October 10 on the ground that the matter is mainly one of
history and that the foregoing report siifficiently covers the
history.)

Nov; (1) The Senate, Northern Section, ratifies the agreement described
in the 6th paragraph of the statement issued on September 30,
namely "Complete agreement upon the objectives'"' of the Univer-
sity policy excluding members of the Communist Party from
employment and Communist teaching and influence from, the campuses
of the University..."

"'^These objectives are defined by the Regents in their
statement of June 2U, 19U9, in paragraphs 1, 2, and 3,

9.

and the connection with Communism and the Communist
Party is implicit in paragraph k of the same statement
and in Resolution 1, aoproved by the Senate on September
19, 19li9.

Nov; (2) The Senate, Northern Section, directs the Committee on Committees
to appoint a Special Committee on Conference with the Regents,
and the Senate now directs the Committee so appointed to explore
with the Regents better and more satisfactory means of attain-
ing the agreed-on objectives and of implementing University
policy vdth due regard for the Senate's position as stated in
Resolution 1' and Resolution 2, approved at the Meeting of
September 19, 1914.9.

VU R. Dennes.
H. Dt V'ralker,
B« K. Lehman, Chairman.

Berkeley, October 21, 1949

RESOLUTION OFFERED BY PROFESSOR G. IfACKIMTIEY

October 12, 19^9

Mr. Thomas B. Steel

Secretary, Northern Section, Academic Senate

^ty dear Mr. Steel:

I shall malce the following motion at the next Senate meeting at
which the loyalty oath is discussed:

That the follovdng statement be transmitted to the Regents by the
President or by the proposed conference committee on behalf of the Northern
Section:

"The Senate recognizes that further delay in a clear-cut
statement of its stand on the loyalty oath can only be
prejudicial to the best interests of the University. The
Senate is comprized of men and v/omen vdth all shades of con-
viction between those v/ho welcome the opportunity to reaffirm
their loyalty and those to v;hom any oath is repugnant, A
statement to vrhich all can subscribe is necessarily cither
v;atered doTm to the point that it is meaningless, or it is
interpreted differently by members of such departments as
Philosophy, English, Engineering, or of the Lav; School.

"It would probably be correct to assert that the vast majority
of Senate members saw no necessity in an oath when it was first
propounded, that the specific form proposed was repugnsmt to
many, and to a much smaller group any oath at all was and is
objected to on conscientious grounds.

10.

"All Senate nanbers regard police states, including that
imposed by Communists vdicrcver and' hovrevur they have gained
pover, with abhorrence ?nd disgust, and regard supporters of
such parties as holding vicvs incompatible vdth University
ideals •

"The Senate membership recognizes that an impasse can develop
Tfhere, v^hether doors are left open for further negotiations or
not, the morale of the University suffers.

"The Senate membership recognizes that irreprxable damage can
be done both by further delay and by attempts to place pressure
on those iTho in all conscience cannot subscribe to an oath be-
yond the standard constitutional oath of allegiance.

"The Senate therefore suggests to the Regents the follovang
solution: that any of its members vrho shall affirm their
inability on grounds of conscience to take an oath beyond that
provided in the Constitution of this State shall be deemed by
the Regents to have taken the equivalent of the full oath,
provided only that they acquiesce in the passage of this resolu-
tion in v/hich the majority of the Senate members actively express
their abhorrence of Communist party activities."

By way of explanation of my ov/n stand, I took the loyalty oath be-
fore receiving notice that a special meeting ?:ould be held on September 19th.
I hold no brief for this or any other oath. I have felt no personal qualm
of conscience as a result of my action, but I can only view vrLth deepest
regret the schism yrhich can be created by continued failure of either side
to yield.

Vq live in a complex society, and it is sheer lunacy to pretend
that belligerent expressions of opinion vdll be tolerable or acceptable to
the Regents. They must adminicter the University, or chaos results.

I shall ask, not that this resolution be passed unanimously, but
nemine contradiconte. If the Northern Section passes this £ind if it should
be accepted by ^he Recants, a member v:ho has difficulty with the present
oath would take the standard loyalty oath. He would then abstain from any
denunciation of the resolution subscribed to (as I may be permitted to hope)
by the vast majority of the Senate menibership.

Yours very truly,

S/ G. laackinney

G. Hackinn^y

GM:EL

!!•

RESOLUTION OFFEREL BY PROFESSOR S. J. HOUffiS

October Ih, 19k9

Ut. Thomas E. Steel, Registrar
120 Administration Building
Campus

Dear Mr. Steel:

I am enclosing in the form of a resolution a statement of some of
the chief points I had made at the last meeting of the Academic Senate.
Although rny statement did not include an expression in the precise form of
a resolution, it vras nevertheless essentially a plea for v.tiat is set forth
more briefly in the present formulation.

I sincerely hop.:: it nay find a place among other resolutions.

SJH/dd

Sincerely yours,
S/ S. J. Holmes

S. J. Holmes

Since the proposed oath designed to implement tht= rule of the
Regents against employing communists sets up an inquisition
designed to discover any individuals iTho mr^y be members of the
Communist party and v:ho vrhen discovered are ipso facto deemed
guilty of an offense for ivhich the prescribed penalty is
expulsion, thus giving the individuals no exemption from punish-
ment except through executive clemency "t^ich vrould require
breaking the established rule;

And inasmuch as carrying the oath into effect might lead to the'
summary expulsion of ' certain individuals who are entirely loyal,
efficient, respected, and coupe tent members of the faculty r;hose
conduct in the University and out of it is Qp)€n to no serious
criticism;

And since the expulsion of such individuals is based on the
questionable principle of determining guilt liy association instead
of the merits of the individual case and irould inevitably have an
unfavorable effect upon the morale of the faculty and students and
the hitherto cordial relations of Regents and faculty, and the
reputation of the University;

Be it resolved that either no oath beyond the present oath of al-
be required (r^ich r/ould be preferable for many reasons) or if an
oath is imposed it should be one v/hich v:ould eliminate the objec-
tionable features here mentioned.

Respectfully submitted,
^/.a* J.-Hfil»ej5 .

Movnp'hpr 7, 19^9

The Academic Senate, irorthern Section, recon-nizec that much con-
fusion exists over interpretations Dlaced on its actior vdth respect to
the lo\^.lt7' oath.

It therefore assures the peor)le of the State of the lo^reltv of its
members both to its S-^fite and to its ideals. It firmly believes that there
is no point at is rue on the lo;^rn,lty oath ""'hi^h --annot or vill not b^ solved
by mutual trust and r,ood vill.

It tahes this op-^ortunity of assertinr; that all Sena"t.e Fienbers re-
rard nolice states, including': that im-'osed by Comrranists vrh'^rever and how-
ever they liave ,o^ained po7fer, vlth abhorrence an(;i dis^^vist, and ren*ard sun-
porters of such parties as -loldin^ I'ievrs inco?!m>ritible vith University ideals.

It therefore directs the CommJ ttee on Comm/lttees to a-T.^oint members
to a Com.bined Snecif3.1 Com^iittee on Co-.iference '"ith t.-.e Ref?;ents ref^rdin?
the loyalty oath. The Senate also directs that tliis Combined Snecial Com.-
mittee shall subm.it its renort and recom.mendations to the Senate for apnroval
bv letter ballot.

?. i:. 3arr
R. r. Davis
G. Ifeckinney
M. r. O'Brien

Note: It is proposed that nrior to submission of this resolution, all
resolutions on tlie a^^^enda, anart from the Advisory Comjnittee's motions,
be tabled.

Berkeley, California

OcM. {f^y^'y^^

The Faculty Interim CoinTnittee is charged with the re-
sponsibility of reporting to the Senate on the feasibility of
establishing a permanent organization to carry on t?ie task
of bringing the public to a better understanding of the
nature of a University and to a better appreciation of the
conditions necessary to its existence.

In exploring this problem the Committee has felt the
need of a clear and simple statement on the character and
role of a State University in a free society. We are also
concerned to explore the extent of basic faculty agreement
in this area.

We hope very much that you will be willing to formu-
late your own ideas on this subject and that you will find
it possible to give us, within the next few weeks, a state-
ment addressed to the following question:

"What is the role of a University in a free society;
what are its essential characteristics and what internal
and external conditions are necessary to allow it to
achieve its objectives?"

Sincerely,

P.S. Please forward your statement to Prof. Malcolm Davisson,
Dept . cf Economics.

I realiio this roqa«»t Mgr •«« to call for coneiderable thawwB^t
OB yoar part. BovaTar. the Comittae baliaTet that tha 50 to 60 parsons
vho are haiais aakad t^r their Tleva an these lUfstions should ha ahla to
glra ua aa idea as to the araa of faoulty-vida ai^reenK nt if the/ are ahla
to take the tiae to aet their idastfi down in writiac. I will he glad to
discuss this Matter %rith 70a if /on so desire aad to tall /ou vho the
others ars vho hare receiTed similar requests*

UNIVERGITY OF CALIFORNIA

MEETING OF THE NORTHERN SECTION Ot THE AC/iDEMIC SENATE
Tuesday, March 7, 19^0 at hilO p.m.
Auditorium, Benjamin Ide Wheeler Hall

ORDER OF BUSINESS

I.

II.

III.

IV.

V.

VI.

VII.

Minutes of the meeting of January l6, 1950

Announcements by the President

Announcements by the Vice-President and Provost

Announcements by Deans, Directors or other executive officers

Special Order: Degrees, Certificates and Honors, January 1950, T.B. Steel,

Secretary
Reports of Special Committees
1. Report of the Committee on Conference with the Regents, Northern Sectlor^

M. M. Davis son, Chairman
Reports of Standing Committees and Faculties

1. Report of the Faculty of the School of Medicine. F. S. Smyth,

Vice-chairman

2. Report of the Faculty of the College of Business Administration

T. B. Steel, Secretary

3. Report of the Committee on Committees. T. B. Steel, Secretary

VIII. Petitions of Students

IX. Unfinished Business

X. University and Faculty Welfare

XI. New Business

Berkeley, March 1, 1950

THOMAS B. STEEL, Secretary
Academic Senate, Northern Section

(2- '50 - 1275)

Schedule of Meetings - Spring Semester 195Q
The Northern Section of the Academic Senate will hold meetings as follows:

Monday, May 1, 1950
Tuesday, June 6, 1950

Berkeley, February l6, 1950

THOMAS B. STEEL
Secretary

REPORT OF THE FACULTY OF THE SCHOOL OF MEDICINE

To the Academic Senate ; Northern Section:

The changes in Article 10 are as follows:

1. Change of the words "Medical School" to the words "School of
Medicine", in accordance with action of the Regents, Novem-
ber 18, 19^9-

2. Change under TOO (C) from "33 units" to "36 units". This
change has been recommended because of a change in the
Curriculum, so that the total is actually 36 rather than
35 ^inits.

3. The change in II68 has been recommended, as the course
offered is no longer a postgraduate course, making the old
certificate not suitable for use.

The changes in Article 11 are as follows:

1. Ch.in^ of the words "Medical School" to the "School of
Miudicdne", as above.

2. In section II7I, the form of the certificate has been
changed because the curriculum is known as the Curriculum
in Medical Technology and the certificate should so indi-
cate, rather than using the words "Laboratory Technicians".
In other words, this is a substitution of the words "Medical
Technology" for "Laboratory Technicians".

The following changes in the Regulations of the Academic Senate are hereby
recommended:

Present V/ording

Article 10, Medical School

700. The degree of Bachelor of
Science is granted, upon the recom-
mendation of the Faculty of the
Medical School, to students vrho have
met the following requirements:

(a) The candidate shall have
satisfied the general University
requirements of ^!,'^h6^, ^+67,^^69, ^71
^73, ^75.

Amended Wording Recommended
Article 10. School of Medicine

700. The degree of Bachelor of Science
is granted, upon the recommendation of
the Faculty of the School of Medicine, to
students who have met the following
requirements :

(a) (Unchanged).

(B) The candidate prescribed

by the Faculty of the School of
Medicine, and Applied Arts.

Present Wording

Amended Wording Recommended

(B) The candidate shall have com-
pleted at least 90 units of college
work, including such special require-
ments as may be prescribed by the
Faculty of the Medical School, and
shall have been eligible for admission II68.)
to senior standing in the College of
Letters and Science (Berkeley or

Lob Angeles) or in the College of
Applied /arts.

(C) In addition to the 90 units
required under (B), the candidate
shall have completed the 35 units of
work prescribed by the Faculty of
the Medical School for the first
two terms of the Curriculum in
Physical Therapy (see -,;vll66, II68) .

(C) In addition ..... completed the
36 units of work prescribed by the
Faculty of the School of Medicine for
the first two semesters of the Curri-
culum in Physical Therapy (see y%-- II66,

Arcicle 10. Curriculum in Phyf^ical

Therapy

1166. The Academic Senate authorizes
the Medical School to issue a cer-
tificate of completion ox* the Curricu-
lum in Physical Therapy to students
who have fulfilled the requirements
for completion of that curriculum as
prescribed by the Facility of the
Medical School.

1168. The form of the certificate
of completion of the Curriculum in
Physical Therapy shall be as follows:

UNIVFwRSITY OF CALIFORNIA

This is to cerbify that

Article 10. Curriculum in Physical

Therapy

1166. The Academic Senate authorizes

the School of Medicine to issue

Faculty of the School of Medicine.

1168. The form of the certificate of
completion of the Curriculum in Physical
Therapy shall be as follows:

UNIVERSITY OF CALIFORNIA
This is to certify that

has completed the curriculum of one
year for postgraduate studentc as
prescribed by the Faculty of the
Medical School for Technicians in
Physical Therapy.

Dated at Berkeley, California, on
the day of ,19.'..

has completed the curriculum of one
year in Physical Therapy as prescribed
by the Faculcy of the School of Medicine.

Dated at Berkeley, California, on
the day of , 19

Medical Supervisor

Curriculum in Physical Therapy

President of the University

Director of the Curriculum in
Physical Therapy

President of the University

Present Wording

Amended V/ording Recommended

Article 11. Course for Laboratory

Technicians

Article 11. Curriculum in Medical

Technology

1170. The Academic Senate autho-
rizes the Medical School to issue a
certificate of completion of tlie
Course for Laboratory Teclinicians
to students who have fulfilled the
requirements for completion of that
course as prescribed by the Faculty
of the Medical School.

1170. The Academic Senate autho-
rizes the School of Medicine to issue
a certificate of completion of the
Curriculxim in Medical Technology to

students , completion of that

curriculum as prescribed by the Faculty
of the School of Medicine.

1171. The form for the certificate
of completion of the Course for Lab-
oratory Technicians shall be as
follows :

1171. The form of the certificate of
completion of the Curriculum in Medical
Technology shall be as follows:

UNIVERSITY OF CALIFORNIA

UNIVERSITY OF CALIFORNIA

This is to certify that

This is to certify that

has completed the course of one year
in laboratory technique as prescribed
by the Faculty of the Medical School.

Dated at Berkeley, California, on
the day of , I9 . . . .

has completed the curriculum of one year
in Medical Technology as prescribed by
the Faculty of the School of Medicine.

Dated at Berkeley, California, on
the day of , I9 . . . .

In Charge of the Course

or

Laboratory Technician.'

Medical Supervisor,
Curriculum in Medical

Technology

President of tho University

President of the University

Respectfully submitted.

Francis Scott Smyth, M. D
Vice -Chairman

San Francisco, February J, 1950

Los Angeles,
February 8, 195O

REPORT OF THE FACULTY OF TEE COLLEGE OF DUSINl^SS ADMINISTRATION

To the Academic Senate:

In order to reorganize the present College of Business Administration, offering
a four-year undergraduate curriculum leading to the degree of Bachelor of Science,
and a graduate curriculum leading to the degree of Master of Business Administration,
into a School of Business Administration, offering a two-year upper division cur-
riculum leading to the degree of Bachelor of Science, and a graduate curriculum
leading to the degree of Master of Business Administration, the following changes
in the Bylaws and Regulations of the Academic Senate are hereby recommended:

DIVISION I: BYLAWS

Present Wording

22. (A) The Northern Section shall author-
ize and supervise all courses of
instruction in the following colleges
and schools of the University: . . .
School of Business Administration . . .

23. (a) The Southern Section shall author-
ize and supervise all courses of
instruction in the College of Letters and
Science (Los Angeles), in the College of
Business Administration, in the College
of Applied Arts, in the College of Engi-
neering (Los Angeles), in the School of
Education (Los Angeles), in the School
of Law, , . .

(B) The Southern Section shall recom-
mend directly to the Regents,
through the President of the University,
all candidates for degrees in course who
have completed the requirements for those
degrees in the College of Letters and
Science (Los Angeles), the College of
Business Administration, the College of
Applied Arts, the College of Engineering
(Los Angeles), . . .

27. Committees of the Academic Senate
are classified as follovrs:
(a) , . . the Faculty of the School
of Business Administration . . .
the Faculty of the College of Letters and
Science (Los Angeles), the Faculty of the
College of Business Administration, the
Faculty of the College of Applied Arts,
the Faculty of the College of Engineering
(Los Angeles), . . .

Amended Wording Recommended

22. (a) The Northern Section shall author-
ize and supervise all courses of
instruction in the following colleges and
schools of the University: . . . School
of Business Administration (Berkeley) . .

23. (a) The Southern Section shall author-
ize and supervise all courses of
instruction in the College of Letters and
Science (Los Angeles), in the College of
Applied Arts, in the College of Engineer-
ing (Los Angeles), in the School of Busi-
ness Administration (Los Angeles), in the
School of Education (Los Angeles), in the
School of Law, . . .

(B) The Southern Section shall recom-
mend directly to the Regents,
through the President of the University,
all candidates for degrees in course who
have completed the requirements for those
degrees in the College of Letters and
Science (Los Angeles), the College of
Applied Arts, the College of Engineering
(Los Angeles), the School of Business
Administration (Los Angeles), . . .

27. Committees of the Academic Senate
are classified as follov^s:
(A) . . . the Faculty of the School
of Business Administration (Ber-
keley) . . . the Faculty of the College
of Letters and Science (Los Angeles), the
Faculty of the College of Applied Arts,
the Faculty of the College of Engineering
(Los Angeles), the Faculty of the School
of Business Administration (Los Angeles),

Present Wording

Amended Wording Recommended

if 5 . The government ... of the colleges
at Los Angeles . . . shall be vested
in the following bodies, respectively:

• • .

Faculty of College of Business Ad-
ministration.

k3. delete: "Faculty of the College of
BuGlness Administration."

(1)
(2)

(3)

Article 9. Faculty of the College of Rep'jal Article 9, and §P 95, 96. § 95 is
Bupinesg Administration covered in g IO5 (d), new subsection.

I 96 is covered in § 129, new paragraph.
95. The Faculty of the College of Busi-
ness Administration shall conduct the Renumber Articles 10, 11, and 12 as
government of the College of Business Ad- Articles 9, 10, and 11.
ministration, subject, however, to the
rules and coordinating powers of the
Graduate Council of the Southern Section
respecting graduate study and the degree
of Master of Business Administration.

96. (a) The Faculty of the College of Busi-
ness Administration shall consist

of:

The President of the University.

The Provost of the University

resident on the Los Angeles

campus .

All members of the Academic

Senate giving courses which
are limited to or given primarily for
students in the College of Business Ad-
ministration.

{h) One representative from each

of the following departments,
to be chosen by the department: Agri-
culture, Antliropology and Sociology,
Astronomy, Bacteriology, Botany, Business
Education, Chemistry, Classics, Economics,
Education, English, French; Geography,
Geology, Germanic Languages, History,
Kome Economics, Mathematics, Military
Science ai'id Tactics, Naval Science and
Tactics, Philosophy, Physical Education
Physics, Political Science, Psychology,
Spanish, Zoology.

(B) Instructors of less than two years'
service shall not be entitled to
vote.

105. (A) . . . The Faculty of the School
of Business Administration . . .
shall conduct the governiaent of their
respective schools, subject, however, to
the rules and coSrdinating powers of the
Graduate Council of the Northern Section.

105. (A) . . . The Faculty of the School of
Business Administration (Berkeley)
. . . shall conduct the government of
their respective schools, subject, how-
ever, to the rules and coBrdinating powers
of the Graduate Council of the Northern
Section

Present Wordinf^

Amended Wording Recommended

7

105. (continued)

under paragraph 105, add new subsection:
(D) The Faculty of the School of Busi-
ness Administration (Los Angeles)
shall conduct the government of the School
of Business Administration (Los Angeles),
subject, however, to the rules and co-
tirdinating powers of the Graduate Council
of the Southern Section respecting gradu-
ate study and the degree of Master of
Business Administration.

112. (A) The Faculty of the School of Busi-
ness Administration shall consist
of:
• • •

(3) All members of the Academic
Senate giving courses pre-
scribed in the curriculum of the School
of Business Administration.

(k) All members of the Academic
Senate giving courses that
form part of special programs accepted
in the School of Business Administration.

129. Editorial Committee

112. (A) The Faculty of the School of Busi-
ness Administration (Berkeley)
shall consist of:

• • •

(3) All members of the Academic
Senate giving courses pre-
scribed in the curriculum of the School of
Business Administration (Berkeley) .

(4) All members of the Academic
Senate giving courses that

form part of special programs accepted in
the School of Business Administration
(Berkeley) .

Renumber § 129 as § I30.

after g 128, add new paragraph:

129. (A) The Faculty of the School of Busi-
ness Administration (Los Angeles)
shall consist of:

(1) The President of the Univer-
sity.

(2) The Provost of the University
resident on the Los Angeles
campus .

(3) All members of the Department
of Business Administration

(Los Angeles) who are members of the
Academic Senate.

{k) One representative from each
of the following departments,
to be chosen by the department: Agricul-
ture, Anthropology and Sociology, Busi-
ness Education, Economics, Education,
Engineering, Geography, History, Home
Economics, Law, Mathematics, Political
Science, Psychology, Social Welfare, and
one representative each from at least one
department in the natural sciences and at
least one department in the humanities, to
be selected by the appropriate divisional
dean after consultation with the depart-
ments concerned.

(B) Instructors of less than two
years * service shall not be en-
titled to vote.

I

Present Wording

Amended Wording Recommended

8

172. Graduation iMatters 172. Graduation Matters

(a) This conunitteo shall consist of (a) This cowuiittee shall consist of

the . . . Dean of the College of the . . . Dean of the School of

Business Administration . . . Business Administration (Los Angeles). . .

DIVISION II: REGULATIONS

20:

four

There ure established in Los Angeles 201. There are established in Los Angeles
four academic colleges: thi-ee academic colleges:

(B) The College of Business Adminis- Repeal subsection (B) . This sub-
tration, with a curriculimi of section is covered in 208 (d), new sub-
years, leading to the degree of Bach- section.

elor of Science and a graduate curriculum

of at least one year leading to the de- Reletter subsections (C) and (D)

gree of Master of Business Administration, as subsections (B) and (C).

203. There are established the following

schools, with curricula bcsed on
two or more years of undergraduate work:

232. Regular graduate status in the

Graduate Division, Southern Section.
(a) A student is admitted to regu-
lar graduate status in the
Graduate Division, Southern Section, on
the following conditions:

(2). . .or he must have com-
pleted an undergraduate curriculum equiv-
alent to one of the curricula leading to
the degree of B.S. in the Colleges of . . .
Business Administration ...

Title VI. School of Business Adminis-
tration
337. To be admitted to the School of

Business AdLiini strati on, students
must have at least junior standing in
one of the colleges of the University
or an equivalent thereof satisfactory to
the Faculty of the School cf Business
Administration .

208. There are established the following

schools, with curricula based on
two or more years of undergraduate work:

add new subsection:

(D) The School of Business Adminis-
tration (at Los Angeles), with
a curriculum of two years, leading to the
degree of Bachelor of Science and a
graduate curriculum of at least one year
leading to the degree of Master of Busi-
ness Administration.

Reletter subsections (d) through (O)
as subsections (E) through (P) .

232. Regular graduate status in the

Graduate Division, Southern Section.
(a) a student is admitted to regu-
lar graduate status in the
Graduate Division, Southern Section, on
the following conditions:

(2) delete "Business Adminis-
tration." This is covered
in § 232, subsection (A)(1).

Title VI. School of Business Administra-
tion (Berkeley)
337. To be admitted to the School of

Business Administration (Berkeley),
students must have at least junior stand-
ing in one of the colleges of the Univer-
sity or an equivalent thereof satisfactory
to the Faculty of the School of Business
Administration (Berkeley).

Present Wording

Amended V/ording Rec ommended

338. The Faculty of the School of Busi-
ness Administration is authorized
to grant advanced standing to studentij
admitted to the School of Business Ad-
ministration who have completed work
which is (a) in excess of that required
for junior standing and (b) equivalent
to part of the requirements of the cur-
riculum of the School of Business Ad-
ministration.

Title XVIII. Graduate Divisions

338. The Fiiculty of the School of Busi-
ness Administration (Berkeley') is
authorized to grant advanced standing to
students admitted to the School of Busi-
ness Administration (Berkeley) who have
completed work which is (A) in excess of
that required for junior standing and (b)
equivalent to part of the requirements cf
the curriculum of the School of Business
Administration (Berkeley) .

Renumber: "Title XIX. Graduate Divisions"

377.

Title XIX. Registration

Renumber as g 379*

Renumber: "Title XX. Registration"

Article 6. School of Business Adminis-
tration.
698. (a) The degree of Bachelor of Science

will be granted on the following
conditions:

(2) The candidate shall have com-
pleted, in the School of
Business Administration . . .

(B) The Executive CoiiTmittee of the
School of Business Administration
shall recommend for Honors . . .

add new title:

Title XVIII. School of Business Adminis-
tration (Los An^^^ieles)

377. To be admitted to the School of
Business Administration (Los Angeles]^

students must have at least junior stand-
ing in one of the colleges of the Univer-
sity or an equivalent thereof satisfactory
to the Faculty of the School of Business
Administration (Los Angeles).

378. The Faculty cf the School of Busi-
ness Administration (Los /jigeles)

is authorized to grant advanced standing
to students admitted to the School of
Business Administration (Los Angeles) who
have completed work which is (a) in excess
of that required for junior standing and
(B) equivalent to part of the requirements
of the curriculum of the School of Busi-
ness Administration (Los Angeles) .

Article 6. School of Business Adminis-
tration (Berkeley)
698. (a) 'The degree of Bachelor of Science

will be granted on the following
conditions :

{?.) The candidate shall have com-
pleted, in the School of Busi-
ness Administration (Berkeley) . . .

(B) The Executive Committee of the
School of Business Administration
(Berkeley) shall recommend for Honors. . .

Present Wording

Amended V/ording Recommended

10

Article l8. College of Business Adminis-

t rat Ion.
825. Study-List Limits.— A student who

is not subject to the provisions of
paragraph 1332 may present a study-list
^Cigregatin^ 12 to I8 units per semester
without special permission as to quantity
of work, save that in his first semester
of residence the maximum shall bu I6
units. A student with any deficiency in
the work of the previous semester, but
who is not subject to the provisions of
paragraph 1332, is limited to I6 units.
All courses in Military Science and
Physical Education and repeated courses
are to be counted in the totals.

Article 13. School of Business Adminis-
tration t,LQi3 Angeles).
825. (A) The degree of Bachelor of Science

will be granted on the following

conditions :

(1) The candidate shall have com-
pleted at least 1^8 units of

college work, and shall have satisfied
the general University requirements of

m ^^65, hbT, 469, 471, 473, 475.

(2) The candidate shall have com-
pleted in the School of Busi-
ness Administration (Los Angeles) 68 units
of such work as the Faculty of the School
may prescribe. This total may be reduced
in the case of students admitted with
advanced standing (see | 378).

(3) The candidate shall have com-
pleted satisfactorily such

courses, and shall abide by such study-
list regulations, as may be prescribed by
the Faculty of the School.

{k) The candidate shall have satis-
fied the requirement of a
field of concentration in the School of
Business Administration (Los Angeles). A
field of concentration shall consist of a
series of related upper division courses
as specified by the Executive Committee
of the vSchool.

(5) The candidate shall have
maintained at least a "C"
average in upper division courses in Busi-
ness Administration and Economics and a
"C" average in all courses offered as con-
centration (taken at the University of
California) in satisfaction of the require-
ments for the degree of Bachelor of
Science in Business Administration.

(B) The Executive Committee of the
School of Business Administration
(Los Angeles) shall recommend for Honors
or Highest Honors such students as it may
judge worthy of that distinction.

827. Regulations as to the approval of 827. Repeal. Covered in 825 (A) (3).

study-lists shall be such as may be
adopted by the Faculty of the College.

330. The degree of Associate in Arts in

the College of Business Adminis-
tration will be required for admission to
the Upper Division of the College. It
will be granted to students who have com-
pleted 6k units of college work, with a

830. Repeal. Covered in 377 •

Preaent VJordin^^
830. (Continued)

grade -point average in all work done in
the University of not Ickg than 1.00 (a
"C" average), and who have catisfied
requirements (A) to (C) bclov;. While
some of these requirements may be satis-
fied by work in the high school, v/ork done
pr"'or to graduation from high school v;ill
not be counted as part of the 6^ units.

(a) General University Requirements . —
See paragraphs Vfl, ^1-73, W]2-506.

(B) Foreign Langiaage and Natural
Science. —

A total of 16 units, including a
minimum of four units of language and four
units of science. Not less than six units
of the requirement must bo taken after
matriculation .

(1) Foreign Language. — The lan-
guaf-e credit approved for this requirement
must be taken in one language only. VJith-
out reducim^ the total number of units re-
quired for the degree of Associate in x'Vrts
or the Bachelor's degree, high school work
with grades of "C" or better and not dupli^
cated by college work will count as follows:
foi-u- units for the first two years to-
gether, and four units each for the third
and fourth years. The requirement may
also be met by passing a proficiency
examination in one language. Courses
given in English by a foreign language
department may not be applied on -uhis
requirement .

(2) Natural Science. — A list of
courses acceptable in satisfaction of this
requirement is published in the annual an-
nouncement of the College; this list is
subject to revision by the Executive Com-
mittee of the College. Each year of
chemistry or physics completed in high
school with grades of "C" or better will
count as three units in satisfaction of
this requirement. Not less than three
units of laboratory science must be in-
cluded, to be selected from high school
chemistry, high school physics, and the
current list of approved science courses.

(C) Required Courses. —

1) Principles of Economics

2) First-year English

(3) Elements of Public Speaking
Ik) College Algebra

(5) Mathematics of Finance

(6) Elementary Accounting

(7) Economic Geography

Amended Wording Recommended ^"^
— ■ -

(A) Repeal, Covered in 82S (A) (l)

(B) Repeal.

Wording

/iicended Vordin^ Recommended

12

635. The degree of Bachelor of Science
will be granted \ipon the folloving
conditions:

(a) The miniMffli nusber of units co»»
pleted shall be 12o, of which at
lec-st 122 shall be in coiirsee taken from
the College of Business Administration
List of Courses; for grade-point require-
ment see paragraph 471.

(B) The candidate shall have been
granted the degree of Associate

in Arts in the College of Business Adminis-
tration.

(C) The candidate shall have satisfied
the general University requirement

of paragraph 475-

(d) After the receipt of the degree of
Associate in Arts the candidate
shall have completed at least 50 units of
college work chosen from the College of
Business Administration List of Courses of
which at least 36 units shall be in upper
division courses.

835. Repeal. Coverca in 325,

(2) The candidate shall have completed
the following courses:

(1) EconoBiics of Enterprise

(2) The Enterprise in an Unstable
Economy

(3) Business Statistics

(4) Business Law

(5) Adranced Accounting

(6) Money and Banking

(7) Elements of Production Jfenage-
ment

(8) Elements of Personnel Manage-
ment

(9) Elements of Marketing

(10) Organisation and Management
Policy

(11) Special Elective in Business
Adtadni s t rat i on

(12) Special Elective in EconoKiCB

Candidates for graduation in and after
June, 1950, shall hare coE$ilc-ted req^uire-
laents (E)(2) and (S) . Candidates for
graduation in and after February 1951,
.11 have ccaapleted reqiiirementa (E)(7)
-. (10) . Until February, 1951, candi-
dates shall hsve coopleted either
"Organization and !fenagement Policy" or

1,

Pri

— rJ

122

Amended Wording Rocoircnended -^3

835. ( c on^ mue d )

"Business Organization." \ rtudent inriy
select any ■ r division course in Busi-
ness Administration net listed in his op-
tion or not used to meet another require-
ment to meet requirement (e) (11). A
student may select ariy upper division
course in Economics not used to meet loi-
other reauirement to meet requirement

(E) (12).'

(F) The candidate sliall have satisfied
the requirement oT an option in

the College of Business Administration.
An option in the College of Business Ad-
ministration shall consist of a series of
related upper division courses as speci-
fied by the Executive Committee of the
College.

(G) The candidate shall have completed
at least six units in Social Sci-
ence ch; . . from a list of courses prepared
"by the Executive Committee of the College.
TMs requirement may be met at any time in
the undergraduate program. Courses taken
to meet the general University requirement
in American History and Institutions may
elLbo be used to satisfy the social science
requirement .

(E) The candidate shall have taken at
least 12 units of electivcs out-
side the Department of Bus-iness Adminis-
tration chOfcjen from the College of Business
Administration List of Courses. These
electives may consist of either lover or
upper division courses. This requirement
may be met any time in the -Lin. der graduate
program., but may not include courses used
to meet any other requirement of the Col-
lege of BuEin- -- ' ''T.inistration.

6^0, The Executive Committee of the Col- 640. Repeal

lege of Busiaeaw Administraxion
shall prepare and annually re-vlse the Col-
lege of Businetffi Administration List of

COUTBOB.

dk^* Honorable Mention shall be granted

\Tlth the degree of Associate in Arts
to a student who atxains at least sji aver-
age of two grade points per uixit
t_ ... Such student shall remain in
Status unleBB his averaf^e for all work at
the end of any semester falls below two
grade pcirtr jier unit undertaken.

&k-j

Repeal

Present Wordings

/,-

Ing Rocoimr - -' -^

Ik

850. The Executive Committee of the

College Khali reconmiend for Honors
or Highest Honors such students as it may-
judge worthy of that distinction.

850. Repeal. Covered in 825 (B)

83^.

Students registered in one of the
following schools: Architecture,
3uEiTjuss AdBiinibtration, Education (Ber-
keley), Education (Los Angeles), Forestry,
Jurisprudence, Law, Librarianship, Med-
ical School, Optometry, Public Health,
Social Welfare, Veterinary Medicine, or
in the College of Business Administration
arc governed in their choice of studies by
the rules of that school or college.

1030. The degree of Master of Business

Administration (M.B.A.) will be
granted on the follovang conditions:
(a) Requirements at Berkeley:
. • •

(2) A candidate who tos not com-
pleted the basic require-
ments for the Bachelor of Science degree
in the School of Bu^^iness Administration

• . •

(3) The candidate shall have
completed . . . courses ap-
proved by the Faculty of the School of
Business Administration . . .

{k) The program of work of each
candidate shall be under
the supervision of . . . the School of
Business Administration . . .

(b) Requirements at Los Angeles:
• • •

(2) A candidate who has not com-
pleted the basic reqiiire-
ments for the Bachelor of Science degree
in the College of Business Administration

885. Students registered in one of the
following schools: Architecture,
Business Administration (Berkeley), Busi-
ness Administration (Los Angeles), Educa-
tion (Berkeley), Education (Los Angeles),
Forestry, Jurisprudence, Law, Librarian-
ship, Medical School, Optometry, Public
Health, Social Welfare, Veterinary Medi-
cine, arc governed in their choice of
studies by the rules of that school.

1030. The degree of Master of Business
Administration (M.B.A.) will be

granted on the following conditions:
(A) Requirements at Berkeley:

• « •

(2) A candidate who has not com-
pleted the basic require-
ments for the Bachelor of Science degree
in the School of Business Administration
(Berkeley) . . .

(3) The candidate shall have
completed . . . courses ap-
proved by the Faculty of the School of
Business Administration (Berkeley) . . .

(4) The program of work of each
candidate shall be under

the supervision of . . . the School of
Business Administration (Berkeley) . . .

(B) Requirements at Loj

es:

• • •

(3) The candidate shall have
completed . . . courses ap-
proved by the Faculty of the College of
BucinesE Administration. . .

(4) The program of work of each
candidate shall be under

the supervision of . . . the College of
Business AdminiB^ration. . .

1275. (B) In the CollegeB of . . . Busi-
ness Administration . . . and
in all other colleges, schools, or divi-
sions . . .

(2) A candidate who has not com-
pleted the basic require-
ments for the Bachelor of Science degree
in the School of Business Administration
(Los Angeles) . . .

(3) The candidate shall have
completed . . . courses ap-
proved by the Faculty of the School of
Business Administration (Los Angeles). . .

(k) The program of work of each
candidate shall be 'under
the supervision of . . . the School of
Business Administration (Los Angeles) . . .

1275. (B) delete "Business Administration"

15

(Effective date of the above recomnendations: Upon approval of the above recommenda-
tions by the Academic Senate, it is hereby provided that the Announcement of the
School of Business Administration (Los Angeles) carry information of this reorgani-
zation no later than the Spring 1950 publication, and that the curricular require-
ments of the School of Business Administration (Los Angeles) become effective with
respect to entering students in September I95O: it is further provided tlmt the
Executive Committee of the School of Business Administration (Los Angeles) has
authority to recommend candidates for the Associate in Arts degree in Business Ad-
ministration for a period of time, not to exceed September 1952, in order to fulfill
commitments to students now pursuing the present Associate in Arts degree program
in ohe College of Business Administration.)

Respectfully submitted.
For the Faculty,
Neil H. Jacoby

REPORT OF THE COMMITTEE ON COMMITTEES

To the Academic Senate, Northern Section:

On behalf of the Committee on Committees of the Northern
Section of the Academic Senate, I report the following changes in
committee appointments for 19^9-50:

Advisory Committee on Inter-Campus Medical Teaching and Research:
C. E. Smith to replace W. M. Hammon

Schedule Cominr'ttee: M. Mocnitz to replace T. D. Stewart, on leave
in the Spring Semester 1950.

Respectfully submitted.

For the Committee on Committees
THOMAS B. STEEL, Secretary

Berkeley^ February I6, 1950

larch 4, 1950

Dear Senate Ilcnberi

The follo*;;in^' ir»r-^ortant bvsinesn ccnccrivlnf.' tiic lovalty oath v;as tro.nsactod at a
general rp.eetin^ of roii-Ser.ate Acadciiic E-;..plcyeos on ?riuav, :::.rc'.i 3j

!• Pacced h" a vote of 110-1:

ft

accord

ip.r-co T/ith the •:)Ow^iticn or th<^ Acalor.ic Sr^rjxte of the Uiitvercity of

TTo "believe that acade:?/lc freedom ir.ears that a scholar ic to Ve Judged solelv
on hiG profecoional co::rp itenoe and pcrforr.ance in the acadenic field;

We bel-^'cve the Rc-ents* -no] ic" o:". er.'olo^^nent as enunciated on Jun-^ 24, 1949

and the lo'-alt^- oat!' to in-ile'ne::t t'lic r)clicv are in direct conflict v;ith the

principles of acadouvlc fresdcn r^id arc detrhuental to the cause of free edncation
ever^^rjhere ;

Wc ach all to join 7;ith us in donandinf. that the policy end oath be rescinded^"

A notion fron the floor to op-;)oce the oath birb not the policy fa 'led to receive a
second.

2. A

tt -I .

o;-.'

'the -University" r.eetinc to re held in the near future under joint spon-

crship of c'.ll recognized cnnnus organizations that r/ish to participate v/as approved

3. A rec^luticr. was passed u:-ianir..ouslv ur^in^; Govenncr "V7arren "to consult -wTith
leader-; of coin"''. vn.it y and university organizations, and to sseh their advice and
reeonriendation? in order that hi" t-.70 ne^.v appcintr.ents*"(replacinr' Kc^er.ts Giannini
and Fleir:hhachcr, v;hose teiTis have expired) niay better represent the ii-rterests
and Y/elfure of the -oconle of Galiforria."

4« The Stcerinr Coix.iittee secured re^ieral ar/:-:rc\'^l of errolorations ivith th^ faculty
concerning a possible arreer^ent for rTOxi'p T.'ithd-^^a-val of services in the event t/'iit
any raer.iber is^Mred for 'not sirninr: the cath> Reflect in- the -roup feeling that
these ?.:er-ju^oS did not -o far enoui-h, a r-^sclntion v/as rade fren the floor, and
ane ndc d , to t he f c 1 1 ovri np, c f f o ct i

Hot ion J

"To e:r-^res3 our sentinent as to the desirability of v/ithdra-.Ta 1 of our services
to the university in the event that any of our mcr.bers is fired for not signing the
oath."

Amended I

''This to be a shav7 of sentir.ient not novr binding on each individual voti.nf:, in
order t:. indicate to the faculty our desire for united action alon^, these lines."

This resolution T;as massed 146-2.

Aa-tiailC S.^m.aTE, liOiiTHEidv SF.CiJOI^
E::cei-ptj fron Resolutions pasned on liovembcr 7, i9U9.

"The Acadenic Senate, Northern Gection, rearilrino its position regarding the
loyalty oath taken at its reetin^: on SepteTtbcr 19, l:^l!9« In i'rture discussions
v;hich may be held with thn .iegents ref;ardinf^ the oath, representatives of the
Senate, Nortncrn Section, should bo guided by the two resolutions passed on
September 19, 19.1;9."

The text of those two resolutions follov;s:

1. "The faculties assembled in the Senate, Northern Section,
wholeheartedly concur in the University policy as set forth in University
Regulation I.'uTiler 5 v.'liich prohibits the einplo^Tnent of persons v;hC3e com--"
mitTi^iits or oblip:ations to any orgaiiization, Comr.urJst or oLher, prejuoice
iripartial scholarship and the free pursuit oi truta."

2, "The members oi the Senate I'equest ^km privilege of affirming their
loyalty/ +0 the principles of free constitutiojial government, by subscribing
voluntarily to tr*e oath of loyalty sworn by ofiicors oi public trust in the
State of California."

"In welcoming the opportunity to continue discussions with the Board of Regents,

the Academic Senate, Northern Section, vn.shes to make entirely clear its position

v/ith respect to the folla-ing matters:

'*The Senate approves the a^reemeiit betv/een the .».c:viv'^ ory domniittees and the
Board oi liogents upon the 'objectives of th« Univerrity ?olic}r excluding
raembei'S of th^^ Comrr.uni.it Party from emplo^Ti-'nt' in this h'niversity, but
em.phr.sizes that it is the objectives oi 'im^>artial scholarship and the
free pursuit of truth' whicu are being approved, not the specific policy
barring employment to mcmijers of tne Communir.t Pfirty solely on the grounas
01 such r.embership, "

Contents :

I.

r.xcorpts fro^ the Stotn of Ceilifornin Conrtitution

II. iii^.erioan AnsooiHtion of ^Iniv^rsity Profesc:ors» Position
on Acadomic Freodom

III. Phi Peto Knppo's Stritement of Polio^^ en Freedom of Teaching

IV. American Association -^or the /.dvoncement of ccicnco,
Statement on Civil Liberties of Scientists.

I, Excerpts fron the Constitution of the Ctote of California!

A. Article IX, section 9:

"The University sholl be entirely independent of all political or sect-
arian influence end kept free therefrom in the appointment of its Regents and
in the administration of its affairs ..."

B. Article XX, Section 7^\

"'••embers of the Legislature, nnd '^ll officers, executive and .-judicial,
except such inferior officers as may bo by It.v/ oxe::ipted, sholl, before they
enter uron the duties of their respective offices, toke and subscribe the
follo^vinf; oath or affirruc^tion:

"'I do solemjily sv;e8r (or affirm, as the case m.ny be) that I v:ill supoort
the Constitution of th/-; United States and the Constitution of the State
of California, and that I vdll faithfully discharge the duties of the office
of , according to the best of 7\-^ ability.*

"And no other oath, declaration, or test shall be required as a qualifi-
cation for anv office or nublic trust."

II, Excerpts from the Official "osition of the Am^erican Association of

University I-rofossors on /»cacom:ic Frf^edom:

«

A. Report of Committee A for 19'-8 passed unanimously by the Council of the
Association on October 29 - ?0,^ 1948, printed in the A.A.^\P> Bulletin,
Spring, 1949. pp 5C-57.

"The fourth section of the report of the Comm.ittee for 1947 is concerned
with the purport of the following paragraph of the 1940 Statem.ent of Principles
on Acadomic Freedom and Tenure:

"'The college or university teacher is ^ citizen, a member of a losmed
profession, 'ywd. an officer of an educational institution^ When he sneaks or
v/-rites as a citizen, he should be free from institutional censorship or dis-
cipline, b-;,t his sp'-'cial position in the community imposes special obligations,
As a man of Icarninf-; and an education'-.l officer, he should remember that the
public may judge his orofossion and his institution by h.is utterances. Hence
he should at all times be occurnte, should exercise appropriate restraint,
should shov/ respect for the opinion of others, and should m^«ko every effort
to indicate t])ot he is not an institution'-.l spokesr^an. ' "

- 2 -

"The lan^a^e of this statement was intended to and does leave the teacher
free to advocate his own political and social views within the linits of law-
abiding citizenship and professional pro-oriety. This statement is intended
to safe-niarc the teacher from the tendency, ever present among some groups,
to say that "because of his function he is not as free as other citizens to
promulgate his political or social views and that he cannot affiliate with
groups of which other citizens are rightfully members.

"The general conclusion reached in the deliberations in reference to the
Communist party mooted in the report of the Com:nittee for 19^7 vas that 'guilt
in personal.' This statement was said to meant

"'..•If a teacher, as an individual, should advocate the forcible overthrow of
the government or should incite others to do so; if he should use his classes
as a forum for communism, or otherwise abuse hiv^ rc-lationshiiD vrith his students
for that purpose; if his thir.kJng should show more than normal bias or be so
uncritical as to evidence professional unfitness, these are the charges that
should be brought against him. If these charges should be established by
evidence adduced at a hearing, the teacher should be dismissed because of his
acts of disloyalty or because of professional unfitness, and not because he
is a Commiinist, So long as the Com unist Party iu the United States is a
legal political party, arCfiliation with that party in and of itself should
not be regarded as a Justifiable reason for exclusion from the academic
profession. '

"In this connection, to quote another statement from the report of last year,
the Committee said that 'this Association regards any attempt to subject
teachers to civic limitations not imi^osed uioon other citizers as a threat
against the academic profession and against the society which the profession
serves. ' "

B. S^ammary by Ralph B. Kimstead, General Secretary, A.A.U.P., in a letter
printed in the A.A-U.P. Bulletin, Autumn, 19^9.

"The test of a principle is in a crisis. The tests of the princi'oles of
freedom vouchsafed us in the Pill of Rights of the Constitution alv/ays come
during periods rcwgarded by some as crises, in which it is argued by some that

the principles are not applicable because the situation is unus^aa-1 The

Annual Reports of Com^.ittee A (on Academic Freedom and Tenure) for 19^7 and
19^8 make^ it clear that, in the light of the facts then knovoi to the Committee.
it was the considered judgement of the Committee that the factor of comm^onism
in the academic profession did not warrant either the abandonment of the long-
standing principle in Anglo-American law that gi^ilt is personal or the aban-
donment of the well-established principles of academic freedom and tenure,
which assure the maximum of freedom for the individual, limited only by the
bounds of professional and civic propriety and a full measure of due process
to the individual in sit^jiations in v/hich his exercise of freedom is called
in question. ..."

"The formula, guilt by association, is not only too elementary to be ef-
fective, but it is also dangerous — d^^ngerous because those who endorse it
are in effect inviting legislatures to assist in finding members of the aca-
demic profession who are members of the Communist Party by such means as un-
America.n activities investigations, t^^achers oath laws, examination of text-
books by legislative committees and kindred measures. The rationale of this
formula is the rationale of un-American activities investigations, teacher
oath laws, and legislative examination of textbooks, all of which are inimical

t

- 3 -

to the integrity of our educational institution?'. It is also 'becpuse of this
consideration em^ other pertinent considerationn , f^iscussed in thp Report of
Conrnittee A for 19^7 » that wo of the Committee re<sard the formula, fi^uilt b/
association, and those who endorse it, as lacVrin^ in realism ''

III. PlvL J? ejt a^ .Knr.pa ,_ 0 tfi i.qm '-in t cfJPplicj_pn^jTP^:± ^m of Teaching :

(JoinUy^'iscuee by Phi Betr* Kap-na's E:.ecutive Committee and Committee
on Qualifications*' on June 13, 19^9. Printed in Thr- Key P.eporber,
Autumn, 19 ^^9- )

"As a Society committed since 1776 to the promotion of liberal studies
and the ideal of freedom in education, Phi Beta Kappa is firmly opr.osed to
efforts, from either the extreme right or the e:^treme left, to restrict within
our institutions of learning the impartial analysis and evaluation of any and
all literary, political, economic, social or religious tenets."

"The never-ending search for trath by the open and inquiring mind is a
basic necessity for th-^ survival of the democratic way of life. To the funda-
mental concepts of OUT democratic tradition, including the freedom to teach or
jjublish the results of honest and competent innuirjs the over.^helming majority
of colleire teachers are deeply devoted. To imT^ose upon them loyalty tests not
required of other profeccions, or for outside non-prof essional bodies to in-
vestigate their professional competence or inl>$:rity, affects adversely the
morale of both college toacbers and their stude«it£i. In institutions where
such practices obtain, teachers are being inttciidated and students are being
led to believe that colleges dare no longer engage in the disinterested pur-
suit of truth, but m.ust become instrciments of propaganda. Phi Beta Kappa is
bound to be concerned v/hcnevcr conditions prevail in our schools and colleges
v/hich threaten in such ways the Aiiierican principle of freedom of teaching,"

"The Committee on QMalif ications is required by the Society* s constitu-
tion to inform itself regarding the status and practices of institutions
sheltering chapters of Phi Beta ICappa which ir^^y jeopardize the Society's
ideals and to report such practices to the Society for appropriate action."

"The Committee feels thpt at this time it is especially important to call
upon all the institutions with which its chapters are associated to v;ithstpnd
the emotional pressure, from whatever quarter, to substitute dogma for critical
analysis. "

IV. Am erican As sociation for the AdVc^ncemient of Science :

(Lxcen^ts from a Statement on Civil Liberties of Scientists released by
the Co^jncil and E-ecutive Committee of the A.A.A.S. and printed in the
Augijst 19, 19^9 issue of Science^. The Statement specifically deals with
the Federal Loyalty Order, Executive Order No. 9835')

1. "If the Loyalty Order is to be retrained, 8 drastic revision is essential.
Instead of focussing on an employee's ac-.sociations , it should focus on his
behavior in overt acts."

2. "Jndre Cardoza onco v^rote, ' i'lrperimentation there m^ay be in miany things
of dieeT) concern, but not in setting boundaries to thought, for thought freely
communicated is the ineispensable ccndition of intelligent experimentation,
the one test of its validity.' "

- k

3. "Unless' there is elimination of thp Order's present emphasis on attitude
rather than conduct, the nation will suffer heavily from the present loyalty
program.

II

U. "Until the Loyalty Order deals v^ith the way employees act, rather than with
the way they suTDposedly tnink, we shall inhihit the freedom and encourage the
insecurity of our public servants. The cost will in the end "be home, not hy
the employees who are deprived of their normal freedom to helieve and hehave
as they wish within the limits law has set - it will oe home "by the nation,
as a whole. "

i; fused
< It was
^: again this

No Progress on
UC Loyalty Oath

No progress was evidenced yes-
terday in settlement of the loyalty
oath dispute between regents and
the faculty of the University of
California.

Committees of six regents' and
six professors met in an all-day
.(Closed session at the Crocker Build-
j'lng. They emerged glumly and re-
comment.

learned they will meet

. ^^„ „ morning, prior to a

^'gathering of the full Board of Re-
^1 gents at 3 p. m. today.

Mr.rch 6, 1950

TO:

MEMOIR ^I^DUM

The Frcviltles oC the ITnlvers'lt-^,' cf Crlif'orni*^ on the
Berkeley, hr\rir. end 5 rn "rrncjisco c^moures.

FrOM: The Confei-ence Cc^-nltteo - Vvenaell vi . S.\:vnlej, Pobert /.

uo

rdon, Joel /• Hildebrrad, Malcolm Fi. Davidson, Chpiman

Desoite t>ie frilnre of our Mission we hf^vc felt tht^t it w??:3
pri-t of cur tru.^t to cr^iry on until the i'-Cr?uemic Pen-^te meets on
Tuescl'^y, Mrrch ?. i^.-^'tex thr. Pe';.cnte ultim;::tuT. of February 2% •
your Conference Comn-ilttee, hf.vln,^ cccir'ed co coa^-inue to seek
its ob ^'ectives, called tornMher t^' e derns ^no depprtment&l chr.ir
men for hulp and rrulaanco. Three such meetin;:T;s Isve heen. hi^^ld -

on

Sunday, February ?b, Tuerd?y, c-«.jrurry :^., riiC x^r^Cfc.y, Mrrch 3.

/t the fii'st mei^tin,:; it \'m doci red to present tlii frculty^s case
to the -oTjhlic rnd to exoloie lorri remedies. /t the Tuesday
meeting, the cierns (-na depf rtmentol cl'.pirmen -- some 31 i-'-^ number--
unanimously endorsed pnd slQ;n..d h s'cf: tenant of policy rp^^erning
cbjucti^'es to he sought. This statement h.?.s been widely cir-
culrtcd rnd over '4.OO si^pr- lur<..s of members of the /ccdcmic Cenr.te
h&vc been rpp ended. Wo eclievc thf-t thic signifies thrfc our
r-ctiviti^8 to f'^rte m-..Lt with the e.Dprovai of thu .-^rcat mr Jority of
the faculties. /t the mcetin.j; cf the deans r^nd department r1 chair-
men ft v;hich the strtemont of policy wps endorsed, r committee
wns set UP to trke such stops rs would bu necessary to mrke effec-
tive the policies of the) Conference Committue as develops 0 in
consultation with representatives of faculty opinion.

-c -

s

-An Or)errtinii Committee wos e5'trblishi.d under the chair-
manphip of Frofe^-or John D. Flicks one conristing of Profeesor
R. J. Sontpg, Morrough P. O^Brlen, Griffith C. Evans, Stephen
C, Pepper, Francis A. Jenkins, Lesley E. Simpson. Thir Opera-
ting Committee in turn appointed two committees to deal with
the finpncial f^spects of our program. First of all a Custodial
Committee was selected, consisting of Professors Robert B. Drode,
Chairman, John D. Hicks, and A. R. Davis. This committee
is to keep account of contributions, establish a brnk account,
authorize expenditures, and on completion of our tpsk to return
unspent balances to donors in proportion to their contribution.

Secondly, a committee was set up with responsibility of
collecting funds, acknowledging contributions pnd turning money
over to the Custodial Committee with proper records. Professor
Frrnk C. Nev^man, School of Jurisprudence, is Chairman of this
committee. Both of these committees have been put in full opera-
tion. Contributions are to be sent to Professor Frank C. New-
man (?6S7 Shasta Road, Berkeley P) and checks are to be made out
to ^'TFii F/CULTY COMMITTEE".

/ Press Relations Committee wrs set up by the Operrting
Committee. A Legal Committee has also been organized. This
committee is actively engaged in making a close study of legrl
remedies available to the faculty or to its individual members.

Your Conference Committee is hard at work preparing a re-
port to present to the Senate on Tuesday. We are trying by

-3-

con'^-.ult.'- L ion to br.'- r r ■■■n.-^rt l1 rt the

r^

"■•(;. i

to err: frolic 1

/ r.iiopoit

IT 15^ CF TT £ UTMOST J^JPORT/NCi. Tli^T i^LL Mi.MDjLRS yvPTii^r^D THU

ME:iTING OP TITS /CA::ELnC r^EN./*Ti^, >^0RT]-]:F^ riCTIOl^, ON M/PCIi 7, A

rn

1|: 10 I^^ ;VFT:;ELj:R /UDITOKI'IIv

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w V. 1 i L

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t.criri'n'-d for d .c

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ec -to con.e oy the \-iGdorn of tb

e

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Gn.*~'tc ' 5^ '■ c

ction on thrt

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ou clor^r your cGlr.ndrr frcn ):.:10 ?

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ori /,

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th(' Sf.apto moctln-^ riid RP[a-!n TaROUiLOUT Tl'i DILi::-EK^T10

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fo;/ iiiuc}i nioriCY ^'i

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lu.iroa

to project tlic faculty or indivldu-lc. v,].-^ ^^.. •Tnj-.rr.-j ;:iol.::lY

J

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c t i on

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Crlifornio. Litlirrti

on I'^r^i

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n of i^n^-junt b?;lrnci:s. Check*? rhould

bu .nrcc; o^iL to T

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ir' A -^^ T " r '^w

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y

U4. 1 Gov.ivilTT^r.

end m'^il

c to Profa?r;o:

•n- v- r> 1 1

rr )]: C. IJownir'n, ?6'^7 Fhartp Rcr

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ici 32

9

of the Durrnt T^ot'l. If you 1

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let u? know

-'»• •

i^so

/ -

y

PFCPOSED R2SCLLTTI0N ^Y THE
COTTPtRI^NCE COMMITTEE, N.

The Pre S3, dent be re que

ted to trrnpmit to t>ie Eoero. of Regents

the foilowlm:^ resolution, v:hich rhtll ?^.lro be irsued nc a piibllc

st£:te.<nent

T}i e /. c r? d e '.'n 1 c T e n.

tc, Northern w':ecti on, hrs repeatedly e:^pl•esced

1

ts aoorovc.l of the University policy \.hich piohibits tbe ouploy-
rnont of pGr::ons whose coii^'r.it-iientr. or oblir:;^Lt :' ons to any or,^;^
Conrnunirt or other, oro,j

cr n <

iization

ud 1

j.:r

an or t I'M

r^'i'

SC'.:0.1.^.I'Gnip

'Tv.

t

orc^iin/-:

(r

rnd

the free pursuit of tr;ith„ / hut it co.nnot accep

the

jecir..L earn

-H"

Q C '■)

.nd the rroitrcry cis-ii-ss

s oat].

1 of loT^l -leri.berr: of the f faculty fo.

\:\

rofusRl to si^:.n

of exclu(M.n..-: mernbei'

ororujr me?.uis of implement in

o

p o 1 i c y

f the CoaiminiFt Prrty from eniplo;^7r-ient in the

Univorcity, for th^. f ollov in^ ren

on

<x •

1

^?y. c

cono TDrrt of the oi'th Is ^.t once diEcriminrt:' on rf^ainst

the faculty in rel^'tion to other Dublic servrnts and a ccnoletely

rt. vcntin ;-• the Dene tr '*' L i on of the Cormi.uni s t

neffectual n

t'':'Od oi p

Party fnto the faculty

c: «

It ip un;usG and a violation of es^ablirlied prj.nc.'ples o

acacem?-c -or.: v

ilore and tcnar: to (\y s:\nirs

u

and without

Icval iiiembers of th<

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c

Itv

si "iplv and sol' I7 because

b

f

earin:^
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.ise

to pi ^n the

con.d pai^t of the orth

/

Continurtion of tbe present con cr over r:;y can only i

rr^ic

consequenc

^\^1

tb.

!• e c o p:n 1 1 i on C) f t h e

T1

v^L If are o
e n t s ^ a t '- 1 '

be University, Therefor^., m
ntE of Fobr-<ar;y 2^9 195^

(1) That "any me^iber of the faculty who is or sbrll become

a meriber of the Communist

■n r

± '■

rty

s viol

the terms on

V,

IC

he

1

poni

e

mDloyed, and is not entitled to tenur'. , vh icb. involves res-

bilities as veil

PI- '.vilr,res

no sh? 11 bu diar.iis sod

tcr

tVie fr-cts ^rve been established by the University administr? tion.

vhich sbrll consult with the Com-^iittec on Privile

b^

•nd T.>nure of

the Academic >Senate, but only
embei^ship in tlio Comm.unist Party

to the aduQuacy of the evidence 0,

m

fi

/

nd

(2) That "the responsibility for judging members of the frculty

is a comm.on concern of

the frculty, of the President and 01 thr:

'J 9

Rencent

in accoi-d with th

tv.r,uS of UnivL.i^city h^o-ulrt

-1- 'w/

n i;.o

:^9

orcmulriated in revised form Jim^- Ip, 19^-^^ T-*^ Regents will, tliere-

fori

ri

to th

ir T:r

itiona.l orf'Cticc; of taicin;?; no action

r,:^ainst any member (yr the frculty on grounds other th.^^n muTibership
in the Communist ParLy without I'ef erring the c'sc throu^rh the
President to t^^e Com'nittee on ?rivilrt\"e rnd Tenure of the /cademic
£en-;te for full findin^-s and recommends tions as in the p-'St,''

Th

0 Acaoemi

c Scnrte, T^orthc rn Section, reqr^osts th-'^t there

be substituted for th

prt. son'

orth the f rl]y.v;in'g requir-mients

1, /.ll members ef the Senate v;lll subscribe to the constitutionr 1

th of loyrlty sworn by oi'ficers

WX

f orni

s pr-^scribed in /rticle XX

public trust in the State of Call-
Section 3, ef the Constitution

of th.; Stat-

f Calif -mi

>- •

o

Pll future Ic tt:rs

c c e p

u <

nee of salrry r^.nd position will

contain r. statem.tnt that the pers'^n c.-.^ncorned accepts such position
subject to the Un5verslty policies einbodi^.d in the Regents » resolutions
of October 11, l-;lfO, and June 2lj., 1949> ^"^xcluding members of the
ComTiunist Prrty from empi'-;yrnent in the University, and in Univc^rsity
Regulation 5, endorsed in the Regents' statement of February 2l\., 19!:>0,

lHui

> '^ ^- >

i ^

^5

195:0

JV

TC:

T^:^ pnciiltief' of tYiQ Ilniverrity of Caiircrnir on the Berkeley,

l-'.JL

:i , end ijrr. PiTnci::?co Ca.npu?on.

TnCyi:

'-I r^-

^ovor •

.. Profe-pors Grimth
'. P- O'Brien, Stephen C.

Oner 0. t i n ^'^^ C '.'■ rn Ti i 1 1 c e o x
^v&ns, rrrncii:- /. Jenklns:, in. x-
p^-...:^>.._ j^r.-ley b. S'^nnsen, Raymond J. ^ontag,
D. ./Ks, Chalr-nrno

nc' Johr

'11^.0 i-^pcrt Ij: dorip^neci to Icoco yuu Ini'oitTied f^bout the

devei .::r.-,?r ::c; in our offor^ts to fi^ttle our dlf Terences with the

Bofi-d of i{..p;ents oT the Uxiiveisity of Ci.iirornir.

The ^nenbcrs of the faculticG 01 t^^e University who mut

fc]lov;iuc

0 : ^ e

Tu:?:cny rfterncon session of t^:e J^c^rdemic Sonp.te,
KcrV.-- 3->.:Mon, instrect^.d th^^'-x- inornbers of tho f realty \;h^-
rre ^u-:hiL'^i- rf the CoiL:aitt^e on Co.rmltt(. cs to cnpcint r policy

-ork vvith the Corn-nlttc : '~i S^.ven. This wrs con-
it wrr d:.ciacd thrt, in Ox cicr to shnnlify probl^.:nG

j,d li^jiiom, it would be bojvL to ^sk tiic Co.n:nlttco
.vcloct {'r:.:'! tji^ir own nu-ibcr n sub-c^-.Tnittee for

cormiit

S'i d^ ;'C

I ^

onrc r-en;.

-. -7- r>, 1 - -• ) •--) ■ O ^.*. O

Th(; Ccn^aittuo of Sovc n hris s-l'. cted such f^

oi' c
o! r
n'':': i _ .

co:r^T:-- tv... - . :.. conf^lLhc :)f Froft^ssors Froncns A, Jonkins,
Gten}i^'n 0, Pocpor, LoiJey B. Si.inson rnd J-'-hn D, Blc':-:s, Chairm'^n.
T? ■• :^ C^r>j.oli.tre' will survo, not ?^r r succJ3i-roi- to the Conforenco
CoiroiiLteo wh.ic.0 re-ports' d t th^ rot.etinr^ >f the fcrdcnlc S^n^te

7^ 1-,,-h rs f:. ?ra icy-Ex^cutivu Co>x?:nir t^*. fv^r thu r^ hoc^

■> ,1 - I

1 c e V.L X c j'

The Corruiiittce of Sevcjii hos issu. d the follov^in;;; statenent:

"Every mother jf the frculties of the Univ^.rsity of Coli-
t' r-o:*; brs on otlig^-^tion to the University rnd to the
prinojnlo of ocrce.nic rosp' ^nsibility for wl.lch v\re h'^vo
bov-.n '/villi.np: to engage in our present struj;i;gle. During
the pro sent we-'-k every faculty ri ember v;111 b«; called upon
to c^o'^.t his v ;te rn tvo pr:-.positions • Th .. first of these
■will ■}r':-nose sccept'~nce .f the so-called C'"^nference C-rriTiittce
f OL-^a'.;la as f substitnto foi' tn^^ Pogonts ' ';"th* Th ^ sec:-nd
of tnc.?o v/jdl or-./oos . .xorussi:)n of tht- faculties ' attitude
c 0 n^- ^ : n 1 n ^t^ t h o D r v i s - Ii 1 c !<: s - S t r n 1 e y R e s : 1 u t i ■ n :

''IIo person whose coniLi tiiu.nts "■•r obliga i:ic.ns to rny
c r p; '■■ n i z r t i o n - - c • • .r ^un i s t c r ;■ t h e r - - or < . j u d i c e
i ■'^;nrti' 1 scholarship rp^c\ th<: fr.>o pursuit cf truth
v;i.l] be emplov^d bv the Univ-.rsity . Proved .members
c ^ the C .-rriLrmii s t ? •" r ty by 1 ^ ^ 3 on of s ucn c or:Bai tincn t s
to thrt n^-rty, r^re n.. t rccept?..tle .is in embers of the
f ^foolty. ^
Our heli.f is th^t the iss\i(-.s r-rt. cl^-.rr snd hpve been fully
debpttd. V.hilo d.oabtless "T^'JUiV-nt will bo brou.c;ht to beor
^•" O' S'-urcus b th \,' ithin one v;ithcut the foculty, every r.irn
rno wr^mrn pr.irnrr us "ju-:,ht t' v^t^ on l ach pri.posol accord-
imr to his convicti :)n„"

THE CCMUClTTir^E OF SEVEN.

- ? -

The br.ilots contrinlnn; the prcpc^sltifnG tc bo 5?.ubm.1.tt6d

the

J. «

«- r»

y i^n--

V -'t

1 bo in

no

Is by Mr^ndny (.voning

T!i !> i • -

r^t b«

r.ni.
Northern

will bo coun

rct-urn^.d f ) tbo Secret

eCt

on

D

Y ^:'-»0 0

IX , ,

1 t h t3 S c :" u ^ n 1 c b

nrt'

u

i^rcn cT

le The brlljts

t>-^d ':n V^ednosdrv, Mn.rch 22 sLrrtirj^ ^'t 2:00 -^ , -i

The

u

GJ'^rij ttoo

ho^'dcd by ?r..fcc:7Ji

■D -•

i 1 j-

Jenninn;?, m-p-t^i

is cr^ntinuing to inv

cs th'^' fcliowin.^ ptntc^mcnt

Urn

h

rno

:«^rr^>l Crmimittee

f^. +-

remodies nvrilnblo f r tho v^'o-

tection of inaivfdu^l jriembers cf the fr.cnlty in the event thr.t

tr> '->

lution to tbe -nrescnt c:ntroverry cnnnct bo resolved by
rns in thf; icrni-idir to future, Fu:-tJror rnn )iui cement

ether rrj.

c )n c c rn 1 n ,?, thi. p r r> [■ r ess of t li i s C .A-'aT: i 1 1 o e w ill b >

quently

rar do

;ub se-

tt

The Funds C o^.mittce h«^s rsked us te re:rnina these who still

.1 '

vo n'

»_ ^ ^ 1 w

ra

PL ir

v^ ^

.Jllll

Fi^CIJLTY CG:'ir.IITTi^

Tl

ntribuLlons th; t chocks pryrble t
should be st..nt t- Profess jr Frpnk C

No\^

'•>-vi r:. r~i

■^ 3

26B7 Shratr Ror.d, Burktley 9, Cr,llf..rnir

L'.pr

- I-

On G^au

a V. c.

7

Jrrch 11

thr^

u

n 1 1 e^.Tit n , r 0 0) r- c s e n t i n t^

groun of ancnjci
sent en to th^^ Fc

ti

euo "Citizens -£ th^ Acraemic Co/ii^unity, " pre-

nf»

C

ulty at t^n-^ii -.rfic

m

th

e i^'urrrit

Hotel

gift -f one thr.usrnd nheot

heodinc'

■J} 9

'HE FAC'JLTY C

•rnrrt
X 1

f b >na lettorherd. Under the
LE^ mivmZlTY CF CALIFORi:iA, rpncrrs

the f ^' j Icv/ino" auotrt

'jsn*. ct
i^nr^n d

t^Vl

.nfuciu

CT •

V

T- r*

•^▼

CI

mRn d

t him: If you

appoint

■♦- r.

^ 1

SDOC

V

T "r-

THE F;CULTY COIvIMITT

m

i^X-/

EFUL

UlCIVERSITY OF CALIFORNIA

ACABrJvlIC Si:r^IATE, NORTHERN SECTION

To Members of the Academic Senate, Northern Section:

At the meeting of the Northern Section held on March 7, 1950 the
Section directed that tivo propositions be submitted to the entire membership
of the Section for vote by mail ballot* In p-ursuance of that direction there
is enclosed here-v^i-th a ballot on v/hich each member is requested to vote "For"
or "Against" each of the propositions listed belor;. The ballot, when completed,
sho^jld be deposited rdth the Registrar, at Berkeley, in the manner described
on the reverse of the ballot form.

Proposition Namber 1. A resolution of the Committee on Conference vdth the
Regents offered by its Chairman, Professor M. M. Davisson, which the Northern
Section of the Academic Senate on March 7 directed to be circulated to all
members of txhe Northern Section of the Academi.c Senate for vote by letter
ballot. The text of the resolution of the Conference Committee to be voted
upon is as folloxvs:

The President be requested to transmit to the Board of Regents the
fcllovrLng resolution, Tvhich shall also be issued as a public statement:

The Academic Senate, Northern Section, has repeatedly expressed its
approval of the University policy ^vhich prohibits the employment of
persons whose commitments or obligations to any organization, Comm-jnist
or other, prejudice i-iipartial scholarship and teaching and the free
pursuit of truth. But it cannot accept the special oath, and the
arbitrary dismissal of loyil members of the faculty for refusal to sign
this oath, as proper me-ans of iTi^lementing a policy of excluding mem-
bers of the Comnrjnist pLirt^- iron employment in the University, for the
follovring reasons:

1* The second part of the oath is at once discrimination against
the faculty in relation to other public servants and a completely in-
effectual method of preventing the penetration of the CoiiErunist Party
Into the faculty,

2, It is ^jnjust and a violation of 'established principles of
academic privilege and' temire to dismiss, and without a hearing, loyal
members of the faculty, simply and solely because they refuse to sign
the second part of the oath.

Continuation of the present controversy can only have tragic
consequences for the welfare of the University. Therefore, in recog-
nition of the PLegents' statements of February 24, 1950:

(1) That ^'any nenber of th^ faculty v±o is or shall become a
awifoer of the Communist Party has violated the terms on which he is
employed, and is not entitled to tenure, which involves responsibilities
as well as privileges, ar.d shall be' dismissed, after the facts have
been established Irj the University administration, which shall consult
with the Committee on Privilege and Tenure of the Academic Senate, but
only as to the adequacy of the evidence of aeajbership in the Conmrunist
Party e " And,

2.

(2) That "the responsibility for judging members of the faculty
is a common concern of the faculty, of the President and of the Regents,
in accord vn.th the terms of University Regulation No. S, promulgated
in revised form June 15, 19hh» The Regents will, therefore, adhere
to their traditional practice of taking no action against any member
of the faculty on grounds other than membership in the Comnunist Party
vTithout referring the case through the President to the Committee on
Prf;Vilege and Tenure of the Academic Senate for full findings and
recommendations as in the past."

The Academic Senate, Northern Section, requests that there be
substituted for the present oath the follo^ving requirements:

1. All members of the Senate vail subscribe to the constitutional
oath of loyalty s^Torn by officers of public trust in the State of
California, as prescribed in Article XX, Section ,\ of the Constitution
of the State of California,

2, All future letters of acceptance of salary and position will
contain a rtatement that the person concerned accepts fuch position
subject to ths University policies embodied in the Regents' resolutions
of October 11, 19l;0, and Juno 2li, 19)-t9, excluding members of the Cons-
raunist Party 'from ■^mplo^rment in the University, and in University
PcOgulation 5, endorsed in the Regents' statement of February 21, 1950»

Proposition r-omber 2, A resolution offered by Professors A. R. Davis, J, D.
Hicks and L', Id. Stanley at the meeting of March 7, 19^0 T^ich the Section
directed to be circulated to all of its members for vote by mail ballot, as
follows :

No person vrfiosc coimnitments or obligations to any organization,
Corara^anist or other, prejudice iiig:)artial scholarship and the free
pursuit of truth "fcvill be employed by the University* Proved members
of the Communist Parts^, b^ reason of such commitments to that Party,
are not acceptable as memb-jrs of the Faculty.

(Arguments For and Against this Proposition are attached.)

THOIiAS B. STEEL, Secretary
Academic Senate, Northern Section

Berkeley, March 13, 1950

(3, '50-1275)

3.

AHGm^IT FOR PPDPOSITIOIJ NO. 2

Supporters of this Resolution agree vdth the following argument
stated by Arthur 0. Love joy, fo^onder and first 3ecretary of the A»A«U.Pf,
in the American Scholar (p. 332 ?ln the Svunmer number, 19U9):

1, Freedom of inquiry, of opinion, and of teaching in uni-
versities is a prerequisite, if the academic scholar is
to perform the function proper to his profession.

2, The Communist Party in the United States is an organiza-
tion i-vhose aim is to bring about the establishment in this
country of a political as vrell as an economic system
es3entially similar to that "A'liich now exists in the Soviet
Union •

3, That system does not permit freedom of inquiry, of opinion,
and of teaching, either in or outside of universities; in
it the political government claims and exercises the right
to dictate to scholars what conclusions they must accept,
or at least profess to accept, even on questions lying
within their o^vn specialties - for example, in philosophy,
in history, in aesthetics and literary criticism, in econo-
mics, in biolo.g^'',

h» A member of the Comiiiinist Party is therefore engaged in a
movement which has alrea^ij'- extinguished academic freedom in
man;:^' countries and ^rould - if it were successful here -
result in the abolition of such freedom in American univer^
sities.

5» No one, therefore, v:ho derdres to maintain academic freedom
in America can consistently favor that movement, or give
indirect assistance to it' by accepting as fit members of the
faculties of universities, persons who have voluntarily ad-
hered to an organization one of whose aims is to abolish
academic freedom*

ARGir.ENT AGAinST PROPOSITION ?!0. 2

h.

Roconmcndation for a "no" vote on this resolution is based (1)
on the belief that professional fitness to teach or engage in research
should be determined by an objective evaluation of the quality of an
individual «s mind, character, and loyalty and not by his political or re-
ligious beliefs or lawful associations: and (2) on the belief that the
proposed resolution, if passed, vrould contradict the above principle and
would put the Senate on record as favoring a political test,

A statement of this same argvjnent against a political test and for
academic freedom was made by the Committee on Academic Freedom and Tenure
for 191^8 of the American Association of University Professors and published
in the "Bulletin" 19k9, 35, 1, 56-57. That statement read as follows:

"• . •. If a teacher, as an individual, should advocate the
forcible overthrow of the government or should incite others to
do so; If he should use his classes as a forum for communism, or
cthen^ase abuse his relationship with his students for that pur-
pose; if his tliinicing should shoi/ more than normal bias or be so
uncritical as to evidence prcfessiDnal unfitness, these are the
charces that should be brought against him. If these charges
should be established by evidence adduced at a hearing, the teacher
should be dismissed because of his acts of disloyalty or because
of professional unfitness, and not because he is a Communist, So
long as the Communist Party in the United States ?s a legal party,
affiliation with that party in and of itself should not be regarded
as a justifiable reason for exclusion from the academic profession, ^»

Resolution offorod by Fr. Bronson

The Resolution which I am ebout to offor is not, as I see it, a controversial
issue. I shall submit it in the belief that every menber of this Senate is equally
corairitted to the principles underlying it, and to the carrying out of those princi-
ples. It is far from my vjish or intention to bring any unfriendly charges against
the Committee on Privilege and Tenure, for the members of which I have nothing but
respect, and admiration, and personal friendliness. I desire neither to impugn
motives nor doal out blame, and I hope that it will be possible for every member
of the Committee, as well as for all other members of the Senate, to approve this

resolution.

The simple fact is that five members of the Ivorthern Section of the Senate
were severed from this body last summer, on the sole and single ground that they had
refused to cooperate with the Coinmittee appointed to intervievj them. Their refusal
to do so, v;e must believe, v/as a matter of conscience and principle, for it has
never been suggested, from any responsible quarter, that any one of them was either
disloyal or derelict in professional duty.

To acquiesce in their dismissal is, therefore, for this Senate to acknowledge
its surrender of a most precious hum.an right: the right to act in accordance with
the prompting of individual conscience and moral principle. It is unthinkable that
any member of the Senate, committed as we all are to the devoted pursuit of truth,
would patiently endorse the imposition upon himself and his colleagues - for every
one of us is involved - the imposition of a new and sinister clause in the growing
list of conditions to be met if tenure is to be allowed and maintained: namely,
the boggy ground of "Cooperation" as a decisive test of fitness, even where Coopera-
tion crosses upon moral and intellectual principle.

In the personal belief that it was not the intention - whatever the issue - of
any member of the Committee to recommend dismissal of any mer.ber of the Faculty on
the solitary ground that he would not cooperate in conference with that Com.mittee;
and in the hope that those Committee m.embers will themselves join with the rest of
the Senate in determined opposition to the establishment of a condition of em.ploy-
mont so iniquitous as oooperation against conscience,:

I offer, as a substitute for Resolutions (a) and (b) of the Committee on Aca-
demic Freedom, the following Resolution:

1. Resolved that:

In receiving the report of the Committee on Privilege and Tenure, which has
been placed on file, the Academic Senate, Northern Section, express its gratitude
to the members of the Committee on Privilege and Tenure for their effort to safe-
guard justice and the welfare of the University in the hearings of non-signers.
The Senate is aware that this effort had to be carried out, in the vital interests
of the faculty, under circumstances which m.ede it extremely difficult. Recogniz-
ing the obvious limitations under which the Committee had to work, the Academic
Senate, Northern Section, hereby instructs the Committee (l) to make further in-
quiry into the cases of the persons whom the Committee did not recomriend for re-
appointment on account of lack of cooperation, and (2) in the absence of evidence
of membership in the Communist Party, to make favorable recommenda^tion to the
Administration for the restoration and continuance of those individuals in their
respective positions.

B, H. Bronson, Professor of English

J. E. Fontenrose, Associate Professor of Classics
Carl Landauer, Professor of Economics

C. B. Morrey, Jr., Chairman, Departm-ent of Mathematics
R. Y. Stanier, associate Professor of Bacteriology

Bailee! oy, Caliion.ia
L'larch 14-, 1050

Dear Co?u league:

The enclosed material 13 cf vital concorn to ycu. It irclvdes:
I. A re:.ort on t]i6 unu;jual actious of tv>o Rcirainictrative enu^oyces at
the last regular Fieutinf of ITon-Senatj Aoarlenic Enyloyees on 'Jarch

10, 1950.

II. An analvL'is by the i^.S.j\.E. Steering Coirunittee of the Academe

Senators action of i.'Iarch 7, IT: 50.
III. The rcGolution on acaderdc frocdoir' passed by the N.S.A.E. on llarch 10.

I. REPORT EY ThE STEERKIG CGilKCITTEE ON TliE IBETIIK; "Ii:Cir)E:TT. "

A general mer.iberGhip meeting of the N.S.A.E. wa3 hold on Friday, March 10, in
Room 11, Vmeeler Hall. A--i.roximately three-quarters of the v/ay tia-ough tho busi-
ness of the meetirg, a member announced to the group that there w:.re persons pre-
sent who 77ero takin^ doTs'n tne nar.es of participants and cheching thein in tlie
University Directory. The Chair inn.ediately ajhed that the men identify tncn-
selvcs end th.n leave the lao.Ung. After a.a-1^ opportunity to explain their ac-
tions, the inen did not respond to the request. The two individuals v;cre bhen
nointed out by the inember v:ho had originally anr ounce d their presence.

The Ch-\ir rer^eated the reouest and there v:as still no response. The Chair then
asked the Seiveants -ab-Ams to escort them froi.i the meeting. A further requect

r-^S"* ^

A.t ro

^.,pc :rpr-i^ th«t the men surrender the list of na-ies in their ponse

point in these proceedings did the men identify themselves or explain their actions

at the r.eeting.

Ser-eants-at-Arms then attempted to obtain the lists in question and tv-. escort the
->en"from the room. At this pcmt one of the men, identified by ILS.A.E. inembers
as Robert Johnson, Administrative Anaiyst-S, Office of the Frecident, dashed for
the exit. As the Sergea.it-nt-Anr.s approached lir. Robert Johnson, he quickiy
stuffed his notes in a pocket and gave every indication that ho would engage in
physical combat to kee^-. his name list intact. Ko ran out of the room vritn his
list while the other nan, identified by TI.S.A.E. members as Clyde Johnson, Voca-
tional Guidance Counselor in thu Office of the Dean of Students, remained seated
throughout the remainder of the meeting. After this incident, the X.S.A.E. con-
tinued vvith its agenda.

It is obvious that this incident contains serious imolications to the basic free-
doms'^of all members of the university comr.unity, particularly at this time. The
mere knoTrledge that administrative employoos e.ro occupying themselves vdth such
matters serves to intimidate all university employees.

There^'oro we have r.^quested that President Snroul and the Academic Senate inves-
tigate this incident, ard secure asrurances that our freedom of a3:.embly and dis-
cus^iicn nlll be protected in the future.

Vfc have further requested that disciplinary action be taken vdth reference to
persons responsible for this incident, as an indication that such occurrences are
trul^'^ considered to bo contrary tc university policy.

II. All AN'VLYCIS OF ACTIO^T TAKE!! BY TIIE XCAIIMIC SENATE,
NORTHERN SECTION, OU MARCH 7, 1950.

(A Report to the wlcnbership by the Steering Conuiittee of
the Non-SenatG Academic Employees on karch 10, 1950.)

This r export consists of:

1. A statoLient of principles of academic freedom.

2. An analysis of the Senators action in the lir;ht of these rrinciples.

3. Some conclusions dravm in regard to the significance of the Senators
action.

Principles: ^^ . t . •
Tho^American Association of University Profesjors insists that gv.ilt is per-
sonal." In dealing vTith the question of coinmunisn, it declares that a teacher
should be dismissed because cf acts of disloyalty or of professional unfit-
ness as demonstrated in the conduct of his classes or in his relationship
v.lth his students. The position of the A.A.U.P. is quite explicit: "So lon^
as the Conmunist Darty in the United States is a le-al political party, affili-
ation Tdth that party in and of itself ohould net be reprded as a Justifi-
able reason for exclusion from the academic profession."

petcnce and performance in the academic field."

Academic Senate Action

lTie~Academic Senate, liorthern Section, v;as faced vdth at least two appeals

v/hon ib convened on March 7, the one as stated in our resolution askinp, that
the oath and the policy be rescinded, and the onu presented by Regent Ileylan
to the ASUO meeting on Llarch 6, in these words:

"Let us find out who objects to a resolution in the follovang form:
Resolved, that the Academic Senate approve without qualification the
policy of the Regents adopted October 11, 1940, and reaffirmed June
2i, 1949, excluding- Com.r.unist3 from emplo^TTLent in the University.
Until this fundamental question is answered, the University vrlll be
under suspicion. I urge earnestly chat we deal with this matter
mthout rancor and mth a determination to restore the great pres-
tip;e of the university."
In response, the Academic Senate submitted three resolutions to its m.ember-

chip.

RESOLUTION I v/as paesed unanimously and reads as fcllcv/s :

''The Academic Senate, Northern Section, cannot accept tlie special
oath and the arbitrary dismissal of loyal members of the faculty for
refusal to si.q^n this oath as a proper moans of implementing a policy
of oxcludiuK; members of the Communist party from employment in the
university for these reasons:

"1. The second p'vrt of the oath ia at once discrinii nation

against the faculty in relation to other public servants,
and a oompletoly ineffectual method of preventing the

Denetrati'on of the Corrimunist party into the faculty.

1.

(3)

"2. It is imjust and a violation of established principles of*

academic privilege and tenure to dismiss, ana without a hear-
ing, loyal members of the faculty simply and solely because
they refuse to sign the second part of the oath,"

This resolution, while rejecting the oath and arbitrary dismissal for failure
to sign the oath, implies acceptance of the non-communist hiring policy of
the Regents. It directs its criticism at the ineffectiveness of enforcing
this policv.

the
the

Its second criticism is directed at the discrim.inatory application of t
oath to the faculty in relation to other public servants rather than to
undomocratic character of the oath, regardless of the group to v;hich it is
applied.

RESOLUTION II was submitted for later vote by mail ballot and reads as

follovrs :

"All members of the Senate mil subscribe to the constitutional oath of
loyalty sxvorn by officers of public trust in the State of California as
prescribed by Article 20, Section 3, of the Constitution of the State of
California,

"All future letters of acceptance of salary and position vdll contain a
statement that the person concerned accepts such position subject to the
university policy embodied in the Regents » resolution of October 11, 1940,
and June 24, 1949, excluding members of the Ccmmi;nist party from employ-
ment in the university; and in University Regulation No. 5, endorsed in

the Regents' statement of February 24, 1950

tt

The first paragraph of this resolution accepts the constitutional oath of
allegiance. The second paragraph accepts em.ployment subject to the hiring
policy in the Regents' resolution of 1940 and to University Regulation IIo. 5.
In accepting the first of these conditions, the Faculty 'vdll have:

1, acquiesced in the application of a political test and the doctrine
of guilt by association,

2, committed itself to the surrender of constitutional rights in regard
to political affiliation.

This is in direct contradiction to Regulation No. 5 v/hich states:

''The University respects personal belief as the private concern of the
individual. It equally respects the constitutional rights of the citi-
zen. It insists only that its members, as individuals and as citizens,
shall likev/ise always respect — and not exploit, their University
connection. "

RESOLUTION III v/as also submitted for vote by mail ballot and reads as fol-

lov/s :

"No person whose commitments or obligations to any organization. Com-
munist or otherwise, prejudice impartial scholarship and the free pur-
suit of truth will be employed by the university. Proved members of
the Communist party, by reason of such commitment to that party, are
not acceptable as mem.bers of the faculty."

(4)

Should this resolution be passed, the faculty vail have responded to Regent
Neylan»s appeal by approving the Regents » policy of excludin: members of the
CoiTiF'.mpst party from emplo:yTrient at the i^r-iversity. By go doing, they vail
have explicitly approved political tests for teachers and the application of
the doctrine of guilt by association; they vdll have cop.pletely rejected the
principles of the A.A.U.P.

Conclusions ^ ^ ^ , ...

ShT^Ta the Academic' Senate determine to govern itself by such regulations:

1. It viill have moved in nine months' time from a position of opposition to
the Regents- policy to one of full participation, at its ovo request, in
a policy which violates the principles upon iThich it once took its stand.
Formerly it vms asked to acauiesce in .^osoible purges vMch the Regents
v/ould administer; nov;, the Senate itself ucuid accept responsibility for
the expulsion of ncnconf onidsts. Everyone v;ould be forced to share tne
guilt of violating principle.

2.

3.

4.

It will have decided that the traditional standard by -vvhich scholarship
is judged mil not applv. This standard is that scholarship is a public
oossossion; as such, the test of its competency is in the degree to v;hich
it can meet any and all onen criticism. It ^:ould now appear tiiat v:e m.ust
e--am^ne a teacher's political affiliations in order to evaluate his
scholarship. In this v'ay, suspicion is cast upon all past scholarship
T/hich has not been ;30 judged.

It -:'li have claiia^d that Political corjnitment to the Communist party
automatically prejudioos impartial scholarship and the free pursuit of
truth. This v/ou] d ignore the obvious fact that commitments of any kind,
political, religious or social, vdll have the same effect.

It v;ill have indicated its belief that it is possible to exclude one
P-roup from full participation in academic life mthout endangering the
rights of remaining groups. History proves that this is a fatal illusion.

III. RESOLUTION ON ACADEL^C FREEDOM. PASSED BY TEE I^SAS Oil k7.RCIi 10, 1950

We, the Non-Senate Academic Employees, vdsh to reaffirm our opposition to the
special loyalty oath and the Regents' policy on employment of June 24, 1949, which
the oath v/as designed to implement,

We T.lsh to make clear to the university comiuunity and the public the principles
on TTldch our opposition is based:

We are not moved prim.arily by considerations of personal dignity, by the^ re-
dundancy of the oath or by resencm.ent against the implied distrust of a loyal
faculty — although these are important considerations. V/e are m.otivated by
broad considerations of public policy, of university v/e If are, of the inter-
ests of students, and our solemn obligations to a free society. It is our
fpa- that such policies, if established and supported by the faculty of one
of the leading universities in our nation, sets a dangerous precedent for all.
The purpose of acadendc freedom is not to confer a private possession for the
individual benefit of faculty members. It is to secure the social advantage
resulting from unfettered inquiry and the disinterested search for truth.

We, therefore, will continue to give our support to all those who uphold these
principles .

Resolution adopted by

The Regents of the University of California on April 21, 1950:

I

The Regents of the University of California confirm and
emphasize their policy designed to bar members of the
Communist Party from employment by the University as
members of the faculty or otherwise, as embodied in vari-
ous statements and resolutions including those of October
11, 1940 and June 24, 1949, which policy is hereby re-
affirmed. The Regents are gratified that the Academic Sen-
ate, both Northern and Southern sections, has concurred
in this policy by an overwhelming vote, reported on March
22, 1950.

The Regents have given further consideration to the most
effective methods for the implementation of this established
policy, and it is their view that the objectives previously
defined and announced can best be achieved in the follow-
ing manner:

After July 1, 1950, which will mark the beginning of a
new academic year, conditions precedent to employment or
renewal of employment of American citizens in the Univer-
sity shall be (1) execution of the constitutional oath of
office required of public officials of the State of California
and (2) acceptance of appointment by a letter which shall
include the following provision :

Having taken the constitutional oath of office required
of public officials of the State of California, I hereby
formally acknowledge my acceptance of the position *> J
ondftokHry Aomed, and also state that I am not a mem-
ber of the Communist Party or any other organization
which advocates the overthrow of the Government by
force or violence, and that I have no commitments in
conflict with my responsibilities with respect to im-
partial scholarship and free pursuit of truth. I under-
stand that the foregoing statement is a condition of
my employment and a consideration of payment of
my salary.

Inasmuch as aliens are not lawfully subject to an oath of
allegiance to the United States or the State of Cahfornia,
their letters of acceptance shall be drawn without reference
to such oath but shall otherwise in all respects be identical
with those of American citizens.

In any case of failure to sign the constitutional oath and
the prescribed form of letter of acceptance the right of
petition and review (referred to below) will be fully ob-
served.

The foregoing is intended to govern employment and re-
employment after June 30, 1950. For the balance of the
current academic year, to wit, until July 1, 1950, account
must be taken both of the large majority of faculty and
employees who have subscribed to the loyalty oath of June

10»n-4,'50(B98498)

24, 1949, and of the minority who have not. The Regents
have on various occasions indicated that an alternative
affirmation would be accepted from the latter group if in
form approved by the Regents. It is hereby provided that
execution of the constitutional oath of office required of
public officials of the State of Cahfornia, and acceptance of
appointment in the form herein stated, will be acceptable
affirmation in lieu of the oath of June 24, 1949.

The Secretary of the Regents shall promptly mail to all
facuhy members and employees of the University new let-
ters of acceptance of appointment for the academic year
1949-50, containing the text of the provision set forth
above, and accompanied by the text of the constitutional
oath of office of the State of Cahfornia. Acceptance in the
form prescribed shall be obligatory for all who have not
filed with the Secretary the loyalty oath previously required
by the Regents. Those who have already taken the latter
oath need not follow the described procedure for the cur-
rent academic year but may do so if they wish. In such case
the oaths to which they have subscribed may be withdrawn.

In the event that a member of the faculty fails to comply
with any foregoing requirement applicable to him he shall
have the right to petition the President of the University
for a review of his case by the Committee on Privilege and
Tenure of the Academic Senate, including an investigation
of and full hearing on the reasons for his failure so to do.
Final action shall not be taken by the Board of Regents
until the Committee on Privilege and Tenure, after such
investigation and hearing, shall have had an opportunity to
submit to the Board, through the President of the Univer-
sity, its findings and recommendations. It is recognized
that final determination in each case is the prerogative of

the Regents.

In order to provide a reasonable time for completion of
the foregoing procedures, the Regents hereby fix May 15,
1950 as the date on or before which the constitutional oath
and contract form shall be signed, and June 15, 1950 as the
date on or before which all proceedings before the Presi-
dent and the Committee on Privilege and Tenure shall be
completed and their findings and recommendations sub-
mitted to the Regents.

The regulations and procedures herein enacted, as ap-
pUed and enforced by the administrative authorities of the
University, will henceforth govern and control over all
previous actions of the Regents to the extent they may be
inconsistent with such previous actions to the end that the
policy of the Regents and the Academic Senate barring
members of the Communist Party from employment in the
University may be fairly and effectively implemented.

^ fn^^W^.sr ^ k^ftr^] ft^iC^^ f^j?.KAoc< J^s

/, /)VT /€ J-^t-*-^ ^\ '^^f "^"^^

.,-, .^r")

3/iS th« current m*thod» of iinplar ent jjng th« H«g«nt»» policy with r^gcird

to membership in the C

Pkrty Jricive t^i^^**^ rise to eerioue coi.trorerey between
groupe whose devotion to the University cannot be questioned and should be Modified
not only to restore harciony but to ixicrease the effectiveness of the accepted policy i
Therefore be it resolved t

(1) that the special declaration in the contract of employment with regard
to membership in the Communist Party or other organistation that advocates the over-
throw of the Grovernment by force or violence, as provided by the vote of \pril 21,
1950, be discoutlnued as applied to appointiants for the current aoademio year and
in the future, and tiiat letters of notification and acceptance as in 1949 t;e
followed with the additional ret;uir©ment that the State "Oath of allegiance for
Civil Defense > orKers and Public ^ployees", generallor referred to as the "Lovering
Oath", if not already executed, oe tak^n aiid subscribed to.

(2) that the iilegents' policy to Oar members of the Comronist Party from
employment by the University is again emphatically asserted.

(3) that the Academic 3enate, as part of its recognized respoiisibiiity
for maintenance of a competent and distinguished faculty, be advised tnat it will
be exj^ected to conform to this policy in its recommendations for appointments at
all levels and to impie/rent the accepted policy in an effective manner; and

(5) that approval of specific appointments recom^aended by the President with
tte advice f the \eadsMio Senate will not be granted by the Rsgents where it has
been established to the satisfaction of tlie Board that the appointment of the
individual In question would violate the policy stated by the iegents and over-
whelmiiigly endorsed by the academic Senate with regard to mesibersidp in the
Communist Party or other organisations that impose restrictions upon impartial
•cholarship and freedom to seek the truth*

\

UNIVERSITY OF CALIFORNIA
BERKELEY

FOR THE INFORMATION OF THE FACULTY

COMMITTEE ON PRIVILEGE AND TENURE
(Northern Section)

Report to the President of
the University dated June 15, I95O

PART I

(This is first and general section of a larger report. The remainder,
Part II, consists of findings and recommendations in individual cases.)

Committee on Privilege and Tenure

P. M. Barr C. Kerr
G. C. Evans W. L. Prosser
F. A. Jenkins H. B. Walker

S. Daggett, Chairman

C 0 M LI I T T E E ON PRIVILEGE AND TENURE

(Northern Section)

REPORT TO THE FRESIDJT^T OF THE UNIVERSITY OF CALIFORNIA

In pursuance of the Resolution of the Regents of the University of

California adopted April 21, 19^0 •

Composition of Cor.^ailtco

The Cormidttee on Privilef^e and Tenure for tlie
Northern Section consists of seven members, ivhose names are
as follavs:

!• Percy M» Tarr, Professor of Forestry and Associate I-'orester

with Agricultural E>:pcrinent Station*

2« Griffith C. I>anc, Professor of liathenatics.

3» Francis A. Jenkins, Professor of Physics.

U. Clark Kerr, Professor of Indu'^trial Rclrtions and

Director, Institute of Industrial Relations.

V/illiam L. Prosser, Professor of Law and Dean of the

School of Jurisprudence.

6. Harr^r E. Walker, Professor of A^pricult^oral Engineering

and Agri cult -oral r.nginoer in Experiment
Station, Davis CanpuSo

7. Stuart Daggett, Professor of Transportation, Chairman.

(a cc:.ipletc statement of the record
of Comnittec members is attached as
an appcndijc to the General Report.)

All of the members of tlrie Committee signed the oath
required by the Regents on June 2U, 19u?. All of them arc
in sympathy with the Regents' policy of excluding Communists
from the University, and voted to su.pport it in the mail
ballot of the faculty taken ear?-y in 19!>0.

-1-

II

Procedure

The CoiTjnittce on Privilege and Tenure, Noi^thcm Section, has
conferred mth the members of the Coinmittee on Privilege and Tenure on
the Los Angeles caripus and with the members of the Comrittee on Academic
Freedom at Berkeley,

^^as

The last drte for signing the Regents' contract of employment w
liay ll?th. The Co:i.dttec on Privilege and Tenure held its first hearin{j
on I lay l6th« The hcai'ings have continued up to and including June 9th •
Tliey have varied in length from three-quarters of an hour to more than two
hours, and in no cc^se has a hearing been concluded before it was apparent
that both the Corunittec and the petitioner were satisfied that all relevant
information had been obtained and all views had been explored. The Com-
Liittcc v;as aware from the beginning that continued employment of petition-
ers would eventually necessitate an amended contract or some other special
consideration. Petitioners v:ere therefore in\'itod to state their views
upon this point and also to make any statement which they saw fit mth
respect to possible relations vdth and opinions about the Communist
Party, I'any individuals made lengtliy statements on these matters, which
were followed by full discussion in vMch all members of the Comittee
took part. In accordance vdth the past practice of the Committee5 the
procedure followed v;as informal and the effort of the Committee was to
give the petitioner full opportunity to make his position entirely cleai^.
The Committee encouraged petitioners to explain in detail their reasons
for objecting to the contract of anploymxnt in the form in v.toch it had
been presented. All of them, have done so*

Fifty- tv:o persons appeared before the Committee, of v/hom three
were lecturers and forty-nine wore members of the Academic Senate. This
number includes all menbcrs of the Academic Senate vAiose names have been
referred to the Conriittce try' the President except two persons vvho are on
leave. The Comm.ittee lias, in each case, in addition to holding hearings,
examined official docuiicnts relating to appointment and promotion. In a
few difficult instances it lias consulted Department heads. The Committee
has made no extra-mural investigations.

The Coiimittce submits its findings and recommendations in
individual cases in the second part of this report. All decisions of
the Conrdttee have been unanimous. It presents also, in the first part
of its report, such general observations as it has developed from its
contacts during the past four weeks. These ob solvations relate to the
nature of the gi'oup involved, its general attitude vdth special reference
to Communism, the reasons which have induced members of the group to
refuse to sign the contract of employment, and the Carirdttee's general
c omment s •

mm^rn*

Ill

Nat lire of the Group

The group of so-called ** non-si ^^er 5" includes a range of persons
fron established scholars of national and international reputation to
younger nenbers of the University faculty v:hosc best y;ork is still ahead.
The Acadcnic Senate ncnbcrs, emitting the lecturers, represent a total
of 2;S3 person-years of service to the University, or an average of 9.8
years each. The range in scr\dce varies from 1 to U6 years. The average
a^e of the group is U3«2 years, vdth an age raiige fron 28 to 63 years.
The 1x9 px:rsons reprerrnt 2? areas of instruction from Art to Zoology, v:ith
6 the largest nunber for any sin^^le area and Tdth 18 areas having only
one each. Twenty-ei^.t of the forty-nine persons inter\'iev;cd entered
University service in 19U6 or later. Scs^cn are political refugees fron
totalitarian countries.

/

The record of riilitarj- and public service of the nenbers of the
group has been rcvicv'ed and fo^jind rr^pressive. Of the forty-nine people
concerned, tv:enby-t"o served "^-Ith the amed forces, fourteen c,s coni-
rdssioned officers, one as sn enlisted nan, and seven as ci^/ilian
specialists, T^Yclve others have, at various tines, chiefly during the
war years, served the Govemnent in varying technical capacities, t:^ical!ly
at levels of senior responsibility. Of the 3h individuals in these tv^-o
categories of public service, 26 appear, fron evidence at the disposal
of the Connitteo, to have been given security clearance by redcral
authorities and authorized to T;ork mth classified naterials and inforna-
tion. The 1$ nonbers of the group rho have not had recent f^ovemnent or
ailitary service include five nen beyond the a^e of nilitar;;' duty, fo^^
iroinen, two European refugees, and fom* ethers Tifhosc physical qualifications
would seen to nalce thcni ineligible for v/artine duties either in nilitary
or civilian capacities.

The scholastic quality of the K9 ncn-signcrs is also hi^. - as it
shcnjld be in a najor university such as the- University of California.

AiT-ong the established scholars arc to be found a psychologist,
who has been faculty resorirdi lecturer at Berkeley — an appointnent of
the hi^est distinction — and President of the Anerican Psychological
Association; a leading critic and histori*^! of the literature of the IJth
century; a Tddely Icncnm sp-ecialist in Chinese language and literature; an
interr:ationally Ijionn geneticist Tiho is rated as one of the throe leading
geneticists in the United States; an econordst of core than ordinary
reputation; a niathenatician v.tio has been rated as one of the best
r.athcr^.tical intellects of liis generation; and a distinruished theoretical
physicist. T>ds rention by no TX;ans includes all of the personalities Vtlio
rlr^.t be nancd. ]!en of the tj^pe referred tc have contributed to the
leadership it"iich the University exerts in r.any disciplines. They have
taught effectively and have piiblished largely. They have borne administra-
tive responsibilities in their proicssicn.

The balance of the r.cnbers of the non-signing group h^ave a shorter
and less inpressivc record of acconplishr.cnt than the persons v/ho have
boon just described. The Coixrlttee recognizes then, nevertheless, as
aon and women of character and capacity. The Corrdttee's opinion on this
point is based upon (1) observations in the course of the present hearings;
(2) examination of records; (3) reference to appraisals by faculty nenbers
of higher nmk in connection rlth proposals for prorotion; and (U) in-
quiries and documentation upon appoint roent . ..

-3-

The Ca-TnittcC' Ivir becn*v.exi x:.;prcfsod l^r the ncntal ability of
the- nen and vonan in 1' . r.cconc! -roup rho hr.vc cone before it* It has
found a :- r/il carnc?tncss of piirpose and a professional pride, vhich,
along vrith their aclaevcnents (iThich are not negligible) j augurs well
for their success. These :ien and v/onen have been carefully chosen; they
constitut>c a group vith promise and they have attained results w!:ich are
satisfactory^ for thoir acc" and their experience.

As a result ol it>s ai'^prai.^ai of the character and ability of the
persons in both categories ricmtioned, the Conaittee is convinced that the
University vould suffer seriously if the^se persons were di.schargod vithcut
clear cause. The building up cf a distin^;niishcd faculty is only accon-
plislied over a period of nsny yenrs by t!ie r^ost careful selection. This
result has been achieved at California only by continued and painstaldng
effort on the part of the departments and faculty ccnrdttees. In obtain-
ing nen of the caliber represented here, eacii of uhar. is a specialist
in his cvm field, the negotiations are freqpaaatly delicate and the in-
ducer.cTjts nust be strong. Thus the daiiare to the University rould be
particular!;^'' great if it pro\^ed difficult to obtain nev: persor^nel because
of the conditions under T^iich others had been disDlaced»

IV

Test. irony regarding IJonborrhip in the Coirr.unist Party

The Connittee on Privilege and Tcinure har inquired painstakingly
into the attitude of each renber of the non-j^igning faculty, -with special
attention to the question of noi.ibership in the Coimunist Party* It is
obvious that the Comnittee cannot make definitive findin::s vdth respect to
nenbership, associrtions and corir.dtinents of 5>2 individuals in the cour.'^e
of a mdely distributed examiaation vihich has been conpleted in four v.^ecks.
V/hat it has been able to do vdll be set forth in detail, case ly case, in
the second part of this report, but, in a general wa;»r, the Cconittce de-
sires to call the attention of the President to the attit^jdc of non-signers
first, -with respect to ir-enbcrsiiip in the Coixiunist Party, and second, with
reference to their reasons for refusal to si^ the contract of cnploynent
in the particular f earn in ivhich this contract ncfw appears.

The Coixdttee on Privilege and Tenure has questioned nenbcrs of the
faculty at length rdth I'cgard to their possible ncnibcrship in the Cortriunist
Party or in other subversive associations and with respect to their conrdt-
mentst In all but a fcpx cases, T;here the facts are too fen to porrdt a
judgncnt edthcr wq^y — these cases vdll be separately di-s cussed— the Corxdttee
has cone to the conclusion, v/hich represents its honest opinion on the
evidence before it, that the individual is in fact not a ncnber of the
Connunist Party, oi- of any other subversive organization, Tliis conclusion
has been reached on the basis of several different t^^.'-pes of evidence, one
or more of v^^hich has appeared in each particular case* These are as
follcwrs:

1. In a substantial number of cases the individual occupies or
has recently occupied an inportant position in the rdlitaiy or civilian
establishnents of the United States, in connection vdth v^dch he has been
the subject of federal investigation and has had his record cleared. Per-
sons in this situation have vdllingly stated and described their governnent
connection. They have been disposed to thinl: that the circunstances, so
stated should be accepted as sufficient. The Consnittee agrees vdth this
opinion.

2. In many other cases, the individual has stated to the Corrdttce
that he "was not a neiriber of the Coinnunist Party, did not like Connunists,
had no thought of overtiiro'/dng the governnent by force or violence, and
had no conirdtinents vfeich -would interfere vdth his complete loyalty to the
Um.ted States. In some instances, these statenents yfcre nade to the Con-
mittee in direct relation to the contract of emplcyixnt Ij"/ the University.
In other instances, they "were ncTt made vdth the contract in ndnd, but in
reply to questions asked about national defense or when the individual's
attention had been dravm to sornc comparable situation in wi-iich University
policies were not involved.

3» In other cases, the individual, after extended discussion of
his views, has left no doubt in the ndnds of the Comittee that he v;as not
a Communist, and that his refusal to sign the contract r^as net based on
rienibership in the Conraunist Party or support of Camrunists, but solely
upon other reasons ivldch appeared to him to be valid. These reasons have
been various. Some munbers of the faculty whose services to the Univer-
sity have covered an €Kt ended period (in some cases more than 30 years)
have maintained that their record spoke for itself and that if they were
disloyal the fact should lon^t ago have became apparent. Some individuals

have been so influenced by fonr of interference v^fith their liberty as
scholars that they ]iive not been vallinr^ to m^ke even a declaration v/hich
they strongly believe ivhen it is required as part of a University con-
tract. Others have been affected by Icyaltics to their colleagues. These
people v;ould have been vdlling, in the Conmittee»s judgment after full con-
sideration, to cooperate if they had stood alone, but they have refused to
sign the contract in order that the position of others nipht not be in-
paired by comparison. The Connittee is not called upon to pass judgiient
upon such attitudes, but in its opinion, it is clear that the unv.illingnesn
to sign is not connected "vith disloyalty of any sort in the cases referred
to in this paragraph.

The Cormittoe on Privilege and Tenure has no doubt v/ith respect
to the conclusions just reported vfnich it has based upon evj.dence suranar-
ized above. The record is less satisfactory in a snail nunber of cases,
although the Coinnittcc obsei^cs: that there is in these, as in other
instances, no evidence of disloyalty. In nost of these cases the Corir.ittee
has general knca'ledgc of the individual' s badcground. This tooKledre leads
it to believe that such an individual is a Iq^^al nenibcr of the faculty.
But in each of these instances tlio individual has refused to discuss vvlth
the Coinnittcc cither the question as to whether or not he has any connec-
tion vdth the Comunist Tarty or his views with respect to this organiza-
tion. In each care, the reason given has been that to discuss the subject
vdth the Comdttee would be, in effect, to nakc a statement which the per-
son had refused to make in the contract of enploymcnt. In each case the
individual has insisted that he >v-s cntdtled to a presumption of innocence,
and that until some evidence was produced that he was a Communist, he
should not be required to clecT himself of this imputation. The Committee
has been left vithou:!. information after such testimony that >vould justify
a favorable report*

In the absence of sufficient evidence, the Comrdttee has felt
obliged to infoiTi the President that it cannot rcca-:?.end continuation of
enploj'Tient of persons in the class which is described in the preceding
p^agraph. This is not, of course, a positive finding in any case that
the individual is disloyal. It is solely a determination that the indivi-
dual has not complied with the conditions of cmploymont established by
the Regents on April 21, 1950, either by signing the contract tendered hLm
or by satisl^dng the co:imittce that he has met the terns of the contract.

/y

Reasons for not ginning:; the Contract oi" Emplcyncnt

The Conr.iittcc on Privilege and Teniire dividers the reasons which
have influenced ncnbcrc of the faculty who have refused to sign the con-
tract of cmployncnt, as follows:

1. The first class of reasons is personal. Some nenbcrs of the
faculty feel that their loyalty is being unnecessarily questioned by the
present forn of contract, especially when their service has been long and
distinguished, — in sone cases reaching over a period of nore than UO
years. Sone object because nenbers of the faculty are separated froia
other parts of the c^icational system. The irritation is "widespread but
it is not particuD.arly severe.

2« The second variation questions the meaning of the term
"Connunist" or even of the phrase "liember of the CorLnunist Party." Sone
persons r/ho have appcpjred before the Comnittee have objected to the refer-
ence to the Coriimunist Party in the contract of employment on the ground
that all Communists m.ay not be alike. There mcy be some Communists, they
scy, although admittedly not m-^Jiy, who mi§Jit be serviceable members of a
university faculty. The concept of Communist or Coirimunist Party as a
militant organization here merges into that of a group of exponents of the
Marxian or of som.e other general political or economic ideolory. Some
faculty members who oppose this ideolog:;- still believe that such exponents
should bo met at their own level and not driven underground. The num-ber
of individuals who have enlarged upon this point are relatively few.

3. An allied, though distinguishable opinion, much more general,
is that the contr-.ct of employment is a foiro of political discrimination.
It is argued that the Communist Party is a legal party and that, so long
as its legaliiy is ackncfwledged, no penalty should be attached to member-
ship. The argument rests upon general considerations of political theory,
strengthened by tlie fear that the practice of discriminations may easily
be extended to ether groups, political or otherwise, ilany m.embers of the
non-signing group liavc expressed this view, with varying degrees of elabor-
ation.

U. The feeling of opposition broadens when the paj'ticiilar method
of excluding Communists is considered. Objectors assert (a) that the
contract method is ineffective because mem.bcrs of the Communist Party will
sign any contract; (b) that the method of selecting by faculty departments,
in a University committed to Coramunirt exclusion, would be more workable;
(c) that the Regents should not lightly, in any event, intorfere with the
long standinf- practice which leaves to the faculty the responsibility of
judging individuals who join its ranks; and (d) that tlie present Regents'
action'neglects moral and customary rights of tenure which members of the
University faculty new enjoy. This group of objectors generally agrees
with the Regents'' policy of excluding Comir.unists. Vvliile some of them re-
serve the Dossibilit^r that individual Communists may be wortl^y of retention,
yet even these concede that this would seldom be the case. The ma.jority
believe that the faculty woiild be efficient in barring Communists from the
University. This point of view is generals

-7-

\

?• The ar?T-jntnt thit hr>.f5 been most eloquently presented to the
Conmittec is thrt rm r.t';ejnpt to exclude person.? on the basis of the label
"Communist" mil tend to involve the University in emotional and violent
controversy. Those who hold this view do not admire or defend members of
the Communist Party, but they point to the difficulty of identification
and to the likelihood or unfounded charges; and they anticipate an atmos-
phere of fear and suspicion vjliich would d.amagc independent teaching and
rese^rcho Like those who oppose what they characterize as political
discrimination, these objectors fear a possible extension of practices
v^hich v7ould intensiiy the conditions which they apprehend. They do not
accuse the Regents of any sinister intention. They do not attach much
importance to any particular fcim of words, so long as the category
"Communist" is set up. They illustrate their point by reference to
present procedures in Congress and elsewhere. They generally agree that
the risk of abuse must be taken in the case of faculty positions which
are closely and directly connected with national defense, but they do not
believe that the general situation in the country now justifies the
practice which they condor.in. They contrast the policy of other leading
Universities vdth the present policy at California, They fear that
California will be hajidicappcd in attracting a continuous floiv of young
scholars and thit it ivill suffer from some impairment of the harmonious re-
lations between faculty and Regents, The objections of this group would
be lessened, though thqy v/ould not be entirely raaoved, if the enforce-
ment of general policies announced by the Regents was put in the faculty
hands, IJost non-signers share the views surrimarized in this paragraph.

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VI

Ccininittcc Cooncnt

/

The Committee on Privilege nnd Tenure, Northern Section, presents
the facts assenibled in the tliree preceding sections for the information of
the President and Re^^cnts. The Committee is in accord vath the fundamental
policy of excluding Communists which the Regents have adopted and v:hich
the great majority of the faculty has endorsed. The summaries relating
to the nature of the group of non-signers, to the general attitude of
these members of the faculty and to the motives which, in the observation
of the Committee, influence petitioners are pertinent, the Coiranittee under-
stands, only as they bear upon the treo.tment which should be accorded to
this list of names* Spealdng to this point, it is the Committee's
deliberate judgment that the refusal of non-signers as a group to accept
the contract of employment is not based upon sympathy vdth Communism as
an active and destructive force but upon a variety of opinions and feelings
which have no relation to revolution or destruction of any kind. It is
the further viev; of the Committee that these opinions and feelings, while
they are not shared as stated ly the majority of the faculty, express an
earnest interest in the type of University which the Regents, the President,
and the majority of the faculty alike desire to preserve and to develop*

The specific recommendations of the Committee on Privilege and
Tenure in pcrticul.ar cases are set forth in the follovdng section of this
report. Its general view with respect to non-signers may be summarised
in the following paragraphs:

la Non-signers, as a group, are valuable members of the
University faculty.

2. There is no positive evidence v/hich indicates that any
member of the group ir- a nuabcr of the Coi^imunir^t Party or of any other
organization "wtoch advocates the overthrow of the Government by violence
or force or that amy non-signer has corrmitments which conflict i/ith his
responsibilities with respect to impartial scholarship and the free
pursuit of truth.

3« The Committee on Privilege and Tenure, as the result of
prolonged hearing's, concludes that most of the members of the faculty
who have appeared before it are relieved by direct and convincing
testimony and by their known records of any suspicion of disloyalty or
of any conduct or connections contrary to the stipulations in the contract
of employment*

Ue The Committee can not recanmend continuance of cmplcymcnt
in certain cases. This failure to recommend is based upon the fact that
the individuals concerned have neither signed the contract of employment
nor furnished the CoiTimittee vdth convincing evidence that they are not

memoers

of the Communist Party. It has no other implication.

^

^

i

jiyaiiiMMi

August 17, 1950

Mr, John Francis Neylan

Crocker First National Bank Building

San Francisco, California

Dear l!r# Neylan:

In my capacity as Vice- Chairman of the Academic Senate,
Northern Section, I venture to seek from you clarification of
your individual views on a number of questions of interest to the
faculty. I realize that you cannot speak for the entire Board of
Regents, but, nevertheless, your views will be of help to us in
appraising the present situation. Ily questions are:

1» What would be your attitude toward the reinstate-
ment of the 39 (or 40) faculty members, who so far
have not signed, if they sip:n before the beginning
of the fall semester, 1950?

2 9 What would be your attitude toward reinstatement

of the six faculty members who were dismissed at the
June meeting of the Board if they sign before the
beginning of the fall semester, 1950?

3» V/hat would be your attitude toward reinstatement of
the 157 staff members (chiefly non-Senate) if they
offer to sign tha contract form and are recommended
for re-appointment by the appropriate Administration
officer?

4, For those of the 39 or 40 faculty members in l) above
who find it impossible to sign the contract form, but
who offer to resign, what would be your attitude
toward severance pay for the current academic year,
or until such earlier date as another academic position
is obtained?

You will appreciate that I write this letter on my o^vn responsi-
bility without in anyway binding my colleagues, but I am hopeful that
an act of generosity in the final disposition of this unfortunate contro-
versy will go far towards re-establishing mutual understanding and
confidence bet^,veen the Regents and the Faculty.

Sincerely yours.

\

Mor rough ?• O'Brien

/

-/

Johr. Francis Neylan
i'.ttorney at L \:

1 Jbnttjonery Street
Gnn Frrncisco 4

.ucucjt 10, 1950

Dean Morrough ?, O'Brien,
2340 Vine Street
Berkeley, California

Dear Dean O'Brien:

Thi3 will acknov/lecme youro of .vU,^uGt 17th in which you nsk De
four specific questions.

In answering thoGC ouectionn I sjeak only for myself.
I quote your nuestionc.

"1. V.'h.it would be your r.ttitude towvirds the reinctatencnt of the
39 (or 40) faculty members, v;ho l>o far have not si:^ned, if they do si^n before
the be/winning of the Fall senester, 1950?"

I feel that these f^entlenen have now had rjrnle tine to reach a final
determination, and that they must reali .e the continuant:. on of the controversy
beyond the Reaentc* moetinji of i.uTast 25th would be extremely hcrmf^il to the
University,

With this rr, mind, I advise you that I shall ncvc to reinstate any
or nil of these iientlemen who, prior to /luTust 25th, siiall file with the
Secretary of the Regents a declr^ration of intention to ol/^ Drior to the Fall
semester the letter of acceptance as adopted . pril 21, 1950.

"2. V/hat would be your attitude to\;ards reinstatement of the six
faculty members \/ho were dismissed at the June mcetin.': of the Borrd, if they
sign before the beginning of the Fall semester, 1950?"

I shall move to rescind the action of Jul;v' 21, 1950, as to c^ny or all
of the six facult;, inemberc who, prior to /ugust .?5th, shall file \.ith the
Secretary of the Re:^entG a declaration of intention to sion prior to the Fall
semester the letter'of acceptance a.-j adopted on /.pril 21, 1950.

"3. V'hrt V70uld be your attitude toimrds reinstatement of the 157
staff members (chiefly non-Senate) if they offer to sijn the contract form and
are recommended for reappointment by the appro-^)riate admlnis 'orat vc officer?

I shall move ncrsonally to reinstate any or all of the 157 non-Senate
members who, orior to .vUgust 25th, shall file with the Secretary of the Recicnts
a declaration of intention, if reappointed, to sign the letter of accev^tancc as
adopted . oril 21, 195o.

John Francis Meylcn
Sheet Mo. 2

Dern Ibrrough ?. O'Brien
Auf:ust IQ, 1950

'V*. For those of the 39 (or 40) faculty racriu^ers In 1. fbovc 'ho Tind
it imoossiblc to sign but v;ho offer to resign, v'hct \;oiild be your attitude
to-;" rdi3 severcnce pay during the current yecir or until such earlier date :.s
another academic position ie obtained? '

I would regret to see ony member of the faculty resir^. ohould i;ny
member do so, he/ever, and shall ;:dvise the Secretrry of the Ke^:ents of .such
intention, prior to ;ui(^ust 'J5th> I ohall move to n^ont such faculty member
sevemnce pay during the current ricadem.'.c ye-.r or until cuch earlier date as
another academic position is obtained.

In ta^dn,'! the attitude indic?ited in my '.nsv/er;:, nay I sfiy 1 do so
because I believe thst many of these gentlemen v;ere misled as to the interpretation
of the plan adopted April ?1| 1950.

Hay 1 also mc^ke plain that -n refurin^' to follow the recomnendat-on
of the Committee on Privilcf^e and Tenure in some of these miitliers, I do co on
the nround that the plan did not ^'^ive the Committee jui'i;>d'otion to sutvert the
plan itself. It ic my viev; tb^t the plr-r adopted ;.pril 21j 1950, v.'as substan-
tively the plan loreccribed by the faculty in the referendum of Tiarch 21, 1950.

I find it impossible to believe ninety per cent of our faculty uould
supjgest and ninety -nine per cent subscribe to a plan that Invaded /.cademic
Freedom .

I have no intention, and do not icnov; of any intention to modify in my
respect the traditlon^il relationrihlp bet\.'een the faculty md the He:ients under
which the University flourished for so mcny years.

In closing, and to prevent any possible nisunrlcrstandin^', may I
direct attention to the fact thrt ra,v attitiidc as set foi*th herein is based \ipon
the theory that all perconn ..nvoived shall malx }cna/n their declr.ions )rior to
Viugust ?5th.

of action.

ivs to any person seeking to protract this natter, I reserve lull freedom

Sincerely,

/c/ John Fr^^ncis Neylan

^'

copy

THK INSTITUTE FOR ADVANCED STUDY

School of Humanistic Studies

Princetonc New Jersey

September ^, I95O

Professor Edward Strongs

Acting Dean,

The College of Letters and Science <

The University of California,

IBerkeley 5, California

Dear Ed.

I understand that there will be a meeting of the Academic Senate in a fortnight
or 80 » and I presume that at this meeting the faculty will consider what action it should
take concerning the recent decision of the Kegents to reject the recommendations of the
Faculty Committee on Privilege and Tenure concerning the 3I members of the Senate who
declined to sign the political affirmation contained in the new contract I trust that
this presumption is corrects that the faculty will act promptly and vigorously to imple-
ment the authority that it has vested in its committee and to reestablish its own dignity
and itB traditional right to cm effective part in the appointment and dismissal of mem-
bers of the faculty, and that you and your colleagues who hold offices of leadership in
the faculty will fulfill your responsibility to initiate and accomplish such action

Our friendship, my confidence in you, and your office have combined to convince
me that I should address this letter to you;; I know that you will not suppress it^ and
I hope that you will feel entirely free to show it to all persons who in your opinion
may have any interest in it or to use it publicly or in the course of any discussion or
debate. I shall use it myself r of course, with the same freedom My reasons for writing
the letter at all are threefold; most narrowly ^ ray concern for the University of Cali-
fornia, of which I am an alumnus, on whose faculty I have served, and to which in presence
and aboence I have always a unique loyalty; second, my conviction that no educational in-
stitution can function effectively or long exist without a faculty whose autonomy is an
assurance to its members and their students that all study and teaching is free of coer-
cion and the threat of coercion; and finally my fear that honesty and justice, those "naive"
but necessary virtues., be forgotten for the complication of subtle distinctions and the
greater immediate convenience of inaction

The majority voting at the last meeting of the Regents in August made it clear by
their unequivocal statements that in dismissing the 3^ members of the faculty recommended
for retention their purpose was simply to ••discipline" these members of the Senate for
•'disobedience to the Regents** A group of those so dismissed have asked the courts t >
interfere on their behalf; but neithea* the outcome which they seek by this action nor th^
anticipation of it can relieve Xhe Senate as a whole from making clear its attitude toward.-
the situation created by the decision of the Regents

Should the Senate fail to take effective objection to the action of the Regents,.
it will in fact admit the right of the Regents to discipline it aind its individual members
for any word or act which the Regents may hereafter interpret as ••disobedience'* to their
wish or whim. I have no desire to indulge myself in threatening prophecies of the < .>nBc-
quenccQ of such an admissiono and the experience of all of us makes it unnecessary \.\ cite
lists of historical parallei^s to such a first slight step in submissive surrender. It
would reeji to be obvious ^ however, that, if the Regents' interpretation of the Senate b
relation to them should be confirmed even tacitly by the faculty, no committee of the
Senate could thereafter take its functions of deliberation and recommendation serious :>.

even the Rogerts cuald liave no confidence in the disinterosted sincerity of recommenda-
tions fron the Senate or its coraniitteea,, and no teacher at the university could expect
hie students to assume the integrity of his conscience

Honesty and .justice, moreover ^ require that the Senate repudiate the recent action
of the. Hcgeats and give unhesitating and unqualified support of its 31 members dismissed
by the I^cgents against the recommendation of its committee The reasons why these 3I
declined to sign the controversial clause of the contract and the reasons why other mem-
bers of the Senate signed this clause are clearly no longer mater j>ali the I^egents them-
selves have declared that they do not charge the 3I with having declined to ^itzn for the
one reason which was the declared purpose of introducing the controversial clause These
31 all availed theniselves of the procedure which they understood to be the alternative to
signing provided by the so-called compromise which replaced the loyalty -oath. Whether
the aajority of the Hegents did or did not understand this procedure to be meant as an
alternative to signing the clause in question, the majority of the faculty must so have
interpreted it, for otherwise it is inconceivable that they could have believed t^iat a
compromise in any sense at all had been arituigedc ^4any of the faculty who signed the
clause assured me either orally or by letter at the time chat they did so understand che
compromiao and that they themselves had been assured that anyone v/ho did not sign but did
satisfy the Committee on Privilege end Tenure would certainly not be dismissed r and many
who signed in this spirit declared that they themselves would resign their positions if
eriyono who followed the alternative procedure should nevertheless not be reappointed..
This is known to be true In Berkeley; and I assure you that it is knos/n to be true widely
throwi^out the country. In these circumstances the good name of the faculty as a whole
and of many of the faculty individually is at stake; in submitting to the unjust action
of the Regents they run the risk of committing an equal injustice and involving themselves
in greater dishonor.. I am unwilling to believe that, if^ they are aware of thisr they will
hesitfcite to take the kind of action which alone can save themselves and the university.'
and I hope that you will do your best to make them aware of the gravity of their danger

With sincere regards to you and Gertrude and all our best wishes i,

Yours ac evsr,

Harold CLemisSo
Professor of Classics

15 September 1950

PRCX}RAII FOR FIN/VNCIAL ASSISTANCE TO NON-SIGNERS

1, As a mark of loyalty to the principles of academic freedom, and of con-
fidence in our colleagues who have not received appointments because of their un-
willingness to sign the special declaration in the acceptance of appointment,
members of the Faculty have undertaken a program of financial aid to these
colleagues.

U. The objective of the program is to advance, to the fullest possible ex-
tent, the regular monthly salaries of the non-signing Faculty members, except those
who have, or may in the future, resign, or take other positions, or who state that
they do not need financial support.

5« For this purpose participating Faculty members are urged to contribute
at least two per cent of their gross monthly salaries. It is expected that such
contributions will be made on the first of each month, beginning October 1, and
will continue until further action by the contributing group,

4. The f ollo^ving Faculty members have agreed to serve as a Faculty Committee

on Financial Assistance: (5 names) . They will supervise the program of

financial assistance, subject to i j^^iew by contributing Faculty members. (1 name)
has consented to serve as Treasurer for the Committee, Departmental Representa-
tives of the Committee are being designated in each Department.

5. The duties of the Conmittee are;

1) To make policy decisions concerning the advance of salary payments,
subject to review by participating Faculty members;

2) To authorize disbursements by the Treasurer;

3) To oversee the reimbursement of contributors if the non-signers have
been restored to their positions and have received salary payments
accumulated since July 1, 1950;

4) To approve the form of records to be maintained by the Treasurer;

5) To report to the participating Faculty members on the total number
of contributors, the total amount of contributions, and the total
amount of disbursements;

6) To coordinate relations with alumni, friends of the University, and
other universities desirous of giving financial assistance to the
non-signers.

6. The duties of the Treasurer are:

1) To appoint a Departmental Representative for each Department (or
group of small. Departments) after approval by the Committee;

-2-

Z) To receive and deposit contributions collected from Faculty meraber:
by Departmental Representatives;

3) To open ban]< accounts for the deposit of funds;

4) To make disbursements as directed by the Committee;

5) To maintain accurate, systematic, and complete records of all con-
tributions and disbursements,

?• The duties of the Departmental Representatives are:

1) To collect monthly payments from members of their Departments who
wish to participate;

Z) To keep records of funds thus received, and transmit the funds to
the Treasurer along with duplicate records,

8. The Committee will undertake to secure assistance from other Faculty
members as may be required for successful performance of its duties and those of
the Treasurer,

»

9. Payments to the non-signers will be no greater than their monthly sal-
aries received during the 1949/50 academic year, less income tax deductions appli«
cable to salaries of such size under current tax rates, less an additional two
per cent,

10, No money collected under this program ttIII be utilized for any purpose
beyond advancing salary payments to the non-signers^ ttccVjU-s '

11, All contributions will be returnable in full, but only from such non-
signers as are aivarded salary payments retroactive to July 1, 1950,

12, The Committee will accept and transmit contributions for purposes other
than payment of salaries.

September 21, 1950
Dear Colleague:

Here, in verbutim record, are contrasting viov;s of the status of the fa-
culty at the UnivorSity of California, also, a copy of an appointment form current
at another university/ We believe these may be illuminating to you for purposes

of the next Senate meeting.

Peter A. Boodberg

Professor of Oriental Languages

James R. Caldwell
Professor of English

Donald S. l^lackay
Professor of Philosophy

David H. Russell
Professor of Education

Walter W, Horn
Professor of Art

TEE ISSUE

EXCERPTS FROM A COURT REPORTER'S TPu^NSCRIPT OF THE REGENTS' MEETING

ON AUGUST 25, 1950.

Regent Ehrman: I want to point out that it seems to me •.. that there is
this point o'f distinction: Firstly^^ the professors, employees, or whoever they are,
recommended under the President's "^^R. G. Sproulj motion to be accepted for employ-
ment, are not officers, in any sense of the word, of the university. They are em-
ployees .... In the second place, it seems to me that if we assume that they have
been employed, what does that mean? Do they have any vested rights to the posi-
tion? It merely means that they have the right to enjoy the salary for the year...

They Fthe thirty-one professors! would be entitled to their salary and that
is all, if they had a vested right in the appointment, which I doubt very much be-
cause they are merely employees of the Board of Regents and they are not officers.

'.W*The*Baker'caso Ta legal analogyj refers to people who are entitled to
a public office. It has no reference whatsoever to people who are employed.

If this doctrine of the Baker case applied to the university, it would mean
that a man who was employed as a gardener on the grounds, a janitor_in the buUd-
ings, would have a vested right to the office. I cannot see where {^whether ? J
a man is employed in one capacity, such as I have used for purpose of illustra-
tion, for is"! employed as a professor or an instructor, that there is any dis-
tinction between them.

Governor Warren; Regent Ehrman, as far as I am concerned, I am of the opinion
that whether these people are public officers, or whether they are executing a
public trust, is a distinction without difference.

We recognize that tliese people are performing important public functions.
That is the reason we are havinr. this discussion today, and the importance of the
appointment of a President of this university, or a Vice-President, or a Dean, or
the head of a department, or a professor, or even an instructor, it seems to me,
is of equal importance to the public as the appointment or election of any other
public officer; and I don»t believe that we have the right to consider here that
these people don't rise to the dignity of a City Councilman or a constable or
other public officers who come under this rule. They are performing a public
function just as much as I am as Governor of this State. And I believe that
their rights and their prerogatives and their status before this Board should be
treated with equal solemnity and consideration.

Letter of Appointment of another State University

By the authority of the Iowa Board of Education

THE STATE UNIVERSITY OF IOWA

has appointed

x.y. z.
to the ran]:

of

PROFESSOR
with tenure extending continuously

Virgil M. Hancher
President

m/lED IN TOO SBCTITGNS

CITIZENS COMMITTEE FOR ACADEMIC FREEDOM ^

666 Santa Barbara Rd. , Berkeley 7, Calif.

OFFICERS

Laura Vail Lyroan, Temporary Chairman
Joseph Landesroan, Secretary
Alice Hamburg, Treasurer

PARTIAL LIST 0?^ SPONSORS: Frances Albrier, Mr. & Mrs. Goodm.an Brudney, Ann
Caiiipoell, Leurana Lawson Coleman, M.D., Robert Condon, William Coots, Rupert
Crittenden, C. L. Dellums, Mr. & Mrs. Mark Eudey, Rev. G. Linwood Fauntleroy,
Monroe Friedman, Frederic Geier, M.D. , Helen Freeland Gibb; Dr. & Mrs. Carl-
ton Goodlet, Helen Guenvere, D.D.S., Jack Hallatt, M.D., Mr. & Mrs. J. Edward
Johnson, Lydia Kain, Robert Kenny, Dr. Richard Liebes, Alice Meigs, Mr. & Mrs.
Harold Norton, Mr. & Mrs. Donald Pieper, Leonard Fockm.an, Claire Sheinberg,
Michael Sheinberg, Barbara Sicular, Mrs. Seymour Preston Thom.as, Leif Thorne-
Thomsen, Alia Washington.

Dear Faculty Mem.ber:

In the belief that the present loyalty oath controversy is a matter of grave concern
not only to the faculty of the University of California but to all the people, we the
sponsors, on behalf of the Citizens Committee for Academic Freedom, wish to submit the
following considerations on this oath and on the policy of the Board of Regents of

which the oath is a part.

It is important to bear in mind that in providing for the affirm.ation and support of
the Constitution of the United States and of the State of California, Article XX.,
Section 3 of the California State Constitution further states "...and no other oath,
declaration, or test shall be required as a qualification for any office or public
trust." In spite of unanimous Academic Senate rejection of the supplementary loyalty
oath derianded by the Regents the basic issue of a political test remiains.

It is submitted that :.^ iacL.±ty of any .^iiversity snould be subjected by implication
or otherwise, to a political test of any nature. We find support for this position
in the following excerpt from the Amierican Association of University Professors,
Declaration of Principles, "...it is highly needful, in the interests of society at
large, that what purport to be conclusions of men trained for, and dedicated to, the
quest for truth, shall in fact be the conclusions of such men, and not the echoes of
the opinion of the lay public, or of the individuals who endow or m^anage universities."

Since the 1930 's many scientists and scholars, fleeing from the repression and thought
control in other countries, have sought refuge in the United States. It was tragic that
many self-conceived defenders of academic freedom abroad failed signally to note the
point at which restriction had become dangerous. We know that in Germ.any, for example,
that critical point was reached before Hitler took power. It was reached when the
first fundamental principle of freedom was compromised. Then compromise followed com-
promise, political test followed political test until democratic freedoms were utter-
ly destroyed. 'What happened in European universities need not happen at the Univer-
sity of California if the members of the Academic Senate take a firm stand against
thp ~ * - - -

^ I -\ r4-\T

■n-

+ "h

15 Ci 'rci'T- -♦■ '--

^r*

.V -• -V 4. " , ^ 4.-U

Laura Vail 1., ., Temporary Chairman
Joseph Landesman, Secretary
AH r-f^ Hamburg, Treasure

PARTIAL. LIST OF SPONSORS- "^ranees Albrier, Mr. & Mrs. Goodman Brudney, Ann
CanipDell, LeOrana Lawson ooieman, M.D. , Robert Condon, William Coots, Rupert
Crittenden, " ~ ~)ellums, Mr. & Mrs. Mark Eudey, Rev. G. Linwood Fauntleroy,
Monroe Frieaman, Frederic Geier, M.D. , Helen Freeland Gibb; Dr. & Mrs. Carl-
ton Goodlet, Helen Guenvere, D.D.S., Jack Hallatt, M.D., Mr. & Mrs. J. Edward
Johnson, Lydia Kain, Robert Kenny, Dr. Richard Liebes, Alice Meigs, Mr. Sc Mrs.
Harold Norton, Mr. & Mrs. Donald Pieper, Leonard Pockman, Claire Sheinberg,
Michael Sheinberg, Barbara Sicular, Mrs. Seymour Preston Thomas, Leif Thorne-
Thomsen, Alia Washington.

Dear Faculty Member:

In the belic^f that the present loyalty oath controversy is a matter of grave concern
not only to the faculty of the University of California but to all the people, we the
sponsors, on behalf of the Citizens Committee for Academic Freedom, wish to submit the
following considerations on this oath and on the policy of the Board of Regents of
which the oath is a part.

It is important to bear in mind that in providing for the affirmaiion and support of
the Constitution of the United States and of the State of California, Article XX.,
Sectior :S the California State Constitution further states "...and no other oath,
declaration, or test shall be required as a qualification for any office or public
trust." In spite of unanimous Academic Senate rejection of the supplementary loyalty
oath demanded by the Regents the basic issue of a political test remains.

Ix is submixxea xnax no lacu^Ly oi any university should be subjected by implication
or otherwise, to a political test of any nature. We find support for this position
in the following excerpt from the American Association of University Professors,
Declaration of Principles, "...it is highly needful, in the interests of society at
large, that what purport to be conclusions of men trained for, and dedicated to, the
quest for truth, shall in fact be the conclusions of such men, and not the echoes of

the opinior

— ^

T . n I-

■^ ay public, or of the individuals who endow or manage universities

Tl

Since xnc ±^3u ' s many scientists and scholars, fleeing from the repression and thought
control in other countries, have sought refuge in the United States. It was tragic that
many self- conceived defenders of academic freedom abroad failed signally to note the
point at which restriction had become dangerous. We know that in Germany, for example,
that critical point was reached before Hitler took power. It was reached when the
first fundamental principle of freedom was compromised. Then compromise followed com-
promise, political test followed political test until democratic freedoms were utter-
ly destroyed. 'What happened in European universities need not happen at the Univer-
sity of California if the members of the Academic Senate take a firm stand against
the policy of the Regents, of which the oath is merely an outward manifestation.

Though xhe members of the Academic Senaxe are the only ones to vote on this critical
issue they are making a decision which affects vitally the welfare of all of us. We
had this in mind when we issued our press release a week ago. Since xhe newspapers
have not presenxed our basic position, we consider it necessary through this means,
to inform you of the existence of our group and of our support of the traditional
principles ^-^ academic freedom^

Signea,

Laura Vail Lyman, tJ.C, '2^4
Temporar;^^ Chairman

ColuTTbit; Inivore.ity in the City of l^ev/ York

Septorr.ber 19, 1950

Horrough P. O'Brien, Esq,,
Vico-Ch£iirTnr.n, i.radeinic Senote,
University of Calif ornie,
Berkeley, Cr.lifornia

Dear Vr. O^Brien:

\^e should £reatly apprsciate your kird offices in tr&nsrattir.£
to the iicademic Senate of the University of Ccdifornie at its meetin^^ on
September 26th our cordial freetings and the following !i^_essage:

The undersigned Triembers cf the faculties of ColuFibi5i University
have been following with intense interest the recent events at the Univer-
sity of California. V-^e have been greatly perturbed at the action of the
Regents of that University in dismissing meinbers of its ff..culty contrary to
the recoFjnondaticns of the Cor^r.i^tes on Privilege and Tenure of the Senate.
This action seerr.s to us a reversal cf the policy of tenure that has long
governed the University of California, and a denial of the principle of
the self-determination and responsibility of the faculty in educational
affairs, firirly estatlished at California and vigorously upheld by its
Academic Senate. This policy and principle are of vital concern to all ^
Americans, and especially to your professional colleagues on the faculties
of other Am.erican universities. 'Ue are confident that the Senate will do
everything in its power to maintain and defend them, end we wish to assure
you of our concern and our v;holo-hearted supnort in this our common cause.

Sincerely yours,

Harry J. CarF'tn, Dean
Lawrence IT. Chamberlain, Dean
Leopold -r.rnauld. Dean

Jacques Berzun
Adrian J. Barnouw
Charles 0. Beckman
Justus Buchler
Oscar Jam.es CamcPbell
Robert L. Carey
^.ndrew C. Chiappe
Pierre ^» Clamens
Shepard B. Clough
Charles R. Dawson
Henry P. de Vries
Elliott V. Dobbie
V;. J. Eckert
Irwin Edman
Austin P. Evans
Otis E. Fellows

George K. Fraenkel
Donald ". . Frame
Charles Frank el
Eonry F. Graff
James Gutm.ann
Ralnh S. Kalford
i-.lfred B. Karbage
Richard Ecfstadtc^r
Paul Oskar Kristeller
T. Froll

Victor ?:. La I'er
Robert D. Leigh
Roger S. Loomis
Howard Levi
J. Y. I'iller
C. Vvright I ills

Ernest A. Toody

Justin O'Erien

John Herm.an Randall, Jr

I. I. Rabi

J. F. Ritt

i-;. ^irthur Schiller

Jan Schilt

Ernest J. Sirai-one

John E. ST'^ith

Paul ^^. Smith

George J. Stigler

YJaltor Strodt

Frank Tannenbaur.

A. W. Thomas

raurice Valency

C. I'artin IMlbur

Hi\RV^.RD DIVERSITY
Cambridge, Mass.
Septerber 25, 1950

Since all scholars belong to the community of scholarship, the under-
signed members of the faculties of arts and sciences and lav; of Harvard
University are profoundly concerned by the injury which has recently been
done to that comm.unity by the Regents of the University of California. In
all large controversies the greatest danger is that the basic principle v/ill
be obscured by secondary issues. The latest action of the Board of Regents
renounces its faith in the responsibility of scholars, repudiates the estab-
lished traditions of the University of California, and violates faculty
rights of academic freedom and tenure. Vve hope and expect that the Academic
Senate of the University of California will relentlessly defend the princi-
ples from which the health of ell universities derives.

H.D. Aiken
G.llv. xillport
li\i.J. Bender
G. Eirkhoff
E.G. Boring
C. Brinton
J.S. Bruner
H.G. Bugbee
J.N. Bush
H.J.C, Cadbury
H.r. Cam
D.F. Cavers
Z. Chafee, Jr.
Yv.J. Crozier
F. Deknatel
R. Dem.os
E.I''. Dodd
J.T. Edsall
R, Em.erson
C.F. Jyiosteller
¥, Fainsod
J.K. Fairbank
S.B. Fay
P. A. Freund
C.J. Friedrich
L.L. Fuller
J.F. Galbraith
A. Gerschenkron
K.P. Gilmore

T/V.C. Greene

E. v., Griswold

C. Heborler
0. Handlin
S.F. Harris
L. Hartz
F.L. Eisaw
A.K. Holcombe
E.A. Kooton
!'.D. Howe

J . Kudnut
H.F. Jones
N, Karpovich
E.G. Kemble
G.E. Kistiakowsky
C.K.r. Kluckhohn
P.S. LeCorbeiller
H. Levin
C.I. Lewis

D. I'cKay
G.V^, Fa eke y
A. T'acLeish
E.S. Tason
F.F. Mather

F. I^'^erk

T. Morrison
K.B. Hurdock
H.i^. Iviurray, Jr.
E.B. Kewman

0. Oldenberg

D.E. Ov;en

T. Parsons

R. B. Perry

R. Poggioli

W.V. Quine

I.iw Richards

A.S. Rom.er

A.!*. Schlesinger

A. 11. Schlesinger, Jr

A.l^v. Scott

S.S. Seavey

R.R. Sears

H. Shapley

G, She r burn

C.S. Singleton

B.F. Skinn'3r

S.H. Slichter

A. Smithies

1/V.L. Sperry

S.A. Southfar

R. Ylich

E.L. Ullman

K. Vietor

G. I^ald

J.L. V«elsh

D.C. Williams

H.A. li^olfson

R.B. V«ood^vard

A message of similar import has been received from a similar faculty
group at Yale University.

Prinoeton University
Princeton, New Jersey
September 21, 1950

V

TO THE AC/iDEMIC SENATE OF THE UNIVERSITY OF CXIFORNIA:

We, the undersigned, members of the f&culty of Princeton Uni-
versity, send greetings to the Academic Senate of the University of
California and assure the Senate that we have observed with deep concern
the recent action taken by the Regents of the University of California
in dismissing members of the faculty against the recomjr.ondation of the
Senate's Committee on Privilege and Tenure. We recognize that this action
of the Regents constitutes a denial of an enlightened policy of tenure and
repudiates the principle of the self-determination and responsibility of
the faculty which the Academic Senate and the Bot^rd of Regents of the
University of California have hitherto steadfastly maintained. We trust
that for the sake of academic freedom in the University of California and
in all ..merican universities the Academic Senate will vigorously defend
its traditional policies and principles, and we assure tho Senate of our
whole-hearted support in its cause and of our readiness to assist it with
any means at our command.

Signed by the following members of the Faculty at Princeton University:

DEPARTlv^NT OF uRT /^ND i.RCHAEOLOGY': Comstock, Dewald, Egbert, Friend,
Labatut, Morgan, Rowley, Smith, Weitzmann, Jandl, i^tillwell,
Stohlman, Brown, Licklider, Shellman, Coffin and Koch.

DEPARTI''ENT OF ^STROFOIIY: Schwarzschild, Spitzer.

DEPiiRTl'ENT OF BIOlCGfY: Butler, Parpcrt, Chtse, Cooper, Pittendrigh, and
Bonner,

DEPARTI^^ENT OF CHEMISTRY: Dougherty, Furman, Pacsu, Pease, \\allis, Alyea,
Bricker, Kauzmann, Rexford and Goeckermann.

- 1 -

{ ,

e

Princeton University, Septembur 21, 1950 (Cont'd.)

DEPxvR'H^NT OF CLr.SSICS: DuckTworth, Fino , Godolphin, Oatos, ColGman-Norton,
Raubitschek, Bourno, Gohoen, i^rmstrong, FocKenzia and Porter.

DBPiiRTI.^NT OF ECONa'ICS: Chandler, Howard, Lester, Lutz, Morgenstern,
Notestein, Viner, Foore, Strayer, Baumol, Coale, Ley, Hager,
Passer, Tumin, Facrae, Boll, Edwards, France, Garfinkel, Gurley,
Powell, Raebeck, Sametz, Osborne, Behrman.and Stolnitz.

DEP/iRTrv'^ENT CF ENGLISH: Gerould, Root, Bentley, Cawloy, Stauffor, Thorp,
Baker, Blackmur, Elsassor, Howard, Hubler, Kelley, Lande,
Thompson, Dovvuer, Hellwachs, Johnson, Reese, Snith, Thorpe,
Viiarren, Zioglor, Finch, Arnold, Austen, Borgers, Dunklin, Duval,
Green, Fitzgerald, Holland, Lane, Ludwig, Ri)£,gs, Rog,gors,
Salvatore, Schwarz and Stein.

DEPARTJJ^NT OF GEOLOGY: Buddington.

DSPARmENT OF HISTORY: Craig, Craven, Hall, Harbison, Palmer, Beller,
Goldman, Mommsen, Blum, Gillispie, Isely, Powell, Challener,
Kennedy, Lee, Meier, Turner, Huber, V^oodfill, Adelson, Gammon
and Rudisill.

DSP^.RBIEIIT OF I^'i-.THEI'ViTICS: Eisonhart, Artin, Lefschetz, Steenrod, Tucker,
THlks, Fox and Spencer.

DEPARB'ENT OF FODERN LiiKGUxvGES: Gcmss, Castro, Silz, Anders on- Imbert,
Borgerhoff, Forgusson, Llorons, Fa cAl lister, Willis, r^ldon.
Bates, Hollmannmkuehnemund, Arseneult, Bub, Fontanet, Hartlo,
Jones, Kueller, Kayer, Piccus, Rust, Sicroff, Sleeth and Hughes.

DEPiiRTIv^KT OF OTSIC: Weinrich, W^lch, Cone, Forbes, Knapp, Babbit and
Keppler.

DEPivRT!/.ENT OF ORIEKT.^L LANGDiiGSS: Hitti, Houng, Thomas, Winder.

DEPivRlJ'ENT OF PHILOSOPHY: Scoon, Stace, Wood, Urmson, Berry, Kaufmann,
Ola f son, Rawls and liVt;delton.

DSP.-Jlll/ENT OF PHYSICS: Ladenburg, Shenstono, Bargmann, Dicke, Rogers,

Courant, Rau, Tomlinson, Bradley, Griffith, Hudson and Wightman.

DEPiiRIT'ENT OF POLITICS: Childs, Ebenstein, Graham, Sly, FcLean, Snyder,
Whitton, Wilson, Bernstein, Furniss, ^idkinson, Beaney, Joy and
Tillett.

DEPARTMENT OF PSYCHOLOGY": Cantril, Gullikson, Pratt, Wevor, Tucker,

Fredoriksen, Tomkins, Follonkopf, Alexander, Hastings, Ittelson,
Kilpatrick, Lloyd, Smith, Mishler, Basescu, Chalmers, Frar^k,
Brown and Orbach.

. 2 -

Princoton University, September 21, 1950 (Cont'd.)

DEP.'vRWENT OF RELIGION': Thomas, Ramsey, Jr^mison, Y^olch and Ashby.

WOODRCW VJ.LSON SCHOOL: Munro, Wallace, Van V.'agenen, Loclnwood, Danhof
and Young,

DEP..RTI^''SNT OF AERa^AUTICi-.L ENGIICE CRIKG: Nikolsky, Perkins, Sayro,
Charyk, Kahane, \ Hazen, Crocco, Lees and Bogdonoff.

DEPi.RlWNT OF CHEi;iC..L ENGIKEERIFG: Elgin, V^hitwoll, Kilhelm and Johnson,

DEPi.RIT.^ENT OF CIVIL El^GINEERING: Angas, Hoacock, Tschebotarioff , ^Unter-
korn, Irish, Ro\ve, Shore and Knapp.

DEPi^RTT'ENT OF ELHCTRICx^L ENGINEERING: Johnson, Willis, Mather, Chandler,
Warfield, Alexander and Clement.

DEPx.RI!/ENT OF I'^EClLUIICxX SKGITIEERIl'G: Condit, Kittrcdgo, Soronson,

Suppiger, .Archibald, Hay, Shepherd, Kenand, Dinsmore and Kjetsaa

LIBRc-RY: Boyd, Heyl, Young, Savage, Rico and Butterfield.

UiaV^RSITY PRESS: Smith.

CH..PEL: Dean V/icks.

- 3 -

Institute for Advanced Study
Princeton, Vevi Jersey
September 21, 1950

TO THE ACADEMIC SENATE OF THE UNIVERSIIY OF CaLIFCRKIA:

We, the resident professors and professors emeriti of the Insti-
tute for Advanced Study, being aAware that the Regents have dismissed mem-
bers of your faculty contrary to the recommendations of your Committee on
Privilege and Tenure and that this action violates the policy of tenure,
the principle of the faculty's self-determination and responsibility
hitherto recognized by the University of California, unanimously vdsh to
encourage you to unite in the sense of your traditional policies and
principles against encroachment.

The professors and professors emeriti of the Institute for

Advanced Study are:

Harold F. Cherniss
Edward Mead Earle
Hetty Goldman
E, A. Lowe
Benjamin D, Meritt
Edwin Panofsky
V«alter W, Stewart
Frank Aydelotte

Robert Oppenheimer
Homer A. Thom^pson
Albert Einstein
Karston I'^orse
John von Neumann
Carl L, Siegel
Oswald Veblen
Hermann V\feye

Ul^IIV

OF CALJ

INVITATION TO ATTEI^ID SPECIAL fiEETING OF
ACADEaC SEIIATE, NORTrlERIJ SECTION

Mr, H. S. Coffey

!,&•• L. A* Doyle
Mr. L. Edelstein
Mr. E. S. Fussell
Mr. P. R. Garabedian
Miss LI. T. Ilodgen
llrs. !• C. IIunc:erland
. r. K. .1. Kantorowic^j
I'r. J. L. Kelley
''r. J. Loevrenberg
Mr. II. ¥. Lewis

Mr. H. hemy

Mr. C. S. Muscatine
Mr. L. Olschki
Mr. S. Peters
Mr. B. Ro^^erson
Mr. R. N. Sanford
Mr. E. H. Schafer
Miss P. Sperry
Mr. E. C. Tolman
Mr. G. C. V/ick
Mr. . Winkler

On instructions received from t le Yice-Chairman of the Norttiem
Section of the Academic Senate, the persons named above are cordially
invited to be present as ^^uests of the Northern Section at its special
meetina scheduled for Tuesday, Sep or 26, l?r>Q at 1|:10 p.m. in Liie
Auditoriuia, Benjamin Ide wheeler Hall.

T;!J..A3 b..
Acadimic

Secretary

Northern Section

Berkeley, Septeraber 22, 19^0

UNIVERSITY OF CAIJFORIJIA

SPECIAL I.IEETING OF THE NORTHERN SECTION OF THE ACADEIIIC SENATE
Tuesday^ September 26^ 1950 at UilO p^m^
Auditoriiiin, Benjanin Ide V/heeler Hall

For Consideration:

1. The follov/ing resolution:

The Academic Senate, Northern Section, urges its members
individually to contribute financially to the support
of those Senate members whose salaries have been with-
held by the Regents for failure to sign the special
declaration, r^ccordir^ to the implementing plan distributed
with the call to this meeting..

Respectfully submitted,

Prof,
Prof.
Prof.

M. Chernin, Dean School of Social Welfare

A. Elkus, Chairman, Dept. of Music

E. T. Grether, Dean, School of Business

Administration
L. B. Simpson, Chairman, Dept. of Spanish
C. E. Smith, Chairman, Dept. of Public

Health
prof. ![. V/. 'burster. Dean, School of Architecture

Prof.
Prof.

2. Report of the Committee on Privilege and Tenure, S. Daggett,

Chairman

3. Report of the Committee on Academ.ic Freedom, B. M. V/oods,

Chairman

THOMAS B. STEEL, Secretary
Academic Senate, Northern Section

Berkeley, September 21, 193'0

(9,»50 - 1500)

PLAI\- FOR FINANCIAL ASSISTANCE TO NON-SIGNERS

1. As a mark of loyalty to the principles of academic freedom, and of
confidence in our colleagues who have not received appointments because of
their unwillingness to sign the special declaration in the acceptance of appoint-
ment, members of the Faculty have undertalcen a program of financial sdd to
these colleagues.

2.

2* The objective of the program is to advance, to the fullest possible
extent, the regular monthly salaries as defined in paragraph 9 of the non-signing
Faculty merabers, except those who have, or may in the future, resign, or take
other suitable positions, or who state that they do not need financial support.

3« For this purpose participating Faculty members are urged to contribute
at least two per cent of their gross monthly salaries* It is expected that
such contributions vd.ll be made on the first of each month, beginning October
1, and will continue until further action by the contributing group*

I;, The following Faculty members have agreed to serve as a Faculty
Committee on Financial Assistance: Zh R. Dennes, ?• H« Odegard, C. T. Oliver,
J« B. dec. M. Saunders, I'V. W# Wurster^ an additional member will be chosen by
the Committee. They \\111 supervise the program of financial assistance, subject
to review by contributing Faculty members. F. C. Ilewman has consented to serve
as Treasurer for the Committee. Departmental Representatives of the Committee
are being designated in each Department.

5« The duties of the Committee are:

b)
c)

d)

a) To make policy decisions concerning the advance of salary pay-
ments, subject to review by participating Faculty members;
To authorize disbursements by the Treasurer;

To oversee the reimbursement of contributors if the non-signers
have been restored to their positions and have received salary
payments acciimulated since July 1, 19.^)0;
To approve the form of records to be maintained by the Treasurer;

e) To report to the participating Faculty members on the total
number of contributors, the total amount oi contributions, and
the total amount of disbursements;

f) To coordinate relations with other campuses of the University,
alumni, friends of the University, and other universities desirous
of giving financial assistance to the non-signers.

6. The duties of the Treasurer are:

a) To appoint a Departmental Representative for each Department (or
group of small Departments) after approval by the Committee;

b) To receive and deposit contributions collected from Faculty members
by Departmental Representatives;

c) To open bank accounts for the deposit of funds;

d) To make disbursements as directed by the Committee;

e) To maintain acc^jrate, systematic, and complete records of all con-
tributions and disbursements.

7. The duties of the Departmental Representatives are:

a) To collect monthly payments from members of their Departments who
wish to participate;

b) To keep records of funds thus received, and transmit the funds to
the Treasurer along with duplicate records.

3*

8. The Comiidttee will uiidertake to secure ascistaiice from other Faculty
members as may be required for successful performance of its duties and those
of the Treasurer.

9. Payments to the non-signers will be no greater than their monthly
salaries received during the 19ll9/50 academic year, loss income tax deductions
applicable to salaries of such size under current tax rates, less an additional
two per cent.

10. All advances will be returnable in full, but only from such non-signers
as are av/arded salary payments retroactive to July 1, 1950.

11, The money collected under this progroin will be used only for the pur-
pose of advancing Scilary payments to the non-signors, and the necessary expenses
of the Committee, The Committee vdll, however, transmit additional contribu-
tions specifically desi[-;nated for other purposes.

September 17,, 193'0

7-1

COiTiiTiittee on Privilege and Tenure
Report to the Academic Senate, Northern Section

The general portion of the report of the Committee on Privilege and Tenure
t-y the President has been distributed to members of the faculty for their information.
This general report indicates briefly the procedure which the Committee followed and
the conclusions which it reached. It can now be amplified in certain ways.

The present members of the Committee on Privilege and Tenure began their

VJO

rk in the middle of ■ av and held their first hearings on May 15. The mrre essen-

tial happenings in th:j Faculty -Re gent controversy before this last date had included

the ft^llowing:

«

1. The proscription of an cath :f I'-yalty on June ?4, 1949, or an
equivalent affirmation,

2. A mail ballot bv the faculty,

3. The substituti'-^n of a new contract fcr the contract contemplated
in June, with clauses which replaced the oath. This was by Regent
action on April 21, 1950.

The April action of the Regents provided not J5nly the terms cf a new contract,
but gave directions with respect to its use. Notably, the form prescribed was not
obligatory for persons wh^ had signed the --ath. Of more imjnediate importance to the
Cmmittee en Privilege and Tenure was the following paragraph, which may be repeated,

although it is well known.

In the event thot a member of the faculty fails to comply with any fore-
going requiroment applicable to him he shall have the right to petition
the President cf thu University fcr a review of his case by the Ccmmittae
on Privilege and Tenure of the Academic Senate, Including an investigation
of and full hearing on the reasons for his failure so to do. Final action
shall not be taken by the Board of Regents until the Committee on Privilege
and Tenure, after such investigaiion and hearing, shall have had an oppor-
tunity to submit to the Board, through th^ President of the -University ,
its findings and recommendations. It is recognized that final determina-
tion in each case ic. the prerogative of the Regents,

Report to the Aondeinlcty Senate - page 2

It v/as the paragraph just quoted which projected the Committee on Privilege
and Tenure into the situation in a soxtiewhat peculiar way. It was the apparent view
of the Regents that a group tf pereons might be relieved from the obligation of
signing the ordinary contract of eriiployment , even though these persons had not
si.oitjd the loyalty t-ath. The condition stated was a report and recommendation by
the Gommittoo on Privilege and Tenurs, after investigation and hearing and a final
approval by the Regents. As a result, members of the group might be offered a
special contract, diff-ring from the standard contract in various ways. The Cvm-
mittoe might have rjj.cted any participation in the procedure mentioned in the
resolution of April 21 This would have been because its proposed function evidently
differed from that ordinarily required in Privilege and Tenure cases. But if the
Committee had refuSwd to participste , the simple result would have been that the
contract requirement would have become compulsory in all cases except for those who
had signed a loyalty ^ath. It was the Committee's view that the alternative v/hich
the Regents seemed to have suggested had p':ssibilities , when reasv^nably interpreted,

and that these possibilities sh-ould be explored. This was also, as it understood,
the opinicrn cf the faculty.

IVhen it came to a reasonable interpretation ^f th^ Regents' resolution of
April 21, the Committee had t'j as:: itself what the general purposes of the Regents
were and what the specific clauses -.f the resolution were intended to mean. So far
as the general purpose wont, it was clear enough that the intent was to exclude
Ccmmunists from the faculty — the same purpose that had inspired all previous Regents'
acts. But, more specifically, the Committee felt justified in assuming that the
program adopted in April must at least differ in important respects from the Regents'
previous resolution :^f June 29. The latter, it will be remembered, required an oath

or equivalent affirmation; the former demanded a signature to a contract. It was

Report to the Academic Senate - page 3

inconceivable to the Ccnimittco, in view of tho prolonged and excited controversy
which had continued during several months, the publicized intervention rf the Alumni
Committee and the Regents^ reaction to the Alumni G«mmittee's report, that a minor
change in procedure was all that was propj^sed. Its belief was later strengthened by
the fact that on May 26 the Regents passed a resolution expressing appreciation of
the Alumni Com.mittee's work, in which they said:

V/hereas these alumni succeeded in finding a solution to the problem
which fulfilled the need seen by the Regents of the University and
which has met with acceptance by a very largj majority of the faculty
of the University thereby taking the matter out cf the realm of con-
troversy and pr:.tecting the name cf the University.

Thereby, bu it r.s:.lved that the Regents of the University express
their deep an.! sincere appreciation of the contribution made by these
alumni t^, their Alma Mater, and thank them for the good which they
have done.

"^^i^-jL^-^ot language rcspt-nsive to an unimportant cha

ne.'^.

It is necessary to emphasize the fact that the resolution of April 21 could
be expected to be different from the Regents* June proncuncoment , in s^rriQ important
respect, because the most significant clash between the Committee on Privilege and
Tenure and the Regsnts comes pr-.cisely upon this point.

It is th- pres-mt contenti'in of the majority of the Regents that their
resolution of April differs from thoir resolution in June only in the circums^.anre
that the latter demanded an oath and the former required a contract signature, with
substantially the same terminology. The further contrast that the April resolution
grants right of petition with subsequent hearing before the Committee on Privilege
and Tenure is now characterized by a majority of the Regents as incidental, unimpor-
tant, and designed only to allow for cases involving r^-liglous scruples or for the
explanation of reason- for not signing which arj so unusual that the Regents could
not imagine or describe them in advance. The Regents have not expressly commented
upon the view that some important prcgrc;ss should be sought for in interpreting their

Rciport to tho Acadomic Senate - page 4

April resolution, although this opinion vias presented to them at their July meeting;
but they say cr imply two things in this connection. Of these, the firot is that
the shift from an cvath to a contract in which the oath is substantially imbedded is
in itself a significant change. The second is that the contract provision, whether
important or not, was approved by the faculty in its letter ballet bf March 14, and
that the Regents* resolution of April 21, which is the present rule, only adopts a
suggestion which thu faculty had endorsed.

It was and is the position ef the Committee on Privilege and Tenure that:

1, A mere shift fr^-m a constitutional oath plus a non-communist eath to a
ct?nstitutional oath plus a contract, v;ith the wording actually prescribed, is not
important. It c»iuld be made import-r^t only by a change in the conditit^ns of review,

2. The ballot of March 12 did not approve a contract which included a state-

me

nt that the signer was n-.-t a member of the CommuniPt Party, etc, , but only a con-

tract v7ith a statement that the signer accepted his position subject to the University
©f California policy of not employing communists. The faculty will recall the dis-
cussions which preceded the issue of th.; ballot of I.larch 13. A considerable segment
cf the faculty, and pre,bably a large majority, believed that a required *ath would
be unwise. This was net because they objected to the Regents' policy of net employ-
ing comr.iunists. It was because a required oath was at once a discriminatiun against
the faculty in relation to oth^r public servants and a completely ineffectual method
of preventing the penetration of the Communist Party into the faculty. These ob-
jecticns would apply as forcefully to a contract provision as to an oath, if the
stipulations in the two cases were th.: same. They were the same in the formulations
which the Regents approved. The f-culty position in these respects was not qualified
or surrendered by the ballet cf I/xarch 13. It remained as it had been before, anti-
o:>mmunist, but opposed to the implementation on which the Rjgents were prepared to

Report to th£ Acsdemic Senate - pr.ga 5

insist. Tho faculty vot^d th^t th^^ reference- to thj University policy of net employ-
ing C'^.Timunists should b^ -^nt^red in the contracts of employment but nDt that any
individual affirmation should be made,

3. It was and is the position of the Committee that the right of petition
end hearing granted by the resolution of April 21, v;as not understood to be and was
not in f^.ct incidental and unimportant but constituted a real alt-wPnative which
members of the faculty could employ, Th, Committ^^e en Privilege and Tenure holds
that, unduP the wording of the Regents' resolution, th^ guarente-:-d hearing offered
tc e petiticner the rlrht to show th'^it his reasons for not signing did not include
the reason thet he is r. nemb^-r of the Communist Party and that th^ findings cf the

Ccmrdttee, subject to review by the Regents, might clear him in this regard, and if
accepted by the Reg nts, form the basis cf ?. s-^icir-.l c-ntr-.c^t of employment.

The practical result of the difference in position bet-zeen the majority of
the Regents and thw faculty Committee on Privilege and Tenure was that the Ccmmittee's
report collected, analyzed, and judged evidunco cf loyalty presented by members ef

the ncn-sigi*ing group. On the other hand, the majority of the Regents sought in the
Committee's report, rnd rejected the report, because they could not find in it,
reference tc religirus 'objections, or ^o reasons which they could not for themselves

imagine, or to any other facts which would justify a member of the faculty in his
disobedience to an au"ch's>ritativo administrative command ,

It is cbvious that th^ position which the Committre on Privilege and Tenure
took in interpr-^ting the Regents' action cf April 21, 1950, tended te protect loyal
members of tho faculty v;ho, fc^r one reason or another, had been unwilling to sign
the contract of employment offered by the Reg-^nts, Thv.se reasons have been s'ummar-

Ized in the general committee report distributed to the faculty. They are painstak-
ingly set forth, case by caee, in thu mLterial prepared for the Regents' use. The

Report to the AcedeiLic Senate - : 6

Committee has not taken its positi-^n arbitrarily, however, or siin.piy upon a partisan
basis. It calls attention to certain iacts, some of tht.- general, and some specific.

Among the particular facts are these:

On May 13, before the Committee began tc operate, it sought and obtained an
interview with the President. In this invertiew the President was asked what the
Regents desired from the Committee en Fxivllege and Tenure. The President replied
that the Committee^ s P'^port should hot be merely formal, that reference must be made
somewhere to each individual's axtituce tcwnrd Com^nunism, and that a discussion of
the Regents' policy of not employing communists had no place in the Committee's

r--^^prt.

Several days l^-t:.r the Committee held a joint meeting with the Senate

Committee e>n Academic rreedom. The organization and plans of the Ccmmittee on
Privilege and Tenure were fully described at this meeting. The CummitXoe on
Academic Freedom expressed its approval.

On

June 11 the Committee en Privilege and Tenure arranged a conference with

the Alumni C«.mmittee v:hich had pr^^posed xn^ ccmpreiLiSo resolution, .-.t this confer-
ence, the procedure and purposes of the Committee tm Privilege and Tenure were ex-
plained and suggestions were invited. The Alumni Committee stressed, to the Com-
mittee ^n Privilege and Tenure, their belief that this last comiLittc^u sn^-uld make

pcsi

tive findings '_n5 recommendations in --jerh individual case considered. Any

failure to do this, in their judgment, vrould greatly w.akon the Cemmittee's report.
Ji -tressed also the Alumni Committee's view that the elimination of communists
fr^m the University ^va.s th::; principal objectivw to be attained.

Th

e next day ?.fter th-- conference ;*n June 11 mentioned in the preceding

paragraph, a member of the Alumni Committee who had been present, wrote the chair-
man of the Ccmmittee on Privilege and Tenure as follows:

Report to thfe AcBdomio S^^nnte - prigs ?

"I was tremtnccasly impressed end uncour^.god by the thoroughness
of the ht-arlncs and dellljerati ons of your Coramittae on Privilege
end Tenure, T wns equally plcesed to learn that the basic phil-
osophy held by your Roramittee is th-.t those vrtio seok special c^n-
sideration enfl trbatraent should gladly and with full cooperation
bring er,nvincing evidence in support ef their applications.

I do hope that present and future actions -f the Feculty's C-m-
mitteo on Privilege and Tenure will be so clear end positive" that
the greet majority of all interested groups will recognize that
the Faculty has taken full and capable responsibility for policing

Its bvm. " ^ ^ e

In the original report cf the Alumni Committee itself, the recommendstisns
provided for the following procedure:

1. Invitation (not requirement) to sign th- new contract ,:f .mpleyment.

?. The right of persons whs fail to sign fcr any r3es-,n to petition for a
hearing by the Committoe on Privileee end T-.nure.

5. Consideration of Committee findings and recommendations by the President
and Reg'^nts.

This, says th_ Alumni Committee, has been the long standinc- procedure on this
and simi.lar matters r:nd in no manner interferes with or changes the so-called "Tenure
or Review" privileges whi=h are so close to th. hearts of the faculty.

on July 21, the Pr.Eid^nt of the University r...-.ommended to the Regents the
acceptance of the report cf th. Committee en Privilege end Tenure,

on July 21 and on August 25, ten members cf the Board of Regents voted to
sust.m inc recDmrr..ndetions ef the Committee sn Privilege and Tenure that a list ef
non-sign.rs be retained. This numh:.r included the Gevorn^r cf the State, the
President of the University, and Admiral Kimdtz, one. time Commander in Chief of
Pacific Naval Operntions.

The facts Just mentioned are specific. More generally, the question which
interests the State, Ketion, and University is whether non-signing members of the
faculty are me.mbers of the Communist Party. This v^e, indeed, Regent Neylan's

Report to Academic Senate - psge 8

opinion nt an earlier period when he nsked tho f^.culty to declare itself and said
that the only issue v/as T'hoth^r cbnununists should teach up-^n the campus. It is not
whether these persons arc guilty of insubordination by their int^^rpretation of a
Regents' resolution in a manner which their faculty committee, the President of the
University, the Governor of the State, and ten Regents find correct. The action of
the Committee on Privilege and Tenure in holding hearings and making findings on the
broader issue discharged a duty which the Committee could not ignore. The Committee
was always conscious :?f this in its deliberations.

At the last meeting of the Regents, one Regent read to the assembled Beard
Dthe Committee's findin^rs in one cf th^ cases which the Committee had presented. He
follewei this with the question whether anyone present questioned the findings of
the Committee on any one of the cases in the- Committee report. No Regent questioned
any finding. To this extent the conclusions zf the Committee on Privilege and Tenure
have been accepted and the individuals on whom the Committee had recommended favor-
ably have been cleared. Individual Regents also expressed the opinion, and this was
the view cf the Committee also, vrhich it stated explicitly in each individual report,
that there was no evidence to justify suspicion of disloyalty in the case cf the five
persons whc^m the Committee had been unable to recr.mmend for lack of cocperatit«n. To
this extent these persons were cleared also. The action vjhich the Regents then took
as a Board, in dismissing non-signers, was justified clearly and specifically, at the
last meeting of the Regents, as a disciplinary measure addressed to members of the
faculty who had violated a Regents' rule with no implicati&n cf disloyalty of any
kind. 7/hile severance pay was offered in these cases, there is reason to believe
that the grant was not a generous act but a recognition cf the fact — and this was
the considered opinion expressed at the meeting by Regents' counsel — that legal

rights had accrued.

Report to Academic Senate - page 9

The Committee on Privilege and Tenure expresses its keen regret that the
Board of Regents was not able to accept its findings and recommendations. It regrets
also that the Board did not follow its est^hblished practice of considering indivi-
dual cases. It seems to the Committee that the Board took equivocal action in a
highly charged situation, and it either could not or did not explain the manner in
which it expected its action to be received.

Another question pertains to tenure. Unquestionably, tenure has received a
severe blow, not only by what has been done but from the opinions which some of the
Regents appear to entort^in. On principle, the existence of tenure cannot be held
to prevent changes in conditions of employment. There must be some flexibility in
Universities as well as in other instituticns. Cn the other hand, the value and
importance of tenure lies in the fact that it prevents arbitrary and capricious
discharge of members of a University staff who have been assured continuous employ-
ment. The present dischargss would seem to be arbitrary and capricious, because
they are not based upon lack of competence, moral defects, or disloyalty.

The situation is serious, today, but the future of tenure at the University
should be still more upon our minds. As to this, the Committee on Privilege and Ten-
ure does not think that the security of eoiployment at the University has been per-

ma

nently destroyed. On the contrary, it still believes that, upon the general prin-

ciple, agreement with the Regents can bu reached. The initial preblem will be to
arrive at some formulation or declaration covering tenure, and the allied subject of
academic freedom, which will encourage the sound development of the University by
providing protectiv-.n to the faculty and proper cooperation with and by the Regents,
It is probable that the faculty itself has not considered in detail how such a
declaration should be framed. The Committee on Privilege and Tenure would
expect the best results if the task were first entrusted to a limited group *»f

^ /

Report to Academic Senate - pa^e 10

faculty members, such as those in the Corrimittoe on Ac?^demic Freedom, end if the
proposals of this group were then considered by other f^.culty representatives ond
by the President and Regents, This procedure will be the subject of a recommenda-
tion in the ensuing report of the Committee on Academic Freedom. Work of this sort
c^.n be inspired by the higjiect concepts of University welfare. On this level
v/orkable conclusions should be reached, which can be expanded by experiehce. The
timing ef the process vjill be, of course, for the faculty to decide.

UNIVERSITY OF CALIFORNI

i\

SPECIriL MEETING OF THE NORTHERN SECTION OF THE Aa'vDEMIC SEN^^TE

Tuesday, September 9.6 , 19'^0

REP^JET ^ COI'Q'ITTTE.E ON aCiDEMIC FRd;EDOM
1 . Loyalty of the Faculty as Cltizenrj

Confusion exists as to the loyalty of members of the faculty as citizens. It is
therefore important for this Committee to retJtate faculty action.

a. Propositions Nos . 1 and 2 adopted oveivhelmingly by mail ballot authorized

at the meeting of the ^tcademic Senate, March 7; 19^0, read:

Proposition No. 1:

"The Academic Senate , Northern Section, has repeatedly expressed
its approval of the University policy which prohibits the em-
ployment of persons whose ccmmitments or obligations to any
organization. Communist or other^ prejudice impartial scholar-
ship and teaching and the frea pursuit of truth. But it cannot
accept the special oath, and the arbitrary dismissal of loyal
members of th3 faculty for recusal tc sign this oath, as proper
means of implementing a policy of excluding members of the Com-
munist Party from emplo:.Tuent in the University, for the following
reasons:

1. The second part of the oath is at once discrimina-
tion against the faculty in relation to other public
servants and a completely ineffectual method of pre-
venting the penetration of the Communist Party into
the faculty.

2 It is unjust and a violation of established prin-
ciples of academic privilege and tenure to dismiss,
and without a hearing, loyal members of the faculty,
simply and solely because they refuse to sign the
second part of the oath.

Continuation of the present controversy can only have tragic
consequences for the welfare of the University. Thtireforo, in
recognition of the Regents' statements of February 2k, 1950:

(1) That "any member of the faculty who is or shall
become a member of the Communist Party has violated
the terms on which he is employud, and is not entitled
to tenure, which involves responsibilities as well as
privileges, and shall be dismissed, after tht.- facta
have been established by the University administration,
which shall consult with the Committee on Privilege and
Tenure of the Academic Senate^ but only as to the adequacy
of the evidence of membership in the Ccmmunist Party." and.

-2-

(2) That "the responiiibility I'or j^df.ing members of
the faculty is a common concern of the faculty, of the
President and of the Rep;cntt;, in accord with the terms
of University Regulation No. 5, promulgated in revised
form Juno 1^:^^ 19kK. Thj Regents will, therefore, adliere
to their traditional practice of taking no action
against any member of the faculty on grounds other than
membership in the Communist Party without referring the
case through the Piesident to the Committee on Privilege
and Tenure of the ;.cademic Senate for full findings and
r e c omme nda t i on n a q in the pa s t . "

The .academic Senate, Northern Section, requests that there
be substituted for the present oath the following requirements:

1. All members of the vSenate will subscribe to the
constitutional oath oi: loyalty sworn by officers of
public trust in the 3tate of California, as prescribed
in Article XX, Section 3, of the Constitution of the
State of Callforni::.

2.

P

. All future letter o of acceptance of salary and
osition will contain a statement that the person
concerned accepts such position subject to the
University policies enbodied in the Regents' resolutions
of October 11, 1940, and June fiU, 19-'i9, excluding mem-
bers of the Communist Party from employment in the
University, and in University Regulation !?, endorsed
in the Regents' statement of February 2U, 19'^0.

Proposition No.

a:

No person whose commitments or obligations to any organization,
Communist or other, prejudice impartial scholarship and the free
pursuit of truth will be employed by the University. Proved
members of the Commimist Party, by reason of such commitments to
that Party, are not acceptable as members of the Faculty."

It is clear that the Academic Senate wants no Cv.r;^..uniots on th.:; faculty.
The faculty abhors Coiximunism or any other ideology which does not permit
freedom of inquiry, of opinion and of teaching.

h. After the adoption of the Regents' resolution of April 21 rescinding
the spucial oath, all members of the Academic Senate who are citizens,

-3-

including thoGo discharged by the PegontR^ Rigned tho constitutional oath.

The wording is aa followo:

"I do Bolemiily swear (or anirm) that I will support the
Constitution of the United Stat38 and th3 Constitution of the
State of California, and that I will faithfully discharge the
duties or my office according to the best of my, ability."

c. During World War II and at the present time^ many members of the faculty,
including substantial representation from those who have been dismissed,
have devoted themselves to scientific investigation and other duties con-
cerned with nation-.il defense and national welfare. How as always, service
to the State and Nation hoc been a primary concern of members of the faculty.
They take satisfaction in rendering 3nch service. In case of need, the
faculty as a whole would respond.

2 • i^terpretat i Qn_ of__ April 2] st Benolution of the Ee^^cnts

Controversy lias arif^en over the Interpretation of the April 21 resolution of
the Regents providin^^ for the ri^ht of a member of the faculty to petition the
President of the Universi':y for a review of his case by the Committee on Privilege
and Tenure of the Academic Senate. The Coirmittee on Privilege and Tenure has fully
reviewed its procedures and interpretation of t'le "honorable alternative" to sign-
ing the new contract. The Coi-unittee on Academic Freedom believes that the report
of the Committee on Privilege and Tenure fully establishes the existence of the
alternative. Thin Committee considers the report conclusive and gives its full
concurrence.

3 . Dismis::a] of Members of the Faculty

In the intoi'pretation c^'.vjn the Begents ' resolution of April 21 by the
Committee on Privile{-;6 and 'xenure and this Comiuittee. it is clear that thil*ty-one

non-signers had complied with the Begents' resolution. If, as is reported,
they have been discharged for disobedience, this Corimittee does not find them
disobedient for requesting and completing a satisfactory hearing in lieu of

-1+-

signing the contract. The^- would appear to have followed the Begonts • instructions
throughout. Since no charge has bsen made by the faculty, administration, or
Regents that any one of the Senate members diBciiarged is a Communist, and since
the Committee on Privilege and Tenure was satisfied that they are not, it appears
that a policy to exclude Communists from the University has re:mlted in the tragedy
of the discharge of non-Cormunists. While the Academic Senv^te must recognize fully
the authority of the Regents, it should regard thib action as tin unjuntified dis-
missal of competent and loyal members of the faculty who followed Jn good faith the
honorable alternative ae understood by the Sonate. l^iis Ccuriittee bolievea that
the Academic Senate should consider tht'.t '.hode oi i^:s number who have been so dis-
missed are atill members in spirit of our coim.iunity of scholars. Ae individuals,
the members of the Academic Senate i:houia five them support. ^

h . Report on Matters With vyhicU_ the Ccmm-ttce Js_ Charged

The Senate has asked this Coiniuittee to report the n^imbsr of these who hava
resigned from the University by reason of current conditions and the number who
have failed to join the faculty because of the existence of these ccnditioni.
The Committee has collected data during the past four months and is able to make
a progress report, with the understanding that the res;;lts are incomplete and that
the numbers are likely to change within the next few months. Aoeistance has been
secured from the President, and, as a check oii ccmplett^naes of .lata, chairmen of
all departments have been requested to give pertinent inform:ation. The results

are as follows:

a. Resignations: Eleven Senate mt^mbers.

b. Declinations to Positions Involved: Senate Membership - Eleven.

-5-

c. The University's reputation in the academic world hus been seriously

damaged. In the Department of Physics^ three of the staff cf four

theoretical physicists have been lost. The Departments of psychology and

Mathematics^ to mention only two, are severely damaged. The American

Psychological Aosociation has advised its members not to accept replacement

appointments at the University of California and the American Mathematical

Association has urged the President and the Regenua to reverse recent action

It is impossible at this time to appraise the full extent of the harm which

has been done and which will accrue. If present trends continue, as appears

almost certain, the extent of the damage will be tremendous. The most

accurate appraisal appears to be t)\at of the President of the University

when he recommended favorable action upon the finlingn of the Ccminittoe on

Privilege and Tenure at the Jun^- meeting of the Begents. He said in part:

"/^I_7'^ "t^® unanimous recomjnendations of the Committee on Privilege
and Tenure are flouted in the cases now before as, the effect upon
the whole faculty - not upon a dissident minority, I assure you,
will be tragic, and perhaps irreparable. Jor the Committee on
Privilege and Tenure commands che confidence of the faculty, as
do most of the petitioners also, many of whom, you must ha^e noticed,
have military records - some quite distinguished i-ecordfi, and many
of whom have been cleared for aecrut and sensitive security projects,
right up to Q clearance for the Atomic Energy Comraiaaion. The find-
ings cf the Committee will be generally regarded in oui* own and all
other university groups as just and fair. If the carefully considered
recommendations of the faculty's representatives are not acted upon
by this Board with reason and magnanimity, the University will be
seriously injured for man;\' years, if not permanently. I do not nay
that there will be riot and civil rebellion, for professors do not
act that way, but some of the heart will definitely go out of the
enterprise, and the cream of the teaching profession will no longer
be attracted or held by the University of California. Af to the chief
executive of the University in such circumstances, whoever he may be,
I can only say "God help him. "

l»A J^.

After all, there is a security inherent in democracy itself which
will be lost if we loje faith in free institutions. There is se-
curity, too, in the existence of intelligent men and women, willing
to make their ov/n moral and intellectual decisions and abide by the
consequences. We must devise machinery, if we can, that will keep
the University free from Communists, but, in so doing, we must not
suppress in our faculty the right of private conscience. If we do
that, we shall not have the jLain-apoken, intelligent, courageous
teachers, whom the urgency of the times insistently demxands.

I I

6. Effect of Re,)octlon of Report of the Conuiitt^je on iTU'llego and T^^nure at
/-.ue-u6t 2:^ Meeting of the Hegonto

The recent climax to the long continued disagreement "between the faculty and
the Hegento has increased ^^trr.inod relations "between faculty meiiibers in many de-
partments. Tht>ro is a general aotitude of anxiety and reduced enthusiasm for the
duties and chall3ngoE< or the academic cereer.

The rejection of the recom^iien-^v.tion^ of the Px-esldeut^ sustaining the report
of the Cum^iittee on Pi'i /ilege and Tenure, raines critical que^jtions as to what
academij freedom existn in the University and V7h?.t tenure is recognized. For years
the Regents have depended upon f-ill facult.}- participation j.n the making of decisions
affecting the ccnditionJ Cai'ucial to teaching and research and have given a high de-
gree of deference to iacult;\' judgment in raatt^ra^ s.ich as qualifications for mem-
bership, which are p'j'-uliarly within the competence of the iaculty--and the Uni-
versity lias flouric'.he'l magalxicently in thiu atmosphere of mutual confidence and
respect. But this ha Li been undermined by recent actions which were taken over the
protests of the faculty, and over those of the President of the University, the
Governor of the State and other diLitinguished Regenta. This Committee considers
that the Academic Senate should dirjappiove of the action of the Regents in dis-
missing loyal and competent liiomlers of t-ie faculty. There is general agreement,
including that ox the Regentcj, that there is no evidence tliat these members of the
faculty are Cc^.tuaunJcts or are s^ni^pathetic with disloyal or LubverJivo activities.

The Regents; have rejected as a \diole the li:idi:igs and reccmmendaticns of the
faculty Committee on Px-ivilege und Tenure, to whom they entrusted the task of in-
quiring whet]ier any surpicion of dislo;>alty attached to the non-signers. This

action undtrmin-iJ. the jrinciple of te.uirj-- . p:.\inc3.ple './hich is one of the basic
fcundatiovis r>i '^re'it univernitier . As lung '?3 it rtards^, the academic world will
ccnjidcr that the qn.alif ii-a ticnn for nembership on th^^ fw.culty of the University of
California may not be detorrriinel in ajcorri with the traditional policy of re com -
mendationa of the faculty aud PrcGiaeni, bat inc'eed by the Peg'~?nt3 contrary to

r:-fl.F ii-»ir - I :^;^'i'"TTlf?-=tf'iiiiSJiir(;ji1-'::ffiiiJ«

-7-

such advice. The academic world may question whether freedom to speak, to write or
to teach the truth contiriuea at the University of California. Evidence of such
doubt is contained in actions already taken by important national bodies and more
such actions are in prospect.
6. Conclusion

The Conmiittee believes that the recent action of the Regents in discharging
members of the faculty derives from the present emotional atmosphere of this country
and the rest of the world and does not reflect a desire to inhibit the pursuit of
truth nor to break down democratic faculty goverrjient. It is of the greatest im-
portance that constructive steps be taken to rebuild the fabric of privilege and
tenure based upon the areas in which the views of the Faculty, the President, and
the Regents are in accord.

The Committee proposes for adoijtion the following resolutions implementing its

report:

a. The Academic Senate, Northern Section, supports and approves the action and

report of its Cominittee on Privilege and T^^^nure with respect to non-signers of

the form of contract.

b. The Academic Senate, Northern Section, supports end approves the action and

recommendations of tht^ President with respect to ncn-Bip;ners of the form of con-
tract.

c. The Academic Senate. Northern Section, wishes to exnress its deep apprecia-
tion to those Regents who held steadfastly to a course of action which the
Senate regards as Just and reasonable. The Senate also wishes to express its
appreciation to loyal Alumni and other friends of the University.

-3.

d. The Academic Senate, Northern Section, disapproves the action of the P.egenta
in dismissing loyal and oorapet,.nt members of the faculty. This action stands

in marked contrast to the superh record of the Regents over the years ^ during
which they, as trustees of the University have fostered the conditions und.r
which the University has flourished so magnificently.

e. The Academic Senate, Northern Section, petitions tho Eegents to appoint a
committee to confer with the President and with a similar committee to be named
by the Academic Senate, on basic principles of academic fr".icdom and tenure.

^^^.

Report of Cgydttgo m jjqlfare of Non-Senato Acadeiric Employee f^

The present cc»ninittee was charged with two taske: r— -to explore the
appropriate ways throu^,h which the iir4>act of the recent action of the regents
upon non-senate academic employees of the University can be brought to the
attention of the Academic Senate or its committees; and II — to make recom-
mendationc concerning appropriate ways br which financial assistance ml^ht
be given to teaching assistants whose reappoii^! tment was affected by the

Regents' action.

I,

This committee reports that:

(a) the Senate Coirmittee on Academic Freedom is concerning it:. elf and will
concern itself with cases brought to its attentixi of grievance or hardship
of any non-senate academic employee with respect to his employment; and
will refer these cases to other committees of the Senate where needful and
appropriate to do so:

(b) that the procedure being followed is to present informaticn about such
cases and requests for stucjy and action either through the deparmental chair-
man or through the dean of the college. The individual rnay, if he wishes,
lay ids case directly before the Comrrittee on Academic Freedor.

II.
It l8 the opinion of this comfnittee that before any adequate and im-
partial prot.rarn for rendering financial aid to teaching assistants can be
devised, it will be necessary to ascertain a close approximation of the
number of teaching assistants who would merit assistance, ^ly teaching
assistants who were being rec cmir,ended for re-appointment for the year 1950-
51 and who refused to sign their contracts should be considered eligible*
This would mean that no ccnsideration w uld be given prospective new appoint
who refused to sign, or old appoint i^es who were not being considered for

\

reappointment by their departments for ooa rtiaaon or another. Before any-
final decision about eligibility cculd be made special attenticfi wmld have
to be given cases bein£ considered for reapi- ointment wio refiised to sign their
contracts but who accepted other employinent« l?urthermore, the amount of fi-
nancial assistance to be rendered an eligible teaching assistant who has
accepted part-time employment would have to be determined.

The committee further believes that if the amoamt of financial need of
teaching assisUnta appears large, presently employed teaching .assistants
should be encouraged to contribute financially to their .111^:1* )1m coIlMigusfic
Depending upon the amavnt needed, special consideration should oe given to
the establishment of a percentage figure to present to the fsculty as a basis
for achieving the needed financial aid for teaching assistants.

From the above facts it is obvious that considerable work will be in-
volved in determining the amount of financial aid needed by teaching assis-
tants, and in setting up a scheme for administering this assistance. This
ooomittec sugi 3sts that the vacuity Conmittee on Financial Assistance be
em^ owered to assume the responsibility for determining the amount of aid
and for organizing an appropriate administrative agency, '^'he i? acuity Com-
mittee on Financial Assistance as now set up to administer the financial
program for senate members has already been authorized to enlist additional
personnel from the faculty if such is deemed necessary, so a workable »^o-
cedure is already in existence for administering any program that might be
devised for teaching assistants.

Inasmuch as sr^e time must elapse before a financial ^ro^.ram will be
available for teaching assistants, and inasmuch as financial assistance for
teaching assistants may be px-offered by members of the University Faculty
and by other institutions, the coonittce desires to reassert the need for

A *>

the FAculty ^ommltt«e an Financial AsBistance to publicize the.r willing-
ness to accept and transmit contributi ^n* for purposes other than those
earmarked for 8en3te members* ^Ms comnjttee wishes to bring to the atten*
tlon of the Faculty <^om ittee en i'lnanci^i Assistance the fact that the Group
for Academic Freedom is also receivint ccntrlbuti ons, and c nsideration should
be given to tt^ possibility of brini'lug thi»ir organization to the attention
of prospective d^xiors not members of the University Faculty ►

This cooBnittee suUnits for the groui^'s consideration the following notloii?

!• That the Faculty Comnrittee on financial Assistance be given the re-
sponsibility for

(a) determining the particular teaching assistants who are eligible
for financial aid

(b) determining the amount of firancial assistance which will be
needed by these teaching assistants

(c) selecting and ortanlainp suci subcoir. ittees from members of this
group which it deems necessary for setting up and ackninistering
an equitable program of financial aid to teaching assistants.

£« That the Faculty Coanlttee on financial Assistance inform this group
in due course of the amojint '^f fin.nr!r:1a} support ne^d«c* f^r ♦^aehtni^ assistants
and make recommendations at to the f^/y^ (t^asibiv trfc^-i: m^jC -*>lleetinp Uw mwn-c^

5. That the Faculty oOflriitt-ee on Flnancla" As'JibC^rince i-Me reapjnsibie far
apprising the faculty, academic inatitutions, learned asscxiatia^^ and other

j^orties which have exnr^sr.ed ap iiterf^st v sup I'/inc f*T^nclj5l aid ?.c the

Senate and vu u.xr:u^.^rt "- ^ teacnii, ntHfT aff^ *

i.iw rece- ' Rctiori

Uie Regents » oi tne arr»i «?nts wnxch aa?'i i>«en mad« f" or rec^ivin^: ana ais

bursing financial aid to theaa

rs.

PROPOSED RESOLUTIONS

1 , Resolved that :

In receiving the re^^ort of the Coinmittee on Privilere
and Tenure, which is hereby placed on file, the Acader.ic Senate,
Northern Section, express its /^ratitude to the :;ienbers of the'
Coirmittee on Privilege and Tenure for their effort to safe-uard
justice and the welfare of the University in the hearings of
non-signers. The Senate is aware that this effort had to be
carried out, in the vital interests of the faculty, under clr-
cu^^stances which »:iade it extremely difficult. Reco,eni2ing the
obvious limitations under which the GonnTiittee had to work, the
AcadcT.ic Senate, Northern Section, hereby instructs the Corrr^iittee
(1) to make further inquiry into the cases of the persons whom
the Coinmittee did not reconi'-nend for reappointment on account of
lack of cooperation, and (2) in the absence of evidence of mem-
bership in the Commnxnist Party, to make favorable rocom.-endation
to the Administration for the restoration and continuance of
these individuals in their respective positions.

H. Bronson

T

E. Fontenroso
Carl Landauer

r>

13.

T\/T

'lorrey.

A. Y. Stanior

Jr.

^ • Resolved t}iat :

The Acadeiaic Sc^nate, Northern Section, instruct
the Comimittee on Rulas and Jurisdiction to prepare legislation,
for submission to the Senate, directing the Comi.:ittee on Acadomii
Freedom to act a^ guardian of faculty rights and privileges, to
report to the Senate with appropriate rccozTcnendations every
action on the ; \rt of any official and, alcove all, the Regents
that trespasses upon the accepted principles of University
government, and to include in its deliberations the rirhts and
privilccrcs of non-Senate academic cmrlovoes.

3.

^

Strong

Srcnson

J. E. Fontenroso

Carl Landauer

C. B. Morrey, Jr.

R. Y, Stanier

INSTRUCT lOKS

off in red,

▲Aires ft to each of the rammining names

all envelope, to read

Professor

Department of

University of California
Berkeley 1^ California

2, a lar^^e envelope, to read;

Professor

Department of
Csmpus

X

IJNI\ TTY OF CALIFORNIA

l^ETING OF THE NORTI-IER,N SECTION OF THE ACADEliiTC SSN/.TE

Tuenctay^ November 21 ^ 1950 at U;1C p.m.
Auditorium, Benjamin Ide Vfneelcr Hall

ORDER OF BU3IMES

oS

I.

II.

:ii.

V.
VI.

VII.

VIII .
IX,

V

XI.

Minutes cf the meeting of October 9^ 1950

Ann ounc erne ntw^ by the President

Announcements by the Vice-President and Provost

Announcements by Deans, Directors or other Executive Officers

Special Order ^ Nomination of the Committee on Committees.

T. B» Steel, Secretary
Reports of Special Committees
1. Report of the Special CoiTiiiiittee on Graduation Matters,

T. B. Steely Secretary
Reports of Standing Committees and Faculties

1. Report of the Committee on Privilege and Tenure. S. Daggett,

Chairman

2. Report cf the Comrr.ittee on Educational Policy. J. J. Van Nostrsnd,

Chairman

3. Report of the Committee on Committees. T. B. Steel, Secretary-
Pet it ions of Students

Unfinished Business

University and Faculty'- Yfelfare

Nev^ Business

1. Resolution by Professor Neyman and Others. J. Neyman

THOmS B. STEEL, Secretary/
Academic Senate, Northern Section

BerKeley, i\iovember l5, 19^0

(11,»50 - 1500)

UNIVERSITY OF CALIFORNIA

In accordance v;ith procedure described in by-law IU85 Manual of the
Academic Senate, notice is hereby given that nominations to replace
six: members of the Committee on Committees whose terms exj^ire this
year vd.ll be made at the meeting of the Academic Senate, Northern
Section on November 21, 1950. Additional nominations will be received
by the Secretary of the Section at his office, Room 128 Administration
Building, not later than

Tuesday, December $3 19^0^ 5 P^riu

Liembers whose terms do not expire until 19^2 ares S. B. Freeborn,
G. E. Marsh.

The names of current members whose terms expire January 19^1 are:
R. T. BirgC; G. H. Hart, J. B. dc C. h. Saunders, B. M. ^ToodSj

elected members; and E. W. Strong, , members

ap£oi_nted to fill vacancies caused by the withdravral of F, L. Kidner
(on leave) and R. J. Sontag (resigned).

Thus, six members are to be elected in the current election: four members
for regular two-year terras, and tv;o members for one-year terms to fill

vacancies.

THOmS B. STEEL 5 Secretary
Academic Senate, Northern -Section

Berkeley, October 27, 19?0

To the Secret aiy,

Academic Senate, Northern Section:

¥e horebv nominate

for election as a member of the Committee on Committees.

Berkeley, November , 19^0

-2-

5]F£^'Ly?L-71L^^P^liL CO? t jttee on gwadqation i/atters

To the Academic Senate, Northern Section!

The Special Coi.imittee on Graduation Matters, at a meeting held
on October 23, 1950, approved the recommendations of the faculties of the
several colleges and schools, and of the Graduate Council concerning the
award of degrees, certificates and honors^ to students completing require-
ments in July and Septeriiber 19!?0.

The Committee recommends that its action as thus reported be con-
firmed and that the list of successful candidates for degrees, certificates
and honors, July - September 19!?0, be placed on file in the minutes of this
meeting of the Northern Section of the Academic Senate.

Berkeley^ November 2, 195^0

Respectfully submitted,

THOlviAS B. STEEL, Secretary
Academic Senate, Northern Section

REPORT OF THE COMITTEE ON EDUCATICNAL POLICY

To the Academic Senate, Northern Section;

The Academic Senate, Northern Section, at its meeting on May 1,
1950, considered the progress report of the Special Committee ""on Re-"
organization. Southern Section, and voted to refer to the Committee on
Educational Policy, Northei^n Section, those portions of the report re-
lating to the memorial to the Regents concerning the invitation for mem.bers
of the Santa Barbara College to join the Academic Senate, Southern Section.

The Committee on Educational Policy, Northern Section, presents the
follovdng recoiijmendations

"The proper procedure to follow in order to determine the
advisability of including the faculty of Santa Barbara College
in tlie membership of the Academic Senate is to have informal"
discussion of the question by the members of the Coordinating
Council of Santa Barbara College. It is the opinion of the
Committee on Educational Policy, Northern Section, that in
this discussion consideration should be given to the existing
regulations of the Academic Senate and to budgetary procedures
which v;ould require serious modifications in the case of the
Santa Barbara College faculty."

Respectfully submitted,
For the Cominittee.

Berkeley, November 2, 19^0

J. J. VAN NOSTRAl©, Chairinan

-3-

-^::?ORT OF WE COJ'.MTTEE ON COrMITTEES

To the Academic Senate, Northern Section:

On behalf of the Committee on Comjnitteos, I report the follor/ing
chan.:;jeG in appointments to standing committees for the year 195^0-51?

^£i4GJ*P:£Zri''Moil^° ^^» i''^» Stanley named Chairman and J. R. Caldvrell added
to "tiie membershi.p in place of B. lu Woods, resigned.

University V/elfare: A. C. Hclmliolz named Chairman and L. A. Harper added
to the membership in place of A. S. Foster 3, resigned.

Coordinating: A. C, HeL'iiliolz v/ill be a member of this committee as a
result of being named Chairman of the Committee on Universit;
Vfelfare,

y

Berkeley, November 2, 1950

Respectfully submitted,

THOMAS B„ STEEL, Secretary
Committee on Committees

RESCLUTION OF PROFESSOR NEYiiAK, AW) OTHERS

To the Academic Senate, Northern Section:

There is a pressing necessity of acquainting the general
public vdth the issues at stake in the present oath controversy in
this University. Up to the present, the most effective step taken
in this direction by members of the Faculty of the University of
California is the book, "The Year of the Oath," \7ritten by Professor
George R, Steuart in cooperation vdth several unnamed colleagues.
Therefore, the undersigned move the adoption of the follo:.dng resolu-
tion:

Be it resolved: The Academic Senate, Northern Section,
expresses its gratitude to Professor George R. Stewart and his
associates for their efforts tov;ards presenting the point of vievf
of this Faculty and hopes that their first bock vdll be followed
soon by others equally informative and effective.

Respectfully submitted.

Berkeley, October 2^, 1950

D, I. Arnon
G. B, Bod man
C. "^ Brovfn
S. R. Dempster
P. F. Griffin
W, Z. Hassid

L.

Henyey

J. A, Jenkins
H. Kirby
D. F. Lchmer
P. L, Morton
J. IJeymon

Roy Overstreet
R. I'i. Robinson
P. R, Stout
R. J. Trunpler
C. E, lanTOod
J, Yerushalmy

-h-

COMMITTEE ON PRIVILEGE AND TENURE

The following communication, from the Committee on Privilege
and Tenure to the President, is submitted for the Senate *s information.

October 19, 1950

President Robert Gordon Sproul
Administration Building
Campus

Dear President Sproul:

The Academic Senate, Northern Section, at its meeting of
October 9, requested its Committee on Privilege and Tenure to make
f^orther review of the cases of the five persons whom the Committee
was unable to recomraend in its report to the President on June l6,
1950. The Committee has made such a further review.

The Committee's action respecting non-signers on June I6 was
determined by the willingness and ability of persons who appeared be-
fore it to take advantage of the presumed alternative offered by the
Regents* resolution of April 21. '^a each individual case the decision
of the Committee was rendered as to the fact: whether or not the faculty
member had supplied a response which could be construed as substitute,
for the written statement on the special contract, and thus whether or
not the conditions specified by the Board of Regents had been met. In
each case where the Committee found that these conditions had not been
met, it included in its closing statement the sentence "The Committee

has no ground to suspect that is a member of the Comjnunist Party

and what evidence it has indicates that is not and has no similar

affiliation." No accusation was presented to the Committee in any case.

The request of the Senate that the Committee on Privilege and
Tenure make further review of the cases of the five persons who did not,
in the Committee's judgment, meet the conditions specified by the
Regents in their April resolution now imposes on the Committee a duty
of a different character from the responsibility which the Committee
formerly assumed.

In view of the information made available to the Committee on
Privilege and Tenure with respect to members of the non-signing group
and the Committee ^ s findings hitherto submitted to the President and to
the Senate in Committee reports, the Committee now repeats conclusions
which it has previously made clear. The Committee's findings are:

1. That the five persons whose cases have been again reviewed
are competent and valuable members of the University faculty.

2. That the Committee on Privilege and

Tenure

iiiciu *^ii^:; v^ ujuii'ii u i/c^ v^'ii i.xj.vxj.u^c o-iiu j.v^ix>aj.^. nas no tjvicicnce
and no ground to suspect that any one of the five is a
member of the Communist Party; on the contrary, such evidence
as it has, indicates that no one of them is a m.ember of the
Communist Parxy or has any similar affiliations.

i

These findings^ now reiterated in reporting upon the five,
apply also to the h'J other cases which the Committee examined.

The Committee observes further:

3. That no charges of disloyalty, incompetence, or moral

delinquency have been laid against any one of the five who
are now considered.

h. That the discharge of these five individuals as a disci-
plinary measure, constitutes a breach of tenure for the same
reasons and to the same extent as the discharge of other
non - s igner g , and

5. That no present evidence exists to warrant discriminatory
action in any one of the five cases herein referred to.

The Committee finds it difficult to make recommendations which
would normally follow the findings that it has prepared because the
group of five persons is not now intact. The Committee is informed that
one member of the group has resigned and that one has signed. The
Committee has made a special report in a third case, recommending reten-
tion. This has not yet, in so far as the Committee knows, provoked
Regents' action. Technically, therefore, the group of non -re commended
non-signers has been reduced from five to two or three. The Committee
is disposed, however, to ignore these changes so that all of the five
persons may benefit by its present findings and so that all of them may
be joined with recommended non-signers in later discussions that may
occur.

The Corrjnittee therefore recommends:

That the cmplo:niient of the five persons whose names are attached

to this report in an appendix be continued, or that steps be taken to

reestablish their connection with the University if this connection does
not nov7 exist.

Signed,

COMMITTEE ON FHIVILEGE APJD TEI^JURE

Percy Barr

Roy E. Clausen

Griffith C. Evans

F. A. Jenkins

W. L. Pressor

H. B. Walker

S. Daggett (Chairman).

- 2 -

(Unanimously adopted by the Senate on Tuesday, June 5, 1951)

Th< iden

ading iinai

entire

i mnO'^tr.fi or Ar.r-^

Ity, as

y 1.

/

>^i

UUi' XUVo

ejected from their i.os

The Senate ofound conviction

immediately vital for the p rvation of the Univ
sake of Justice-, ?.'ore r.Dociflcallv th^t late addjc

sidf*r;iti ons:

of

tee

A. Grievous cii:u j«uuiiui.ii^'. losvses ol ic^juuc,
documented in the reports of the Senate ^s Cor:
must be arrt steel;. Furthei' refusals to s^*
consequent ag^rravation of the crisis, must be aver

Be CAir ejected colleagues, having 1' just. :
and financial harm^ will. In th^ ^\■ar\t of ther.Q men:
unfairly injured.

•es are

the

con--

Uiii^l.l-UU,

c

i'reed^

)n, and

. ofess L
c further and

• Ho prejuuicing ui uiie case, no sui rendex' cl .c.t>t-;xweu x±i:nus is
irjiplieG in this memorial. The measures ' > d leave f :* ' ' .ination
of legal issues to the courts.

In conclusion, the Senate expresses its deep gratiti. o the Board
of Regents for its recent action designed to bring t. ti\^e con-
troversy to an end and profoundly hopes that this will ^oon complishrd
If, however.; the withd"^awal of the special declaration and remstatemeni
as of July 1» 19$Q> should not prove feasible at this time ^^-^ T.easures
here urged, while not conclusive, will go far to serve the u high
purpose of preserving the University as a great, free and r«::SDected
institution.

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UNIVERSITY OF CALIFORNIA

OFFICE OF THE PRESIDENT
BERKELEY, CALIFORNIA

Mav 28, 1940

Personal and Confidential

v.

i

Professor Ernst H« Kantorowicz
2424 Rid^:e Road
Berkeley, California

Dear Friend:

It is vath the ver>' deepest of regret that
I am writing; to tell you th?.t I did take ud with the
President the question of your reappointment, and he
said that he felt that he had definitely stated that
there v;oiild not be a reappointment. It was his feeling
that at the interview which you had v;ith him he had
given a final and definite answer.

It is needless for me to tell you now deep
our refTet is that this is the case, but I felt that
since the decision had been made it was best to communi-
cate it to you at once.

Be assured that I wish to do anything v/ithin
my power to assist you with reference to an appointment
for the next year, and I hope and believe that you know
this and will not for a moment hesitate to let me know
what I can do to assist,

LTrs. Deutsch and I are leaving, on June 1 for
a vacation of approximately tv;o weeks but shall be in
Berkeley for the latter half of June,

We have been so happy to have you with us
here in Berkeley and I hope that some day that association
may be renewed. In the meantime, we shall, of course,
expect to see you frequently before you leave the campus.

With the warmest of personal greetings and
the sine ere st of good wishes from Mrs. Deutsch and myself,
I am

Cordially yours.

MoTrrTTe i:i. Deutsch
Vice-President and Provost

HED:A

OFFICE OF THE PRESIDENT

December 18, 19^0

Professor Ernst H. Kantorovlcz
2424 Ridge Road
Berkeley, California

Dear Professor Kantorovicz:

Professor Paxson has sent me your letter of NoTember 9i
discussing the publication of your book, LAUDES REGIAE, and I
have investigated the possibility of using the University Press
as the publication medium. As a result, I am disposed to be-
lieve that the process of publication would be speeded up very
little by sending the printing outside; perhaps a month or two
might be saved but hardly more. If you do decide to have the
book published by our Press, I shall be glad to do everything
that I can, personally, to expedite its pcuasage through the
machinery .

With kind personal regards and the greetings of the
holiday Season, I am

Yours sincere

RGS:HB

UNIVERSITY OF CALIFORNIA — (Letterhead for interdepartmental use)

♦--.

UNIVERSITY OF CALIFORNIA

OFFICE OF THE PRESIDENT
BERKELEY, CALIFORNIA

April 22, 1941

Dr. Ernst H. Kantorowioz
2424 Ridge Road
Berkeley, California

Dear Dr» Kantoror.Yioz!

You will find enclosed a oopy of a letter
which has just come to me from Bernard Flexner. It
was a great joy for me to receive and read it and to
learn that a grant had been made for you.

The letter itself does not indicate the ex-
act amount of the grant. I am hopeful that it is the
same sum that was granted for the current year.

With the very warmest of personal regards,
in which Mrs. Deutsch joins me, I am

Cordially,

Mohr©« E. Deutsch
Vice-President and Provost

MEDtlOT
Enclosure

f

C C P Y

BEKlw. ik

670 Lexingtrr ATenue

kvTil 1^, ^?41

Dear Dr. Deutsoh:

Ansi^ering 5^cur letters of the End eoid 9th,
I take pleasure in sayir:^ that at the laeetin^ cf the Sub-
Ocinmittee or Applications yestercav, the Gc«nittee niace
a grant for Br. Eantcrowicz. Ferscr.elly, Mr. Stein, ILr •
Liebioan and myself were gratified with Vr. Ehroan's gener-
osity and th« Coimjittaa was deeply appreciative.

I do hope xna-i curing this next year it may be
possible for us all to do something toward finding a per-
manent post for 6 0 able a scholar as Dr. Kantorowior.

Very sincerely yours,
(Signed) Bernard Flexner

Dr. lifiDiiToe Deutsoh
Vr.iversity of aalifcmie
Le rke lev, Sal i for nia

£F/ET

March 1^, loLp

Profeeeor Frederic L, Paxeon
50 Wheeler Hall

Canipuff

Dear Profecsor Pax son:

Like joii , I should welcome an arrangement
which would keep Dr. Emet Kantorowicz on the campus,
hut I am not at all certain that, with the financial
prohlewB which will face us in the coming ^ear, we shall
he ahle to offer him an appointment as a professor at
the minimum salarv of the rank "without prejudice to
other somewhat more "basic needs," or indeed to offer
him any appointment at all. Of course, if friends of
the University should again come to the rescue, the
situation would be quite different - i.e., I should
he glad to have Dr. Kantorowicz stay as long as he
wantB to, provided his salary comes from some source other
than our general funds and provided he understands fully
that we are not incurring an obligation, either legal or
moral, hy retaining him.

Yours sincerely.

P'-'bert. ^. 5"nr(^nl

\

\

Jane 50, 1942

Prof«0«or Frederic L» Paxeon
Department of History

Deer Profeesor Paxeons

In the li«:ht of your letter of June 27 and e letter
the eame date from Profeepor Sontag, I sm ifiling to reeoisiend
and to justify an appropriation of |800 from unlTereity funde
to ard a salary for Proiessor Kantoroiries for the ae^demio .\
1942-45. I nm writinc: to Tr. Dui5|5:an aooc y and, in the

light of his letter of June 10, I believe that Professor
KantorowioE, to whoc I asi eeoding a oofgr of this letter » may
•tsent upon in cone for next year at least to the extent of
$..,.O0.

Later, perhaps, when we have more ten cwr ledge of what
the University is to be in these war tl es, you and I sAy be
alale to work out lonr;tr-tern5 and better plans.

Tours sineerely.

of

Roibert G. Sproul

tfWF
00: Professor Kantorovrioi

/

i|

•j#'

FREDERIC L. PAXSON

BERKELEY, CALIFORNIA

Juiy 3, 1942

Dear Ernst:

The greatest satisfaction which I get from
President Sproul's letter, a copy of which you have, is
derived frora his hint that the question of your status
in the University is open; for consideration during the
approaching year»

The names v;hich he mentions come from only
the correspondence on his desk at the moment of writing,
^e has had advices from other quarters.

course

Y;ill you not drop in for a chat concerning
ai d v;hat not?

Cordially yours.

jo.p

Berkeley, Cal., July 1,1942.
2424 Ridge Road.

President Robert G.Sproul
University of California
Office of the President.

Dear President Sproul:

I thank you very kindly for sending me the copy of
your letter to Professor Paxson and thus informing me
that an appropriation of ;g800 from University funds will
be at ray disposal for the academic yearx 1942-45. I luiLly
T^revailinF realize the difficulties in this present critical moment
prevailing l^^^^ll^^^^^^ ^^^^ ^^^ ^^ore appreciate your efforts toward

finding this temporary solution.

I

I I

<

BERNARD T L EI X N E R

570 LEXINGTON AVE.
NEW YORK

July 2, 1942

Dear Dr. Kantorowicz :

Yoiir letter to me of Jime 15th must
have crossed Dr. Duggan's letter to Dr. Deutsch
notifying him of a renewal grant by the Emergency
Committee in Aid of Displaced Foreign Scholars
for you. This is the best kind of answer I can
make to your interesting letter to me.

I do hope nothing will interfere
to interr\ipt your work at Berkeley. I shall
always be glad to hear how things are going.
I know of no means to apr;roach the Carnegie
Foimdation except by direct application to it.
Possibly Dr. Deutsch might be willing to do this.
If anything occurs to me I shall let you know.

greetings

Miss Flexner joins me in cordial

Very sincerely.

Dr. Ernst Kantorowicz
University of California
Berkeley, California

bf/et

BERKELEY: DEPARTMENT OF HISTORY

X

June 2, 1943

Dr. Ernst Kancorowicz
Department of History

Dear iiirnst:

It has recently come to my knowledge that the President
is not 5oing to find himself able to offer you a position in
the University after June 30. This news may have come to
you from other sources, but I feel that you ought to know
it, ana at as early a date as possible,

I am deeply grieved by the necessity wiiich has driven
the President to this conclusion, I know that he has valued
your services in the University/ and I have developed a
great respect for your scholarship, which would be an
ornament to any department of history. I have an even
deeper appreciation of the dignity and courage and tact
with which ^ou have met a situation of greatest difficulty,
I hope that if any occasion arises in which my word will be
of any assistance to you you will call upon me freely and
as often as may be necessary.

Faithfully yours.

e^/^W-^Ci^wf

:ri.9'

Frederic L. Pa:xson

FLP : i s

UNIVERSITY OP CALIFORNIA — (Letterhead for interdepartmental use)

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BKRKELEY, CALIFORNIA

June bthf 1943 •

professor Frederick h^^axr^on,
Depai'tment of i tstory.

Dear I'red:

It .s goo • of you to ?L»''-: no know tiiat ; oma
locuta est and tlriat xresiden: -^;roul is eo^uaily inter-
e^tud in both vii^.eval Ilii-tori' ar " % ^ r^on. 1 c'^therea
the fact from the xrogram in Wuicti bourse 125 1 thou^ih
still found in tne proofs, ceiasod to fi.^'ure.

Vilih

t: : axcoptioxi of your r.^aiu. lines, which I
have appreciated as a friendly private intimation and for
^hioh . th.ak you, I have not received -t *y official noti-
fication as to the SL.ae of axxuirsi — three wee as cefore
my contract with thi- liv-: roily expires. This vrxy of
dealings ^ith a person which is not criuinal, but merely
defexibclu^a, strikes me, to > .^y the least, as uiuair. u.t
tops all the humiliating e-xperiences i have gone through
during these ye^rs, .^/■hi:jh however were outv/oighed by txie
friendly feelin,^s shown to me uy almosx all riierabers of
the iiep^rtmout an- i.; 'chc "Irst pl^ce by :Jr. Bolton and
you. iou may Le sure that I shall not forget either the
one or the other.

I am going to C

or

.)r ten days.

On my return I shall call upon you and iiopo to find you
then recovered and in your usual stAte of sound health.

I thank you vary oordiiilly for all that you
,1 vc done for me, and reriain with the very best vvishes,

yours faithfully

2424 RIDGE ROAD
BERKELEY, CALIFORNIA

July 1, 1943.

President Robert CSproul
Ofrioo of the irresident
University of California
Berkeley, Gal*

B^ar Dr.Sproul:

Private information has reached me, and the Catalogue
of thj Sxiiiiiaer and rail Semesters seems to corroborate
thib information, triat my connection «vith the University
of California ii; not to be continued after June 50th,
1945.

To-day is July the first. An official notification
from the part of the Administration of this University
is not in my hands. :y corxduct, as far as I am aware,
does not make it self-evident that a dismisii^ without
notice should be the appropriate form to end a con-
nection v/hich has lasted four years.

May I therefore ask you why I have not ueen informed,
in due time and in a fair manner, about the intention
to discontinue my api^ointment? 1 also think I may
properly ask that an official notification be sent to
me indicating that my connection v;ith this University
is not to be renewed after June 30th, 1943.

Yours sincerely

Smst H^Kantox^o.^icz.

f

UNIVERSITY OF CALIFORNIA

OFFICE OF THE PRESIDENT

July 5, 19^+5

Dr. Ernst E. Kantorowlcz
2if2i| Ridge Road
Berkeley, California

My dear Dr. Kantorowicz:

In reply to your letter of July 1,
I do not iDelieve I can do better than to enclose a copy of
a letter which I wrote to Professor Paxson, chairman of the
Department of History, on March ik, 19i^2, when your appoint-
ment for the year 1942-if5 was under consideration.

Your later appointment for that year
was, as you know, of course, financed in major part from a
source other than University funds, and the small stipend
paid you "by the University was for service as a Lecturer,
a status known to all in our academic community as honorable
but impermanent.

Failure to make similar provision for
the year 19^^? is not to be considered, therefore, as in an^^
sense a dismissal. On the contrary, we should be delighted
to have you continue as a member of our faculty if the re-
sources were available from which to pay you,

I am scrry that we offended you by
failure to send official notification that the very temporary
appointment which was made for 19^2-^5 would not be renewed.
I can only plead in extenuation, l) that it has never been
the custom of the University to send such notification to
Lecturers, and 2) that I thought, in accordance with the
enclosed letter, that the chairman of the Department would
have told you of the impermanence of your status.

Yours sine

RGS:L
Enc.

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

September 8, 1944

Dr. E^nst H. Kantorowicz
c/o General delivery
Carmel, California

Dear Kantorowicz:

In the present state of affairs, the University
is finding it impossible even to consider appointments which
are in the nature of expansion of activities, and is having
to postpone the filling of many positions vacated by death,
resignation, or retirement. This has destroyed ray hope for
an additional appointment in Mediaeval History, of which I
have talked with you. 'Ihe President is not now able to make
any commitment respecting so important a matter as the con-
tinuation of the work in Mediaeval England after the retire-
ment of Professor Morris next summer.

He has, however, authorized a lecturership for
the two Terms, Nov. 1, 1944-June 60, 1945, after arguments
based on the importance of continuance of English Constitu-
tional History, particularly in its Mediaeval phases, as
a 'must' matter for this Department. He has been additionally
influenced by the fact that during the Spring Term Professor
Morris and Professor Guttridge will be on vacation.

After discussion of the matter with you, to be
certain ttfityou realize the 'must' character of English
Constitutional History (History 152ac), and that the lecture-
ship is entirely 'without prejudice' to future action res-
pecting the Morris retirement, I have asked for your appoint-
ment as Lecturer for these approaching Terms.

The program of work will include the usual three
courses: (1) History 152ab; (2) a Seminar (225ab) for such
graduate students as you may find in fields in which you care
to direct their work; and (3) for the November Term your old
History 125c, Age of Transition; for the March Term, Hietory
131a, v\^ich Guttridge would normally have offered at that time*

I need not tell you that it will be a great satis-
faction to me to have you again associated with the Department.

Cordially yours,

Frederic L. Paxson
FLP:is

BERKELEY: DEPARTMENT OF HISTORY

June 5, 1943

Dr. Ernest II. Kantorowicz
Department of History
Campus

Dear Dr. Kantorowicz:

The Foreign Area and Language Program is still
in a rather uncertain condition, but President Sproul
has authorized me to make commitments for three months,
beginning June 14th. As your connection with the De-
partment of History is terminating, it is necessary for
us to negotiate a special agreement.

After discussing the matter with Professor Kroeber,
I make the following proposal: that you teach four sections
of the Modern History and Contemporary Politics course
(three in Dr. Kroeber's program and one in mine); that you
also serve as assistant and reader for the total of seven
sections in the course; and that your compensation be
1200 a month or $600 for the three months. For budgetary
purposes one-half your salary will be charged to the
European program and one-half to the Asiatic program,
but that is a matter of administration which does not
effect you. Since the future of these programs is obscure,
it is impossible to make any commitment beyond the three
months.

This offer requires confirmation by the Board of
Regents but I have no doubt that the confirmation will be
forthcoming.

Needless to say, it will give me great personal
pleasure if you can accept this offer.

Fajjthfully yours.

.aXond i. Sontq/g

RJS-T

UNIVERSITY OF CALIFORNIA — (Letterhead for interdepartmental use)

OFFICE OF THE PRESIDENT
BERKELEY 4, CALIFORNIA

UNIVERSITY OF CALIFORNIA

September 11, 1944

Dr. Ernest Kantorowicz
2426 Ridge Road
Berkeley, California

Dear Friend:

Thank you warmly for allov/int;; us to
read the two articles in the New Yorker with
reference to Thomas r.:ann. We enjoyed them
greatly; they are extremely v/ell done and

o

ive an excellent picture or both the Nobel

Prize winner and rds family. I am returning
the magazineii to you under separate cover.
With renewed thanks, I am

Cordially,

LloTtrrre' E. Deutsch
Vice-President and Provost

IvlEDtA

BERKELEY: OFFICE OF THE SUMNER SESSIONS

■nor»f3nhpr» 1 . I^!i7

Dro -• ^^ • Kantorowicz
Department of History
Carnrus

My dear Qr. Kantorowics:

You are cordially invited to join the staff of tl-ie i'^irst
Suimner Session of the University of California, Berkeley, for the
period ^vjie 21 to ''ulv 31, 1^''°-.

The assignment proposed for you is as follows:

History S130A. Thf: Thirteentv^ Century.
History S130B. The RenaiFsarce in Italy.

The compensation will be '^^O.

Compensation is subject to such deductions as may be
required by law or University regulations t

If, as we earnestly hope that you may be able and willing
to accept this invitation, it is important that the enclosed form
be signed and returned at your earliest convenience.

Sincerely yours,

A. P. DAVIS

Dean '^^ th(^ C ■''"''••« ^ i,f^\-.^n-^c^ .-^n-s Srip'^ce

A^D:fm.

MILLS COLLEGE

OAKLAN D-CALI FORM lA

Oakland 13
6 June 19l|i|-

Dear Eka:

Your letter about my essay in the Vitality is
quite overv/heLning and I feel very deeply complimented.
Let me insist, however, that my mdnd is not nearly so
subtle as you seem to think. It has often been re-
marked that Robert Browning undoubtedly never dreamed
of the meanings whioh Browning Societies have discovered
in his poetry, and I fear the same may be true of ray
little article; hov/ever, both Browning and I are happy
if our thoughts manage to stimulate more profound thoughts
in the minds of othors, and you are to be congratulated
upon your creative achievement.

Perhaps unknown to you, I have been helping to
fight the "Battle of Berkeley" in your behalf. I do
hope that victory ;vill be ours and that a decision may
be reached quickly.

^!ills celebrated its Commencement on Sujiday, and
Ilaude and I are getting away for a week this coming
Thursday. The college seethes with activity until the
middle of August, but I eon determined not to be involved
in its seething all day every day. There is no time to
think and I don't want to go stale mentally. Maude and
I do hope to see you from time to time.

Cordially,

I^rbn ^^Jhite, jr.
President

Dr. Ernst Kantorowioz
P)|P)| Ridge Road
Berkeley^i California

Ube XHniversttis of Chicago

CHICAGO 37. ILLINOIS

Committee on Social Cbougbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHINS
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REDFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

January 30, 1945

Mr, Lrnst Kantorowitz
DeDartment of History
University of California
Berkeley, California

Dear Mr. Kantorowitz:

My colleagues and I wonder Y/hether you might

be interested in spending a quarter ^^.^^/J^trt^e'^'^o.
o-h thP University of Chicago m connection v/ltn xne pro
^Jai of tirSoSttee on Social Thought. We presume that
you^oulHish to carry on «ork in the general history of
the Renaissance or the Middle Ages or both.

As I presume you have never heard of the Com-
mittee on Social Thought. I am sending you ^^P^f J^^J, ^°"^^
documents concerning it togetherJ^dth a Pamphlet of mine
Shich deals 7Jith the general problem that we ^re trying to

attack. The Committee is ^^P^f^^^J^f^ff !?,i%^r'ne?t
t«o further documents, one of «hich -ie^^^^^Jf ,f J.f^!^*^
of Renaissance civilization. As soon as tnis is reaay,

I v;ill send it on to you.

There will doubtless be many questions in

your mind that «ill want attending f • ,f ^!?l,Jf ^/^^^
to write me fully about these, ana I will attempt to

them.

answer

Yours sincerely,

J<nAM. IK

JUK:ra

e. ru ,ry iXiif Ij-rS*

Oommlt^ee or: "-^ - .ixOu,

J>«ar rroi>88or Nef:

C . ^o ackiiO>.ic;d^e t receipt of your

letter of January i-, of your say on "universities i*ook

for L:.ity
Sociotl i.hou^iw»

thf> v?:ij:ious proKTcxB^ of t't .o iiiitiee oi.

^ kTio.v nothiri^ cibou*
of the CofflBiitteet or t^i the duti.

or about t lit ions that

or c^cout t 1. ^ xlity of un a
"a (quarter or an aoademic year", but 1 ha. to

for your invitation, to tha ^ you Inde d vrj

to assure you that your cour^^geous ei .vours to

studies, and therewith the work of universities,
have my fullest syvpiithy and s;-^ ort.

- -.ww-^.x functioning
t ^ould ex -^t me.
Id have to I'lce,
xroa Bericele,, for

vou

^..c

reaso

le*

find In disa^re

1
ais-

cuss^^

:■ is not a line in your e^L-^y
.t with my o\hTi exi^eri . 1 n. vt

only a fc . s a^o, v. . 3oileag\ie the x.

sit. .on of our rx ate students who, by red t:.

pruvc^.wed xrom concentrating u on thtir true i: . _
(as I oalled it) from recliy "living- their work
c3Bp#lied to occupy themselves with a nelulous ^,-^. ^ith'^'^^
^•tting the ILEIi, or ^it). unsatisfactory specialized . „*

wiuhoux ;ttln£ a rAl%, ana . o are aliO^t ay
spoilt for ever £c in^ the

itatls autandls, tv /*at you
thinJLii^ *»ith Oi^e's wAnd and t
&hen 1 oMitlon similar thin--,
kindly and friendly, for be-u^^ 4n "ir.corri^i .
t lOHfh I have to a^mit ^t there are exceptio
^yaoad g or xy?ir. . i^ite ar.d others, /our

i- ItatiAg docuaent a : adalra your coursoS.
it i£ the voice of one crying in wildernsss, I do hope

ti*..t the echo will not ce the usual *'^t hia cry!"

_ ^ / with o
I wou-.-^ oauail

ire

^^ho aru

daticaxly

ib ,

. or-. a

blood.'*

_ ^ l^tonist" ,
^ -4* as
*^ an
u w alt Ti ou<rh

" /^ -v

If t .lb lurn out vO
at to spsak freely
you to

V Wl ««

1 , . ijnail be vwry ^IaA to cooperate
,.Oijbirle. iou have kindly encoura -ed
: sxtuatlOi.. 1 sha:i.l, but 1 may
*^catior;B confidentially.

s. »

>.T

"-S ^

to
the

" 1

turer v

1-.-^ n

^ w u

C 1^

to leetiirc (i»s I
'^■aal lii&torj as ^e^-
e-^u.^er is n^^ subject ^ sx.
eXf c liillv :i :;ir

, X-. mt "provi: c ^
the caf me
r lev It ; j get .

, . f 01* a 11 _ . -

ejwLCt-s^ -^A*^... If tha p-'^^^l: 1
siatari&lize , I shall be tree to --"in i^-.t. ww
tiaiey let us say, 1-: the eari^^ ... lY.-^
mj 0 lniaa» Is to see wimt hcrt the
la
-lae.

it t-

Off tw _

oauld no

*

^..-^lies

nom) on

^e and

,-.

xa

is the
^te

a«iteri^li£e.

. ,.k

_ w -.^ 1

- f

h "^

i^ ««

dOt

>xO V

■■■ -t 4

(- r -

le way

10.

' 4

-X u% like

1

be valid

« do not naad tc eflplmaisi^e thu. ^ would be very ha^ y

to s^'^nd a semester or more in .i.ios^o, to teach sos»e of the
f s w'^^'^h I am familiar iiith, to -'-"^♦'- - ''•^'^' rs i:*

2 . ^el^< lir - - .^.-^ - ... ^ ., ^^^^ .rw..., .. the

r;. ..^an, cnaa to K:iuTry tiir^ ^ i^CTer^oix ^.jr^ei^t
I d to te ^ut last not least, to

- ^ . - - 1T\ :1s and to

ont . »

YOUTL very sinoerely

^ai

m*

February 12, 1945.

Com!-:.ittee on Social ihouj^ht
UiiivcrRit of Chlc.£:o
Chicu^o ^., Illinois,

^»cc-tjr

xrof€

50th, yi

P

of

This is to aokQO;.jL

•n **" liversities xiOoic
the Coin»Littce en .1 '.

for

i.er

9

ry

I ne

I aailcc it, are prevented froa
_ ure oempelled tc oecvpy thoiselves

I kamrn as yet litwle about the aetual fimction-
in« «* tiie CoflBnittee, aaid I know nothin^^ t^^ out tne duties
thi^t woiild expect e or i^i^out the oonditions A.hich I would
have to f^iU^e, but I hasten to thank you for your friendly
invitiiticn - to thank you indeed ver^^ warmly - c^^.a to assure
you that I ar; ^TCi^tly interested in your bold effort and that
of the ' Iversitj? of Chic:.*:© to raake the studies, ^nd there-
with t rk of uiJ-versities, a^palc reasonable.

I aay aa^ ..^. ...^re is hardly a line in your
essay which I would be unwilling to si^^n. Jb-verfthin^ that
you say is, unfortunately, in ii^eement with i^y own experience.
I have disci:/ d with a colleaguSt orJLy a few days ago, the
dcplor:.ble sxiuation of our graduate students in gen 1 who
are pr , bv rel ti-.pe, froiu c itr ^ on their

geaain . uo jccts or, as
"living thtir work."
with a fiobtLlotts and not well 02 _zed PAIi without gettixig

t..^ vit-.^ , or tYvy have to ^k.^1 *ith a specialized and

urisati: r ctcr ...^thout ever getting a PAI5; but they neyer
achieve tht, 1^^ P.-J** This, I believe, expresses soaethin^
that is alBOat identical with what you call ''the distinction
between thinking with one*& miod and thinking with one* a
blood." rour essay Is an agitating document and I admire the
frankness and courage with which you spoak. I sincerely hope
that this be not Xnc voice of one crying in the wilderness
and that tht echo will not be the usual "Let hlis cry!"

I, for my part, i^r .u.1 be xer'/ glad to cc^c^erate
with yew and to support your e- vours if this turn out to Ic
feasible. ..t tiit. re;ent BOmci.i 1 siaply do not know whether
an absence froa: ..eri.eley for "a quarter or an acNMlenic year"
will be possible, .ou were kind enough to encourage mm to
speak fraxikly* ^ shall; lut I nay ask you to treat my coaaiuni'-
cation eonfidentia^ly.

I

i

I

i

I

I.5r present position in j erkeley is tVit of Lecturer
with the salary of a I'uii professor, I3y June •v^th, 1945 1 the
ohair of ^fi'^A^-jorris is r^i^ to fall vacant because irofessor
orrito thon will retire, ror this ohiiir I Iriave befen**provided''
If I may avail layself of the ^ of the mediaeval arch,
1 would be v&r^ }, y if that '*prov. * should materialize
allhc 1 I shiill have to lecture Liiglish Oonstituti I
History whicli is not ay subject, iiOwever, if these plans
should be oarried through, it would not be too difxicult to
get an occasioiial leave after having lectured for two or
three semesters. If the api ointment should not be effected,
I would be frc*:. to join the Commixtee on L>ocxal liiought at
any time after e first of ;>eptember, 1045. i rovided t
your inv^t^tion is not United by a certain d^te, i would con-
sider it'^xhe most practicable procedure to v.^ic ^nd see what
mj situation in lerkeley will be like in July, 1945.

do

J. ao not need to e:..^iiabizu ho«/. ; y x i^ould be to
spend a semester or more in Chlca^, to tea. ":• subjects
that ars mgr bsst, to devote many hours to usln^ your excellent
lil rL.ry, ..ad to curry through several studies which at present
h^d to be put aside, ijast not leasts I .1.^ be extremely
glad to enjoy t; stimulating ooi^any of old friends and that
of new ones to make.

.uet ae thank you once laore for your invitation!

xours very si

Ernst

toro^^icz.

Xlbe Ulniversitis of Cbtcago

CHICAGO 37. ILLINOIS

dommittcc on Social Cbouflbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHIN8
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REDFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

February 20, 1945^

Professor Ernst H. Kantoro^icz
University of California
Department of History
Berkeley 4, Cal.

Dear Professor Kantorovvicz:

Thank you very much for your kind ana informa-
tive letter of February 12. Your remarks about our
efforts Yjere most heartening, though you are far too
flattering to me personally.

Thank you also for writing so frankly about con-
ditions at the University of California ana about the
difficulty in the v.ay of your asking for an extenaed
leave of absence at this particular juncture.

We wonder vJiether you would be willing to pay
us a brief visit of two or three days and to deliver
a lecture under the auspices of the Committee of ooc-
ial Thought at any time before ]^:ay 20. This v:ould
enable us to talk over our problems at closer range.
Ivly colleagues on the Committee on Social Thought would
be delighted to meet you.

V^e can offer you only a miserable honorarium of
seventy-five dollars for the lecture, in addition, of
course, to the payment of all your exnenses here and
while en route.

soon.

I hope very much that you can come, if possible,

Yours very sincerely.

ToU\L

Ul^ixa

Fc. C'i'Ary 28, 1945*

Professor John u\ l^sf
University of Chicago
Committee on Social Ihought
Chicago 37f Illinois.

Dear ir rofeasor Nef t

Tteiik you very wuch for your xind letter of
February 20th a. your invit .tion to pay a short visit
to Chicago.

I sh>-xa.x ue delighted to deliver a lecture
sponsored by the Committee on Social ihought, 1 am not
quite sure on what date exactly I can ooae to Chicago »
since thi^ will depend not only on . le .ve out even
aore so on securing a reservatioa. .cever, I believe
that April 16-18 ojLght be taken into consideration if
this date .vould agree with you. By that time midterm
•xafflimitions are due so that I would gain a few days
for which a special leave is not required.

The subject of m^ lecture, I ^(uessy should be
both specific and broad and reflect the Hen kai ran
..hich we are aiaiag at* I therefore suggest a flafhing
upon the essential a^d vital difference between Western
and Lysantine Churches as illustrated by a specific phen*
oiMnon, namely the Consecration of the Ruler «> the west
staging the scene of Samuel anointing David » the Jei;ast
staging the baptism of Christ at the hands of Gt.John.
The title would be

BPIPKANY AIID EYZAHTIIIE CC"ATIOH
Political Liturgy West ana £ast

If you deem the subtitle unnecessary, please drop it.
I suppose that 50-6G minutes t«ill be given to me. ex
is it the custom to S/Sak longer than that? Or less?

With the same mall I am sending you an article
on a subject of **l'olitical i>iturgy" which Just has been
publishea - unfort\inately with an unpardonable confusion
of the oaptions for which the editors are responsible.

jfours very sincerely

fifftiyjiiiiii

mmtm

i^^:.

tibe lUniverslt^ of Cbicago

\

CHICAGO 37. ILLINOIS

Committee on Social Sbouobt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHINS
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REOFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

March 8, 1945

Professor Ernst H. Kantoroivicz
University of California
Department of History
Berkeley 4, California

Dear Professor Kantorowicz:

Many thanks for your letter of February 28 and for your
fascinating article on "The Problem of Medieval World Unity**.
This deals in an illuminating way with a problem which, as it
happens, is of great interest to me in some work that I am
at present engaged in.

V*e are delighted that you will pay us a visit and deliv-
er a lecture. The subject is excellent. May we use the sub-
title as the main title and the main title as the sub-title?
Fifty to sixty minutes would be just about right, but it would
not matter if you fell a little short or ran a little long.

As it happens Mr. Hutchins is to be out of town during the
week of April 16, and as we are anxious to have you meet him,
we wonder if you could come instead during either the week of
April 9 or the week of April 23. We are sorry to inconvenience
you, and if neither of these weeks is possible, please write
us and make some other suggestion.

Thank you also for your article on "Political Liturgy"
from the Art Bulletin, I am greatly impressed but not surpris-
ed by your tremendous learning. After reading your Frederick
the Second I knew what to expect.

With pleasantest anticipations of our forthcoming meeting,
in which my colleagues join me.

JUN:ra

Yours very sincerely,

f

I I

XTbe XHntversltis of Cbicago

CHICAGO 37, ILLINOIS

Committee on Social dbougbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHIN8
WILBER GRIFFITH KAT2
JOHN ULRIC NEF
ROBERT REOFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

March 27, 1945

I

Professor Ernst Kantorowicz
2424 Ridge Road
Berkeley, California

Dear Professor Kantorowlcz:

Thank you very much for your kind letter.
We are delighted that you can come. We have
arranged your lecture for 4:30 Viednesday after-
noon, April 11 and have taken a room for you at
the Shoreland Hotel.

There is no need for a black tie, but I
am counting on your dining with my ?^ife and me
and some of our colleagues on Tuesday evening,
in ordinary clothes of course. If your indul-
gence can go as far as this, we should also be
grateful if you could meet with some students
possibly on the Wednesday evening following your
lecture.

Could you have lunch with me on Monday
at 12:45? The best plan would be for you to go
directly from your train to the Hotel Shoreland,
5454 South Shore Drive, where I will call for
you at 12:45.

I had some most agreeable conversation
with Father Strittmatter, who told me he had
been seeing you in Berkeley.

With the pleasantest anticipations of
your visit and of our coming conversations.

Yours very sincerely,

JUN:ra

uXvk.V, —

'W

\

Z\)C VXnivctzit^ of Cbfcago

CHICAGO 37. ILLINOIS

Committee on Social dbougbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHIN8
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REDFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

March 29, 19 A5

Professor Ernst H. Kantorovdcz
University of California
Department of History
Berkeley 4, Californi;

I c^^

Dear Professor Kantorovdcz:

I hope you will not consider too abrupt this seouel to our
correspondence some ten years ago, but I ara eager to tell
you hov/ greatly I am looking forv/ard to this opDortunity
to meet you at last and also to your lecture. * I, too, have
been doing some work in the litur.^y of the Church, and it
gives me a kind of satisfaction to notice how this long
forgotten mythology of the V/est is now emerging into the
light of historical interpretation.

My wife and 1 hope that the very hectic days you will pro-
bably have in Chicago may allow you some time to spend v.-ith
us. Please let me Imow if I can be of any help in" preparation
of, or during, your visit here. Is there anybodv in Chicago
to whom you would like us to send invitations for either your
lecture or the informal meeting with the students which we
hope you will be able to hold? My telephone number, just in
case, is Hyde Park 33A7.

Please excuse the idiocy of writing you in English.

Vy'ith kindest regards, and looking forward very much to meeting
you.

Yours very sincerely,
otto Simson /^^-^^

0^'

'O

jm

Ubc XHniversitie ot Chicngo

CHICAGO 37. ILLINOIS

Committee on Social Cbou^bt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHINS
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REDFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

April 17, 1945

Professor iiirnst Kantorowicz
24E4 Ridge Road
Berkeley , California

Dear Kantorovsicz:

Just a hasty line to tell you how
much my colleagues and I on the Commit-
tee on Social Thought appreciated your
lecture and seminar and enjoyed your
company. The work you are doing seems
to me of great interest and importance,
and I am anxious to continue our conver^
sations.

I will write to you before long
again.

JUN : ra

Most cordially yours.

P.S. I have turned over the financial
matters connected with your visit to
the Dean's Office and hope they will
handle the business prcmptly. Please
let me know if they do not.

Cft^-JL

=fr

cAjejelLloK

(XacL c^— #\

q^oAm^^ jc

OVL Afi.

oLirM/^ 'f" ofunL Uo IhA^ (^

^-i.

1447 East 66 Place
Chicago :J7,iDli.
April 21,1945

Lieber Herr Kantorowicz:

es tat mir so leid dass ich mich
nicht einmal mehr von Ihnen verabs^hiedet habe.Mein Ver-
such Sie am nachstea Tag im Hotel zu errelchen warEn leider
erfole>los.iiiimerhin,was ich sa^^ien woilte,kann ich auch auf
diese V»eise sageniwie tiefen Eindruck mir,und zum Gluck
auch andern,Ihr Vortrag und das "Seminar'* gemacht hat.
.3ie haben hofientlich meine Fragen nicht zu lastig empfun-
den.Ich muss gestehen,dass meine guten Vorsatze "ie nicht
unnotig zu ermuden,imriier wieder zersctidjben.Man wird hier
(oder jedenfalls ichjwie eine Art aus^^etrockneter Schwamra
- mit unbegrenzter und ^ieriger Saugelust wenn sich einmal
die Gejegeaheit bi'fi^tzund das gelstige ist auch ein Wasser
des Lebens - ich wiinschte es gabe mehr speakeasies in dieser
Grossen Salzwuste.

Was hatten Sie fiir einen -^indruck von C^icago?lJnd von
dem Chm:aittee , bzvv. von dem was es einmal sein mochte?Ich
personlich bin ziemlich sicher,dass es auf geraume Zeit
der einzige Versuch^K bieiben wird, dem '*lebendigen Geiste"
seinen le^^^itimen Platz in der amerik^Erzie'-iun^ zu geben.
Hoffentlich sind Sie auch dieser Meinung.Sie werden es
nicht als indiskret emofinden wenn ich sage,wie sehr und
dri^end ich mir wunsche,dass Sie herkoinmen werden. Durch-
aus nicht nur aus perconlichen ^riinden.

Wenn Sie je Zeit haben, schreiben Sie mir doch,was Sie
von dem Committee etc. halten.Und hoffentlich sehen wir
uns bald wieder.

Mit wiederholtem Dank und herzlichen Grilssen

\llf ^y^.

Ofeyut</ci

1447 -ast oi. P
Ghice^^o 57,111

UV'"'

Dr.-^rnst ^>.n+.^'

O / O A

-oad

1 • T ■ ',

ley.Gnl

Zbc ^niversttie of (Ebicago

CHICAGO 37, ILLINOIS

Committee on Social dbougbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHINS
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REDFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

llQy 5, i^-^o

Professor Ernst Lantorovjicz
24. ... je Ho^- o
Berkeley, Gal.

Le3r Lantorovvicz:

Thsnk you for your delightful letter
of xioril 19. iJ^veryone v.ho matters benefited
greatly by your lecture, your visit and your
response to the "third decree". I passed on
your kind messar-es to my v\ife ana to Presi-
dent Hutchins. - vere both as pleased
v-ith your letter as I v.as.

Please for^'ive me for sending you only
a nasty v.ord; I hope to 7:rite rr.ore fully be-
fore Ions, if luck is vvith me. K:; v. if e joins
me in senoiL arr. regards and in saying come

.. ju in.

"Yours most cordially,

j ui\ :ra

'3^U..>W--

P.S

Please let me knoT

if

tne Univers ity oi

Chicaso has not taken care of all its
obligations in connection v.ith your visit.
I have no adequate way of checking up on
themi

Ubc XHnivcrsit^ of (IbicaQO

CHICAGO 37. ILLINOIS

Committee on Social CTbougbt

EXECUTIVE COMMITTEE:

ROBERT MAYNARD HUTCHINS
WILBER GRIFFITH KATZ
JOHN ULRIC NEF
ROBERT REOFIELD
JOSEPH JACKSON SCHWAB
EDGAR WIND

May 19, 1945

Mr. Ernst Kantorowlcz
2424 Ridge Road
Berkeley, California

Dear Kantorowlcz:

Thank you for your kind note of May 4. I was told that
a check had gone to you the day that your note reached me;
please let me know if you have not received the check or if
it did not cover all your expenses, in addition to the small
honorarium. Large corporations are such bulky things to deal
with. They are lacking in "metaphysics". As your lecture,
seminar and conversations were full of "metaphysics", ^hat^is
called in the language of our trade "adequate compensation
is hardly possible. You did us a great deal of good.

You may possibly have suspected that, along with a number
of my colleagues, I am hoping that you will come here to help
us with what we are trying to do. The major difficulty, from
our point of view, has been that, according to the present
rules of the University, the Committee on Social Thought has
no power of appointment. There seems to be a reasonably good
chance of getting you an appointment as professor in the Uni-
versity-of Chicago which would amount in effect to much the
same thing. I venture therefore to write and ask whether, if
such an appointment could be brought about, there would be a
good chance of your accepting it. I understand that the pro-
posal, which has not yet been carried through, would give you
permanent tenure and complete liberty to pursue your studies
in medieval civilizetion in the ways best suited to their de-
velopment as you conceive it. It is my hope and that of my
colleagues on the Executive Committee on Social Thought that
your work may develop along with the program of medieval stud
ies under the Committee and that you will give us the benefit
of your advice and cooperation in connection with any aspects
of the program which may interest you.

I hope you will not think it unreasonable of me to write
an exploratory letter before matters have been settled here.

My wife joins me in kindest regards and best wishes.

Cordially yours,

JUN:ra

COPY

May 19, 1945

Ut. Ernst Kantorowicz
2424 Ridge Road
Berkeley, California

Dear Kantorowicz:

Thank you for your kind note of May 4. I was told that a
check had gone to you the day that your note reached ^e; please
let me knoi^ if you have not received the check or if it did not
cover all your expenses, in addition to the small honorarium.
Larpe corporations are such bulky things to deal v^ith. They are
lacking in "metaphysics". As your lecture, seminar and converse-
tions were full of ''metaphys ics^ what is called in the language
of our trade "adequate compensation" is hardly possible. You did
us a great deal of good.

You may possibly have suspected that, along with a number
of my colleagues, I am hoping that you will come here to help us
i^ith what we are trying to do. The major difficulty, from our
point of view, has been that, according to the present rules of
the University, the Committee on bocial Thought has no power of
appointment. There seems to be a reasonably good chance of get-
ting you an appointment as professor in the University of Chicago
which would amount in effect to much the same thing. I venture
therefore to write and ask whether, if such an appointment could
be brought about, there would be a good chance of your accenting
it. I understand that the proposal, v^hich has not yet been car-
ried through, would give you permanent tenure ana complete liber-
ty to pursue your studies in medieval civilization in the i^ays
best suited to their development as you conceive it. It is my
hope and that of my colleagues on the Executive Committee on
Social Thought that your work may develop along with the program
of medieval studies under the Committee and that you will give
us -the benefit of your advice and cooperation in connection with
any aspects of the program which may interest you.

I hope you will not think it unreasonable of me to write
an exnloratory letter before matters have been settled here.

My wife joins me in kindest regards and best wishes.

Cordially yours,

JUN : ra

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

Hay 31, 1945.

Professor John U. ITef
Committee of Social Thou{;;ht
University of Chicago
Chicago 57, Illinois.

Lear

Nef :

I have to thank you vexj much for your kind letter
of lay 19. r/iy last note to you must have crossed, at Omaha
or Cheyenne, the path of the Liberate bill of your Lord Ex-
chequer. It covered all my expenses as v^^ell as the salary.
I should not have bothered you once more. Thank you all
the same . . ^ ' ->

Concerning the ooooiid a-ml major i^«t*4 of your letuer,
I had suspected, it is true, that you had something up your
sleeve. Lut I did not quite see what your plans were like.
•I feel very grateful to you and to the University of Chicago^
^*''"^lJo taka^ my ap ointment »»-fi3ca£<K)t>Qr into consideration, and

you may believe me that I highly appreciate 3^^SSfe_con^^
i^^ln me. <I am not very^ spoilt in this^re^spect .y^s^you kno^,
although"Trrr-tti^^pres reasgrrto com-

plain, y^s USi^^Jit _never rains but pours7<wr-in Qem^r:-
r^i-n UnglucFkofimt seiTeiT~3rM:ein7» >T*J^it so happene^^tEe in-
trinsic unity of I.acrocosmos^ .-^^^dLicro/cosmos has ^c»^rt-mt^do
T;r^i'oo4joT-.iT^--^^^ whPn T did not expect it. Our Ii.acro^smos
(PresidenT^roul) has left /for Rus s ials^^pral we e ks_.,a0* -ftft4
Before leaving he cleared his desk eny*^ioundTtTcreon t^fee papers
referring to Microcosmos (myself) - the h-omole petition of the
History Department, renewed for the fifth or sixth time, con-
cerning my aDv.ointment. And thus, t>^iiig to the diif tcultiB'S

"*■'-■-'-'--- .« -.^.^...*- Stalin, LCacrocosmos oofiiplieir

i»^,,U^e-iiCTmTttr"TTf--^^ '^'*'*^' nominated Iicrocosmos.

/ > i ' AH that was, more or le^s, to be expected, ^nr nv-^r^^^-r^
tiS!^tit;ii%i^^ lecturtd/^^nglish^Constitutiorial^History

and Renaissance ..z i^ef orraation^ HirrX will find little time f«r
«^^,Q^^ft-w)ik ^uc^ intET^r^ir^ , ??':t^?£ji ^^^^ problem of the daily
bread*' has been solved. jtiiS^^ the new proolem,

7--^rfm$^TeTrSlS4?iJslt^^^^ kind of bread I should eat. Now

I must admit that the panis axy^elorum which I \alC^ in Chicago^
llS^^very gjft&'^'rlaour. The atmosphere of humanistic interests
and the^goals which your group of "Social Thinkers" pursues is,
of course, very much in my line. As far as^coula judge during
my very short visit, the intellectual atmosphere was certainly

51, 1^45.

>9& of Social 1
rsitv of whioaife

ChloatfO 3Vy Illinois.

1"

D«ar Mf I

of
or

I have to thank you yerj inuch for your kind let
a^ 19* ^ l&BX aoto to you must have crot. ed, at Jwaba
CUioy e, the path of tho ^len^Xe bill of your Lord Ex-
quer. It oeverod all ^y oxpenses as wsll as the salary.

I sliial^T aot have k^thered you oooe sMre. Thazik you all

the

I had i;,u
1 feel Vr

to t^JLB k

yott aay
in ■•• I

;o]MemlJi£

Jor part of your letLer^

?ted, it is true 9 that you had &ott6thii)£ xip your
I ill not iuit<^ see wr^at yovr plans were like*
r.teful to jMi aad to tm ;.nlversity of ChioaM
intmerit as prodTeaser into consideration, and
at I highly appreciate yovr eonf idenoe
aot very si>ollt In this respect, as you know,
althov^ In the present aoaent I have no real reason to ooai-*
plaln« Am usual^ it n<^ver rains \m% pours, or In :e»^n:
*Sla QnglUck iDMHit selten alleln.*" ,\Z It so h - ens the in-
trinsic nnlty of r;*aqreoosaes ^na icroeosMOs has 6een aade
■anlfest at ^ tljse when I did not expect it* Cur lacrecesaos
(i^ resident pre«l) haa left for imssla several weeks a^; and
before leavl.^ he cleared his desk and fotrnd thereon the papers
referring to . Icrooesaos ^mj^mlt) -* the huable petition of the
Llctory I>ef«urtjseat , r^i^&mnd for the fifth or sixth tine, con*
•emlng wf appelntaent* iuid thus, owing te the difficulties
between the festem Allies and Stalin^ LaorooosBOS complied
to the deaaads of the Departaent and njsil fiated : ierooosaos.

All that was 9 More or leaSt to be expected. Unfortmn-

atelyt I have te ge on 1

finclls]

and Renaissance ^ .jsforsatlMif and will find little tiae for

mj own work un^ interests,
brsu^d* has heen solved in a

ovrererf the proble:: of the 'dally
way. rhere eapes the new problem^

raised by your letter, what kltti «f bread I shaald eat. Now

lorua which 1 tasted in Chicago^
osphere of hHsanistic interests
^ _ ^ of ^^cial Thinkers** pursues is
of course very nuch in my line. As f<^ %s could judge during
ay very short visit, the Intellectual ataosphere was certainly

I anst ad&lt ti^t the fanla
had a very ^coi flavor,
and the goala whleh

• 2 -

aa^ . tlii^ ^. ' ^tJu-4£. ^so, I should like io

— Kttaa mmm attre ..: greatly I aMialro President l.utoaliis
mmA iMw HMli I was ioprc^ssd by kJUi. ^n short, it is Ysry
obTlous what attracted bs, aad still attracts bm, at Chioago.
It i&9 what ws oallodp ths "noWphysios** •

iMt if Baa doas not live on hroad aXoas, he sursly
does not liYs oa ast.physlMi alaas. iOKL thsrsforsy I siMNild
lUci to ask yom to tsll as aore ahout t phjrslas*, i.s. ths

aaciditiaas under <i . ii aa im^poiatasnt ^n into ooasidsra<

tl0£i« I thJLsk I shMu ic^jss a«rs ahc . laad of tosalitng»

Vc»04atl0JU: 9 s^idoatlo^JLi saI .ry> retireasnt or per^ion, and all
thfsss tL-XTigB^ I would bs ^r^xj gr^toful if you oould l&t as

witeiy In thoso rospccts, tlis UalTsrsity of ChioaKO in my

has ^** aiad*

t c.

ttlod« ..ut
to ansifesr
wx^e sxttmal aaa&ltlo^is.

it wv<^& wmqf gsinsi ble of jrom t# writs
1st tax to as hafc. K.ii&r& L^r% hssn
also balisTS that it ^^1 ba aaeh aasiar for
Isttar aars olax:.r^ , if . knaw aars abaut

laass bs kin^ %iiouga ic

to ..xs. ,.sf.

e:.t ra£...jrds a^^ hast 'AXLh»^^

orllslly

I I

Xlbe Xllnivcrsft^ of Cbicago

Committee on Social (Cbouabt

EXECUTIVE COMMITTEE.

ROBERT MAYNARD HUTCHINS

ROBERT REDFIELD

FRANK HYNEMAN KNIGHT

JOHN ULRIC NEF

JOSEPH JACKSON SCHWAB

EDGAR WIND

June 12, 1945

Mr. Ernst Kantoroi^icz
2424 Ridge Hoad
Berkeley, California

Dear Kanto^ol^icz:

Thank you very much for your kind letter of May 31. It is
excellent ne^s that you are not adverse to considering a profes-
sorship in the University of Chicago.

In vleii of your questions I shall try to confine myself
rigorously in this reply to ^physics'*! But I should Tifarn you,
first, that the subject is rather out of my line and, second, that
unless I am mistaken physics has been getting a little nietaphysi-
cal under the influence of the quantum theory and the theory of
relativity.

I learn that the official terms i^ould probably be about
as folloiis: a full professorship in the University with a sal-
ary of $7000.00 a year, with retirement (as is the inexorable
rule here at Chicago) at 65. The exact pension rate wouIg de-
pend on a number of circumstances which we are not in a position
to ascertain without consulting you. This much is certain. Ac-
cording to the rules of the University, professors are required
to put up 5% of at least ^^6000. 00 and may put up 5% of any amount
over $6000.00, toward their tension fund. The University matches
this 5>c/ out of its own funds. That is to say half the money
comes from the professor's salary and half from the University.
If you already have insurance which could be transferred, this
would add to the size of the pension. The Teachers' Insurance
and Annuity Association, 522 Fifth Avenue, New York, N.Y. would
presumably be able to tell you what the pension ifiould come to
if you send them all the facts. Or I should be delighted to
find out for you.

The contract for a professorship of the kind that you
would hold stipulates that any outside earnings must be turned
into the University. It requires continuous lo Tk during eleven
months of the year, during three of which you need not be in
residence. The ordinary instructional requirement is six hours
a week, with three "reading periods'* , each of two to three weeks
a year. The six hours can be filled with lectures or seminars
as you choose. You would be free to develop your work in history
any way you wished to fit in with your plans for research and
writing. Your work would comprise the medieval field in any sense
you decided to define it and develop it. Your >^ork would come
under the Divisions of the Humanities and Social Sciences, the

-2-

Federated Theological School^ and the Committee on Social Thought.
By this I mean that your courses would be listed in all these
units, not that you viould give separate courses in each.

The details
out with the admini
would be well advis
understanding as to
have the authority.
vision for sabbatic
inclined to think t
research and writin
you could make a go
to ask for such an

of all these matters would have to be worked
strative officers. My feeling is that you
ed, if you plan to come, to have some clear
exactly which administrative officers would
V^hile there has never been any regular pro-
al years at the University of Chicago, I am
hat sabbatical leave in the interest of your
g might be favorably considered if and when
od case for it. I know that I intend some time
arrangement myself.

I look forward with the pleasantest anticipations to an
association with you, if you should feel inclined toward it.
Please write to me if there are further questions you would like
to put. My wife Joins me in sending kindest regards.

Most cordially yours,

XLII.%1

JUK : ra

June 20th, 1945.

Professor John TJ. ef
Coxmnlttee on Social Thought
University of ChicsAgo
Chicago, Illinois.

Sear Nsf :

Onoe more I have to thank you for a letter, the epistola
informationls of June 12. Let me tell you again how highly I
appreciate the intention of the University of Chicago to ofier me
a professorship the conditions of which, thanks to your letter,
have been outlined very clearly. Also, 1 feel greatly indebted
to you for giving me the opportunity to discuss a delicate matter
in our Informal, not to say "aeademioal" , way. This encourages
to ask you for an additional favor by raising a further ciuestion.

The two colleagues to whom I have mentioned the main
content of your letters, have called my attention to the fact that
probably I woxild meet with considerable difficulties in the De-
partment of History at Chicago. !ily friends have been informed
that the Chicago Department of History (to put it very mildly)
is disinclined to support my appointm^-nt to a professorship and
ready to resist my nomination. In this connection, I recalled
the cold shoulder, or the lack of interest, shown by the Depart-
ment to me, or my lecture, during my visit to Chicago. So far as
I remember, the Gottschalks, personal friends of mine, alone re-
presented the "Departmental aistorians" with whom, after all,
I would have to work together. nOwever, I did not expect serious
difficulties to arise.

You can imagine that I am anxious to know what the atti-
tude of the Department is like and whether really I would have to
duel my way into a hostile corporation. I therefore would be very
grateful for a word intimating what my relations with the i^istory
Department would be like.

The other items as outlined in your letter appear as a
cur a posterior . They may be discussed at a later time. But I may
menilon ihal T consider the freedom of developing, in research and
in teaching, my own program in accordance with my own work as a
most generous concession which is almost the "ideal" of a teacher
and which certainly forms the piice de resistance. As far as the
•alary is concerned I may mention that it falls somewhat short as
compared with i:^erkeley, since the age of retirement is 70 in
x^erkeley. But these, I believe, are secondary questions.

- 2 -

I aa fortunately through with this strenuous ••master,
Interrupted by my visit to Ghioago, the death of the -J^e»^^«^*' ,
and V-E Day. not to mention the San /rancisco conference. I »*^J-f-
Srout of tiwn for 10 or 12 days and am not sure whether niail will
reach me regularly, although I am looking 'o^^^J^^^ y^^^^^J*!""-
What a difficult task it must beJowM to act as the "moderator
between University groups. I am sorry to ?•«? "•;' °°^J?, °' ^J'*
on your head. liut I think it is wise to clarify the situation.

With many thanks.

Most cordially yours

m

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

August loth, 1948.

President Robert Gorion Cproul

The Frestdent's Oftioe
UnlVijrsity of Calif or ixia.

Dear i resident Sproul:

This Is to apply to ths j^naroslty of the Hei,^en';3 of
the 1:^.1 vcrsit.y of (jalifornia for a /acuity Loan of ;S700.

I «uld3nly p^ot Into unforGsoon financial troubles
when makii.;^ soiuq alterations in, and adding a etudy to,
a^ hoaaa on i^uclid Avenue, whioh, owing to the houaing
dlffioulties axid the laok of S-iitaole apartments, I had
to luy last fall.

The costs of those alterations had been estimated
at )5lC'JQ# Aii sji'^uaj,^ probably, iLey have exoeeded twioe
the esttinated price and, which is worse, they have exoeeded
also ^.ii' flrianciul capability. A few items, including some
repi^ir v-ork, had not beet: foreneen. They sufficed, however,
to let i2y resirrves melt away quickly and to bring rae into
a 3itixatlon iu which unfortunately I have to ask for a Ictir
in order to pay che builder.

me for

I wonder whether you would see a way to reconnei.ding
r a Faculty Locn of ^7^^ over t relatively i»norT;
period of tine. For I can ett&i2.y rt-^dy thiL sum to zYx^
Univtirijity on HU^ust 1, 1949 j and earn it uy teaching a
Siisu-^er c:o3olon in Juiie (xiid July 19-19. HCtually I would
prefer, should a Faculty Loan br ^prpjrited to me, to repay
the whulti a^iouut on Au^jubt 1, 1949, instead of facing monthlor
cieductiontf* frooi r.j salary.

I do not need to tell you how grateful I vvould be to
you if I were allowed to receive thiy i'iuauoial support
frai^ the ihiivjraxty.

. Vury sincerely yours

Ernst H. KantorowicE

OFFICE OF THE PRESIDENT

AU£USt 19, 1948

Professor Ernst H«
30 VJheeler Hall
Campus

Kantorovd.cz

Dear Professor Kantorowicz:

Your cordial letter of August 16, 1943, in
vdiich you have requested a faculty loan in the amount of ^700,
is now under consideration in this office.

There is an established procedure through
whicji the President vd.ll refer to the provisions of the loan
funds as they pertain to your request. In a short time, how-
ever you may expect a letter from the President, indicative
of his decision.

Yours sincerely.

UNIVERSITY OF CALIFORNIA — (Letterhead for interdepartmental use)

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Prafessor C.M.Destler

Department of Hiatory and Government
Comaecticut College
fiew London, CoiiJieoticut

Dear i^rox'eaaor Deatler:

Before explaining to you the re iSOUB
by which thitj letter has been uxiduly delated, I /jJU^
like to thank you very sincerely for your letter
of January 20th, 1944 1 the v;armth and frankness
of ¥;hich laade a ^eat iaiprcsaion on ise. i greatly
appreciate thib iiivitatiou at; w^ell u& the u. itioaa
uiiu., Ixk (jKiAx^jCfjil^f tito iiOij.Ox inCt, ..a xoi* i c

of Eiakiiv, rne a temporary nie«ber

JOi. ticut

of it:. oulty for the duration of the" war/ In
znattcr as well as in form everything appeared iI^ost
tempting to me, and I felt sorry tiiat laj^ otiit^utioui:
binding me to the .irm^ Speciaiiaed iruii. ccim

made it iwiOSisiuXe to accept your ,

for the current Lprin^ Semestei . t>^ l c

it extreiaely iLind and thou^^htful of i-i_-.,wur iiaibtner

.roxeBtior Gottschalk to reco i.nd me for the
vacancy at Connecticut Colxe^e*

All this I x*ave wriwc. to you in a 1 ex
wJr^ich X previously aia^oi ' to you Izi aay first tele-

fi . iiowever, I tore i;; up . your c^econd texet^raxo

arrivi;<i. iour su^^^ . x. . to jx. . your . c culty in
September^ 1944, m:

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ae

face an entirely diiierent
situation* An arrangement, here, for the tiaie after
June 15th, that is after the tenaiiitition of the .jnay
Courses, •vaa pendin^;. I hoped for a q.uick decision
v^ithin a fe«.v days and postpc a^ letter to you so
as to be in a position to givu you a definite answer.
AS far as the promptness of thv a^^cision is concerned
I uuve been ii^islaken. x^.^ra is rarely a **i^lit^^ in
acadeiuic affairs •

1 v.vcrti^ele,iib, x^ne Litu
sufficiexitly as to make a defi
wnich, I am sorrj' to say, wilx i

.tion h 11 cl
:iSwer pc LBf
to be negative.

Febrtxary 11,1944 •

Froti :>r C. . tier
rtmeiit o^ L^.^ory

Ha«^ Loudon, Oomiectiout.

tier:

reiore trying to explain the reasons by
_L tuis letier hiis been undiily delayed, 1 like
to t.. .w you very i*i r^ly i^or ^ our letter o£ uamiary
20tii, 1944, tiie warmtli uuu £xt^- vtibii ox i^ihich nacLe a
^eat ifflpreesion on me* 1 have hireatly appreciated

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Set
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During the rmxt year I shall b« la a tyosition

to v.>.3jrry through » ^.crk af ret, — ^u. ror

t I had the hope - iuad I Intiaated tats In ngr

;riii& - that X mi^t be able to combine

:>t one or t %<h»ss s at
. . .ai surst ^^« sn^.oyed

^ leax^, ao»aver, t .3 coe. ^ -ition

Is not feasible, i shall ^^.e to be ii resideaee
Bost of the tiffie« koreover, soae pers^ — 1 affairs,
aiove all the ssooth dlspat of the busiuess con-
t ins Es;^ citisenshi: .nici* ior aaay « reason is
01 . i ^ce to lie, do not sake it t

j^ _ e tine I -. to leave i^erke^

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voalvi cortve;;
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I would

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to th&nJc you
_lnn and I

,,..r.>n>CB and
xont •

Yours very eineerexy

CONNECTICUT COLLEGE

NEW LONDON, CONNECTICUT

DEPARTMENT OF HISTORY AND GOVERNMENT

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CORNELL UNIVERSITY

ITHACA, NEW YORK

DEPARTMENT OF HISTORY
BOARDMAN HALL

?;0 Denpm'bp- 1945

My dear Kantorowicz,

I -i.

I v/a£ very glad to get your note and I thank you very much
for the offprint.'.. The one on 3uido Faba3had already road, a. th-^ J-^m-
erican Journal of Philology ha^: £:ent me Vol. I, part 2 of lied, and
Ren. Studie.s to review. lou. other article on the diptych? I 3hail
read ar 3oon ar> I have a little lei^uire ; it looks positively (exciting.
I am sorry that I have no quid pro quo to .-^ena you at the time, but
I get pi'actically no time for my ov;n work theze day:^^. Uy book onthr
M3S of 3ede v;a= finiv^hed in the spring andpublir.hed in Sept-^rober and
thif^ i? likely to be n^' sv/antf-song till tho v/ar i^. over; for I too sm
involved in the inevitable Army and Nav^- programiuo:^ and am teaching
American Hi story I Indeed, like a c^ay-footed colossus^I am trying to
bestride the centurie.^ and leap from, ?.ay, th*^ Second Pmnic War to the
Mc^.inleJ Tariff or the Spanish-American War. It ha? it? comic .^ide
at times but it iw' also rather wearing.

I am very di.^tressed to hear about your per^.ona^ position and I
did not know about the University*?, action last =^ummer, v^iich ^^trikes me
as both unforgivable and incomprehensible. I have at once ^rritten a
discreet letter toyman I know at Chicago, but I do not know whether it
¥dll do any good. I shall also, as occasion offers, drop a ;¥ord in
other places. But, a? yoii|7rill realize, medieval, like ancient history
is for the time being regarded as a luxury. Hence, even ?7here they have
any vacancy, it is questionable whether they would fill it while
the war lasts. Still, I will k*='ep my ear^ open.

I have heard little academic news lately from the other ride, save
that Gralbraith is leaving Edinbr.rgh in the spring and going to London
to be Director of the Institute of Hi-torical ^'^search. I gather that
hms feeling-- are mixed, although I suspect that the nearness of the
British Museum and Jdie Public Record Office was a major factor in help-
in;r him to make up hi"^ mind. Powicke has^I believe^ retired -jinder th.'^ge
limit, but it is the policy of the British Universities not to fill^
chairs until after the war. There must be a dozen vacant to date in
different subjects. Mother has been v^ry 77sll, nven though we have
constant difficulty in obtainin- enough domL'stic help. 3he joins me
in sending you very cordial good wishes fox 1944. Pro ;itl ^r

me also to the vir doctissimus iurisque peritissimus Radin,
next you see him.

yourz very sincerely

• Bo/JiuMAN Hall
CORNELL UNIVERSITY
ITHACA, N. Y.

Dr E. Kantororricz

2^24, Ridge Koad

Berkeley

California

UJNiy.ERSlTY OF LONDON

THK Warburg institutc

H IMPERIAI.INSnTT'rE BUILDINGS
SOUTH KETn'SINGTON
LONDON S W.7

TELEPHONE KENSINGTON SC?

20th April, 1945.

Dear liantorowicz,

If things go according to plan, I f^hall arive
in the St'ites towards the end of I^y, and I am very
anxious to nBet you. I am trying to form a group
of people here and in America who could prepare a
Mediaeval and Benaissance Encyclopaedia. Please

don't mention this to others for the present, but
I think it is very important tliat you and I should
meet to discuss it. V/here acnd when can this meet-
ing take place in June? . Please let me know c/o
The National Gallery, .Vashington.

Yours,

Professor S.H. Kantorowlcz,
2424 Ridge Road,
Berkeley, Calif.

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Professor E»H. Kantorowlcz,

24E4 PldU^ Ro^d,

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THE WARBURG INSTITUTE

IMPERIAL INSTITUTE BUILDINGS

SOUTH KENSINGTON

LONDON. S.W.7.

BraKEI3Y, California,

c* D* A*

Harvard University

Dumbarton Oaks Research Library and Collection

Georgetown, Washington, D. C.

June 6, 1945

Professor Ernst Kantorowicz
2424 Ridge Road
Berkeley 4, California

My dear Xantorowicz:

Excuse my writing in Snglisb, but I am
dictating this letter, I was very pleased when I got your
note, and I "began really to laugh when you at once raised a
point which had been discussed so often in the last months
and on which we couldn't really find a compromise - the ques-
tion whether the thing should be in separate volumes, A-Z, or
in one enormous alphabet. There is very much to be said for
both systems, but ^anf ortunately these things cannot be well
discussed in letters and I must meet you. I am involved in
endless discussions about finances and similar things so that
I cannot yet see how I could find the time to come to the West
now, but if the thing should come off I will have to come back
at Christmas time.

Above all questions of organizations, the
one question which I have most at heard is how far you think
you could collaborate. I know this is difficult to answer,
but I should be very grateful if you could give me any indi-
cation whether there is the slightest chsnce that you could
come to London for a number of years, say three, to help start
this enterprise. Hundreds of things, financial and others,
must be discussed before you can give an answer. I know that
very well, but before we would go into any details I should be
most grateful for a word which would ^ive me an idea whether
this dream of mine could ever become reality.

Yours ever.

^

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PS:DV

P. 3. My address is C/o Professor V/, Friedlander, 1142 Madison
Avenue, New York Citv.

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'INITfcU »rATF3 OF /ME RICA

Professor Ernst Kajitorowic!
2424 Rid^e Road
Berkeley 4, California

Confidential!

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

tjanuary 26, 1946

Mr. Elbridge Siblty
Soci£:<l Soleace heeearoh JOimoil
726 Jackson ilae«, IT.W»
Washington 6, L«

Star ytr. Sibley:

I thanJc you for your letter of January 17, 1945 # and may assurs
you that it is a great pleasure to sie to give any information
about my friend Captain ueorge Lee liaskins that you desire and
that I am able to give.

1 made the ao(;LUaintaiioe of ./x.iiaskins /ears age through a oom-
men friend from Oxford. Though for some years, largely owing
to the war, there iwas no opportunity to meet, we always kept
in touch we each other. r. Raskins and I have even published
a papsr together (the edition and discussion of a fairly com-
plicated 13th-century text penned by a mediaeval lawyer) and
throxigh this collaboration ample opportunity was given to me
to form a Judgment concerning • r.:J : I:i;i: >' 8cholc.rly abilities.
A few weeks in Spring 1945 # which .jr.. . spent in San rrancisco,
in con::cotion with the Conference, left behind a most favorable
impression of Iir.H.*s development during the last years. I may
mention thfit my favorible impression v;as fully shared by ray
colleagues on the Berkeley Campus who had the opportunity of
meeting him.

In your letter you ask the ^uebtion whetLer there is a promise
s oeoomlfi^ an outatundin^^ly successful research scholar.

of n.

I am inclined to answer by saying

very successful research worker."

k'*

o, because he is alrecidy a

Mr.Haskins writes easily, guickly, and well; what he writes is
soxmd, learned, and thorough. Though young, he has published
more studies than many a professor on siany a campus. He has
ideas which axe his own, and (which perhaps is r irer) he iias
the true and genuine passion and love for scholarship and re-
search work. This passion, in his case, is luckily combined
with a brilliant and thorough scholarly training. He went
through the meticulously exact ani solid school of historical
method of his father, the late irxofessor Charles H. liaskins; he
was trained in the school of excellent i.?.rvurd scholars, later
of r«M«Powicke and others at Oxford. Research teohnio and
method h vve become, like a second nature, the natural ir. strum-
entul eqtuipment for accomplishing a scientific task. To the

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

teohaloal kno ledge of his oraft - to wnich th..ro may be added
paleography and experience in archive work, not to mention the
llngui.^itic c:ibilitic*^ - [^•HaBklns bring., u personal gift of
combining facts productively and of the indispensable historioaL
iinagln:t.tion tf>hich is not vague, but BOlidly founded on the
knO'.vledge of relevant material. Unnecessary to say that his
passion provides for the as&iduity * o. perseverance in his
work.

Mr.Hasklns is a perfectly trained mediaevalist* .As i&terest
centred in English Const itutiomil History to which, in his book
and his articles, he has made a considerable number of very
valuable contributions, nowever, he realised that for the
study of Constitutional History one had to be a lawyer as well.
He had the courage to start once more and to go throiigh rvard
Law School. lie thus became a lawyer, too, with the firm int-
ention to concentrate in Constitutional and Law History and to
remain a historian. His proposed program as submitted to the
Social Science Research Council reflects the combination of
history and law. I am convinced that only a person trained in
both fields una having tiie full .iiio\jled^e of mediaeval and
early modern English Constitutional and Lixw History is in a
position to deal successfully >vith the lav: of the I ew i^ngland
Colonies in the I6th and 17th centuries and with its history.

Ihe plan of this work, which i.jr.u. has briefly discussed with
me '^ihan la.t Spring he came to San rrancisco, is well consid-
ered and ably prepared. One may wonder that the problem sug-
gested by him has never been dealt with before, since in early
/jnerican Law momm of the formative elements of English and
Dutch origin so obvicub to the hiiitorian. let, the diffic-
ulties are prooably consierable, and the scholar that wishes
to tackle metliodically the (in its detailii intricate) problem,
has to straddle the line between mediaeval history and law; and
this combination may be riire^ fortunately those tw0 branches
of kno/;ledge meet in Ur.Haskins so that I would consider it a
great atdset for the study of both history and law if ..jr.Hasklna
were given the opportunity to carry through his plans.

80 far as 1 can Judge the material available in this country
should be sufficient for the aeeomplishmCi.t of the task.

In addition to these more objective considerations there is
yet another, more subjective, point which I would like to
mention, .or the person. 1 development of l/x.llaskins, esfecial*'
ly after the years of military activity, it would be most

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

teohnic il kno

of hiG

craft - to which tl

Bay be added

paieo^ruphy and experience In archive work, not to meatlon the
lingux.stic c/jiiitic:^ - :.jr,IIasiciru: uringi. c-.. personal gift of
combining facts productively and of the Indispensable historicaL
Imaglniition which is not vague, but solidly founded on the
knowvledge of relevant material* Cnneoessary to say that his
passion provides for the assiduity und perseverance in his
work*

i±C^ I

3kins is a perfectly trained aiediaevallst* ::is laterest
centrei in ;inglish Coiictitutional Kistory to which, in his book
and his articles , he has made a considerable number of very
valuable contributions. liowever, he realised that for the
study of Constitutional History one had to be a lawyer as well*
He had the courage to start once aiorc and to go through Harvard
Law School* He thus beoame a lawyer , too, with the firm int-
ention to concentrate in Constitution 1 ..i. i ^aw History and to
remain a hi&>toriun« ^lls proposed program as submitted to the
Social Science ..e search Council reflects the combinatiOii of
history and law* I am convinced that only a person trained in
both fields and having the full ^nov^lad^e of mediaeval and
early modern English Constitutional and Law History is In a
position to deal successfully /ith the ** v of the Lew Lngland
Colonies in the 16th and 17th centurleb and with its history.

The plan of this work, which :.r*..* has briefly disoussed with
me ^:h^u la. t spring he came to San rrancisco, is well consid-
ered and ably prepared* One may wonder that the problem sug-
gested by him has never been dealt with before, since in early
American Law some of the formative elements of English and
Dutch origin are so obvicub to the hiistorian* .et, tht diffic-
ulties are probably consierable, and the scholar that wishes
to tackle metyioiioc.lly the (In its details intricate) problem,
has to straddle the lime between mediaeval history and law; and
this oo:abination may be rare* r'ortunately those two branches
of knowledge meet In Ur*Raskins so that I would consider It a
^reat asset for the study of both history and law if . r*Haskin»
were given the opportunity to carry through his plana*

So far as 1 can Judge the material available in this country
should be sufficient for the accomplishment of the task*

In addition to these more objective considerations there Is
yet another 9 more subjective, point which I would like to
mention, jor the personal developr* t of :.r*llu skins, especial-
ly after the years of military activity, it would be most

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY 4, CALIFORNIA

favorable in its ef/ects if he were givun the opportunity to
finish in leisure thti book ti.ut every sohlar wishes to acoomp-
lishy a work of a greater voliune than the large number of

articlcB aad studies for cvhich i*:r#luA skins had to steal the
time between the work in and for classes ^ learning and

tc V-ing.

I very ^varmly recoimiiend ^.^ .lokiris for the Demobllisatiea
Award re(iuested by him and oifered by the Social Soienoe
liesearoh Coiizicil. I am sure that there could not easily be
found a man better equipped for researoh work by knowledge

and ciiuructer than .Vr, .eorge L. Iiafc,kiiis.

Yours very sincerely

Ernst H. Kantoro^icz
Professor of History.

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UNIVERSITY OF CALIFORNIA

OFFICE OF THE PRESIDENT
BERKELEY, CALIFORNIA

September 14, 1942

Dr. Ernst Kantorowicz
2424 Ridge Road
Berkeley, California

Dear Friend:

Mrs. ^eutsch and I thank you warmly for your good
wishes, which we reoiprooate most heartily. We do hope that in
the year ahead the clouds will disappear and we shall see that
victory is in store — and relatively soon. Of course, our
ooxantry has been but a short time in the struggle, anJ we can
not hope to escape as easily as this, but I feel hopeful that
when cur strength and manpower are really mobilized, they will
indubitably turn the scale.

Mrs. Deutsch has had quite a period of ill health.
She still goes to the doctor at intervals to have her ankle
taped up. On the other hand, I think her general health is
better than it was sometime ago.

We hope to see you in the very near future.
wishes, as always, go with you*

Our best

Cordially,

MonN^E. Deutsch
Vice-President and Provost

MED:KV^

s

m

2424 RIDGE ROAD
BERKELEY; CALIFORNIA

^asf i^ 1943.

Prcaident Kob#rt C.SprouJ.
Oriioe of the irxosident
UnivciTsit^ of California
Berkeley. Cal»

Omut Dr«Sproal:

rrivatc infor::xition i^a^ reached se, and the Mucalo^^u*
of th r aad ^ all .jcmcoton^ sceas to corrobor te

thii:> info tion, tu t i^^ ooaaeation v.ith the Laiversity
of California la not to le contiottid aiter Jiitio 50th,

IMi.

To-diJ^ io Jul^' the first. An ofi'icial notificiition
froia the part of the Adoiinistration of thib ^^JLvursity
is not in m^ hando. V coaduct, aa fur as I as amurs,
dooii not make it aelf-evidunt that a dismiss^ without
notice siiould be the i npriate fora to end a con-
nect iou which has iustea four je;-.rs,

lay I therefore aak you why I have not oecn infora^dt
in due time and in a fair lau^iiiert about the intention
to discontinue ^y up .oinl i^nt? 1 also think I vmjf
S^rr^ rlj aak that an official notification be sent to
ae ju^aicatine U*:.xt aay coimection v^th this UrJ.veraity
la not to le rene^red after June 50th, lj4>«

Yours oineerely

^iTnst H«]iantox'o«:'ica*

I I

UNIVERSITY OF CALIFORNIA

OFFICE OF THE PRESIDENT

December 30, 1943

Dr. Ernst H, Kantorowicz
2424 Ridge Road
Berkeley, California

Dear Friend:

L!any thanks to you not only for your Christinas
greeting but for your thought fulness in sending us reprints
of your tvro articles — the one from "Mediaeval and Renais-
sance Studies," the other from "The Journal of the Warburg
and Courtauld Institutes."

I am sure that I shall read them with the utmost
of interest, and I know that, as always with your writings,
I shall be impressed with the soundness of the scholarship
on which they are based, tony, many thanks to you for in-
cluding us in the necessarily limited number of those to whom
you have sent copies.

How have you been? It is a long time since we have
had more than a glimpse of you, and we trust that in the New
Year we shall see far more of you than in the past. Be as-
sured of our very best wishes to you for 1944, which is so
near to us.

With warm regards from us both, I am

Cordially,

J/ionro^""^ Deutsch
Vice-President and Provost

MED:DB

2424 RIDGE ROAD
BERKELEY CALIFORNIA

Aug. 15, 1944.

/

Dear Dr.Deutsoh:

I hate to ask you for the one
thing of which, as I know, you are
short: Time, the time for a private
conversation.

I do not wish to indulge in a
''Historia calamitatum** . But things
have become most involved and I con-
fess that I am at the end of my re-
serves in every respect.

May I call on you some time in
the near future? Any hour of the
afternoon or evening that you sug-
gest, would be convenient for me.
This, I guess, would give me also
the pleasure of seeing Mrs.Deutsch
again who, I may hope, is well.

Yours very gratefully

;•

UNIVERSITY OF CALIFORNIA

President's Form No. 150G

APPLICATION FOR SABBATICAL OR SEMI-SABBATICAL LEAVE

INSTRUCTIONS: Prepare in octuplicatc and send first seven copies to the Accounting OfTice. For conditions pertaining to the granting of Sa!)l)atical
Leaves, see reverse of eighth copy. Even though the interval since the last leave is suflicient to justify the present request, it should by no means be assumed
that the leave has been granted until notification of I'rcsident's approval is received.

The sixth and seventh copies of this form will be returned to the department and the applicant, respectively, with indication of the President's action.
The eighth copy is to be retained by the department.

Fott UsK BY OrncE or CniKP Aocounting Officek,

Name: ^.y^^^ g ^ gMMStOrOVLOM

^^^^^' 3i«iMmr of iilston

S.T.C. 1.

ACCOUNT

L.

S.

FUND

OBJECT CODE

Department: ^^X9rj

r^^.,^.^.,„.

EMPLOYEE NO.

TAXC.

c.

RET. AMT.

SAL. GR.

TIME

Present Address:

Address while on leave

-V
1421 iBAll'

Period for which leave is requested (check one)
ngJuly 1, 19 to June 30, 19

□ First Semester, Academic Year 19 to 19

□ Second Semester, Academic Year 19 to 19.

Type of Sabbatical leave requested (check one)
□ Regular Sabbatical leave on full salary

Present Salary Rate.

Annual $

n Regular Sabbatical leave on two-thirds salary Monthly $

Q Sabbatical leave in residence

Other $

7

Specific purpose of proposed leave (If necessary attach separate letter of explanation)

i.-wW -V

»• ^ - i-^ . ■■' jL'"*^ -ii

If applicant is to receive a fellowship or a grant-in-aid during the period of his leave, please indicate the nature and amount
of such fellowship or grant. (Teaching in summer session is permissible and need not be mentioned here.)

Signature of applicant.

iS^.^.^..^f^'.''.*:f.fJ'.^l*

To be answered by the Chairman of the applicant's Department
In the event the leave is granted, what distribution is to be made of the applicant's classes?

•- •

I

t ' '

^1

If !^l!batical leave in residence is requested, what course is to be tdught by applicant during the period of his leave?

irff is necessary to employ a substitute, what addition to the budget of the department would be required?

n

/

Approved ^:^ :.^.:. Date /(

Chairman of the Department

'io.lil

Cerlification as to eligibility

APPROVAL FOR THE ABTMINISTRATION

«

— ;r-

Provost or Dean

w^-^..

ay

President

lm-3,'48(A8258s2)898

Copy to he returned to applicant

M

STATE EMPLOYEES' RETIREMENT SYSTEM

102 STATE OFFICE BUILDING NO. 1
SACRAMENTO

STATEMENT

r

Ernst H, Kantorowic
2424 Ridge Road
Berkeley, Calif.

IF THE ADDI^ESS ON THIS NOTICL IS NOT
YOUR CORRECT HOME ADDRESS. PLEASE HiTiFf

H. H. BENEDICT. tAGR. INS. & WCT. SiSU
UNIVERSITY OF CALIFORNIA. BERKiUl^f, VAW.'f^

On June 30, 1941, there was standing to your credit in the
State Employees' Retirement System, accumulated contributions
amounting to ^

Your contributions during the fiscal year ending June 30,
1942 (including redeposits, if any), amounted to $

Interest credited to you during the fiscal year ending June 30, ^

1942, amounted to t ,- ,-.

On June 30, 1942, therefore, there was standing to your credit
in the State Employees* Retirement System, accumulated contri-
butions amounting to ^

This last amount includes all contributions deducted from compensation earned by you
up to and including June, 1942, together with 4 per cent interest through June 30, 1938,
iYz per cent interest through June 30, 1941, and 3 per cent interest, thereafter, compounded
annually, from date of contribution through June 30, 1942.

BOARD OF ADMINISTRATION
State Employees' Retirement System

r,."«."roV"c."" See statement on Reverse Side

A resolution of the Board of Administration, printed on individual statements as of
June 30, 1941, reduced the interest rate under the Retirement System from 3/2% to 3%,
and increased members' contributions accordmgly, effective July 1, 1941. As shown on
the reverse side hereof, interest at the rate of y/, was credited on contributions, there-
fore, for the fiscal year ended June 30, 1942.

The resolution said that the earnings under the Fund would be reviewed each year
and that, depending on the course of the investment market, a further adjustment of the
interest rate might be necessary by the time of the next periodical actuarial investigation
provided by the Retirement Law. The rate of interest earned on retirement funds has
contmued to decrease, being in excess of 3% during 1941-42, but lower than for any
previous year. The continued decrease is due to ( 1) the low interest rate under securities
in which current contributions are being invested, and (2) the maturity of securities
purchased in the past at comparatively high interest rates, and the reinvestment of the
proceeds in the current high market at low interest rates.

Unless there is a radical change in the bond market, resulting in the investment of
funds at higher interest yields, the continuing decrease in the rate of earnings under the
Retirement Fund will require a further reduction in the interest rate allowed on contri-
butions in the Retirement Fund, with a consequent increase in the rates of contribution
required of members and the State and participating subdivisions to provide benefits on
the present scale. The Board will be diligent as in the past, in its efforts to maintain
the earnings under the Fund, but it continues of the opinion that under no circumstances
should the quality of retirement investments be lowered even to earn a higher interest
rate. In accordance with sound investment policy, interest earned during 1941-42 in
excess of }%, is being held in the Retirement Fund as an investment reserve.

STATE EMPLOYEES' RETIREMENT SYSTEM

102 STATE OFFICE BUILDING NO. 1
SACRAMENTO

STATEMENT

r

Srnst Karwig Kantorowic

On June 30, 1943, there was standing to vour credit in th.

izi:^ztT' ^'":" ^^":'"' accuU^ttd^oirtiS:
i.44,''Zuntrto"'°"' '"""« '': ^!"' 5- -<""« J- '".■ I ^^^""^

* 4.-S.^4

credit^rn-lrs,'"; p^^', '^"f"'"' *^« ^« """di"? to your n

c"SX"ti:t: aTuntSr" ^"--^ S^ste.. aJu^uLed

up to™VrclX;ji:;f ?r4;^"ett^w^^^^ from'com^nsall earned ly^you

VA per cent interes^t tZLghTun^iTl947Lr ""' '"'^^'« '''rsh J^-e 30, 'i/jg,
annually, from date of contribution tLugh J^e 3 0.^944?' "'"'"' '''""^'"' ~™P<'-d'=d

BOARD OF ADMINISTRATION
^^^" Employees' Retirement System
...T. M„„«. „„,„ .^ See Resolution on Reverse Side

RESOLUTION ADOPTED BY BOARD OF ADMINISTRATION
AT ITS MEETING HELD JUNE 2, 1944

and 3 per cent since July 1. 194, .'compounded ..provided i„ th"Re;ireme;c Acf and '" """" ^"' '' '''"• ''*""''*' ^""* '"' "" '

.he rate ofTnTe^ ^r^ ^r/he'^Rectre^^-'^F::^ iXauT t rel^ed'tt .«; t t'f ^Td'"" '"k' "' ''''^''' T '*"' "'"" "'"''"•

sl.^hrly over 3 per cent, and the average return on cur^en^"ite,7J;;;Tef„; apVox".".'; "/^'pertrand' ""^ "''"" '""'^ ^"^ '''*'• '^'"'^

fron, yea, ^ye^ W^ tLTot:Se°Uc'e«ufr,\lc^^^^^^^^ Z^uld^l'dlJ-.^^r^r "^ '5"' ''^'^'''f """"" "' "' ^"^ '''

members' contribution rates; and interest rate used under the Retirement System, with a consequent increase in

said Fund ^■r^lt\s''!l\:f;:rLV^^^^^^ "-■"!'' ^"\^^' F-** -ndicate that the future carnin,, under

VHHK..S. The mortality ex e^ience u i^ th fl y /en n t eTo"";:; '" '^' ^"7" contributions are bein. invested; and
City Firemen, and City Policemen, show, that said met^berron the avr,« are |i;il''';*"°"^^ """'* '"''"^7' "'*'" »^»" »'«»'-»y Patrolmen,
greater aggregate amounts than was anticipated when t^e mortal tv tlbLf n.L A '^ a ^'^etve retirement allowance, longer, and therefore in
then available, and that consequently, the 'Re:fre±; SylteT is'^rLldi^y renVern't ".ntwa:;^:. 'aVTeT. Tha" jt^atj" ''' '''' '' "'-'^""

ha, been fiUd^b^'he^cVu^^y' trtl \t 'SoVrT o7'Admtnr^^^^^^^^^ "'J", ^'^'T'^.''^ L"'"** '"T'' "" ^' "'•«''""'l" '^' '^"---^ System,
minutes of its meeting; and Administration, said letter having been considered by said Board .nd made a part of the

and directcy"brs::;io?^':VVe^ta1"'Et;Ccs- RettmeSt \« VJ"'"?' r^'"-"'^ "-^'-ce under the Retirement Fund i, authorized
interest rate, in lieu of the interest rate specifiled herein » • • • ., W .t, II J * * mortality, service and other tables and such

contribution of members as it may deem necessary to comolv witK tU, ^.L- ■ '"*'' "f*™. "ccessary. and shall make such revision in rates of

.di»..n,», .h.!. b. included i„ z „.w ,r,:rz\:LT^,\:t tcH.°:'r.'o°/.S':.".iiL"' ."3 '""-'■" ""' "■• "'""'•••'•" ""■ ■■"'

contributions are to be improved, clearly rcquirinir therefor* ,n tnrr.,.. Persons and a reduction in the interest rate with which said

earnings which will be credited to' them rndT;"t"h:^ot7tVtX;ra;:r:n;o"n:;^7;ot"?e"tirr f^^ '^ "•""'""" '^ ''' '^^ '^

compoundeltt^CiL'^in'^X'tiiyemln^' Acrt;'ufe':::;'d^ ^^' '— "- of 2y. per cent p.r annum,

determining benefits and contributions, in lieu of the Tnterest rate of 3 nTc^L n^ '" ""*'""« '""f*" ''^ contribution, and in valuing and
in effect, said interest rate of 2./. per cent to b* effect ve 1 July 1 ?5;4 with rr"""!!' '"'""T^'^'i " r^'"^''^ '" '^' Retirement Act now

contribution, for members, other than Highway Patrolmen. Cify Firemen and Sty Poli^me '''*/"'P«« "^ determining benefit, and rate, of

in p.centa;:sYco"p?r:s:ti:„:^rtlinlftVr:t: ^::^ ^ ^^^s'z^t^xit ^^ ^'''t'' ''T' ''' "- °^ ""-^^->- "P— <«

the Retirement System who are not member, of the California Highway' Patrol or Citv Fi^l1„ T"" o'V" °' contribution for member, of
the normal rate, for members of the Retirement System who are memberVof Vk! r / ^'"T!"-.. °' ^'^^ Policemen, and Table. D aud E being
Policemen, said rates of contribution to be effective']" yiri;4r and To be in 1 eu ofiir;". "k"'''"' '*'"'''• °' "''° "' ^^'^ ^•-'«"' - Ci"y
of Administration at the meeting held March 21 1941 '" °^ '^' contribution rates now in effect as adopted

adopted by the Board

TABLE C

Nearest age at entry

into Retirement System

(Only samples given.

Rates at other ages

increased proportionately.)

20
25
30
35
40
45
50
55
60
64 and over

(For

(For all members except members of the California Highway Patrol)

Rate of Contribution

effective prior to

July 1, 1944

3.77
3.85
4.00
4.24
4.56
4.93
5.33
5.78
6.23
6.62

MEN

Rate of Contribution

in effect on and
after July 1, 1944

4.83

4.85

4.96

5.18

5.47

5.84

6.24

6.65

7.09

7.45

Rate of Contribution
effective prior to
July 1, 1944
4.59
4.76
5.00
5.30
5.63
5.98
6.36
6.76
7.19
7.60

WOMEN

Rate of Contribution

in effect on and
after July 1, 1944

5.83
5.94
6.16
6.42
6.73
7.05
7.40
7.75
8.13
8.50

TABLES D AND E
members of California Highway Patrol, City Firemen and City Policemen.
Rates not given here because of size of tables)

STATE EMPLOYEES' RETIREMENT SYSTEM

102 STATE OFFICE BUILDING NO. 1
SACRAMENTO 17

STATEMENT

r

^rnst Hartwi r Kantorowicz

IF TNE ADORES'^ TO WHICH THI'? LETTER IS «:PNT

IS NOT YOUR CORUeCr i^Of^^ ACDT. •;<:.. PLC-4- : 'jOTiPY

M. M. StNEDiCT, M R. IaS^. RtT SYST

UNIVERSITY OF CALiFO«Nia, SERUElEY, CALIF.

1. On June 30, 1944, there was standing to your credit in the
State Employees* Retirement System, accumulated contributions

amountingto ^ 5 1 3 .4 7

2. Your contributions during the fiscal year ending June 30, 1945,
(includingredeposits, if any), amounted to .'$ S624S

3. Interest credited to you during the fiscal year ending June 30,'

1945, amounted to * 1S'5S

4. On June 30, 1945, therefore, there was standing to your credit tJ
in the State Employees' Retirement System accumulated contri-
butions amounting to ^ 1.9.D..2.A..n..

tn .nl^'' l^^l^'^o^nt includes all contributions deducted from compensation earned by vou ud
to and including June, 1945, together with 4 per cent interest through June 301938 3 i/ oer
cent mterest through June 30, 1941, 3 per cent interest through June 30 1944 and ICl ne
cem^mterest, thereafter, compounded annually, from date of c'ontributLns through Jun1 To[

BOARD OF ADMINISTRATION
P .,^ State Employees' Retirement System

statI^r'^ht": or "c" '-^^ ^^ Statement on Reverse Side

/

A resolution of the Board of Administration, printed on individual statements as of June 30 1944 reduced
the interest rate iinder the Retirement System from 3% to 2 '72%; adopted on the basis of experience under the
System, the so-called 1944 California Employees' Mortality Tables in lieu of tables then in use; and increased
members contr.but.ons accordingly, effective July 1, 1944. As shown on the reverse side hereof, interest at the
rate ot 2 /j /o was credited on contributions, therefore, for the fiscal year ended June 30, 1945.

The interest rate used under the Retirement System in the future will depend on earnings. The Board will
be diligent as in the past, in its efforts to maintain the earnings under the Fund, but it continues of the opinion that
under no circumstances shou d the quality of retirement investments be lowered even to earn a higher interest rate
In accordance with sound policy and the retirement law, interest earned during 1944-45 in excess of 2^2% credited
on contributions, is being held in the Retirement Fund as a reserve against deficiencies in interest earned in other
years, possible losses under investments and other contingencies.

.ff..^• ^'"'"^'"^"" ^° "-"^l Retirement Law sponsored by the California State Employees' Association will become

s brp'bT a'"^'" '^^"" Employees, on October 1, 1945. and with respect to Public Agency employees only
as the Public Agency so elects, as follows: k r " y

1. Normal and discount minimum optional service retirement ages are reduced, from 65 and 60 to 60 and 55
respectively. '

2. The goal for members* and State's contributions is increased from a retirement allowance at the normal
optional service retirement age of approximately l/70th of the average salary during the five years
immediately preceding retirement, for each year of service as a member, to approximately l/60th of said
average salary for each year of such service. The amount will be approximate because of changes in
interest rate and mortality tables, and abnormal salary experience, and because nothing will be included
in the new rates of contribution for time during which contributions have been made at lower rates.

3. The minimum allowance of $40 per month guaranteed upon service retirement at age 70 with credit for
prior service, IS increased to $60 per month and is provided also for members who retire for service at aee
65 or over with credit for at least 20 years of service.

4. A benefit of $300 is provided upon the death of each retired member.

The foregoing amendments apply only to State employees unless Public Agencies elect to apply them also to
their employees. Such election can be made only in the same manner as the original participation by the Public
Agency; that is, after an actuarial valuation to determine the cost; approval by a majority of the Public Aeencv's
employees; appropriate action by the Governing Board of the Public Agency and finally the execution of a contract

:,tv^'^^':^v^H^^^^^^^ '"^"'""^ °' ^'^ "^'""^^^ ''^ '' ^'^^ "°^ ^"°^ '^ ^•^^ ^-^«-"« --^--"

Members' contribution rates will be increased because of the amendments in items 1 and 2 (items 3 and 4
are paid for wholly by the State), by slightly under 50%, effective October 1, 1945. Thus, a member who now
contributes $10 per month, will contribute slightly less than $15. Nothing is included in the higher rates, as stated
in Item 2 preceding, for time during which contributions were made at lower rates. The increase in members'
contributions applies to Pubhc Agency employees only if the Public Agency elects to be subject to the amendments.

The State's contributions are increased accordingly effective October 1, 1945. and each Public Aeencv'i
contributions will be increased if it elects to be subject to the amendments. Agency i

Another amendment, sponsored by other groups, permits both State and Public Agency employees havine
accumulated contributions of at least $500 upon resignation or discharge, to elect irrevocably, withfn 90 days to
leave the contributions in the Retirement Fund, and then upon reaching the minimum optionil retirement a«' o

of !er" e crXed" """™"' ""°""" " "'" ^' ^'^"^^^ ^^ ^'^'^ ^"^ '^' ^^^ ' contributions, regardless

STATE EMPLOYEES' RETIREMENT SYSTEM

102 STATE OFFICE BUILDING NO. I

SACRAMENTO 14

STATEMENT OF NORMAL CONTRIBUTIONS

June 30, 1947

Member Account Number 5^ Oi

(Please refer to this number and your Department or Agency in all correspondence)

I KmeQt H. Kantorowlez ^ a, ^%^%^^

193 The Uplands ^''^'^^V^4>4''^ ^//,

Berkeley 5, Calif. ^'^r %o^%l^ V,

1. On June 30, 1946, there was standing to your credit in the CONTRIBtJ^TJONS
State Employees' Retirement System, accumulated normal con- ^ ^ -z o /^

utions amounting to $

2. Your contributions during the fiscal year ended June 30, 1947 ^ a a Q A
(including redeposits or adjustments, if any), amounted to . . $

3. Interest credited to you during the fiscal vear ended June 30, r> f^ ^ ^
19.47, amounted to $

L^8s withdrawals diirin^ year ^ A A ^ D —

4. On June 30, 1947, therefore, there was standing to your credit -> *f .D U
in the State Employees* Retirement System accumulated normal

contributions amounting to $ ^

8 4 1 8 1 rt

This last amount includes all contributions deducted from compensation earned by you up
to and including June, 1947, together with 4 per cent interest through June 30, 1938, 3 J/2
per cent interest through June 30, 1941, 3 per cent interest through June 30, 1944, and
lYz per cent interest, thereafter, compounded annually, from date of contributions through
June 30, 1947.

BOARD OF ADMINISTRATION

State Employees' Retirement System

F 43 7..42 7 o eoM spo *•" ^^ statement on Reverse Side

1. Beneficiary Status:

Upon entenng the Retirement System, each member designates
a beneliciary to receive the death benefit under the System. A
beneficiar>'s death, or a change in marital status might make the
designation of a new beneficiary advisable. Members should review
the matter as it applies to them individually, and ask the Retirement
Oflfice for the proper forms, if they want to name a new beneficiary.

2. Military Contributions:

As provided in Section 20894.5 of the Retirement Law, the
State will contribute for persons absent while in Military Service.
Since the State's contributions are to be applied to the member's
benelit only upon death or retirement, they will not be credited to
his account until deceased or retired.

3. Interest Rate:

The interest rate used under the Retirement System in the future
will depend on earnings. The rate of earnings continues to decrease,
because of the relatively low rate at which high-grade securities
now are available. The Board will be diligent as in the past, in its
efforts to maintain the earnings under the Fund, but it continues
of the opinion that the quahty of retirement investments must be
of high grade for the protection of both members and employers.
In accordance with sound policy and the Retirement Law, interest
earned during 1 946-47 in excess of 2 Vz per cent credited on con-
tributions, is being held in the Retirement Fund as a reserve against
deficiencies in interest earned m other years, possible losses under
investments and other contingencies.

STATE EMPLOYEES' RETIREMENT SYSTEM

102 STATE OFFICE BUILDING NO. 1
SACRAMENTO 14

STATEMENT OF NORMAL CONTRIBUTIONS

June 3 0, 1948

Member Account Number

(Please refer to this number and your Department or Agency in al! correspondence)

^^^^"^ NORMAL

1. On June 30, 194', there vas standing to your credit in the CONTRIBL TIONS
State Employees' Retirement System, accumulated normal con-
tributions amounting to . ^ 8 4 1 .8 1

2. Your normal contributions during the fiscal year ended June 30,
1948 (including redeposits or adjustments, if any), amounted to S

3. Interest credited to you during the fiscal year ended June 30,

1948, amounted to .... $ S 1. O 5"

4. On June 30, 1948, therefore, there was standing to your credit H
in the State Employees' Retirement System accumulated normal

contributions amounting to ^ c^roc^jj

This last amount includes all normal contributions deducted from compensation earned by
you up to and including June, 1948, together with 4 per cent interest through June 30, 1938, 3 ' 2
per cent inte— -t through June 3«, IMl, 3 per cent interest through June 30, 1944, and 2' 2
per cent mi thereafter, compounded annually, from date of contributions through June

3 0 1 948

BOARD OF ADMINISTRATION

State Employees' Retirement System
W^ Sec Statemmi on Kex me Side

F 4 3 B32B' --« TZm BFO

1. Beneficiary Status:

Upon entering the Retirement System, each member designates a beneficiary'
to receive the death benefit under the System. A beneficiary's death, or a change
in marital status might make the designation of a new heneflciar^' advisable.
Members should review the matter as it applies to them individually, and ask the
Retirement Office for the proper forms, if they want to name a new beneficiar>\

2. Military Contributions:

As provided in Section 20894.5 of the Retirement Law, the State will con-
tribute for persons absent w^hilc in Military Service. Since the State's contribu-
tions arc to be applied to the member's benefit only upon death or retirement,
they will not be credited to his account until deceased or retired.

Military Ser\^ice of Contracting Agenc} Members is credited under the
Retirement System, and the Agency contributes for the members, only if the
Agency's contract so provides.

3. Interest Rate:

The mterest rate used under the Retirement System in the future will depend
on earnings. The rate of earnings continues to decrease, because of the relatively
low rate at which high-grade securities now are available. The Board will be
diligent as in the past, in its efforts to maintain the earnings under the Fund, but
it continues of the opinion that the quality of retirement investments must be of
high grade for the protection of both members and employers. In accordance
with sound pohcy and the Retirement Law, interest earned during 1947-48 in
excess of 2 '2 per cent credited on contributions, is being held in the Retirement
Fund as a reserve against deficiencies in interest earned in other vears, possible
losses under investments and other contingencies.

4. WithdraM^al of Contributions (Refunds)

Accumulated contributions may be withdraw n upon permanent termination
of employment in a position which is subject to the Retirement System. Applica-
tion for refund of contributions may be made by mailing to the Retirement
System, a conqsletBd Form 238, "Request for Di^flHCimi of Separated Member's
Retirement Contributions," which may be obtained from your Emplover.

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
317 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

,. if AnD;>fc TO WMICW THIS LtTTtR IS5GNT

lb NOT Ys^ofi COnUwCr home ADORtSS. PLE^S^ NOTIFY

M W. BENEDICT, M 'B INS ^ RET. SYST.

UNIVGtSiTY OF CALIFORNIA. BERtcriFY, CALIF.

June SO. 1948

STATEMENT OF ACCUMULATION
RETIRING ANNUITIES SYSTEM

1^ T-h^

' .- 1 .f -n -

The amounts shown below represent the accumulation to your credit
under the Retiring Annuities System as of June 30, 1948.

Balance June 30, 1947 $ > -^ '^

* Contributory Payments 1947-1948 '^^ .

Interest 1947-1948® 31/^% /' ■

Balance June 30, 1948

/

In the event of death or withdrawal the accumulation will become
available as follows:

(1) For a member who has participated for four years or less, and who
is not a member under Section IV of the Pension System: (a) One-half
will be refunded in case of withdrawal; (b) One-half will be paid to bene-
ficiary or estate in case of death. (Remaining one-half will revert to the
University.)

(2) For a member who has participated for more than four years: (a)
Total will be used for purchase of annuity policy in case of withdrawal,
or it may be paid to member in cash if less than $1,000; (b) Contributions
by the member -with interest may be refunded if he is less than 57 years
of age, provided he relinquishes his right to the contributions by the
Regents and interest thereon; (c) Total will be paid to beneficiary or
estate in event of death.

• Includes regular contributions by the memlier and the Regents during the year;
also includes any special contributions made by the member together with matching
contributions by the Regents if required.

Form R39-16c-g,'46(Bll408)8268

Reprinted from the Faculty Bulletin
Vol. 19, No. 3 September, 1949

REVISION OF RETIREMENT REGULATIONS

At the meeting of the Regents on August 26,

1949, their Standing Orders were amended to
provide for certain changes in the regulations per-
taining to the retirement systems, which are sum-
marized briefly below.

Pension System

The maximum limit of $4,000 a year on retire-
ment allowances was removed for all members
who attain age 70 after January 1, 1950, and who
are not retired before that date. Provision was
made for those who exercised the option to par-
ticipate in the Retiring Annuities System whereby
the accounts will be adjusted as of January 1,

1950, and salary deductions will be resumed on
that date for those members whose accumulations
were discontinued on account of having reached
the maximum previously in effect.

Retiring Annuities System

1. The maximum limit of $4,000 a year on re-
tirement allowances was removed for all members,
effective January 1, 1950, subject to the special
provision for members of the Pension System de-
scribed above.

2. The Regents, in addition to matching the 7%
contributions by the members, will make addi-
tional contributions of 2.52% of the salaries of
members beginning July 1, 1949. Such additional
contributions will not be credited to the individual
accounts of members but will be held in a separate
reserve for supplemental annuities to become
available only at the time of retirement, and to re-
vert to and become the property of the Regents in
the event of the resignation, disqualification or
death of the members before retirement. These
additional contributions will represent an increase

of 18% in the retirement benefits from the normal
contributions (7% matched) made after July 1,
1949. The additional contributions will not be
made for members of the Pension System.

3. The Supplemental Pensions provided in the
amendments of May 29, 1947, for persons who
were members of the system on June 30, 1946,
were increased 100% for members whose normal
date of retirement occurs after January 1, 1950.
These Supplemental Pensions include the 1919-23
Supplemental Annuity, the Prior Service Pension
and the Differential Pension as provided in the
regulations adopted May 29, 1947, and as de-
scribed in the Faculty Bulletin for June, 1947. The
monthly pensions from this source shown at the
bottom of the statements sent to members under
date of June 30, 1947, therefore, will be doubled.

The increase of 2.52% in the contributions by
the Regents described in paragraph "2" will pro-
vide substantial increases in the retirement allow-
ances for the younger members of the system.
Likewise, the increase in the Supplemental Pen-
sions described in paragraph "3" will materially
increase the retirement allowances for the older
members. The removal of the limit of $4,000 a
year will benefit the members of the Pension Sys-
tem as well as the younger members of the Retir-
ing Annuities System whose salaries are relatively
high.

Further information on this subject, together
with a copy of the revised regulations will be sent
to all members with the annual statements of ac-
cumulations under the Retiring Annuities System,
some time during the month of October, 1949.

H. H. Benedict

Manager of Insurance and Retirement Systems

STATE EMPLOYEES' RETIREMENT SYSTEM

SACRAMENTO, CALIF.

STATEMENT OF NORMAL CONTRIBUTIONS

June 30, 1949

Member Number 52301 -

(Please refer to this number and your Department or Agency in all correspondence)

NORMAL

1. On June 30, 1948, there was standing to your credit in the CONTRIBUTIONS

State Employees* Retirement System, accumulated normal con-
tributions amounting to $ "^

2. Your normal contributions during the fiscal year ended June 30,

1949 (including redeposits or adjustments, if any), amounted to $ 8 6 S 8 6

3. Interest credited to you during the fiscal year ended June 30,

1949, amounted to % P1R7

4. On June 30, 1949, therefore, there was standing to your credit ^J
in the State Employees' Retirement System accumulated normal

contributions amounting to $ f\ R A A "^ ri

This last amount includes all normal contributions deducted from compensation earned by
you up to and including June, 1949, together with 4 percent interest through June 30, 193 8, 3 '/^
per cent interest through June 30, 1941, 3 per cent interest through June 30, 1944, and 2 '/i
per cent interest, thereafter, compounded annually, from date of contributions through Tune
30, 1949. *

BOARD OF ADMINISTRATION
State Employees* Retirement System

3^" See Statement on Reverse Side

Form 43A

12171 7-4» 9SM %C3

1. Beneficiary Status:

Upon entering the Retirement System, each member designate, a benericury
to receive the basic death benefit under the System. A beneficiary', death or a
change m mantal status might make the designation of a new beneficiary advisable
Members should review the matter as it applies to them individually, and ask the
Ret.rement Office for the proper form,, if they want to name a new beneficiary.

2. Interest Rate:

The interest rate used under the Retirement System in the future will depend
on earnmgs. The rate of earnings continues to decrease, because of the relatively
low rate at which high-grade securities now are available. The Board will be
d.hgent as m the past, in its efforts to maintain the earnings under the Fund, but
.t contmues of the op.nion that the quality of retirement investments must be of
high grade for the protection of both members and employers.

3. Withdrawal of Contributions (Refunds)

Accumulated contributions may be withdrawn upon permanent termination
of employment m a position which is subject to the Retirement System. Applica-
tion for refund of contributions may be made by mailing to the Retirement
System, a completed Form 238, "Request for Disposition of Separated Member's
Retirement Contributions." which may be obtained from vour Employer

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
317 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

June 30, 1949

STATEMENT OF ACCUMULATION
RETIRING ANNUITIES SYSTEM

I

Ernst H. Kantorovdcz
2424 Ri^dge Itoad
geiir^Tey, California

The amounts shown below represent the accumulation to your credit
under the Retiring Annuities System as of June 30, 1949.

Balance June 30, 1948 $ 2,282.0?

♦ Contributory Payments 1948-1949 1,00B#C)0

Interest 1948-1949 @ 314 7o ^9k

Balance June 30, 1949 | 3 j 3 »^n . ] 1

/

I

In the event of death or withdrawal the accumulation will become
available as follows:

(1) For a member who has participated for four years or less, and who
is not a member under Section IV of the Pension System: (a) One-half
will be refunded in case of withdrawal; (b) One-half will be paid to bene-
ficiary or estate in case of death. (Remaining one-half will revert to the
University.)

(2) For a member who has participated for more than four years: (a)
Total will be used for purchase of annuity policy in case of withdrawal,
or it may be paid to member in cash if less than $1,000; (b) Contributions
by the member with interest may be refunded if he is less than 57 years
of age, provided he relinquishes his right to the contributions by the
Regents and interest thereon; (c) Total will be paid to beneficiary or
estate in event of death.

• Includes regular contributions by the member and the Regents during the year;
also includes any special contributions made by the member together with matching
contributions by the Regents if required.

Form R39-2m-10,'49(B6654s)3268

^x^^

/

^7 Y^y^' <^^«^^^

^z-

/

// ^

^^-0

V

>K^

y^

^•r

♦'^ -

J,^^^'// X

/ ^6- rrj / - ^^^'^^ ^ ^

yj^ i'O • ."'^■^ /,OiC.QC KL/vT.^*'*?-^'^^

/c/yZ67 ) ^>^^^.* t

y

o?J. <i

>7

/

>, o

,<^;>,/y

ci?// / (5 /^

/lo^P,^*^

^^i:>'Of ic ^>rt

/<^- 3S^

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S^\/2^- /9(^-4r^

/r.^s2.rir - S//^^"^

3//>?'0 '^

I

Explanation of the

Retiring Annuities System

of the University of California
as amended in 1947 and 1949

<^

On May 29, 1947, the Regents adopted amendments
to their Standing Orders (Chapter VI, 2. Retiring
Annuities) governing the operation of the Retiring
Annuities System. These amendments substituted a
complete revision of the regulations of the System
for those previously in effect, although the important
provisions of the original plan were retained. On
July 22, 1949, the Regents approved other changes
recommended by the President which were later im-
plemented by corresponding revision of their Stand-
ing Orders. These changes, in addition to those made
in 1947, will materially increase the retirement bene-
fits as described in the Faculty Bulletin for Septem-
ber, 1949. The revised regulations are necessarily
somewhat complicated, and the following digest has
been prepared in more simple form for the general
information of all persons concerned. All provisions
which apply only to persons retired heretofore have
been omitted. Also, many matters of detail and nu-
merous minor provisions have been omitted, but
these are included in the printed regulations sup-
plied to each member of the System.

H. H. Benedict,

Manager of Insurance
and Retirement Systems

October 1, 1949

[1]

!

I I

RETIRING ANNUITIES SYSTEM

(1) Eligibility jor Membership

The following appointees are eligible for mem-
bership: instructors, assistant professors, associate
professors, professors, and others with comparable
titles or rank, when certified by the President or ap-
proved by the Regents. Membership is compulsory
for all eligible appointees.

(2) Exclusions from Membership

The following appointees are not eligible for mem-
bership: lecturers, associates, all appointees with so-
called nonacademic titles, such as research assistant
or research associate, all of whom Ix^come members of
the State Employees' Retirement System if they serve
on a basis of half time or more, with provision for
transfer if they become eligible under (i) above. Ap-
pointees with titles included in (i) above, if serving
less than half time, are excluded as well as those
whose appointments are expected to terminate within
one year or less. Service in Sunmier Session or Uni-
versity Extension is excluded.

(3) Contributions

Contributions by members are made through de-
ductions based on their actual total salaries at the
rate of 5% up to July 1, 1946, and at the rate of 7%
thereafter. Matching coiitributions are made by the
Regents, and the total sums are paid into the Annui-
ties System Current Fund. Special contributions may
be made by a member while on leave of absence with-
out pay, not to exceed twice the sum he would nor-
mally contribute during the period of such leave, but
such contributions are not matched by the Regents.

[2]

(4) Additional Contributions for Supplemental

Annuity

The Regents, in addition to matching the normal
7% contributions by the members described in (3)
above, will make contributions of 2.52% of the
salaries of members beginning July 1, 1949. Such con-
tributions will not be credited to the individual ac-
counts of members but will be held in a separate
reserve for supplemental annuities to become avail-
able only at the time of retirement, and to revert to
and become the property of the Regents in the
event of the withdrawal or death of the members
before retirement. The additional contributions will
not be made for members of the Pension System.

(5) Retirement Age

The normal and compulsory date of retirement is
June 30 following attainment of age 67.

Voluntary retirement may occur on any June 30 fol-
lowing attainment of age 62. Meml^ers who are eligi-
ble for benefits from the Carnegie Foundation will
retire under the regulations of the Pension System.

(6) Retirement Benefits

The contributions described in (3) above are cred-
ited to the accounts of the individual members, and
the total sums paid into the Annuities System Cur-
rent Fund are pooled with other retirement funds
and invested in high-grade securities. Interest is al-
lowed on all accounts at such rate as may be com-
patible with the income from investments from year
to year, but guaranteed not to be less than the current
rate used by the majority of the 25 largest life insur-
ance companies for their rates and reserves. Interest is
allowed from the end of each month in which the
contributions are credited, compounded on June 30
of each year. (Note: The rate allowed for the eleven
years ended June 30, 1949, has been 31/2%, but unless
investment yields improve it may be necessary to re-

[3]

t

\'

I I

1^

duce the rate to 314% or even less eventually, al-
though no definite prediction can be made as to
when this may occur. All future estimates at present
are based on a rate of 3%.)

At the time of retirement, the total accumulation
of the member will be applied to the purchase of an
annuity contract in such form as he may select from
any of the insurance companies on the "approved
list" established by the Regents. The additional
contributions of 2.52% by the Regents described in
(4) above will provide a Supplemental Annuity equal
to 18% of the retirement benefits derived from the
normal contributions (7% matched) made after July
1, 1949. It should be understood that this is not an
increase of 18% in the total retirement allowance but
only in that portion arising from normal contribu-
tions after July i, ig^g, except in the case of persons
who become members on or after that date. The
normal basis of settlement is a life annuity under
which all benefits cease at the time of death of the
annuitant, but the member has the option of select-
ing a reduced benefit in the form of a refund annuity
or a joint annuity providing survivor benefits, but he
must retain a life interest of at least 50%. The total
accumulation of the member, the value of the Sup-
plemental Annuity, and the value of the Supple-
mental Pension, if any, described in (9) below, may
be consolidated in the selection of the optional settle-
ment.

(!) Settlements Prior to Retirement

If a member has participated in the System for
more than four years, he shall be entitled to benefits
resulting from the total accumulation to his credit.
If his service is terminated by any cause other than
death, he shall be entitled to an annuity contract,
either immediate or deferred, to be purchased with

[4]

his total accumulation, or the sum to his credit may
be transferred to another institution having a retire-
ment system permitting such transfer. Cash refunds
are permissible only if the member is less than 57
years of age, provided he relinquishes his right to the
contributions by the Regents. If a member dies prior
to withdrawal or retirement, his total accumulation
becomes payable to such beneficiary as he may have
nominated or to his estate in the absence of such nom-
ination. A form for such nomination is furnished to
each member.

If a meml)er has not participated in the System for
more than four years, he is entitled only to a refund
of his contributions with interest; in case of death this
sum would be payable to his beneficiary or estate.

(8) General Provisions

Membership in the System must continue as long
as a member receives a regular salary of any amount
from the University, regardless of changes in title.

The retirement of a member does not preclude his
recall to active service for a limited period on any
basis of time and salary as may be mutually agree-
able, when such recall is for the best interest of the
University.

If a person becomes eligible for membership in the
System at an age of 55 years or more, he may be ex-
cluded by mutual agreement.

If the regulations of the System are not clear as ap-
plied to the case of any person, the interpretation of
the President of the University shall be binding upon
all parties concerned.

The provisions of the System may be modified at
any time in the case of any person by mutual agree-
ment between such person and the Regents.

The Regents necessarily reserve the right to revise
or modify the System at any time.

[5]

I I

(9) Supplemental Pensions

The following provisions apply only to those per-
sons who were members of the System on June ^o,
1946.

The following additional retirement allowances
will be provided by the Regents for each member
entitled thereto, whose membership in this System
became effective prior to June 30, 1946, such allow-
ances to be consolidated and designated as a "Supple-
mental Pension" to become available on the date of
normal retirement:

(a) Supplemental annuity for 1919-23— a pension
equal to 10% of the salary received by the meml)er for
service in the University as assistant professor, associ-
ate professor, professor, or comparable rank during
the period from July 1, 1919, to June 30, 1923, with
interest at 4% to June 30, 1924, with normal interest
from July 1, 1924, to June 30, 1946, and with interest
thereafter at 3%, compounded annually to the date
of normal retirement, converted at that date into an
immediate life annuity based on the present "stand-
ard" annuity rates; (Note: This is a slightly modified
form of the annuity provided for the years 1919-23
under the original regulations.)

(b) Prior service pension— a pension ccjual to 10%
of the salary received by the member for all service
rendered to the University or the State of California,
on a basis of half time or more, for which the member
has no credit under any retirement system, with in-
terest at 4% compounded annually from June 30 at
the end of each fiscal year in which the salary was
received to June 30, 1946, and with interest at 3%
compounded annually on June 30 of each year there-
after to the date of normal retirement, converted at
that date into an immediate life annuity based on
the present "standard" annuity rates;

[6]

(c) Differential pension— a pension equal to the per-
centage, of the estimated .retirement allowance, set
opposite the dates between which the date of normal
retirement occurs for the respective members, as
shown by the following schedule:

Normal Date of Retirement

Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
Between
After

Jan. 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,
July 1,

I and

fuly
nd July

and

ind

1 and

1950
1950 ai

1951
1952 ai

»953i^

1954 and

1955 and

1956 and

1957 and

1958 and

1959 and
i960 and

1961 and

1962 and

1963 and

1964 and

1965 and

1 966 and

1967 and juiy

1968 and July

1969 and July

1970 and

»97i

uly
[uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly
uly

uly

1950
»95i
1952
1953
»954
'955
•956

1957

1958

1959
i960

1961

1962

'963
1964

1965
1966

1967

1968

1969
1970

1971

Percentage

44
42
40

38
36
34
32

30
28
26

24
22
20
18
16

14

12
10

8
6

4

2

None

The "estimated retirement allowance" will be
based on the accumulation of each meml)er in the
Annuities System Current Fund as of June 30, 1946,
with assumed contributions of 10% based on the ad-
justed normal salary rate for the year 1945-46 allow-
ing estimated increases of $80 each year thereafter,
projected to the date of normal retirement with in-
terest at 3% compounded on June 30 of each year,

[7J

I I

/

converted into an immediate life annuity on that
date at the present "standard" annuity rates.

The Supplemental Pensions described above are to
be granted solely as retirement benefits; if member-
ship in this System is terminated by death, resigna-
tion, or any cause other than normal or voluntary
retirement, any reserve for such pensions set up by
the Regents for the benefits of a person whose mem-
bership is so terminated shall lapse and revert to the
Annuities System Contingency Reserve.

If a member of this system retires prior to the date
of his normal retirement, the Supplemental Pension
shall be reduced 1/15 for each year earlier than the
date of normal retirement, with allowance for frac-
tions of a year computed to the nearest completed
month of service.

The present "standard" annuity rates mentioned
are the rates for the purchase of immediate life an-
nuities from the majority of the twenty-five largest
life insurance companies of the United States, based
on their total admitted assets as of January 1, 1946.

None of the Supplemental Pensions shall apply to
members of the Pension System.

(10) Pension System

The Pension System applies only to those persons
who were in the service of the University of Califor-
nia with professorial rank prior to July 1, 1919. The
maximum limit of $4,000 a year on retirement allow-
ances has been removed for all members attaining
age 70 after January 1, 1950, who are not retired
before that date. The accounts of all members who
exercised the option to participate in the Retiring
Annuities System will be adjusted as of January 1,
1950, and salary deductions and contributions by
the Regents will be resumed on that date. No other
change was made in the regulations as amended
May 12, 1931.

R-47-2im-10,'49 (B6937S)

[8]

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V

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
317 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

November 21, 19k6

Professor Ernst K. Kantorovricz
193 The Uplancis
Berkeley 3, Cali-fornia

Dear Professor KantoroTrLca :

In checking the Salarj^ Roll in connection vjlth the retirement systems
we found that tlrirough an oversight your membership in the State Employees » Retire-
ment System had not been transferred to our Retiring Annuities System on July 1,
19li5, when your appointment vfas changed from Lecturer to Professor, which latter
title qualifies you for membership in the Retiring Annuities System, Enclosed you
Td-ll find the formal notification of your transfer from the State Employees' Re-
tirement System and your participation in the Retiring Annuities System,

"lYe have requested the State Employees' Retirement System to refund the
deductions made from yoiir salary since Jvil^r i, 19l;5, as per copy of our letter
attached, and the total sum due you is 0i)Uu6O. V^lien the State vrarrant is received
in this office we shall contact you and request you to give us your personal check
in the sum of rjU9»79 to bring your Retiring Annuities System account up to date.
A breal^i-dovm of this s\im is shown below:

IConth

Salar^^ earned

^% deduction

July, 19U5

^;i370.00

316.50

August

370.00

18.50

September

370*00

$18.50

September

199.98

10.00

28.50

October

370.00

lu.50

October

66.66

3*33

21.63

November

U36.66

21. b3

November

10.00

.50

22.33

December

U36.66

21.83

Januar;^', 191|6

li36.66

21.83

Februar^^

U36.66

21.83

llai'ch

U36.66

21.83

April

I4.36. 66

21.83

loay

U36.66

21.83

June

i;36.66

21.83

July

li36.66

21.83

August

1;36.66

21.83

September

1;36.66

21.83

October

436.66

21.83

63U9.79

Current deductions of 021.83 {$% of $U36.66) will be made from your salary
commencing YO-th your november check. If you have any questions about this adjust-
ment, please do not hesitate to contact this office.

Yours very trulj'".

HKB:vw

Enclosures

cc: Accounting Dept.

H. H. Benedict, Llanager

UNIVERSITY OF CALIFORNIA

Department of Insurance

and Retirement Systems

Berkeley 4, California

Hsmatm: 21^ ISUiS

Wt% Bftrl ^'* nWfiM^tt, IWMliM SMrtttary

102 ^ta we OCf ice BLdg« H
Sftcrttmonto 11;^ GaliToonfiia

Dear Mr* Q

Tbttak you for your JL^&tfxr of licnnaHoer IS^ rsi^ardis^ JUm&w ..•
XiiitorcQsrlcs md thu ixifljdMllt^ ocf tapaniSf errljaff hiji anbconihlD trxA th#
atate E£::^o;>xcs* r^tlriHint 4F»t«Bi to tte Eatiring Axsnultioa %9tici ^^
roctlvo JuXu Ij 19i45* On that data ha rcccivod an ypoiiiliiiit aa l¥«CtaMr
nUUftx tltla cptalifiod h±Bi for i&dsobarabip in oizr ^rataau In vlair of jour
tmslkr ym aare aaktog that jitm raftmd tha contribution to tlie ^.w^ ^nstas
Mde iQT Prof osaor KantoroKlca f roasi 3^^ Ig l?li5>^ ttarou^ Ootobar yOg 19!4«
Will you plaasa aaod mb a Dtata l^unws^ coveriz^g tbo roUdwifie aiaoimtai

Ib^th

mmmmmtmmm

July, 1914^
A\igUdt

a^ptMbar

$370.00
370.00
370.00
1?9.90
370.00
66.66
10.00

1436.66
1436.66

Jaxsmtf, 19ti6 U36.66)

OctOiMT

October

Dodwtioa

$21.87
21.87
21.67

a.27
32.1$

36.21
36.21
36.21

iloath

Mbroaryj 1^

Wtstch

April

Aagaat

October

EtnxL <. -z DadaatlaB

sTT^fUrr^^ SSSSS2BS9S

$36.21

$U36.66

li36.66

106.66

li36.66

•66

•66

'-v"

' a ■^i""^*"^

36.21
36.21
36.21

36.21

3 -
36.21
36.21

?5U;.60

)59lfV

cot Accoun^ang D0i^ /
i.2t*. XfeB]itca?oiiloa /

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
311 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

Kovenber 21, l?ii6

Professor Kantorowica:

Enclosed is a notice of your participation in the Retiring Annuities
System as the result of your promotion v/hich gives you a title naking you eligible
for membership in this system. Membership is compulsory for all eligible
appointees under the provisions of Section I of the regulations.

Heretofore you have been a member of the State Employees' Retirement
System, but under Section 20651 of the State Employees' Retirement Law your mem-
bership will be suspended except as to interest on your accumulations which will
remain to your credit under the provisions which read as follows:

Section 20651: If a member becomes a member of the retiring annuities
system of the university he shall be considered as temporarily separated
from State service, ^vith respect to his right to withdraw contributions,
during his continued membership in the university system, and shall not
contribute to this system on account of service rendered as a member of
the ""jniversity system.

Section 20866: A member who is considered temporarily separated from
State service because he becon^s a member of the retiring annuities
system of the university shall receive credit under this system for
service rendered to the university while so separated solely for quali-
fication for death benefit and for retirerrent, and not in the calculation
of death benefits or retirement allowarices.

Ibder the sections above, if you remain in service until retirement, your
credits under the State Employees' Retirement System v;ould supplement yo^ir retire-
ment allowance under our Retiring Annuities System. If your death sho-old occur
prior to retirement, the death benefit including your normal contributions to the
State Employees' Retirement System with interest would be paid to your beneficiar:^''^
or, if you should resi^, your contributions would be subject to refund as pro-
vided by the State Employees' Retirement Law. Section 20393 of this law provides
that if your accumulated contributions are more than $500.00 you may elect to
receive a retirement allowance but such election must be made within 90 days of
the date of resignation.

In the event of your resignation, retirement, or death we shall endeavor
to initiate appropriate settlement in connection with your membership in the State
Employees' Retirement System. However, such an event may not occur for several
years and with changes in personnel, organization, and business procedure, over-
sights are not ii!g:>03sible. Therefore, you should take steps at the proper time
to protect your interests by communicating with the University authorities or with
the State Employees' Retirement System in Sacramento. You should also convey this
information to the person you have nominated as beneficiary in the event of your
death prior to retirement.

Yours very truly.

Form R 17

200-7, »46

cc: iS*. Chapman

H. K. Benedict, Manager

UNIVERSITY OF CALIFORNIA

DLPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
311 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

Koveriber 21, 15l;6

Prof. Ernst E. KantorcfVTicz
193 "The Uplands
Berkeley." 5^ California

Dear Prof. Ixantorovricz :

Enclosed is a pamphlet containing the provisions of the
Retiring Annuities ^stem, adopted by The Regents of the University
of California.

You will participate in the benefits and responsibilities of
the Retiring Anniiities System, and deductions will be made from yoxir
monthly salary beginning Jul\' 1, 15U5-^ at the rate of 5^.

In order to meet the requirements of the retirement system
and to administer the regulations of the University, the President has
authorized and directed this department to obtain satisfactory evidence
of age from all employees. Furthermore, such evidence would be
absolutely necessary if we had occasion to purchase an annuity contract
for your benefit. Tou are therefore requested to submit evidence show-
ing the date of your birth as soon as possible in one of the following
format

^B^A birth certificate

A life insurance policy or annuity contract
A United States Passport

A certified statement from church or school records
A certified copy of a public or semi-public record
A document or publication not related to matters of
employment or retirement.

The document to be utilized to establish the authentic date
of your birth should be taken or sent to this office or to the chief
b«8i»B86 officer of the campus concerned, in order that an appropriate
certificate may be prepaired and certified before a notary public by
our representative in charge. The document will be returned to you as
soon as the certificate has been prepared.

A Nomination of Beneficiary form is enclosed. Please com-
plete and return it or indicate your desire not to do so.

Kindly give this your attention wjthin ten days.

Very truly yours.

Enclosures
Form R16

-JcSee enclosed Ictterc of explanation.
-i'riir Please submit your birth certificate again as it is
make up a ram document for our files.

ary to

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
317 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

June 30, 1947

Ernest H. Kantorowicz
193 Tlie Uplands
Ber eley t , Ct^lif.

Enclosed is an "Explanation of the Retiring Annuities System of the University of California as amended May

29, 1947," together with a copy of the revised regulations adopted by the Regents on that date. The statement of

your account follows. ,, x, -r^

' H. H. Benedict, Manager

REGUL.\R ACCOUNT

The amounts showTi below represent the accumulation to your credit under the Retiring Annuities System
as of June 30, 1947. In the event of death or withdrawal the accumulation will become available as follows:

(1) For a member who has participated for four years or less, and who is not a member under Section IV of
the Pension System: (a) One-half will be refunded in case of withdrawal; (b) One-half will be paid to beneficiary
or estate in case of death. (Remaining one-half will revert to the University.)

(2) For a member who has participated for more than four years: (a) Total will be used for purchase of
annuity policy in case of withdrawal, or it may be paid to member in cash if less than $1,000; (b) Contributions
by the member with interest may be refunded if he is less than 57 years of age, provided he relinquishes his
right to the contributions by the Regents and interest thereon; (c) Total will be paid to beneficiary or estate
in event of death.

Balance June 30, 1946 $ None

Contributory Pavments 1946-47:

•Regular ' 1244.9E

••Under leave of absence None

Interest 1946-47 ©314% ^j-*^^

Balance June 30, 1947 5 1256T59

•This includes payments made under option of November 15, 1946, permitting special contributions of 2%
of salary for the six months ended December 31, 1946, and like sums contributed by the Regents.
••Contributory pa^nients under leave of absence (a) or (c) include your contributions and like sums contributed
by the Regents; under leave of absence (b) your own contributions are not matched by the Regents.

Form R39A-700-9.'47(A5916s)3116

/

Explanation of the

Retiring Annuities System

of the University of California
as amended May 29, 1947

On May 29, 1947, The Regents adopted
amendments to their Standing Orders (Chap-
ter VI, 2. Retiring Annuities) governing the
operation of the Retiring Annuities System.
These amendments substituted a complete
revision of the regulations of the System for
those previously in effect, although the im-
portant provisions of the original plan were
retained. The revised regulations are neces-
sarily somewhat complicated, and the follow-
ing digest has been prepared in more simple
form for the general information of all
persons concerned. Many matters of detail
and numerous minor provisions have been
omitted, but these are included in the
printed regulations supplied to each mem-
ber of the System.

H. H. Benedict,

Manager of Insurance
and Retirement Systems

July 1, 1947.

[1]

f

RETIRING ANNUITIES SYSTEM

(1) Eligibility for Membership

The following appointees are eligible for mem-
bership: instructors, assistant professors, associate
professors, professors, and others with comparable
titles or rank, when certified by the President or ap-
proved by The Regents. Membership is compulsory
for all eligible appointees.

(2) Exclusions from Membership

The following appointees are not eligible for mem-
bership: lecturers, associates, all appointees with so-
called nonacademic titles, such as research assistant
or research associate, all of whom become members of
the State Employees' Retirement System if they serve
on a basis of half time or more, with provision for
transfer if they become eligible under (i) above. Ap-
pointees with titles included in (i) above, if serving
less than half time, are excluded as well as those
whose appointments are expected to terminate within
one year or less. Service in summer session or exten-
sion work is excluded.

(3) Contributions

Contributions by members are made through de-
ductions based on their actual total salaries at the
rate of 5% up to July 1, 1946, and at the rate of 7%
thereafter. Matching contributions are made by The
Regents, and the total sums are paid into the Annui-
ties System Current Fund. Special contributions may
be made by a member while on leave of absence with-

[2]

out pay, not to exceed twice the sum he would nor-
mally contribute during the period of such leave, but
such contributions are not matched by The Regents.
Contributions cease when the accumulation to the
credit of a member is sufficient to provide a retire-
ment allowance of $4,000 a year from all sources aris-
ing out of his employment by the University of
California, including benefits from the Carnegie
Foundation or the Carnegie Corporation.

(4) Retirement Age

The normal and compulsory date of retirement is
June 30 following attainment of age 67, subject to a
three-year transition period during which retirement
will occur as follows:

On June 30, 1947, those then aged 69 and 70 years;
On June 30, 1948, those then aged 68 and 69 years;
On June 30, 1949, those then aged 67 and 68 years.

Voluntary retirement may occur on any June 30 fol-
lowing attainment of age 62. Members who are eligi-
ble for benefits from the Carnegie Foundation will
retire under the regulations of the Pension System.

(5) Retirement Benefits

The contributions described in (3) above are cred-
ited to the accounts of the individual members, and
the total sums paid into the Annuities System Cur-
rent Fund are pooled with other retirement funds
and invested in high-grade securities. Interest is al-
lowed on all accounts at such rate as may be com-
patible with the income from investments from year
to year, but guaranteed not to be less than the current

[3]

rate allowed on deposits in savings banks. Interest is
allowed from the end of each month in which the
contributions are credited, compounded on June 30
of each year. (Note: The rate allowed for the past
nine years ended June 30, 1947, has been 3V4%, but
unless investment yields improve it may be necessary
to reduce the rate to 314% or even less eventually,
although no definite prediction can be made as to
when this may occur. All future estimates at present
are based on a rate of 3%.)

At the time of retirement, the total accumulation
of the member will be applied to the purchase of an
annuity contract in such form as he may select from
any of the insurance companies on the "approved
list" established by The Regents. The normal basis
is a life annuity under which all benefits cease at the
time of death of the annuitant, but the member has
the option of selecting a reduced benefit in the form
of a refund annuity or a joint annuity providing sur-
vivor benefits, but he must retain a life interest of at
least 50%.

(6) Settlements Prior to Retirement

If a member has participated in the System for
more than four years, he shall be entitled to benefits
resulting from the total accumulation to his credit.
If his service is terminated by any cause other than
death, he shall be entitled to an annuity contract,
either immediate or deferred, to l)e purchased with
his total accumulation, or the sum to his credit may
be transferred to another institution having a retire-
ment system permitting such transfer. Cash refunds
are permissible only if the member is less than 57

[4]

years of age, provided he relinquishes his right to the
contributions by The Regents. If a member dies prior
to withdrawal or retirement, his total accumulation
becomes payable to such beneficiary as he may have
nominated or to his estate in the absence of such nom-
ination. A form for such nomination is furnished to
each member.

If a member has not participated in the System for
more than four years, he is entitled only to a refund
of his contributions with interest; in case of death this
sum would be payable to his beneficiary or estate.

(7) General Provisions

Membership in the System must continue as long
as a member receives a regular salary of any amount
from the University, regardless of changes in title.

The retirement of a member does not preclude his
recall to active service for a limited period on any
basis of time and salary as may be mutually agree-
able, when such recall is for the best interest of the
University.

If a person becomes eligible for membership in the
System at an age of 55 years or more, he may be ex-
cluded by mutual agreement.

If the regulations of the System are not clear as ap-
plied to the case of any person, the interpretation of
the President of the University shall be binding upon
all parties concerned.

The provisions of the System may be modified at
any time in the case of any person by mutual agree-
ment between such person and The Regents.

The Regents necessarily reserve the right to revise
or modify the System at any time.

[5]

I

(8) Supplemental Pensions

The following provisions apply only to those per-
sons who were members of the System on June 50,
1946.

Subject to the limitation of $4,000 a year from all
sources, the following additional retirement allow-
ances will be provided by The Regents for each
member entitled thereto, whose membership in this
System became effective prior to June 30, 1946, such
allowances to be consolidated and designated as a
"Supplemental Pension" to become available on the
date of normal retirement:

(a) Supplemental annuity for 1919-23— a pension
equal to 5% of the salary received by the member for
service in the University as assistant professor, associ-
ate professor, professor, or comparable rank during
the period from July 1, 1919, to June 30, 1923, with
interest at 4% to June 30, 1924, with normal interest
from July 1, 1924, to June 30, 1946, and with interest
thereafter at 3%, compounded annually to the date
of normal retirement, converted at that date into an
immediate life annuity based on the present "stand-
ard" annuity rates; (Note: This is a slightly modified
form of the annuity provided for the years 1919-23
under the original regulations.)

(b) Prior service pension— a pension equal to 5% of
the salary received by the member for all service ren-
dered to the University or the State of California, on
a basis of half time or more, for which the member
has no credit under any retirement system, with in-
terest at 4% compounded annually from June 30 at
the end of each fiscal year in which the salary was

[6]

received to June 30, 1946, and with interest at 3%
compounded annually on June 30 of each year there-
after to the date of normal retirement, converted at
that date into an immediate life annuity based on
the present "standard" annuity rates;

(c) Differential pension— a pension equal to 25% of
the estimated retirement allowance for the members
retired between January 1, 1946, and July 1, 1947,
reduced 1% each year for the members attaining nor-
mal retirement age thereafter to 1% for the members
attaining normal retirement age on June 30, 1971,
after which such pensions will not be allowed; the
estimated retirement allowance will be based on the
accumulation of each member in the Annuities Sys-
tem Current Fund as of June 30, 1946, with assumed
contributions of 10% based on the adjusted normal
salary rate for the year 1945-46 allowing estimated
increases of $80 each year thereafter, projected to the
date of normal retirement with interest at 3% com-
pounded on June 30 of each year, converted into an
immediate life annuity on that date at the present
"standard" annuity rates.

The Supplemental Pensions described above are to
be granted solely as retirement benefits; if member-
ship in this System is terminated by death, resigna-
tion, or any cause other than normal or voluntary
retirement, any reserve for such pensions set up by
The Regents for the benefit of a person whose mem-
bership is so terminated shall lapse and revert to the
Annuities System Contingency Reserve.

If a member of this system retires prior to the date
of his normal retirement, the Supplemental Pension
shall be reduced 1/15 for each year earlier than the

[7]

date of normal retirement, with allowance for frac-
tions of a year computed to the nearest completed
month of service.

The present "standard" annuity rates mentioned
are the rates for the purchase of immediate life an-
nuities from the majority of the twenty -five largest
life insurance companies of the United States, based
on their total admitted assets as of January i, 1946.

None of the Supplemental Pensions shall apply to
members of the Pension System.

(9) Pension System

No change has been made in the Pension System
applying to those persons who were in the service of
the University of California with professorial rank
prior to July 1, 1919, as provided in the original reg-
ulations as amended May 12, 1931.

1600-9,'47(A5917)

/

UNIVERSITY OF CALIFORNIA

Department of Insurance and Retirement Systems

July 1, 1945
To Employees of the University:

This is for your information concerning the State
Employees' Retirement System.

CHANGES IN THE LAW

Important changes in the retirement Law, which
will become effective on October 1, 1945, were made
by the 1945 session of the Legislature. These changes
are too extensive to describe in detail, but the major
items are substantially as follows:

(a) Employees become members of the system on
the iirat day of the month next following the com-
pletion of six months of service without a break of
more than one month ;

(6) Aliens employed under Section 1944.1 of the
Labor Code are excluded from the system;

(c) Increase made in contribution rates ranging
from 44.2% to 49.5% according to age and sex;

(d) Basis of contributions changed from l/70th
of final compensation (average compensation earn-
able for the last 5 years of service) for each year of
service at age 65 to l/60th of final compensation at
age GO for each year of service under increased rates
of contribution ;

(e) Credit for prior service changed from l/70th
at age 65 to l/60th at age 60 for each year of prior
service credit, the basis of compensation remaining
the same ;

(/) Age for voluntary retirement lowered from
age 60 to age 55, with credit for 20 years of service;

(g) Minimum retirement allowance increased
from $40 a month to $60 a month, and is available

[1]

at age 70 with credit for prior service, or at age 65
with credit for 20 years of service;

(h) Disability allowances for members 55 years of
age or more will be based upon service retirement
allowances at the respective ages, and basis of com-
putation changed from l/70th to l/60th of final
compensation;

(t) If an employee's service is terminated and his
accumulated contributions are more than $500, he
may elect to receive a refund or to allow his con-
tributions to remain in the system from which he
may receive a retirement allowance when qualified
by age;

(j) Contributions for members in the service of the
armed forces will be provided by the State, and the
contributions heretofore made by such members will
be refunded or applied as additional contributions;

(fc) Upon the death of a retired member after
October 1, 1945, the sum of $300 will be paid to his
beneficiary;

(I) Retentions and reinstatement of members
more than 70 years of age is continued until October
1, 1947, or until the termination of the war, which-
ever is earlier, and any such member may be retired
upon application by himself or the head of his de-
partment. (See note at end of Title 19 — War Emer-
gency Provisions.) ;

(w) The system, heretofore operated under the
State Employees' Eetirement Act, Chapter 700 of
the Statutes of 1931, and subsequent amendments, is
revised and amended and is now incorporated in the
Government Code, Part 3, and is now known as the
State Employees' Retirement Law.

CHANGES IN CONTRIBUTION RATES

The rates for all members were increased effective
October 1, 1945. The following table shows both the
old rates in effect to September 30, 1945, and the
new rates effective October 1, 1945 :

Normal Rates of Contribution in Percentage
OF Compensation

New Rates Effective October 1, 1945

(Not applicable to members of California Highway Patrol)

Nearest

Men

Women

Age at Entry

A

K

r

>

r

\

Into the

Old

New

Old

New

System

Rate

Rate

Rate

Rate

20

4.83

7.22

5.83

8.51

21

4.83

7.22

5.84

8.52

22

4.83

7.22

5.86

8.55

23

4.83

7.22

5.89

8.57

24

4.84

7.22

5.91

8.62

25

4.85

7.22

5.94

8.66

26

4.86

7.24

5.99

8.71

27

4.88

7.26

6.02

8.76

28

4.91

7.28

6.06

8.82

29

4.93

7.32

6.11

8.87

30

4.96

7.36

6.16

8.94

31

4.99

7.40

6.21

9.02

82

5.04

7.46

6.26

9.09

33

5.08

7.52

6.32

9.17

34

5.12

7.58

6.37

9.24

35

5.18

7.65

6.42

9.32

36

5.23

7.72

6.49

9.41

37

5.29

7.81

6.54

9.49

38

5.34

7.88

6.01

9.58

39

5.42

7.97

6.67

9.67

40

5.47

8.07

6.73

9.76

41

5.55

8.16

6.80

9.84

42

5.61

8.26

6.86

9.93

43

5.69

8.36

6.93

10.02

44

5.76

8.47

6.99

10.12

I

[2]

[3]

Nearest

Men

Women

Age at Entry
Into the

K

K

Old

New

Old

>

New

System

Rate

Rate

Rate

Rate

45

5.84

8.58

7.05

10.22

46

5.91

8.69

7.12

10.31

47

5.99

8.81

7.19

10.40

48

6.08

8.92

7.26

10.50

49

6.15

9.04

7.32

10.59

50

6.24

9.16

7.40

10.69

51

6.31

9.27

7.46

10.79

52

6.40

9.39

7.54

10.89

53

6.49

9.51

7.61

10.99

54

6.56

9.63

7.67

11.09

55

6.65

9.76

7.75

11.19

56

6.74

9.8S

7.82

13.29

57

6.82

10.00

7.90

11.40

58

6.91

10.13

7.97

11.50

59

7.00

10.26

8.05

11.61

60 and

over —

new rates, sar

lie as aee

59

Note: The rate established for a member at his
age of entry as revised October 1, 1945, will remain
unchanged in subsequent years until it becomes
necessary for the Board of Administration to again
revise the rate schedule in order to meet changed
circumstances.

ADDITIONAL INFORMATION

Further details concerning the retirement Law
will be furnished upon request. A booklet describing
the System as amended is available. Address: Man-
ager of Insurance and Retirement Systems, Univer-
sity of California, Berkeley 4, California.

6m 9, '45(60168)

AC 4 3

UNIVERSITY OF CALIFORNIA

Retiring

Annuities

System

Amended and Adopted by

THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

MAY 29, 1947

RE 1 IRING ANNUITIES SYSTEM

(Regulations as Amended and Adopted
May 29, 1947)

\. There are hereby adopted as Standing Or-
ders of the Corporation the following provisions
governing the Retiring Annuities System.

The benefits and responsibilities of this Re-
tiring Annuities System shall apply to those
persons whose service in the University of Cali-
fornia in the several grades set forth below be-
gan on or after Jidy 1, 1919, except as provided
in paragraph (d) of this Section and Section VII
hereof, to wit:

(fl) All persons previously admitted to the
Retiring Annuities System adopted by the Re-
gents of the University, September 18, 1924, as
amended, who are still in the service of the
University of California, which shall include
the President of the University, the Comp-
troller, the Secretary of the Regents, the Regis-
trar at Berkeley, the Registrar at Los Angeles,
the Librarian at Berkeley, and the Librarian at
Los Angeles.

[b) Professors, associate professors, assistant
professors and instructors.

(r) Persons holding titles in the Agricultmal
Experiment Station, the Lick Observatory, and
the departments of Physical Education (such
as agronomist, associate agronomist, assistant
agronomist or junior agronomist in the Experi-
ment Station, astronomer, associate astronomer,
assistant astronomer or junior astronomer in
the Lick Observatory, and supervisor, associate
su[)ervisor, assistant supervisor or jiuiior super-
visor in the dei)artments of Physical Educa-
tion) which have been certified by the President
as titles equivalent to professor, associate pro-
fessor, assistant professor, or instructor in the
operation of the retirement system; and other
employees of rank comparable to those included
imder paragraphs (a) and {b) above when ap-
proved by the Regents.

US]

(d) This System shall not apply to any person
excluded under the provisions of Section VII
hereof, nor to any person who is a member of
the Pension System of the University of Cali-
fornia, except those persons who accepted the
option to participate in this Retiring Annuities
System under the provisions of Section IV of the
revised regulations of the said Pension System
adopted by the Regents on May 12, 1931.

(e) A member of the State Employees' Retire-
ment System who acquires status qualifying him
for membership under this Section shall there-
upon be transferred to membership in this Sys-
tem unless otherwise authorized by the Regents
or by law; such member shall retain such retire-
ment credit as he may have under the Stale
Employees' Retirement System up to the time
of transfer, as provided in the State Employees'
Retirement law, to supplement the benefits un-
der this System.

II. Subject to limitations and conditions here-
inafter set forth, contributions shall be made to
this System as follows:

Up to January 1 , 1 947—5% by the member,
which shall be deducted from his salary,
and 5% by the Regents;

On and after January 1, 1947-7% W the
member, which shall be deducted from
his salary, and 7^0 by the Regents.

A member shall have the privilege of making
additional contributions to this System on or
before June 30, 1947, not to exceed 2% of his
total salary for the period from July 1, to De-
cember 31, 1946, and all such contributions will
be matched by the Regents; payment of such
contributions shall be made in such manner
as may be mutually agreeable, but in any case
the member must notify the appropriate official
of the University on or before March 1, 1947,
of his acceptance or rejection of the privilege
herein granted.

All contributions shall be paid currently into

[4]

I

the Annuities System Current Fund for credit
to the accoimis of the individual members.

(a) The deductions, contributions, and com-
putations for a member in the College of Agri-
culture participating in this System under the
regulations heretofore in effect shall be based
upon ten-elevenths of his actual professorial
salary or the c(iuivalent, until July 1, 1931. This
exception shall not apply to a member in the
College of Agriculture, during such time as he
shall have received salary on the "academic
basis" nor shall it apply to any member ad-
mitted to this System under the provisions of
Section IV of the Pension System, nor shall it
apply to any member after June 30, 1931.

111. The benefits and settlements under this
System shall be subject to the following pro-
visions:

(a) The Regents will purchase for each mem-
ber, at the time of his retirement in accordance
with Section IX hereof, a life annuity policy or
contract as provided in Section XIV hereof, to
which shall be applied the total accunudation
to his credit in the Annuities System Current
Fund, including normal interest thereon.

(b) Normal interest, for the purpose of this
System, is defined as the average interest rate
paid on six-month term savings deposits by the
five banks in the State of California which have
the largest total savings deposits at the time in-
terest is compounded, as hereinafter provided,
or such higher rate as the Regents may establish
from time to time. Interest shall be compoiuided
annually on June 30 of each year.

(c) If a member resigns or is disqualified be-
fore the date of normal retirement, he shall be
supplied with such annuity policy or contract
as the accumulation in his behalf, including
normal interest thereon, will purchase as pro-
vided in Section XIV hereof, subject to the re-
versions and exceptions specified in paragraph
(h) of this Section and Sections I\^ and XI hereof.

C 5 1

In sutli case, if a iiiciiil)t'r so elects he may re-
ceive, in place of the annnity policy or con-
tract under this Section, a cash refund equal
to his own contributions with normal interest
thereon, provided he is less than 57 years of age
and agrees to relinquish all right to the Regents
contributions in his behalf or benefus there-
from.

(d) If a member dies prior to the purchase of
an annuity or contract for his benefit, or prior
to other disposition of his accumidations in
accordance with the provisions of this System,
the accinnulation in his behalf, including nor-
mal interest thereon, shall be jjaid to the person
or persons of his choice as directed in his will or
in a nomination of beneficiary or, in the absence
of a competent document, to his estate, subject
to the reversions specified in Sections IV(^) and
XI hereof. If a member dies intestate, wiilioiu
heirs, and without having nominated a bene-
ficiary who is living at the time of his death, the
entire accimiulation of such member shall re-
vert to and become the property of the Regents.

(e) If a member leaves the employ of the Uni-
versity of California and goes to another insti-
tution having a contributory retirement system,
the accunudation in behalf of such member
may, by mutual consent, be transferred to such
other institution, subject to the reversions speci-
fied in Sections IV (e) and XI hereof.

(/) If the status of a member of this System is
so changed that he would not be eligible for
admission to this System as a new appointee
with the same status, his membership in this Sys-
tem shall be continued as long as he receives a
regular salary from the University of California,
subject to contributions as provided in Setcion
IV(rt) hereof.

(g) If the participation of a member is termi-
nated and such member becomes eligible for
re-admission to this System, he shall assume the
status of a new appointee under tlie regulations
then in effect for new ajjpointees, and shall not

1^1

t

I,

t

be entitled to any additional rights or privileges
as the result of any previous participation in
this System.

(/?) If the accunudation to be applied to the
purchase of an annuity policy or contract for
a member shall be less than $1,000 the Regents
may, but shall not be obliged to pay to such
member a sum in cash equal to such accumula-
tions, in lieu of an annuity policy or contract.

IV. The contributions by and for a member
shall be subject to the following conditions and
limitations:

(a) All contributions shall be based on the
actual total salary paid to a member for the
respective months during which the contribu-
tions are made, including reduced salary while
on leave of absence or otherwise, except as pro-
vided in paragraph (b) of this Section and Sec-
tions Il(fl) and VIII hereof.

b) Any member of this System while on leave
of absence without salary shall be allowed nor-
mal interest on his accumulation and shall be
granted the privilege of contributing to this
System a sum not to exceed 10% of his normal
salary from this University up to June 30, 1946,
and not to exceed 14% thereafter, during the
period of such leave, no portion of such contri-
butions to be matched by the Regents. I he
provisions of this Section shall not apply to
members on military leave while in the service
of the armed forces for whom sj)ccial provision
was made by action of the Regents on Septem-
ber 12, 1941.

(c) All contributions in behalf of a member
shall cease and no fin tlier deductions from his
salary shall be made when his total accunuda-
tion, under any and all provisions of this System,
reach such an amount that, at 3% interest com-
pounded annually on June 30 of each year, his
estimated accumulation on the date of normal
retirement will be sufficient to purchase for him
an immediate life annuity which will provide

C73

a total retirement allowance of $4000 a year
under the limitation of paragraph (d) of this
Section.

(d) The maximum retirement allowance ob-
tainable under this System shall be limited to
$4000 a year on the date of normal retirement,
this limitation to include any and all benefits
from the following sources:

Pension System— free pension from the
University of California;

Retiring Annuities System— annuity from
current contributions by the member
and the Regents;

Retiring Annuities System— Supplemental
Pension, including supplemental annu-
ity for service during the period July 1,
1919, to June 30, 1923, the prior service
pension, and the differential pension as
provided in Section V hereof;

Carnegie Foundation for the Advancement
of Teaching— retirement allowance;

Carnegie Corporation— supplemental an-
nuity;

State Employees' Retirement System— re-
tirement allowance.
The separate retirement benefits included in
this limitation shall be based upon an imme-
diate life annuity, or the equivalent, for the
member on the date of normal retirement.

(e) If, on the date of normal retirement, the
total accumulation of a member in the Annui-
ties System Current Fund, is in excess of the
estimated amount necessary to provide the
maximum retirement allowance of I4000 per
annum from all sources as specified in para-
graph (c) of this Section, one-half of such excess
shall be paid to the member and one-half shall
revert to the Regents. If, on the date of vol-
untary retirement or resignation of a member,
his accumulation is in excess of the estimated
amount necessary to pnovide the maximum re-
tirement allowance under paragraph (c) of this
Section, one-half of such excess shall be paid to

[8]

1

the member and one-half shall revert to the
Regents. If, on the date of death of a member,
his accumulation is in excess of the estimated
amount necessary to provide the maximum re-
tirement allowance under paragraph (c) of this
Section, one-half of such excess shall be paid to
the estate or heirs of the member and one-half
shall revert to the Regents.

(/) Notwithstanding the provisions of Para-
graph (c) of Subsection IV of Section 2 of this
chapter, and of any other provisions of the By-
Laws and Standing Orders of The Regents of
the University of California, The Regents of
the University of California shall make such
provision for a retiring allowance for the presi-
dent of the University of California as shall be
appropriate and equitable.

V. Subject to the limitation in Section IV(d)
and (e), the following additional retirement
allowances will be provided by the Regents for
each member entitled thereto, whose member-
ship in this System became effective prior to
Jiine 30, 1946, such allowances to be consoli-
dated and designated as "Supplemental Pen-
sion" and to become available on the date of
normal retirement:

(a) Supplemental annuity for 1919-23— a pen-
sion equal to 5% of the salary received by the
member for service in the University as assistant
professor, associate professor, professor, or com-
parable rank during the period from July 1,
1919, to June 30, 1923, with interest at 4% to
June 30, 1924, with normal interest from July
1, 1924, to June 30, 1946, and with interest there-
after at 3%, comfKjunded annually to the date
of normal retirement, converted at that date
into an immediate life annuity based on the
present "standard" annuity rates;

(b) Prior service pension— a pension equal to
5% of the salary received by the member for all
service rendered to the University or the State
of California, on a basis of half-time or more,
for which the member has no credit under any

I9l

retirement svstem, with interest at 4% com-
}x>unded annually from June 50 at the end of
each fiscal \ear in which the salai^ was re-
ceived to ]iine 50, 1946, and with interest ai 9^%
com}X)unded annually on June 50 of each year
thereafter to the date of normal retirement,
converted at that date into an immediate life
annuitv based on the present "standard" an-
nuity rates;

(r) Differential pension— a pension equal to
25% of the estimated retirement allowance for
the members retired between January 1, 1946.
and July 1, 1947, reduced 1% each vear for the
members attaining noniial retirement age there-
after to 1% for the members attaining normal
retirement age on June 30. 1971, after which
such pensions will not be allowed: the estimated
retirement allowance will be based on the accu-
mulation of each member in the Annuities Sys-
tem Current Fund as of June 30, 1946, with
assumed contributions of 10% based on the
adjusted normal salar\' rate for the year 1945-46
allowing estimated increases of $80 each year
thereafter, projected to the date of normal re-
tirement with interest at 3*^ compounded on
June 30 of each year, converted into an imme-
diate life annuity on that date at the present
"standard" annuitv rates.

(d) The j)ensions provided in this Section are
to be granted solelv as retirement benefits: if
membership in this system is terminated by
death, resignation, or any cause other than nor-
mal or voluntan' retirement any reser\e set up
bv the Regents for the benefit of a person whose
membership is so terminated shall lapse and
revert to the Annuities System ConiingencA
Reserve,

(f) If a member of this system retires prior to
the date of his normal retirement under Section
IX hereof the pensions provided in this Section
shall be reduced 115 for each vear earlier than
the date of normal retirement with allowance
for fracticms of a \ear computed to the nearest
completed month of service.

(f) The jx'nsions prc^\ ided in this Section shall
be included as part of the prospective retire-
ment allowance on the date of normal retire-
ment in thecomputation of disability retirement
allowances as provided in Section V^I hereof.

(g) The present standard" annuitv rates
mentioned in this Section are the rates for the
purchase of immediate life annuities from the
majority of the twenty-five largest life insuiance
companies of the United States based on their
total admitted assets as of January 1, 1946.

(/?) All funds heretofore or hereafter pro\ ided
to finance the obligations created under this
Section shall be consolidated and designated as
the "Supplemental Pension Fund."

(i) None of the benefits provided in this Sec-
lion shall apply to members of the Pension
Svstem.

(i) The words "date of normal retirement"
when used in this Section shall be interpreted
to mean the date established for retirement
imder Section IX (a) hereof.

VI. (This section resened for disability pro-
visions on which action has been deferred.)

VII. Except in such cases as may be specific-
ally authorized b) the Regents, the following
persons shall not become members of this Sys-
tem: lecturers; associates; exchange professors
from other institutions; p>ersons with the title
or rank mentioned in paragraphs (a), (b), and
(c) of Section I herecjf. whose pericxl of employ-
ment is exp>ected to terminate within one year
or less; persons serving the I'niversity cm less
than half-time basis; persons receiving profes-
sorial salaries which are less than one-half of
the ordinarv' minimum salarv on a full-time
basis in their corresprjnding grades or ranks in
the University of California. This Section shall
not apply to a person whose membership is con-
tinued under the provision in Section 1 1 1(f)
hereof.

(a) Except in such cases as may be specifically
authorized by the Regents, service in summer
session, intersession, or extension work shall
not entitle a person to an\ benefits under this
System.

VIII. The compensation received by a pro-
fessor or other appointee of professorial rank
for his service in the capacity of a dean or direc-
tor, or for other nonprofessorial serv^ice, prior
to July 1, 1937, shall not be counted as a part
of his salarv upon which the contributions to
the Annuities System Current Fund shall be
based, except in such cases as mav be. or may
have been, designated by the Regents, but there-
after all members shall participate in this Sys-
tem on the basis of their total salaries unless
otherwise designated by the Regents.

IX. The date of normal retirement ior mem-
bers of this System shall be June 30 following
attainment of age 67, subject to the following
conditions:

(fl) All members shall be retired on the date
of normal retirement except those who were
more than 64 years of age on June 30, 1 946, who
will be retired as follows: on June 30, 1947,
those who are then 69 and 70 years of age; on
June 30, 1948, those who are then 68 and 69
years of age; and on June 30, 1949. those who
are then 67 and 68 years of age; provided how-
ever, that a member who is eligible for retire-
ment benefits from the Carnegie Foundation
for the Ad^'ancement of Teaching shall be sub-
ject to retirement under the provisions of Chap-
ter \1, Title 1, Section \' of these Standing
Orders relating to retirement age under the
Pension System.

(b) Ajiy member shall have the option of
voluntary retirement on any June 30 between
attainment of age 62 and the date of normal
retirement.

(c) Any member who elects voluntary retire-
ment wnder paragraph (^) of this Section shall

be supplied with a life annuity policy or con-
tract as provided in Section 11I(<2) hereof, and
in addition he shall receive any supplemental
pension to which he may be entitled under
Section \^ hereof reduced as pro\ ided in para-
graph (r) of that Section.

(d) The retirement of a member under the
provisions of this Section shall not restrict or
prejudice the right of the Regents to recall the
retired member to active service for a limited
period on any basis of time and salarv' as may
be mutually agreeable when such recall is for
the best interest of the University. If a retired
member is recalled to active service his member-
ship in this System shall not be reinstated.

X. In the case of a professor or other employee
eligible to become a member of this System,
who at the time of eligibility is 55 years of age
or older, the Regents and the employee may
be mutual agreement absolve themselves and
each other from the benefits and responsibilities
of this Svstem.

XI. A member must participate in this Sys-
tem for more than four years before he shall be
entitled to the benefits resulting from the con-
tributions by the Regents in his behalf. In the
event of his resignation, disqualification, or
death before he has participated for more than
four years the accumulation resulting from
the contributions by the Regents and interest
thereon shall be retained by The Regents of
the University of California as its sole property,
and neither the member nor any other pjerson
shall have any rights therein or thereto; the
accumulation resulting from the member's con-
tributions and interest thereon shall be subject
to the following disposition:

(fl) If membership in thk System is termi-
nated h\ any cause other than death or retire-
ment, the member shall receive a cash refund
of the accumulation:

(b) If membership in this System is termi-

r'5]

\

natcd by death the accumulation shall be sub-
ject to payment under the j)io{edure provided
in Section U\(d) hereol.

(r) Participation, for the purposes of this Sys-
tem, is defined as those periods of time collec-
tively during which deductions are made from
the salary of a member and paid into the An-
nuities System CiuTcnt Fund or into the State
Employees' Retirement System.

XII. If uncertainty or ambiguity should exist
or arise as to the application of any provision of
this System to the case of any person, the Presi-
dent of the University shall interpret the pro-
vision concerned, and his interpretation shall
be binding upon all interested parties.

XIII. No benefit or right or interest arising
out of the provisions of this System shall be
deemed to accrue in favor of any person other
than one employed by the Regents, and falling
within the class of employees for whose benefit
this System is by its terms created. Benefits,
rights, and interests arising under the plan in
each case are personal to the member, and non-
assignable, and no one other than the member
personally or his legatees or other successors
authorized expressly hereby to take, upon his
death prior to retirement, shall ever have or
assert any right or claim of any kind or sort
hereimder.

XIW Under the provisions of this System, the
accumulation to the credit of a member in the
Annuities System Current Fund, subject to the
exceptions stated, together with the cost of any
Supplemental Pension to which the member
may be entitled under Section \' hereof, shall be
applied to the purchase of an annuity policy
or contract by the Regents for his benefit at
the time of his resignation, disqualification, or
retirement, in accordance with the following
regulations:

(a) A list of companies issuing life annuitv
policies or contracts shall be established by the

Cm:

Regents, such list to include only those com-
panies whose financial standing and responsi-
bility have been investigated and approved bv
the Regents.

(b) The "basic rate" for the purchase of an
annuity policy or contract for a member shall
be the regular oi published rate for an immedi-
ate life annuity from the company on the ap-
proved list whose annuity benefits are greatest
for each $1,000 of single premium.

(c) The member shall be permitted to apply
the amoimt of premiinii which ordinarily
would be applied to the |)urchase of a [X)licy
under the "basic rate" to the purchase of anv
type of annuity policy or contract in any com-
pany on the approved list, pro\ ided the mem-
ber signs a form of release accepting such jx>licy
or contract in full settlement of any and all
claims against the University in connection
with his rights or benefits under the Pension
and Retiring Annuities Systems, and provided
he retains at least 50% life interest in such pol-
icy or contract. Inasmuch as the primary object
imder this System is to assure a life income for
a member after retirement from active sei"\ice,
the Regents reserve the right to restrict or elim-
inate the provisions for cash surrender or loan
privileges on any policy or contract selected by
a member in accordance with this paragraph.

XV. The pro\ isions of this System may be
modified at any time in the case of any person
or member by mutual agreement between the
Regents and the said person or member.

XVT The Retiring Annuities System hereby
approved and established is designed at once to
meet the needs of those members of the Uni-
\ersity faculty who will render long service to
the Universitv and to come within the ability
of the Regents to finance the plan. It is not ex-
pected that futuie revision will be necessary,
but in the observance of their obligations the
Regents must reserve, and do hereby reserve,
full right and power to revise, modify, or repeal

i:>5]

their action establishing this Retiring Annuities
System.

XVII. These reguhuions governing the oper-
ation of the Retiring Annuities System, as set
forth in Sections I to XVI hereof, shall consti-
tute a revision and amendment of the regula-
tions of said system adopted by the Regents on
September 18, 1924, and made effective July 1,
1924, as revised May 12, 1931, and subsequently
amended. All standing orders, resolutions, and
actions by the Regents in conflict herewith are
hereby rescinded and repealed, except as to
Paragraph (/) of Subsection IV of Section 2
of Chapter VI of these Standing Orders as
amended by the Regents on February 28, 1947,
which is hereby affirmed.

1600 9,'47(A56428)

[If.:

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF INSURANCE
AND RETIREMENT SYSTEMS
317 ADMINISTRATION BUILDING
BERKELEY 4, CALIFORNIA

J^bruary 13, 1947

Professor Ernst U* Kantorowicz
19;5 The Uplands
Berkeley 5, California

Dear Professor Kantoroiiicz:

This letter is to supplement Mr. Benedict's letter to
you dated November 21, 1946 concerning the adjustment required
to properly effect the transfer of your membership from the
State ^S«npioyees' Retirement System to the Retiring Annuities
System.

In accordance i?ith the letter addressed to Mr. Chapman
of the State iinployees' Retirement System, a copy of nhich you
received, I am pleased to enclose State 7/arrant No» H 50584
payable to your order for t544«60. This represents a refund of
all deductions made in error to that account*

All that is necessary no?» to complete the adjustment viith
respect to the Retiring Annuities System is the payment to us of the
sum of $349.79, as given in our letter of November 21, to bring your
acco\int up to date.

I shall be grateful if you would send your check to my
attention, made payable to The Regents of the University of California,
and I shall see that it is properly applied to your account.

I have just noticed that in our letter to you of November 21,
i?e stated that current deduction of 121.83 nould be made from salary
commencing 7?ith your November salary check. This ofv course turned out
to to be in error due to the salary adjustment made effective in October
and paid in December. The "crossover** pay adjustment deduction to the
Retiring Annuities System has already been made and as you know
deductions for November and subsequent month^were made on the increased
salary*

Yours very truly,

R. C Ploss
Assistant Manager

RCP/bn
Enclosure

/q^

ft'^'h

5

1947

THIS SIDE OFCARD Vsi^OR ADDRESsJ

Mr. Ernst H. Kantorov/icz
193 The Uplands
Berkeley 5, California

.' M n

UNIVERSITY OF CALIFORNIA
DEPARTMENT OF INSURANCE AND RETIREMENT SYSTEMS

BERKELEY 4, CALIFORNIA

This will acknowledge receipt of your check for $....3A9.a.7.2 which

has been credited under the Retiring Annuities System to the account of

Ernst Krintorowicz ^ ^ __
for tK(^Hrft§fi«»:

«fe:..7ilA5....t.Q..lQ/3lA.6. on our Receipt No 36.471

This sum will XX. be matched by Regents' contribution.

H. H. Benedict, Manager.

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1/20/44

New London, Connecticut

WANT A REPLY?

'Answer by WESTERN UNION'
or similar phrases may be
included without charge.

E. Kantorowlcz

Are you available for and interested in temporary associate
professorship at |3000 in ancient and medieval history for
duration of military service of our medievalist to begin
second semester here February 14. Can confirm invitation imme-
diately after January 29 when our man receives his army physical
examination which he is almost certain to pass. Wire reply
collect. Letter of information follows*

C, M. Destler, Chairman

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Connecticut College

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> New London, Conn.

Wire 'phoned in l/^t/44

Ernst Kantorowlcz

Are you interested In visiting associate professorship In medieval
ancient history at 300, beginning September, 1944, to continue
until return of our medievalist from the armed forces. Invitation
being confirmed Immediately after his passage of the physical
examination January 29. Can make temporary arrangement for second
semester this year if you can come in September. Wire reply collect

C. M. Destler

Chairman, Department of History anc

Government

m

I

CONNECTICUT COLLEGE

NEW LONDON, CONNECTICUT

DEPARTMENT OF HISTORY AND GOVERNMENT

January 20, 1944

Professor Ernst Kantorowicz
c/o Department of History
University of California
Berkeley, California

Dear Professor Kantorowicz:

A few hours ago, v/ith the approval of the department and the
president of the College, 1 telegraphed ycu to inquire a3 to your availability
and interest in a visiting Associate Professorship in Ancient and Medieval
History, at a salary of $5,000, service to begin here on February 14, 1944,
at the opening of the second semester. As indicated in this telegram, our
Dr. Cranz has been called up for military service and undergoes his final
physical examination on January 29. There is every possibility that he v;ill
pass this examination, since he possesses a thoroughly robust physique.

V^e have been canvassing the field for a suitable person to fill
Mr. Cranz' s position while he is on leave of absence vath the armed services.
This morning I received from Professor Louis Gottschalk of the University
of Chicago a letter to him from Professor M. L. ^L Laistner of Cornell Uni-
versity, which mentioned that ycu were available. I know -Professor ^ottschalk
rather well and Mr. Laistner moderately well, and on the basis of their
recommendations have been able to secure the approval of the department and
the administration here to a conditional invitation to ycu to join cur staff
here.

A fev; words relative to the position open in the college would be
in order at this time. I should say at once that Dr. Cranz, who is leaving
us, has held the rank of instructor at a salary considerably lower than that
offered ycu. Mr. Cranz is a thoroughly competent young man and we do not wish
to jeopardize his chances of promotion here by the temporary appointment
while he is absent. Your appointment here, if ycu decide to come, would
terminate at the end of the current semester if he should return v^hile college
is in session, although if this occurred in the middle of the year, we might
be able to aiake some arrangement if you found it difficult to secure a place
at that time. We have a second instructor away on leave of absence in our
department, whose place has been filled temporarily on this basis. Ycu will
understajid, I am sure, our desire in not wishing to deny these ycung men the
opportunity to return and re-establinh themselves after the war. On the
other hand, if for any reason Mr. Cranz should not return, the possibility
of a more permanent arrangement in the Medieval and Ancient fields v/ould open
up.

I

Professor Ernst Kantorowicz

- 2 -

Janu3.ry 20, 1944

J.1r. Cranz has taught three sections of a beginning course in
Modem and Contemporary European History together with advanced courses
in Medieval and Ancient History that alternate in successive years. This
year he is teaching Ancient History; next year, Medieval History v;ould
follov; in due course. We had already discussed the possibility of intro-
ducing in the near future a semester course in Medieval French History in
v/hich the French Depp.rtment has expressed a keen interest. If ycu should
decide to come, it might be possible to arrange for such a course for next
year.

Connecticut College is a good undergraduate college for women,
a private school with no connection with the state government. It is
moderately veil endov^ed, has enjoyed a financial surplus for a decade,
has an excellent and attractive campus, and a fine library building that
houses som^M^vIr 100,000 volumes — our library budget is in the neighbor-
hood of $10,000 a year. We ?re situated in New London in the eastern
part of Connecticut about 60 minutes Ca.pt by train from Nevj ^aven; v;e lie
between Yale University and Harvrrd University, with v;hose libraries we have
easy access by train. The facilities for research in our own library are,
of cc\jrse, limited, but we do possess English Rolls Series and some other
materials. For you information, I am sending under sejx^rate cover copies
of our most recent catalogue and the last President's Report, as well* as
a descriptive bulletin.

You may, if you vn.sh, ask Professor Gottschalk of the University
of Chicago.' about us, or Professor Laistner at Cornell. V/e cannot hope to
offer the numerous advantages that you find at Bericeley but you v/ill find us
interested in research and vrriting, and thoroughly cordial to fellow scholars.
I hope that ycu are available and that you will decide to come. I shall
telegraph you at once as soon as I am informed that Mr. tJranz has passed his
physical examination for the army.

If ycu have any questions to ask about the college or the position
in question, I slriall do my best to ansv/er them. I read your biography of
Frederick II v/hen it appeared several years ago and I should consider it a
most happf>' event for the college if you should join our staff in History.

Sincerely yours.

ZW/m

C, M. Destler
t^hairman

CO. President Schaffter

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MA 22 NL=NE\7L0ND0M CONN ?.f>

PROF EARNEST KANTOROV'j CZ, CARE DEPT OF !IiaJpRY=

UNIVERSITY OF CALIF DERKELY CALIF= ^o ^

Uft

RE YOU INTERESTED IN VISITING ASSOCIATE PROHESSORSHI := li!
wlEDlVAL ANCIENT HISTORY AT 300 BEGINNING SEPT M^'.-h TO
CONTINUE UNTIL RETURN OF OUR MEDIVALIST FROM THE ARMED
FORCES STOP INVITATION 3E CONFlj^MED IMi'.l ED I ATELY ",FTER HI J
PASSAGE OF PHYSICAL EXAMINATION JAN 2?TH STOP CAN MAKE
TEMPORARY ARRANGEMENT FOR SECOND SEMESTER THIS YEAR IF YOU
CAN COME IN SEPT VJIRE REPLY COLLECT^

■'C M DESTLER CHA I \\\ HISTORY AND GOVT CONN
NEWLONDON CONN.

Thank you very much for letter and second
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very much appreciated. Zxtcxaxl I shall ks gladly

„__ xk±sx^ accept it axx if

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1/31/44 - » Phoned in - 8:45

WANT A REPLY?

'Answer by WESTERN UNION"
or similar phrases may be
included without charge.

E. Kantorowicz

Confirm invitation September 19, 1944, visiting associate
professorship at |3000 subject conditions stated letter
January 20. Your telegram January 29 received. Hope for
definite basis at once if you accept. Must also subijit
department course offerings for next year's catalogue in
near future and desire your reaction to suggested program
in my letter.

C. ^. i>»estler
Connecticut College
New London, Connecticut

*r-^

1

CONNECTICUT COLLEGE

NEW LONDON, CONNECTICUT

DEPARTMENT OF HISTORY AND GOVERNMENT

February 7, 1344

Professor Ex'nst Kcntorowicz
C/o Department of History
University of California
Berkeley, California

Dear Mr. Kantcrovdcz:

Ever since receiving your telegram of January 29 indicating
that there is a str:ng possibility that you could be with us next
year provided ycu could combine an appointment here v/ith an unspecified
pending obligation, I h?ve wanted to write to say hov/ pleased we are
at the prcppect that you might be with us in September. After tele-
graphing ycu an acknowledgement, I set to work to find someone for the
second semester this year and have succeeded in getting a young man
from the University of Chicago ^ with the aid cf Professor Louis Gottschalk.
This man, ?'r. Walter Porges, has rgreed to come vdth the understanding
thr^t if yon should find it impossible to be with us in September, he
v/ill stay en. He does not have the doctcrcte r>nd should normally go back
to finish his graduate study.

Can we be cf any assistance in helping ycu adjust an appointment
here to this "other pending obligation"? If ycu will v.Tite me a little
about it v/e shrll be glad to do what we can at this end. If it is a
series of lectures elsev;here or if it involves secretrrial aid for some
manuccript which ycu v/ish to get off to the .)ress, I am cure something

could be done in the matter,
to frcilitrte an arrangement.

Whatever it is« we shall do what v;e can

I have talked with the Chairman cf the Catalogue Committee and
have an arrangement by which we can get in the catalogue material
affecting you a little late. However, the catalogue must go to press
within a reasonable lergth cf time and i would like to exchange views
with ycu in regard to the course offerings if you find you can be with
us. I did not intend to offer the course in Medieval French Kistorj^ as
the only possibility in addition to the general Medieval ^istor^' course.
There are many of us here who are interested in the history of ideas;
a study of medieval thought focussed on the so-called Renaissance of the
l?.th century and carrying it dcT.ii through the age of ^t. Louis and
Frederick II might have possibilities. As an undergraduate college, we
have net been able to do all we have vdshed with the medieval field and
your coding might enable us to expand a little here. l*he ■'^'rench department
is interested in the ccurse in Medieval i^'raich History and 7:ould give its

Professor Kantorcv/icz

- 2 «

February 7, 1944

suprjort, but ycu need net feel that this ic t'':e only possibility.

You Y/cjld be interested to 'cnovv- thr.t our Mr. Crcnz v/a;: delighted
when I told him there ?:as a possibility you miv;ht be here v.hile he is
away. In a burst of almost youthful enthusiasm he s: id to me "Hew grand
it would be if Mr. Kantorcvvic2 would remain here after I return! I
would certainly enjoy working with hi , ." From this you ^111 understand
scinething of the x^leasure with which we shall - Icome ^ -^^ if you find it
possible tc come. I hope that you will infor;.. rae of ycur decision at
your earlier t converiience .

Sincerely yours.

C. !.:. Destler
Chairman

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AMERICAN PHILOSOPHICAL SOCIETY

Independence Square

PHILADELPHIA 6, PA.

l^c^-

O ^ ^

Professor Ernst Kantorowicz,
University of California,
Berkeley ^, California.

•..TTTfT, rrr*-p,H 'Sr;rn -i^fr^-M^i^igigas''T\'rf -r"-'! ijifiaK'-tMiTi'fi'aria

AMERICAN PHILOSOPHICAL SOCIETY

held at Philadelphia
for Promoting Useful Knowledge

104 South Fifth Street
Philadelphia 6, Pa.

Au^,ust 31, 19/^5

Dear Professor Kantorowicz:

In connection v/ith the v7ork of the Coriri.ittee

on Research of the /jiericcin Philosophical Society, it is
desirable to have expert and confidential advice regarding
the inportance of the projects which are presented and the
ccnpetence of the persons who are undertaking the workc
The Gonrxittee would greatly appreciate your advice in con-
nection with the application which is described on the en-
closed sheet. If you will kindly fill ou the blank forn
or, if you prefer, write on the reverse side of the sheet
such infornation as you nay be able to supply, it will be
treated as confidential and will be gratefully received.

Thanking you for your cooperation in this

natter, I an

Professor Ernst Kantorowicz,
University of California,
Berkeley, California.

Sincerely yours.

Executive Officer

AMERIC^I PHILOSOPHICAL S0CI3TY
APPLICATION FOR A GIU^NT FROM TliS RESEARCH FUNDS.

JUNE 22, 1945.

1. NaUC OF APPLICiUTT: The Very Rev. Don Thonas A. Michel s, 0.S.3
Mi'.IL /iDDRESS: St.P ul's Priory, Kcyport, New Jersey.

PLACE ixND DATi: OF BIRTH: Krefcld, the Rhinel-.ncl;

October 28, 1892.
EDUCATION AND DEGREES: Preparr.tory: the Gyr.inasiun, Krefeld

College: Intern-^ tionr.1 Pontifical
College, St. /mselrio, Rone.
Universities: I^uenster- V/estphr.lir.,
Bonn, BreslQU. Degrees: Ph.D. -Bonn,
1925; Ph.D.- Vienna, 1933.
PRESSITT POSITION: Prior of St. Paul's Priory and Rector

Studiorun of the "Institute of Liturgicr.l
end lionastic Studies" r.t the Priory.

2. PROBLE!^ OF INVESTIGATION: The n-.tericl is nore then hr.lf

cissenblc;. ; conpletion will require several
nonths of intensive research in a
university, plus the final writing.

The problen of investigation concerns a nystery cult of
Osiris in the Firnicus Maternus d£ crrore prof, relifi; a
prcbleii already known and discussed in journals of ancient
studies, but the final identity of which is only now to be
established in the present investigation.

3. TOT.'X ;J.'IOUITT DESIRED: •'l^SOO.?

a.

/.

budg"j:t :

Tr

ana

avel noney to Princeton fron Keyport each week
_.__d return -96.00. Roon and board at Princeton
for several days each week; 8 nos; ^516.00.
Any library, etc. fees which iiay be necessary
in order to use the facilities of the University.?
assist:. ncc, typing, etc. ■25.00

Itenized budget anounts to 0637.?

b. FAniENT TO BE I/L'lDE TO: Thonas -'^ Michels, O.S.B.

c. SCHEDULE OF PAYIISNTS DESIRED: The sun to be divided
into equal instalnents payable at six-week or twO-
nonth intervals.

a. PROCEDURE TO BE FOLLOV/SD: /in intensive study of all the
relevant classical literature and docunents, and of all
relevant publications, at the Institute for Higher
Studies at Princeton University, since the library at the
Priory is inadequate.

b. EXPECTED DUR..TION OF INVESTIGATION: Eight nonths

(Michels ■ ) -2-

c. PROPOSED LffiTHOD iiND lliJ/J^JS OF PUBLICATION: The study
on coriplction will be published in the pcriodic^.l
Trr.ditio,

5. INSTITUTI0N;J. C0NT.^I3UTI0..S: None

6, " PREVIOUS GIL'.NTS: None.

8.

7. REFERENCES:

Don /jiscln Stritnattcr, A.M. St.Anscln»s Prioiy,
S. Dr.kota Avenue & l/,th Str^^et, Washington, D.G.

Prof. Ernst K-.ntorowicz,Univ. of Calif. Berkley, Cr.lif,
Prof. Rudolph ;.rbes:xr.nn, Fordhrx; University.

P/J'ERS PUBLISHED, ETC.

The applicant has published no previous papers on this
subject, but in the present paper v/ill solve the problen
raised by

1. A. Dieterioh, Eine Mithrasliturgie (3c) (1925) ed. Ed.
0. V/einrich. p. 174.

2. About the Synbole treatnent of L. von der Leeuv, the
SYi."30Li. in Firnicus Matcrnus: Egyptian Religipn 1 (193B)
61-72.

3. The Proof by L. von der L:euv, The Second Synbolun -
see F. J. Dolgcr, Sol Salutis, Munster i Westf. 1925,
372. f.

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DIRECTORS

American Antliropologicul A^soiiat'ion

WILLIAM D. STRONG, COLUMBIA UNIVERSITY

A. IRVING HALLOWELL, NORTHWESTERN UNIVERSITY

WENDELL C. BENNETT. Yale UNIVERSITY

Liiiericaii

£con

onitc

association

EDWIN G. NOURSE, BROOKINGS INSTITUTION
SIMEON E. LELAND. UNIVERSITY OF CHICAGO
JOSEPH J. 8PENGLER. DUKE UNIVERSITY

American rlistorical Association

SHEPARD B. CLOUGH, COLUMBIA UNIVERSITY

MERLE CURTI, UNIVERSITY OF WISCONSIN

ROY F. NICHOLS. UNIVERSITY OF PENNSYLVANIA

American Political Science Association

F. W. COKER, YALE UNIVERSITY

CHARLES E. MERRIAM. UNIVERSITY OF CHICAGO

CHARLES S. HYNEMAN. LOUISIANA STATE UNIVERSITY

Statf

Donald Young, executive director

paul webbink

Elbridge Sibley

Eleanor C. isbell

Carolyn E. Allen, controller

WASHINGTON OFPICE

726 Jackson Place, N. W.
Washington 6, D. C.

January 17, 19^6.

ounci

a

DIRECTORS

iiiieruu

II Psycliological Association

WALTER S. hunter. BROWN UNIVERSITY
HAROLD E. JONES. UNIVERSITY OF CALIFORNIA
ROBERT R. sears. STATE UNIVERSITY OF lOWA

American Sociological Society

LEONARD S. COTTRELL. JR.. CORNELL UNIVERSITY
E. W. BURGESS, UNIVERSITY OF CHICAGO
KIMBALL YOUNG. QUEENS COLLEGE

imerica

n Statistical Association

FREDERICK F. STEPHAN. CORNELL UNIVERSITY
WILLARD L. THORP. NEW YORK CITY
HAROLD HOTELLING. COLUMBIA UNIVERSITY

Dircctors-at-Earge

CHESTER I. BARNARD. NEW JERSEY BELL TELEPHONE CO,

SHELBY M. HARRISON. RUSSELL SAGE FOUNDATION

WESLEY C. MITCHELL. COLUMBIA UNIVERSITY

FREDERICK OSBORN. New YORK CiTY

A. T. POFFENBERGER. COLUMBIA UNIVERSITY

RALPH W. TYLER. UNIVFRSITY OF CHICAGO

EDWIN B. WILSON. HARVARD UNIVERSITY

Professor E. H. Kantorowicz
Department of History
University of California
Berkeley, California

Dear Professor Kantorowicz:

Captain George Lee Haskins has requested a Demobilization Award for the
program set forth in the enclosed copy of his application. These awards
are offered to a limited number of social scientists who have been in the
armed forces or other war service, to assist them in making the transition
back to their normal careers as research workers.

Will you be good enough to give me your very cemdid opinion of this
applicant's ability and his promise of becoming an outstandingly suoceasful
research worker in his chosen field? We shall also appreciate your comments
on the proposed program, both as to its intrinsic merit and as to its
relation to the stated purpose of the awards*

Will you please return the enclosed application with your reply?

Sincerely yours,

Elbridge Sibley

P.S.

Captain Haskins is very anxious to get a prompt decision on his appli-
cation so I should be doubly grateful if I could have your reply at your ^
earliest convenience.

Bnolosure: Copy of Application

(Application forms for Field Pellowshipa or Research Training Pellowships
are being used in connection with the Demobilization Award program. Certain
restrictions indicated on these blanks are waived.)

POST-DOCTORAL RESEARCH TRAINING FELLOWSHIP APPLICATION

Six typewritten copies of the application, together with the seven typewritten copies of

the supplementary statements requested in Items 17 and 18 must be filed by
February first with the

Fellowship Secretary

SOCIAL SCIENCE RESEARCH COUNCIL

230 PARK AVENUE
New York City

1. Name .9W^!»J^9?«*.Mf. .HMWn« of birth 13 FatoruAr7 1915

2. Addrcss36l6 Mwark S.tr^^^

*:M^^^'?Jr!^#...?...C. Telephone number Ordway 6263.

3. Married: Yes .*?*No Number of dependent children Two

4. Number and relationship of other dependents *P..pthf|^..4fipffliclttt1ti

5. Place of birth ?***»*.f 4«*f J*»»*9!»^^^^ Citizen of U. S. U.S.Canada t##

6. Highest academic degree . .^^r?* Institution . H^MrT•J^d .lJaiy«r»l.tiy Date .19^2

(The fcllowshipf are not open to candidates for the Ph.D. unless this degree will be received before February 15.)

Major field of graduate study .^.^.4•.•^.9?«■^^^:tipnfaJM^«

7. Present position . . . 9^?}f^f . .P.-?.*4?^> . . .•••i'.«a«4 . .?!•?: .P«I»r1»«nt. Ge^firiul. .a*«rf

Institution Annual salary $ AlQQ..Caet..art«r taxes]

8. Title of doctoral dissertation^^ .??.«.^'*^..^.^.*««r^^^^^

9. Concise descriptive title of proposed program of study .Ei^aarch .and- itudjr- in ih«-
^ifld.of.AMrioi^

>•••••

the oolonial par jLod «.

10. Principal place or places of proposed study ..C.olUAbla..IliilTarait7.,.. Jaw. Xork City f

*^fTw:4J!?4T«»itiyj C^

11. What foreign languages do you read with facility? f^w^pl^ii lfl^tla#..01d..franoh...(La») •

12. If you plan to do field work in other than English-speaking countries, indicate what lan-
guages you speak adequately for technical interviewing in connection with your program of
study ...fi^...*^.^...?^...'f^...*?'!^..^.*^..?^

I f

I I

I I

POST-DOCTORAL RESEARCH TRAINING FELLOWSHIP APPLICATION

Six typewritten copies of the application, together with the seven typewritten copies of

the supplementary statements requested in Items 17 and 18 must be filed by
February first with the

Fellowship Secretary

SOCIAL SCIENCE RESEARCH COUNCIL

230 PARK AVENUE
New York City

L Name .9W^.v.ff???8«Jf«* Haski^^^ of birth 13 February I915

2. Address36l6 Mewark St^

^.^«.^^%^?..?:f^;...Af..C. Telephone number ..Ord»ay 6263

3. Married: Yes ..*?.^. No Number of dependent children ...TWQ

4. Number and relationship of other dependents ^.P P^*? .4«P!l*Wfiatll

5. Place of birth 9.*"».^^.^.^.^.«f..^»a8^^^^ Citizen of U. S. U.S.Canada #♦#

6. Highest academic degree J-^'^.v Institution ..^«^aJ^.Maiye^^^ Date .1942

(The fellowships are not open to candidates for the Ph.D. unless this degree will be received before February 15.)

Major field of graduate study .*^^.^.^.?^..99^»^^utioitt^l.M

7. Present position . . . .^.*?^^^.» . .?•?.• ^!^.» . . ••»igned War Department Genera. S Uf f

Institution Annual salary $ >U.O.O..(.nfet..after taxes]

8. Title of doctoral dissertation ^^.^^.^^.^^^^..^.^.ss^T.^^^^^^

9. Concise descriptive title of proposed program of study Eaaearch.and study^ in the-
.f i •id. of.. American ^^^^^

.^^•. . .9.9.4-.9.^al . period ,

10. Principal place or places of proposed study...C.Qlu*bta..Uiilyar.ait7.,. Hew. Xork City f

^^fy^f:4..yniy!M'iityj CMteW^

11. What foreign languages do you read with faciHty? ?rench„..fcati»#..01cl .Ifrench. .(La»X-

12. If you plan to do field work in other than English-speaking countries, indicate what lan-
guages you speak adequately for technical interviewing in connection with your program of
study ...??... ^.^..P^*^...'fi?...T.°l^^..f?.^^^

w*

13. When would you prefer to begin this program of work? ... Zmiedl&t«ly upon. deoobillKAtion

How long a period would you prefer to devote to it?..Tw^V.t.Jiaatbas...6.JKl«....19^6| 3

1947| 3 m>%. X^iJ^

14. Are you applying for financial aid elsewhere? BP If so, give name and address

of organization

15. Have you any constitutional disorder or physical disability? ...?P.

16. References: (Give names, positions and addresses of three persons best able to speak of your
qualifications for research)

.^^^^•••?f..4f...^f...!?f^)^f...^?'^T^

l^rofeiisor 2, 11. Kfenioroitca» Otpt.of History^ Univ. of Calif. j, Btrktley,

cia.

;fc*r or«»aor Fr^dor iok ^arlc , i)«p t . of ili« tory ^ !l!»fT*fr4. !^.^y .• % P?»j?«1-<i.6« >

aaiis.' '

17. IMPORTANT: With this application send sonzw clearly legible typewritten copies of a

detailed statement of your program of study (not more than four pages in length) under
the following headings and in the order mentioned.

(a) Objectives.

(b) Methods and procedures.

(c) Availability of materials.

(d) Leading institutions to be visited and authorities to be consulted.

18. Append also %(t\(i\\ clearly legible typewritten copies of a separate statement of

(a) A chronological record of colleges and universities attended (with dates and degrees) ,

of positions held (with salary), and of independent study, research and foreign
travel to date. Mention also any academic or professional prizes, fellowships and
other honors you have been awarded.

(b) A complete list of the men under whom you have taken graduate courses and with

whom you have been in any way associated in research. The titles of the courses
or some other brief indication of their content and the nature of the research
should be mentioned in each case.

(c) Your publications, with names of publishers of books and complete citations of

articles and monographs. State whether copies of each of these are available for
submission, if requested.

Date

Signature

^^^ <. ^^

V

i7»

a) cmiwstnm

AaarloaA lagiJL hiatorjr hag aavar raaalrad tria aahalara tha
attaatlaa iMah it Mrita. Hmm ia m "Miaiary af AMriaaa Ua«
aorraapondiag ta thm aorka af MaitlaaA «uKi lialdaaarth far iagliali
law, ax^ 011I7 tha aaallaat bagianiAga hara Waa mmAm tavarda rm^
ooaatruoting tte atarx af tha davainyint af mar lav« Orar tha
oouraa af tha laat thirtgr /tara a fav atodlaa and aaaographa hara
appaarad aa tha aalijaat, jrat anah of ahat haa baaa arlttan haa
hmn ganaral or daaarlptiva la charaatar* Faw hara attai^;)tad ta
ralata tha hiatoxy af Aaariaan law ta tha aaoial aad aaanaaia pat-
tarn af aaah pariad| fawar itill hara aoaght ta go bahiad tha law
af tha aarlj par lad ta inquira a boat ita aooraaa in Xngliah aad
Dutah law of tha aixtaaath aad aaraataanth oaaUuriaa* la coaaa-
quaaoa, thara ara aarleaa gapa ia tha aiatoriaa^a iowwladga, aad
aaaag laigrara thara ara aarioua aiscoaoaptioaa abaat tha aatara
af mu: law bafara 1S00« Thaaa aiaooaoaptioaa baooaa sigaiflaaat,
for ainapla, whaa it ia raaallad that tha raaaptiaat atatataa of
aaouad 17S3 ia «aj^ atataa iaaarparatad tha law af tha partioalar
aalaagr lata tha law mi tha atata*

Of tlia thraa haadrad ^aara af mut lagal hiatarjr tha aaloaial
pariad ia aapaaiall/ daaarriag af attaatiaa^ fha faw atadiaa mf
tha law af tha pariad whiah hawa appaarad baar aapla witaaaa to
tha appartaaitiaa whiah thara ara for thooghtfal raaaarah and
writiag ia a aaaparatiTal/ uaaiq^arad fiald. Tha taak af raooa-
atroatiag tha aarlgr hiatarjr of o»r law ia aat, howarar, a ai^pla
mtm. iaaaaia tha baakgraaad af aaah ooloagr waa diffaraat, and ba-
aauaa thair daTalopnaat ia aoat aaaaa followad alaag diffaraat
liaaa, thair lagal a/atau diffarad eoaaidarfebl/. Thoaaa Jaffaraoa,
for axaapla, ooald apaak of tha law of Maaaaehaaatta aa "foraiga^
along with tha law of tha Barbadoaa« Baalaally, ta tha axtMt
that Jfiagliah law waa ooanea to than all, tha ft^liah oolaniaa had
naah law ia oaanoai hawarar, it ia aaaaatial that tha aaparata
daralopnaat of tha lagal ajratana ba atadiad bafara aaaarata gan«
araliiatiaaa aaa ba nada«

\

Ta that and, a graat daal af natarial anat ba aiftad Aran
aaart raaarda, f^ran widalgr aaattarad loaal archiTaa, aad fran tha
pflntad oallaotioaa of atata hiatorioal aoaiatiaa. On tha baaia
af thaaa raaorda, aad af tha raaorda of aaaaa haard and daaidad
ia tha oourta, it will ba poaaibla to daaariba tha indiYidoal
lafal ajatana af tha aalaaiaa with aana aaruraaaa. Bm piatara
will aat, hawawar, ba aanplata, wittant aarafal aanaidaraUcn of
oantai^arar/ lagUah, and to aana axtant, Mtah Im. thara ia

atbhim

-2-

Mtttid«ral)l« •TldwMM to Uk% •££•%% that attoh of tho law of tho
eoloaloo ms borrovod or roooivod ita laapiratioA trwrn iBgliah
ooflMA law aad looal eoatowii aortalA praotiaoa la ?l/aoath
ooloAjr oToa rofloot olosoata of tho law of noatiwporary Hollaad .
With a Tiow, thoroforo, to dotondnlag how auoh tho ooloniata
browglit with thoa aad how HUih thojr doYiaod to ooot now aitaa-
tioaa it will bo ii^ortant to oaaaiao eloaol/ at loaat tho tog*
liah law aad praotiao of tho Ibth aad 17th ooatarioa*

2« Proaoat OhjootiToa

Tho forogoiag atatoaoato aooaod aoooaaary ia ordor to aot
tho haakgroaad for tho partioular work I aa aaxioua to do« ^r
purpoao ia appl/iag for a graat froa tho S^ocial Soioaoo Roaoaroh
Couaoil ia to piok up tho throado of agr profoaaional atndioa whoro
I waa forood to loawo thoa whoa I ontorod tho Aragr ia 1942, Moro
apooif icall/ that porpoao ia to ooatinuo ay work in Aaorioan logal
hiatory of tho ooloaial porioA« Z propoao^ in ordor aot to aproad
too widol/t to conooatrato partioolarljr upoa tho law of tho iow
ib^g\mmd ooloaioa aatl low Xork^ aiaoo m^r proTioaa work haa boon
ohiofl/ ooaoomod with thoao aroaa* At tho aaao tiao I waat to
do a o<»aidorablo aaonat of gonoral roadiag whioh ia rolorant /ot
aot oxoluaiYol/ portiaont to thoao aroaa.

Wf oonoroto obJootiToa aro foar ia — abir, (1) I waat an op-
portunitgr to rowiow tho hiatory of tho Aaorioaa ooloaioa aa. a
whalOf with parUcttlar oaphaaia apoa tho low toglaad and lliddlo
Atlaatio ooloaioa^ Iqr goaoral roading in tho oatiro fiold. (2) I
waat to atadj tho logal aad hiatorioal litorataro slating to tho
ooloaioa whioh haa appoarod in print owor tho ooarao of tho laat
foar joara aad whioh I hawo not boon ablo to koop up with« (3) I
aa aaxioaa to atadj ia dotail tho proeodaro aad oaaoa of tho looal
aad oontral lagliah ooarta df tho 16th aad 17th ooatarioo, ainco
1^ proTioaa atadioo hawo oaphaaisod hew aaoh tho ooloaiata draw
upoa thia roaorwalr ia doroloping thoir oaa law« It ia oalj Igr
atad/iag with ooaaidorablo oaaotaoaa tho dotaila of ttgliah pro*
oodarot to aay aothiag of lagliah aabataatiwo law, that it will
bo pooaiUo adoqaatol/ to aaaoaa tho ooatoat of ooloaial law.
(4) fiaall/, in what tiat at/ roaain, I aa aaxioaa to work on tho
arigina aad dowolopaoat of tho tfaaaaohuaotta law of ooatract aad
of poraoaal proportgr. I ka^o alroady aaaaablod aoao aatorial on
tho aubjoot, aad thoro ia a groat doal aoro aatorial availablo ia
ioaton in aanuaoript aad printod sourooa,

(b) KEiHOfii ua> rtMomm

tho aiiaanil 1 ihaant of tho firat two objootiwoa oatliaod ia
tho prorioaa paragraph will aoooaaiUto aoooaa to a largo libraxj.
It will bo aoooaaarx to oonault not onlgr ataadard tozta, troaUaoa
aad aaax opooial atadioo, bat alao logal and hiatorioal poriodioali
aad tho tranaaotioaa of looal hiatorioal aooioUoa* I hava thoro-

•3 -

thAt I «D\ad

iB

I9b6«

•ta^r in tiM Librugr of
S^etloQ lA Adrittiion to thm
to dKW9%m a total of aiz

I Aomltf also pOLan to

•f rvadlas
^ aliieh haa an asBoallant
ooIlaetioDa* I ahoidd
wntha to fnaral aad spaoial
dAUaa iB tte

4in*la tlM ta

of 19i»7 and

l^liTat

thijxl obJaoU^ until Uia iiawilfa of 19k7 and 19b8. I m
to apand aa^faral aaaka at tho Lav liaboal of Col laiii ■
in ordar to voik alth Pnfaaaor ^aUaa QoobA^ abo
ia Ml aaislflniUii aHllHMrllgr an tba klataqr af iMflaan lavy
aapaelalljr in tha adianlal period* I ai anxiaH to attidbr with
him tba piaaailiii'i and pmotiaa af looal liiifflah uaaila af tha
9mi aavaotaaaili aanturiaa* Qiaiiailion of colonial
nAWi thaaa af eontaaponoy BaitUmAp aa w^
bmw% itep«x, ladiaatao that Aiiaricjiin law in tha
ItwUi aaatmy aaa not frontiar laiaroriaation but vm to a

tha nananl aaa adoption and i^i^aliiiii of tba
of tte ahin and aaMrial aoorte af tte ft^fMod aldch
kzMr* Stadtr ot tte ft^^liab praaadura ia aaawtiil
ta a tteVDui^ virtanteBdBLaf of tte odLantal ^ataaa of tte ad-
idLBiatxation af >vtiaa«

I
of 1917

tiaa ia

ftan to apand
and 19MI (dapwirting on liiidh
for iwork at Odliaiiiia) ia

Taar and how

9 in ordar ta

O] *

I antiaipata that ta a^te aiiMtMit5.il

of 1^ four ohjaatiipaa aoald raquiro

th

(a) ATAXLAUUTI V

of

AM

of OM^raaa« itiara Z ^itipm ta do tha
, umm mmm laiva coUaatlaaa of taztOf

apaaial atndLaa with #ilali I prapoaa to aotli* Fbr
itii^ U tte aiiiBiin of 19li7 and 19li8^ I plan ta Ma
tha astanaiipa coUaatiaBa at Maiawd ralating ta MaaadboBatta
^1 ^"^^ ill hiatotTf aBd thoaa at PiiliBiili ralating to lav lofk
trl^*^^^ hiatosy* Tte Lav Sateol Uteariaa of both thoaa iaatitu-
tiaaa hava a larfa miliar of tedte partaiaiBf to ta^iah praetiaa
of tte X1%L Md Ulk awturiaai it aoold te Ij^iartant to ham
aaaaaa to tteaa teate for tte aoogBpllat— it of tte third apacifia
abJaaU¥i oBtliaad aa tte

•4-

Ia •ddition, and parti cul&rl^' iiqportant for furHk^ring agr fourth
obj#ctiy«| iTm the BanuBcript MLt^riai and othar ooUactions in the
Maasaohuaatts Historioal Society. Finally, thara ara the court raaoc^aa
of tha county eourta of Middlaaax, Xaaax, lorfolk and Suffolk; the rm--
fcrda of Suffolk ara pt^rticularl^ useful, 9J0d ara vail indexed and con*
veniantly filed for reference anc study.

(d) mSTITlTTIOlS TO M VISITii^

Library of Congraaa, Harvard University, Columbia Lav School.

itUThJiaTlis;^ TO Ba COlSULTiSD

Professor Juliua Goabel, Coliunbia Lav School
Professor S. £. Morison, Harvard University
Professor Roaeoe Poud, harv&ra Lav S^iool
Profeaaor 2.echariah Chafee, ^rvf^rd Lav School
Professor Austin M, Soott, ii&rvard Lav School

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REPORT ON _ Si ACTIVITIES
(Christmas 1949 to ChriBtmas 1950)

Being happily In full agreement with Regent John i'ranols l^eylan,
who at the October Meeting of ^he Board of Regents stated that
I had brought "no lus tre** to the University of Calif orriia, I here-
with subnalt :n^ annual report on activities*

A> Papers read at Meetin^e:

December 29, 1949: Speaker at the Joint Luncheon of the American
Historical AHSoclationt Pacific Coast Branch, and ^he American
Philosophical /^saoci^^Mout Pacific Division, at : ills College,
Oakland. S\ibject of paper: **Pro patria mori in Ijlediaeval Polit-
ical Theory •*•

Apr 1 27 to 29, 1950: The D)ambarton Oaks Hesearch Lilrary and
Colleotlon, Harvard University, wfashlngton, D.C., Symposium on
"The Bysantlne iumperor and his Palace," under the direction of
Mr. t-xidjci Grabiar, Profescor in the College de France and Professor
of L^zantine Art and Archeology at Dumbarton Oaks, H-»rvard Univ-
ersity. At that international eetlng papers were offered by
Professors undrew Alfbldl (Bern, for-aerl Budapes*:), Pranois
Dvornik (Harvard arid Dumoarton Oaks), Andr^ Grabar (Paris and
Dumbarton Oaks), Hans P. L*Orange (Oslo), ar^d Paul A. Underwood
(Harvard and Dumbarton Oaks). I delivered the following two
papers: (1) "sraTHKONOS: God md King as Throne-sharer: ," and
(2) "Epiphany and l-jyzantlne C6ronatlon."

October 31 to November 1, 1950: American Council of juearned
Societies: Conference on Uniformities in History. A group of
some thirty scholars aeetlng (at Princeton, I^««}«> with i^rofessor
Arnold J. Toynbee /un<ff the direction of Professor A.L. Kroetier.
Hlaeographed paper submit t«dt ** ^Feudalism* la the Byzantine
Enpire."*

« 2 -

B. Pub Ilea tion»i

miring the past year two studies have gone to th« prtsu:

(1) "Pro patria rnorl in ?;iedlaeval Political Theory,** ""o b«
published Ly the American Hletorical ASEOciatlon}

(2) "The £;mperor frederiok II a/id the Hellerxls^ic COiicepts of
Rulershlp/' to oe published in a volume of m^l^-.i^^ee dedicated
to Professor Karl Keinhardt (University of ^"rankfurt, aerroany),

(3) A study on "Dante's • Two Suns'," teln^ ^y cont-ributlon to
Semitic and Oriental studies dedicated to lyilllam Popper , Un 1 v-
ersitj^ of California Press, will come out in Siring 1951.

(4) A contribution to a volume "In uiemory ox Couiit Albrecht
Bernstorff ,"* a friend murdered b^ the I^azis in the D-^ohau con-
centration camp, In 1945 i ha gone to the press.

(5) A pamphlet entitled "The Fundamental Issue: Documents and
Marginal Notes on the University of California Loyalty Oath,"
has been published in October, 1950.

(6) I have finished a book on "The King's Two Lodiei>: A Study in
Mediaeval Political Theology." ^Iie^her, ac planned orig:inally,

I shall be able to publish this volume aqcsJtH in the University of
California Publications In Hl^iitory, remains to be tieen,

(7) A book review (Olschkl, The U^f th of jg^elt, U.G. Press) is due to
come out In the next copy of Romance philology, vol. IV, 1951.

• 5 -

Q. Tnvlta^ion£>>

(1) On toy 31, 1950, I reoeived an invitation to Join the
research staff of Dmnbarton OaKS, Huinrard Universit:^ , »i^a.viiin^ton,
B.C., as vltiiting profe^^ior for the Spriii^;- -?mes^er, 1951, with
no other obligation than to offer one public lecture during the
semester. After having asked throiigh my department chairman,
Proi'eB3or John i), Hioics, for leave of cih-^ence without pay, I have
aaoepted this very tempting nd honorable invito ^ion, /^ooordin^ly
I an listed in the CJeneral Catalogue for 1950-51 as being "In
residence fall semester only,"

(2) On November 15, 1950, I received an invitation to join the
i/epartment of nistory at the University of chiCc;iKO during the
Suaaer Quarter of 1951. wSince I ahall need the su or vacation
for iiakin^ my Dumbarton Oaks papers ready for the press, I was
not able to accept that invitation.

(3) On December 29, 1950, I have been offered ky Pre: Ident
J. Kobert Oppe .heliaer a permanent professorship at the
Institute for Advanced Study, School of Historical btudie^t
at Princeton, N.J.

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THE UNIVERSITY OF CHICAGO

CHICAGO 37 • ILLINOIS
THE DIVISION OF THE BIOLOGICAL SCIENCES

INCLUDING THE SCHOOL OF MEDICINE

Office of the Dean of the Division

Office of the Director of University Clinics

I

Professor Einst H. Kantorovacz
Department of History
University of California
Berkeley h^ California

Dear Professor I^^torov/icz:

July 27 , 1950

Thank you for your kind letter of July twenty-
second to Dr. Jacobson who is in Europe at the present
tine and will not return to thj.s countr:>' until the
latter part of October. I shall hold your letter

for his return.

Ver:^'- sincerely yours.

rail M. Knecht
SecretaH'^

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THE UNIVERSITY OF CHICAGO

CHICAGO 37 • ILLINOIS

THE DIVISION OF THE BIOLOGICAL SCIENCES
INCLUDING THE SCHOOL OP MEDICINE

Office of the Dean of the Division

Office of the Director of University Clinics

August 5> 1950

Professor Ernst H. Kantorowicz
Department of History
University of California
lii21 Euclid Avenue
Berkeley 8, Calif omia

Dear Professor Kantoro-wicz:

I was most pleased to receive your letter
of August second since I too had been puzzled
bv the entire situation. I immediately 'phoned
the office of Dean Thorkild Jacobsen and dis-
covered that it was he with whom you had talked,
I have given the correspondence to Dean Jacobsen* s
secretary, and I am sure you will hear further

from him*

Very sincerely yours.

^ail M. Knecht
Secretary to Dr. Leon Jacob son

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Professc: ^.:.- : : H, . orowicz

I _ . ent of History

University of California
Berkeley 4, California

rofessor

lorcwicz:

m

1 have seen in f: : ers tnat -yroiil pus
£ ::-astic action in f. :-ase of .- n- signers oi your
loyalty oath, 1 am appalled to : et Sproul took the
lead in this. I alv/ays .__ougLt -a-.-. ^ms a reliable

and satisfactory university administrator.

I could no*, i.^— . rroiti the .newspaper report how you
aid be affected by this, I -Trust that you mail not have
Lo rc-lincuish vour l -int- ;-t. 1 fear thtt I nust seem
TB r selfish in writing you so soon after th€ 'ent to
inquire how it will affect 7 - ili:, . participate in
our conference at Princeton. The tii^e for :. - ing arrange-
ments is, however, getting rather short and I must c^k

jmi

orsl*^^ r^ fc^r r- ::iuestinr f '^-flDi

answer .

Ir ^rr-^
see you ::

have Ti ed

C' J..-

". : , i'Ov Der rc,c;c.**i*-L^ , x ai::^t::c .iiim to

eley and 'u to accept. Ee must eiti'-er

Ser-:eley or oe on his way there now.

Yours sincerely.

4^^*Jt"--

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CHICAGO 37 • ILIINOIS
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Jv.ls 22, 1950.

Dean Leon Orris Jacobson

University of Chicago
hicas^o ^7, Illinois

^44

Dear Dean Jacobsoyi:

T ha/e to thank ^ou very mucb Indeed
for the me^sa^e you were kind enough to convey to me
six days ago. T mjiy a'^svre you fliat j find it dlf.'icalt
to tell you how deeply touched I ivaB by the willingness
of the University of Chir^^^,o ^o o.f('er me ^ if need be, a
refuse within its walls. I shall nevej^ forget that it
was your institution wl.ich, iv". a rDOi.er!t- of da.i^er, was
ready to come to my rescue; and with great gratitude I
niiy tell you to what extent your phone cull has backed
up and strengthened my determiriation to further resist-
ance. "Jt -^J^^ €X?ac"^ly the shot T needed to encourage me
to hold out to the last, while other colleagues (and it
be f.-Jir fro-r mc to llau^e tbem) rad to yield to pressure
and d gn.

As I mentioned over the pho .e I had to
postpone my ieci^^lor until July 21, and I am mos ^ grate-
ful to you for sbowinc* so much tinders sanding for the
re^.^5ons prornptjn.^ ^re ^o delay my a-.swer. Yesterday the
Board of xlere. ts'deci ied to reins 'a^e iie, to^e^ er with
58 other iTaoulty :.eiiiDers, and a;?cordiv!i: to the let^^er of
the law I have been reapioin^^-ed for another year. You may
have read that the present solution, AV?ich cannot claim
to be final, was reached by the narrow marking of a 10-9
vote. It was only by ohaace that two 'he^e:;ts of the op-
position £T:oup were absent. .-0 one would feel elated a^
this "victory" or would niaintain that the pre^^ent solution
is satlGfactory , all t]ie less lo sjuce six faculty Members
are to be dismissed and the s^ru^t^^le will be resumed next
month.

fio)ftever, I feel that this is not the
right si02ient for me to resign. I would weaken the s all
group of colleagues '^ho have I een holding out, and fijhting
not only their cause, but also that of all those who were

\

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forced, uiider eoonomic pressure, to act ae^alns^ their
v/ill and their oo/iviction. T believe that at this Junct-
ure I caimot lay down arms, I 5? rail he teaching at Berkeley
only one semester aiiyhovv, because for the Spring semester
I have long nro B.ocepted 5n ir>vitaticr as visiting profes-
sor to LuishartOii Oaks, Ana wha^ th'it next year will bring
is unpredictable.

}?U"^ T wis^? to repea^^- ^ow ^rreatly T
appreciate Chicago *b readiness to t;ty^ me shelter if
need ue, .jnd how ^j^r^'J ex ulirl am to your institution, ard
to ita Ci'iancellor , to have thoi^ht of ne and my present
predicament.

V^ry sincerely yours

f^-vv

V o -^

1^

.antorovvicz

>

lifer 17, 1^

iroiesiisor afalter JonnBon

Departffon^ of :Iis-*:ory
University of Chi'- --o
Chica-o 37, Illinui;.

r Proii3b.;or f/o

1 L y to t. cor^ ^ly Tor your invitisiloii

to joia, IJlg the r I'-s-il, tlM ilis^-or^' Depart-

ffi#nt of tu_ Jniversi . . , . . . v-i. invi ioja, ii

flattering and tftmptii.o> ^^^& ^~ *; Auon a onreoiated, and in
normal tiei#a nothing aould have OBmn mQr% ^elcoae to si« thia^ii
to apend a seaesfcer in the »tifljulating intalleotual climate
or ^our c . . ro i rrox't ;i' MioiMnea as well hb from sy

old friend n ^ssor Riesile ' recently very enthusiasric

ucuuriptions oi* tne iiic in ago academic ooamunity

of which uri \ I J:nc o little.

However 9 ^i
dif
be at i;u rton

made urran|feD»e

has ue^n vila^posea of in a very

£^ t ester 1351 I shall

u^v'^ siting' pr: lessor, a:! I have
o fr< t directly to '.vjco^e

for the swMBcr vmeation. On the other h;?nd, it is not \m^
likely that, dependlni: upon the f ur-f her .. velorr.er>s at the
University of Calif ornis, T shall have to return to Berkeley,
sell m house, "1 tove :ro ' '■ ;1fic ^^"^ "o the i.tla;:tic*
At w^ny^rate, I ^ '1 ha\re to :. -: i^v Iv lo tree during the
next sa-T.er, •^. prerei • - '^ ' ' " ' £, n;j*?!€lf ty

accepting now ent^^^jOAents.

I .-.lii \jki aiix\, -u ':o a' ;'' ^ siailar
r ^iGr Quarter, Oiily I'j^x would be a

i £iuy £iU

invi t-vt ion for ar
ted tiuat. .ur 2:^«

On :\-

v;

c) y, 1 «ay &r ^ for
no'- ii to call on
invitation you have 3C
part of the f^io ^

1 uajL:>, pro at the end of
.. few days In Jhioago and shall
o "*•■ .k y^M - ": T;ore fox 're
Indly transaitfced to me on the

..->

Very sincerely yours

ibrost E. t.

owios

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THE UNIVERSITY OF CHICAGO

CHICAGO 37 • ILLINOIS
COMMITTEE ON SOCIAL THOUGHT

November 21, 1950

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My d#ar Kantorowlcz,

Many thanks for your very kind letter of
November 17» I am eharlng your remflrke about
the Chicago offer with Hutchine, for I know
he will be Intereeted.

I write in haete to say that I want very icuch
to Bee you when you paes through on your way to
Dumbarton Oakp. Could you tell me, therefore,
Juet when you are likely to pay ue a vlelt ae
thie mny affect my own plans somewhat. I hope
to get away for three weeks or so at some time
during the winter, and should not like to be
absent when you come,

A bottle of Rhine vine is awaiting you, but
I fear it is not up to the Steinberger Cabinet
1921 concerning the merits of which you discoursed
so delightfully when we last met.

With kindest regards and eYerj good wish.

Yours most sincerely.

TWm^ u

Mr, ErnPt Kantorowlcz
1^21 Euclid Ave.
Berkeley ^ Cal.

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Los 4ni:ela8 Ti^, Cal*

Professor Robert J^Or^penheimer
President of the Institute

for A(!vaneed Study
I'rlneeton, H#J«

Lear Professor 0][ enheimer:

I CM sure I am not telling you anything new« aiiA
1 hope I hare not to apologise for malcing an unwanted
suggestion, when I aelition to ^ou the f \et that

Professor Smst H. rwantorowie*
at Berkeley, one of the non^signers of the loyalty declar-
ation, is a Ban of the highest ealibre of historical re*
search* His studies are yery adranced indeed.

^he w, I think, holds good of another non-signer:
Professor Leonardo Olsehlci.
Bat he, I aa afraid, has reaehed or will s^on reach, that
stranca >oint in Aeadmic life called the retireaent age*

Tery sincerely yours »

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After Fire Dtys Return to

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OFFICE OF THE DEAN

Ube mniversft? of Cbfcago

CHICAGO 37. ILLINOIS

Zbc Division of tbc !Kumanitic0

1050 East 59th Street

August 7, 3950

Dear Professor Kantorovicz:

Your letter of July 22 has finally reached my desk. It
is a curious accident th?-t the University of Chicago should have
two deans by the name of Jacobsen, and sometimes our correspon-
dence gets mixed up.

May T say first that, while I am generally happy about
the rather qualified victory that was gained in the meeting of
July 21, it is a very real disappointment to me that it cancels
out any immediate hope of having you join this faculty. I do,
however, fully underst?»nd the reasons for your decision to stay
and your feeling that leaving at this time would wealcen the group
whose views you share, and I wish you the best of luck.

If in the coming years you should feel inclined to change
your present oosition, I should of course appreciate it if you
would let me Imow, even though it is obviously not possible to
know now what our future plans and possibilities might be.

With all best wishes,

Yours sincerely,

Thorkild Jacobsen

Professor Ernst H. Kantorovricz
Department of History
University of California
Berkeley U, California

t

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, a« very ^"f » ""'\7.J^;,JJi:;|%rtfth/«on6
°oJ?J^:,1 iu ? tlSve'r, ;ar'.d'^2n 4;fa^eful to you and

KHtJJSS"o;-^''?:ru?j'.Kra^jir,' ^IX pied

had hoped, when taking up our «*x»l8*« tft,>^^lP. fJr
Regents, that we would fight an honest struggle for
the DriAciples involved. Instead we are facing J^ickery

A ?ni ^o^tvi nnd none can tell where and how it all
^""^ ill tI ?; ?Kerefore all the more gratifying to learn

generoS attitude more than I can tell you.

With many thanks for your kindness.

Y.s.

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THE UNIVERSITY OF CHICAGO

CHICAGO 37 . ILLINOIS
DEPARTMENT OF HISTORY

November 1$, 1950

Professor Ernst Kantorowicz
li4 21 Euclid Avenue
Berkeley 8, California

Dear Professor Kantorowicz t

The Department of History would very much like to have you be with
us in the Summer Quarter of 1951. Although the actual dates have
not yet been announced, I believe the Summer (Quarter will start on
June 25 and end on September 1« The actual teaching, however, is
only for the first eight weeks of the quarter and the balance is
left to the students for research and reading.

The fee that we are able to pay for the summer session is $1,500#
I do hope that you will find your way clear to be able to join us.
I can assure you that we would very much like to have you here
next summer. If any of the above details are not satisfactory, I
think that we could solve them by correspondence.

If you are able to accept, we would very much like to have the
titles of the courses you. will offer and a brief description of
each sent to us by December 1 if possible for we are at present pre-
paring the material for the summer catalogue. The customary teaching
load is six hours a week, which is broken dov,Ti into two courses of
three hours each. We would very much like to have you teach the
two courses that you want to offer. These, of course, will be at the
graduate level.

Sincerely,

Walter Johnson

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1421 Euclid Avenue

- rVeley 8, Cal.
uary 3, 1951

tj \.K

liexxx Profesfjor Cpi-

cr:

iro better begin of the otherwise ec ^ tofoundly
d^reBsiii£ I^ew ^ear could be imagined by me than the
receipt of your le^^er of ]D cember 29th. At least in
the purely periiom.1 orbit ^our lines have lit up the
£^looa^ outlook for 1951» cind I knOA hardly how to express
adeg^uately a^ thanks to you and w^ gratitude to the
Faculty ar-^ f-he Board of Trustees of the Institute for
>,dv 3d titudy for inviting ae to Join your diitinipiished
CO a Ity as a Professor in the School of Hi torlcal
Studi. .

/our invitation on tho perfectly idecAl terms you
have outlined fills i^y spirits - at a low after tirxat para-
lysing ''Year of the Oath^ - vith new buoyancy and new hope.
T cannot tell you how impatiently T am lo^^^tng forward to
t^ettiiiij down peacefully in Prince tori. It is as a perspec*--
ive aliaost unl'elievable to zoo that in future no olasswork

t'^K!'*•4if^ ""^^''^""l ^i^ii,^es?^tMt^fiitMFi^^r?i'^?5i5

«l^l^ SftrfhiSfleai Sf{i5TSS*and sail, once more, freely and
like a young adventurer on the ocean of new problems and
subjects* It is as thoui^h a new world has been opened to
■e^ and I aai most grateful to you and the iTaculty for
hcivini; given ne that uniq^ue chance. I do hope that I shall
not disappoint either you or »j future colleagues, and you
nay be sure that I shall gladly invest my energies: not only
to live ^x^ to the expectations but also to fulfil the
duties which life in the academic family nat^r^Hy demaade
of its ineiiiLers.

T believe I do not need to tell you expressis verbis

that wouid nmrmr even think of refusing to aocep-^ the po^it-
ion intended for me and the grea^ honor bestowed upon me. It
is only for some technical reasons - which, no doubt, you
will undoro^and and appreciate - that I shall have to post-
pone ny formal acceptanoe for a few weeks until the court
has decided - probably in ^'ebrut^ry - the very hopeful cause
of our smcHll group of non-sig lera. k^ forin^^l acceptance at
tlie present mordent would imply, sjnce we are asking for
relnR^ateiient, n^ withdrj-^wal from that Important lawsuit;
it would weaken the small fjroup of "Tolcian e^ al.** a id

p«rr i icOi;irdiai«, or Influenot unfavorably, the wholt

causal I :>hall tharafor* nantioa to my ohal nian and to
others 0 a> tht :".ct that I httve received your invitation
but Jinall re rain from ariy conment ae to -^ :r\.er or not
I iiitend to accept it* Tfjat the news of your offer will
be at the amo tlae a hard blow to l^.r. Kuyl .n u id his
group of re,raiit» is yet ano 'aer _, a -j ect of the whole
r-dtter, fcr'wrioh not on)" o^ir little fli^htia^ group will
ee meet gr^'eful, but pr^u^^oly also the academic world at
lur.^c •

I believe that your letter has covered all questions
taa'- Igh** arise at ^Viis tlii^e. Only aboub o :« peripheral
point I would be grateful for an inforrca*^lon, that is aiou^
tne uijjal teras iur a proxedfaor'tt aasia'u.i*:. I aave a vbx^
good student who it; about to fiaiah his Ph.D. Disi.erta Hon
a.id wl- I ttight peraoiTide o "".iAe ov«*r biiS a^.ttit ':a>.ttjr.ip
oefore he accepts a teaching position. Sir.oe I a^ leaving

a.tjrkeloy ^j 5h<ei eud of this aOiiCh, it
rc firruxis^^mnt^ L-eforc m^" departure.

4*%JiA

uo iMx^«i uo 4i^ :« Ae

During tke Spring Semester I shall he in Dumbarton
■ ks. I liitiy, however, atop oa m^ way to t,..3hin^'ton briefly
xii irinueton to thaiiit you personally and to r^ne^ on the ♦■
jooasiOii th'3 v^r/ OcioUil ;aint 3 sm^s « aiade» at za9

hegiuning of the o rth oon^rovorcy , in the } e of our un-
forgettable fri« -1 '^ax aadiji.

/oum vor"*^ "^ ^c-ely

Ernst H. rwii.^-orowlc-

Prof«SBor Robert OppenheifXier
The In. :itute £oi Advanced btudy
i r ince ton, K.J.

h

l42i buolid HVanu«
x>erk«ley 6, <Jalifor la
JanuL-ry 4, 19 ?1

D«ar ?rofe& or Opptnheiraer:

I would li.irdl:/ kro'.; how *c ^ l3qu.A*ely

m^ tjfuinlrs to ^ou and . /* lir:t;£: ; a^itudc to thg

i'^acul*-.; ;d the . rd oi ^ru^^^tees of the .. :itute ior
x^dvaaced ;^tiidy To: nSKlng bm? ♦'o jOiii ^oiir ii:ost dl^ ^ing-
uiahed oonirouni*:^ as a rro/essor in the School of Histor-
ic. 1 :3tudler>. four le^-^er of Dtcemlcr 2^"h h\ cer-^alnly
lit up ^'he oth ryv^'e -Iocrii> outlook fOi 1^31, '^■^' leas*

within the purely- perboial Sfheret <^ ^-'er ^le low of
the ^i^r^lysing "Year of 'he s "i" thib :i..v*. a'-i^ .'ilib
ay spirits again wi ' . ^ew ouo;^- /ad *:1 ee r-y desire
to work -i ijew i;rpa*"-s,

lu fact, I acci loo.clng for^vard ir ie .tly ^-o

K>, *«•'-•

r;:.. you

settling do; r. pc:;ceful3 ^ . rir.oj^on.

h .vo cutll>.:ji ^o me op^ -., - nc.« i^ert, .."Ive of r-y IVfe
as a scholar, und it seems alaost unt el:;3v ii;lj to zq ^.va'
in rutur%i no olaoij^ork or aejf*ea or routire ..11 cornrel
Bi« to oreak o£f my own work in ^he roii:*'' of a sentei^ce

i ^'^i^ i.ii>f;cad I 3riali ue ajXe to ^±nii&"u all -ii.y unfin—
I^i.ea studies and sail, once more, freely ad ll-e a
y mjj: .d/c. rcir on /ast ocean of his'^'orical proi-

loas. T aa e*03^ ^ ful to ,you and ' - .cult^ for

/^Ivin^ me th-tv a/il^i ^, *. « that

I bhall not disa^>^oin" you ^y fu jile.i ues.

...^- -,^3 .re vou th.. I i^ru.lj. ^_ .dl,/ im _ t ^, ^ ort'ics
not onlj to livi; up to all juiitified expect?i*-ions ^ j.'^.
uo.' c to fulfil <il '•he duties wnicii life In -in academic
family n *:^rvill.. dt; is of it mecr/ers.

i.lt' Kh ^hii. 4.e^'-c:r .;^,y i»ply very di- ti::c*ly my
} .tlon to apt tlie position In^ or me, not to

-r.*-^' r les^ov^ed , '-^ it= ye^ for

tu*:.w jchnical re^oO^.s (waich, no dou -^^ ,v ^ will uxider-
s^i^ud .^nd a yXK^Lii^ti^) ^hat I sn^^il have to ]^u> pone rorril
acceptance for a few weeke, tha"- la, un^il ^hk court hat
decided "hi. a" pr.: e::^ very hoj^eful oi our sj^all

group of nou-iiig .ers. i:y formal ac^e. -e a^ ^he j/resou".

.Id c. il v 'A/* thdr..^,o.l I'rt. > or^-a;;^

X '^ :it, since we are asklr Oi- relr.^ ^a» v. <; i^; it tvould

n the

influx r.'ce u:^ v^or^^ ly

group of "Toi et -aI/* ar.d pe^
tht^ whole Ciuee. I i ^i

^r.^ refoxe

I

T..

;

- 2 -

I

ntion - ••«:•, to njj^ ^ .risun und a r«w oth«rs - •/-el.
tha fact t . 1 iaave ro«jr;ived yoor Ij.vi^A'ion, out I bIiuII
XxiXruln for ♦he time oeiii^ x'roro an>' cOii.^ent ao to •-: « r.er
or A.o*" I IntQi.d to aoc«pt it. 7iac sa«39 inform*/* ''ion rjiy oe
£ivi,n to thv, press, s-lnce publicity Is In :hii :.: e rn hur
iwportai'it, Thm nev^s of your offer «lii ca h. rd blow ^o
hr. iiimjl^m <i,ua hi. roup ut rt gnats *• another h j>ect

of your l>.vl^itlo» . w ^r ich not only our li ^ 1 i'ii:rJ'5

group will not *■ rra^aiu.

A'orl'l i^ l^r>*e.

u

t I'.

o ^l

carle .io

I uelitiVv.' ^ha ^^ your Xc ;ir ii.».-
4.^u "^iona tha"- might arise a^ tnl "^1
v»a o umtoarton Uijcb, wh«r«

cov

Tie *

^-U

nowevc

<ai

■.'.r

Ou i:\y

\ '

t

• 2 -

aention to »y ekalxwan and obii^rit. t.crcxy the fict that
I hnve received your genurouti oxter, but I .^ ix r<:ii:ruia
for i.e time bejuoi? from txny oonmaxit as to whetlier or not
I lnte?id to aocept it. rhe 8a«e iufor«ation, I think,
should be nlvcn to the prebs, ainoo publloity i^ in this
oiise rither important. The ne^a of your oixer will be a
hard hlom to lir. Neylan and his f^roup of regsiits - a other
h ippy ctspeet of your invitation for wriioh not only our
little f1ghtin/5 group will be most graceful, bu^ prot oly
also the aoade'oi c world at 1 .rge.

/our le*'ter ha. covered, I uelieve, all practical
Questions that . Jght arlae at this Mme. However, on «y
Way to lJ\mbuTtQii Uiji^Qt //here I ah.- ii sta;' during the Spriiig
Sequester, I aiay stop in i^rinceton to thank you personally
onoe t:iQre and to renew ou that ooc le v^ry 0£i 1

acguaintanoe we once cr^de, at the beginnini^ of the oath
oontroveruy , in the houae of our unforgett':*ble friend
Max Ac>din.

rs

very sincurely

Ernst H.

torov^ias

xxofciicor . 2rt Oppenhciraer
The Institute for Advanced tudy
^rinceton, N.J.

P

t

\

\

^21 ia.uolid Avenue
) rkelBj 8, Galifornitt
ry 4. 191)1

i>#ar irof^&sor Opper.helrecr;

I

n.

/>-

.Ithou^h this le^^er nay imply v«irj dli. **inctly ay
intention to accept the pobitlon intended lor me, not to
a>0ntion ^hc ^roa*: honor bes^o^^od upon m«. It la yet for
^one ♦•echnlO'l reaAOne (wbloh, no doub-^^ you will under-
a^'and ar.d anpreci.i'-e) tha^ I si.ail h wt; to pos'-pone forT.al
acceptance for a few weeke, that is, until tne court has
decided the - at- preeear v%Ty hopeful -* ouuae of our small
ifroup of non— s1gi.ers. ky foriual acceptance nt the present
moment would entail r, withdrawal fron: that ijjpor^ant
laweui^, »1nc« we are aekln^ I'or reiri;5*a*eme^.t| it would
WOL- ^e eHiali group of "Tolraan et ul." iind perhaps
iafluoac» unf ivorubly the wholes cauae. I shall therefore

N

I

I I

I

T

I

- 2 -

iiention ':o m^ ^JU.^.l^.-u.^u cwi^^ otiiors m^rii} th« taot that
I Ik&ve reeelv^^d your g#l:lerou^i oj^ier, buu i ^liill refrain
for ^.hc tlixt® ool:^ fror; ly oaaK0Xit a* to whotii^r or not
J i£i 1 to iOo#pt it. riae saaa iiforiBatlon, I tr ' >,
Biiouia be glvwn to ^.he pr^ss* ^iiio# pwblioi it' In tl is
c r.'jidr laportaat* t; naws 0t your f.' -r will oe «

i*.._w wio*^ tc .. .'. Ilnyk.". ..'.nd h^y i^rou^; of . . - \^. - aro'-hor
ii.ippy aspe^rt of your invitation tor wbioia riOt only our
little fliphtin^: #;roup w^ j 1 be ipos^ 5ra*#fvl» bu*^ proo bl;/
alao ^he a: j.vdi; //orld :^* lur,

Your if^ttr hu.. covered, I b«li#ir«, all practlui^l
^uitfijticr ^hat Oii^nt uristt at thi^ tias«. Hovitiver, on m^
«ujf to ^uiLuurtoa \M^Sp where I shrill stuj duriug the ^prli^i

^laestdiy I &^0i^ i*

onod care ri. d to rui.<jf*r ui
aci^u. . we

cor^r

sy. In

ax tvc.dln.

^$

a

occwioio: he very -j.. j.u1
ye^ ^ of tke oa'^h

of our u..: rgettable friend

i ivato very fslncurely

Ernst h. iv-iitorowlo*

xroiw-jor xiobert upi" ^^.ir.ar
iiie Ir.btitute for txiiv ed v tudy

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Aiunmg aus elnem Brief des NATIONAL RSFDOB SJBRVICK
beiliegenden Pcnrulare uebersatiate:

der mir ale

^^ ••re .ending you enough so that you mey have four for each

affiant, I should think that for Mrs. Marcus tro or at the »0Ft three
affiants wovlLg beaufficient. The affidavits which we are sending y:u
shoula be Bate out in four copies for each person; also, accompanying
the affidavit should be letters frois employers, banks, insurance compa-
nies etc .which establish proof that the assets indicated exist,

I linoeratand that university professors are mmkln^ these out*
They woiad need to have .4. a letter Iron the university employing,
them as to their type of employment and the amount of salary;
2. withholding tax receipts;?, if they have money in the bank, a letter
from the bank as to the amount; ^, if there is life insurance, a letter
aa to the amoiint of life insurance and the cash surraa4er value- 5. if
there are war bonus, they shoula belisted by the number and a-ount;
6. any real estate ^houic be covereu with a copy of the real estate tax
etc.

All of this material shoula come to us in four copies, that is four
copies of the affidavit and four copies of the corroborating data,
two of which shoula be notarized.

National Refu£ee Service, Inc.
105 Nassau St.
Ncr York 7, K.Y.

Mi4;;ration Department
Mrs. Saxah 1. Cohm

\

!

I ■

San Francisco and Berkeley, California

January 31, 1 942

To the Attorney General of the United States
Mr. Francis Biddle
Washington, D. C.

Sir:

Deprived of our country by Hitler we came to the United
States to become loyal citizens and to educate our children in
loyalty to America. --'

We are grateful that the American nation has generously
received us, and that under its powerful protection we enjoy
freedom and take part again in the heritage of mankind. Since
the outbreak of the war, however, the refugees from Nazi op-
pression have been classified as "enemy aliens". We believe
that this term when applied to refugees from Nazi oppression
results in moral disqualification. Being outlawed by Hitler
as enemies whom he w^ants to exterminate we are now^ again
designated as "enemies" in the country of our refuge. Thus
we face the danger to appear to the public as the enemies of
everyone. To bring us into such position is Hitler's aim,
and certainly contradictory to the intention of the American
government.

Although the American government intends that the term
"enemy alien" should be understood in a technical sense, the
people w^ill be inclined to take the term as expressing a reality
instead of a mere legal concept. The words "friend" and
"foe", "ally" and "enemy" mean so much to the nation in
war-time that it cannot be otherwise. Moreover it may be-
come necessary and in fact necessity has already arisen to
take action against persons on American soil who are consid-
ered inimical to the American nation. If the term "enemy
alien" is indiscriminately applied to classes of persons who
completely differ in their attitude to this country the danger
w^ill alw^ays be present that such emergency measures will be
extended to all those who are called "enemy aliens". In fact
the regulations excluding "enemy aliens" from certain areas
in California and other defense districts which will soon be
followed by more comprehensive orders, all of which w^ill be
of vital importance for many persons comprise axis aliens and
refugees as well. TTiat may involve a necessary sacrifice re-
garding such persons who are citizens of axis countries and

/

who can be suspected or even presumed to be loyal toward
their old countries. Nothing of that kind applies to us.

Being still aliens we look forward impatiently to the day
w^hen we shall be allowed to become American citizens.
While waiting we are in the meantime neither German aliens
nor enemy aliens. This is true not only in substance because
we have nothing in common with Nazi Germany and categor-
ically reject every connection with Nazi Germany; but also
in form because the German government by various actions
has severed all legal ties between Germany and ourselves.
This has been effectuated by decrees denationalizing many of
us individually, and by the recent German law of November
25, 1941, terminating the involuntary German citizenship of
the rest of us. We are therefore neither citizens nor subjects
of a country at war with the United States.

Our classification as "enemy aliens" is now^ almost exclu-
sively based upon the place of birth. The mere hazard of the
place of birth cannot carry weight in this war between two ir-
reconcilable ideologies w^here the borderlines betw^een the
European countries have lost their significance. It would be
contradictory to the democratic ideals and therefore to the
very basis of the American war effort if discriminations based
on outlived standards would tend to induce public opinion in
America to regard the refugees as enemies instead of accept-
ing them as living proof of the crimes of Hitlerism and as co-
fighters against Hitler.

We refugees are fighting Hitler since 1933. We all bear
scars of this fight. Many of us went through tortures. Al-
most everyone of us has lost members of his family or dear
friends in this struggle. The goal of the United States in this
war — the defense of the rights of mankind — is necessarily
cherished by us. We share the American love of freedom
and the American ideals for the future of the world. Our
reliance on America's victory is of necessity identical with
our confidence in the future of ourselves and our children.
Because this is so, we are second to none in the desire and the
conviction that America must win this war and take a decisive
part in the inevitable reconstruction of the world.

We recognize that in the interest of the safety of this
country investigation of the past record and conduct of each
refugee may be required. We welcome any opportunity to
submit such proof. Even more shall we welcome every op-
portunity given us to take part in the active defense of
America.

/

THIS PETITION we feel is expressive of our loyalty to
this country and of our self-respect and our vital interest as
well:

TO BE treated as and named "refugees from
Nazi oppression" instead of "enemy aliens".

Respectfully yours,

sign.

Oscar Meyer
Frederick A. Straus
Ernst H. Kantorowicz
Peter Pringsheim
Dr. Max Stern
F. M. Salzburg
Martin E. Goldschmidt
Ernest W. Baerwald
Albert Seligsohn
Georg Pietrkowski
Wilhelm Weiss

Hans Goldschmidt

Ernest Windesheim, M. D.

Walter Kamm

Mrs. Else Kappel

Mrs. W. Ury

Oscar Gerson

Heinrich Sobernheim

Lena Kaplan

Richard B. Goldschmidt

Alfred Gerstel

Paul J. Moses, M. D.

Richard O. Grau

Curt F. Elsbach

Frederick Simon

Hugo Bonwit

Mrs. F. M. Walton

Werner Bab, M. D.

Hans Windesheim

Mrs. Rosa Spiegel

Dr. Moritz Straus

Robert Cahn

Mrs. Betti Arnheim

Friedrich Salzburg

Walther Rothschild

Mrs. Leonore Schott

Mrs. Margherita Rosenthal

John H. Auerbach, D. D. S.

\

'^burger Lands tr«

De««

^ f

^^*^7

I our Misaifia^iica,

k l«tt«r of a p<9r«oB known to sa, who atai^ratad to tog-
l&nd during tha rtlglm, at laat claara up the raesona^ why
»y rainatallatioD h^w> b an ao long dafarrad* ia lxifor»a mi
In attlaabla tarma of tha allagationa which ara apraad about
ma is England:

*'I hawa iiar Ircaa frianda in tha »41itf^r>' aiio civil 6^^

fartMa&ta of t it aaaaa that
1) vour algnatura aa a ataff ofricar of tha fahmaaht has
Man appaadad to a ausbar of doowuanta which aaka you
aanathlng of a %orderIlaa oaaa of war erislnala undaip
at laaat ona count of tha liuraabarg lndletmant»

(2) You ara aaid to hara baan angagad on ao^callad hlstorio-
al raaaarahf \.%. high*broa Sail propaganda, at tha
Ganaral Staff;

(3) furtharoora that at raa time or anotner : ou %ara on
tha 0 eratlon^il Staff of tha Arc roup which aada
Itealf infanoua In tha Ukraina ky ahooting hostagaa***

▲11 tha thraa alle liona ara antiraly unfoundad dlffamatlona*

conductor of tha/w«nr?ri ' -Flxhrun^i i"t t . a thia oapaoity
I waa tha auparior officer of a thraa-paraon-offiea.
Thtifi I hfcTe ney^T had to iaaue nor to diatrlbuta any
written orders, neither had I to authorize any orders »
since there ware offieera enough with tha apaeial taak
to do this* Irerybody who hns any insight into tha ayatwa
of resorta within thia lahrmacht vill know without
aaarohing up the oeae, that non«9 of tha ordara,
aortifiestea and reports, which vera prodnoad in Kurem-
bergt will haTa bean un^'ersigned by sa« The t exrert
to epproTo this will be our colleague Herbert ^'^' ua,
who wee praaant at tlia whole triffl ^nd is now c* -ed
with the iaaue of the Qarnian text.

▲d 2. All that I wrote in ny capaeity aa the conductor of tka
rm> t^iary» has bean deliTered by me iB 19^^ to tka
DB-Amy and la now in handa of tha 0&*Hietorical
tlYiaion, wk# hawa rerroduced tha aaaantial ] arte in
photocopy aa being the f ndamental material for their

f— —

kt 3

• 2 -
vmmmnroh nork oa a#rau[i allltery on#r«tloiiB In th#
lest t>erlod of the war* "nie fact taat 1 ifa» called
to tti<i IJWt as baio« aja axpart who oouW not ao
propaganda work, will ba proTed by wqr doaw»#nta wbiah
hfiTa baan av m6 with tha .. ene-i float Ion i^annai and

axamlnad *y tha i^rxtxsh. in ordar to aaaartain thet I
aetually <^id work in th# way I was auppaaad to, you
say aaak information of the y»-iast*i>iw,at i^oaohst.

aa this, it la qulta known in G5ttingan, that
i have i.erer mada any laai propaganda, oaitlar aftar no»
bafora tlia war* But evan aa to military hi4»tor>, i .^ava
aaTar publishad a ain«la line* My activity > too, ^»a
confinad to the o eratlra Bart of tha ifSt work, and
- aa tha coursa of tha avanta hara • would not hava
proourad the sort of stuff tha aropa#anda likad.

If thaaa wllagationa ara not aara dif/'aaationat
thay must hava sprung from a aonfuaio» with tha
military writer ^ilhain Rittar ▼•Schraflaa, ^ho workad
out tha daily Wahrmacht bulletin and reported on war
aYants in the great newe; ters. Ha la not even a
relative of mine.
I never lead any charge in tha Ukraina and have nmrmr

\^4^mm a aattbar of an army ataff . During a

19^

nd

I waa an orderly officer of the juJCXXI"" Corps in
the Crimea, in the raaga of v^hich I never saw nor
heard about any exeeution of hoatagea or other persons.
Baaldaa this, 1 did not do sarviae at tha aaatern front.

My acquaintance wrltaa furthermore:

^Whether thaaa atoriaa ara baaed en documamtary
evidence, I do not know; however, a group of Imgllah
hiatoriaaa who some momtha ago want to Genrany to
lavastlgete the war-tirra recorda of Oar an historians
have definitely excluded you from tb^ ^ahite"* list of
trustworthy anti-Sazia'' .
1 think it quite axaaJJarating that historiana act in such a

nefllgemt way, that they dlscrimlmata ma* whareaa in-
formationa would have baM aaaily obtained either from T0WP
|fa«alflaenea, or from the Dean, or from my <!iocumenta, which
have awollen up to a big roll, ant to which he a now been appended

m. Tt, ^

«h« file -Prof^SchraMi" fomi« mith thm J[r#l«ltitua«, wlileh ol#fcih
up tu« party opinioa about imi 1b a plain i^nguaga,

Thara la bo poeaibllity to alaar up auittara from tha part
of the German cowilttaa by a daalalon of tha Jlavlaa toard,
alBoa My aocumenta hara baaB aalsad by *«ll,Gov. i am Inaapabla
dafandlng layaalf a^alnat tha blamaa ^hieh ara apraad 1b iKlffiHLt
alBaa I do not know thaai« Tha cited lattar aaa the fiist hint
I got, but nothing mora tkaB a hint, 5lnc(» it la a prlTata
infors^tioa oaly.

I raapactfully aak Your Xagr.iflcanaa to aadaavour that
^^ 1 gball £at offlciel aotlea of ahat I aai ohargad nith,

?) l^MIL^g..fMbiad_to dafand ayaalf agalBat f^ fa^aa b;^

£5^M grouP^^ of tha - -^tiri^^i^^^ an^ ■^^^^^mta. which hftir^
baan vvf«therad>

I concluda ray lattar alth tha raquaat for tha protaatloB
BBd aaaiataBoa from the uAlYsralty*

lours ^ raapaot fully

/

.It

\'

April 28
Lieber Kantorowic^. :

Ich stimme wie Sie sehen weitgehend
mit Ihnemer uberein.Allerdings ist die J^G-
schaft von 38 rfiir nicht so sehr ein ]fl[netoss
and ich raeine,es brauchte nicht. In der' amerik.
Zone gilt Mitgliedscnaft nach 37 als vbrwurfs-
frei und Englander werden auch wisseh.flass
Kiep etc.Pgs waren.Naturliah mit ihnen kann
Percy nicht vergliohen werden, und obwohl ich
ihm das rein taktische Motiv glaube ,bleiben
meine i^edenken be'7., seiner allgem.Musch],ich-
keit.Icn lifebte seine Art Internationalismus
auch nicht grade. Aber ioh glaube, daser bt^aucht
nicht ^.u hindern,die imglander^Kollegen 'u
bitten unter Bfetonung der formaien Pgschaft
und der Patsache dass dies nicht der eigent-
liche Vorwurf. Ich freue mich,das3 Sie Poole
iibernehmen wolien.

Sontag scheint mir eine sehr gute Idee.
Ich hatte auch an ihn in erster Linie gedacht
fur die von Pord 7U erbittende isesprechung.

Icn selbst werde tun oder tue das Pol-
gende: '^

^ l.bestellte das HamDurg Buch von Waah.
■'2. werde Schraniiii ein persbnliches Vertrau-
ensvotum senden,gestut 't auf Auf rechterhal^
tung personlicher Ber.ienungen unddarin be-

/

rv

wahrten"Mannesmut" .

3.schre«b das ChamberJcLn-'^itat ab .-^s iJJt^
vom 6. Okt.38, Pari. Debates, vol 339, p. 550. Wenn/"
Siej^es noch phOgraphaeren lassen kbnne%um so
besser.Natiirlich ist sei;^-^»ame nicht genannt,
aber Autorschaft evident.

4.bewog meine^hieslgen Kollegen P. Sweet,
der 30 in Goett . s tudierte ,den unpAitischen

.3i

d

Gharakter von Schr* ' Vorlesungen 55u hezeugen.

Hoft'e das gleiche '^;eugnis won Boyce in North

\VebtCrn ^u bekomiuen.

5*i?'ahncle nach Schr. * opposite number' im

War i>'ep,hier,cier mit Schr.in Paris zusaiarnen

die ^eutschen milit.Akten gesichtet hat.

6.hRbe persbnliches ''ieugnis von i2«dith Lenel

bestelit.

Y.will an Aage i?Viis schreiben wegen inter-

nationaXer ^iUsammenarbeit und Hamburg Buch-.

'ber Gregoire wei^js ich nichts.V/hat

about, Gransfeliff?

Sehr intereasierte mieh was Sie iiber

m.-a.i^orschung scnr^en and uber ijaethgen
ira bes. Ich habe nur uber ihn aber nicht von
iirxm gehbrt.Ich halte es fur absolut sicher.
dass er n«^ht dey Partei beigetreten ist,so-
weit raandessen sicher sein kann.hr hat sich
•,als'guter Sekundant bis 34 erwiesen-und '^.war
unter Inkaufnahme von Nachteilen,und korrekt^
bis ich 36 See.verliess .Von dem Augonblick an
war ich allerdings fdr/von der Bildflache
versch.vunden,obwohl wir 2 Jahre noch -^.usammen
in Berlin lebten.Ioh habe deshalb ihm nicht
von mir aus geschrieben, obwohl . ich mit Kaen-
l€r,i^itter u.anderen in lebha^^ten) Briefwech-
sel stehe,und er hat wohl auch Hemmungen
die Initiative -^.u nehmen. obwQhl er meine Adit^
^se durch gememsarae bcnuler wis.-^n muss. Ich
kann nicht leugnen .dass ich seiner KorreKt-
heit and klugen Dipiomatie giigendber bitte-
rer empfinde trot7. des oben anerkannten als
•a.Bigegeuber Irrl^aufern wie Westphal.habc^
Sie ubrigens eine Ahnung ob derr^och unter
den Lebenden?

AFTER 5 DAYS RETURN TO

— H -iiatJxf els

/ /b^ APR 29 C\^

^ ^- mi

6007 Woodlavvn Ave

Chicago 3/, 111

VIA AIR MAI L

Professor E.Kantoro.vicz

195 Uplands
Berkeley 5,Cal.

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in the year One Thousand

lY C I'oldensc^ rdt»

©n ti)i£i ?.7.^.?>. day of

Nine Hundred and.-.Foity.-.aSTe.n.* before me

a Notary Public in and for the County of Alameda, State of California, residing therein, duly
commissioned and sworn, personally appeared

Emit H Kaiiborozioz

kno.^" t7m'e t7be"the person described in and whose name %P. subscribed to the

within instrument, '

and he acknowledged to me that he executed the same

3n Wiitnt^^ Hm^tVtOl I have hereunto set my hand and affixed my Official Seal,
the day and year in this certificate fuT^above written.

^ GENERAL ACKNOWLEDGME?#y Commission Expires September 16, 1948

^ My Commission Expires
*Form 1411 Lyn A. MoUath & Co.

^otarp public

T '"in and for said County of Alameda. State of California

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«e^

UNIVERSITY OF CALIFORNIA

DEPARTMENT OF HISTORY
BERKELEY ^, CALIFORNIA

10 WHOM IT MAY CONCERN:

.^'.

I, the undersigned Ernst H. KantorowlcB, at one
time Professor of Mediaeval History at the University of
Frankfurt on toin, am I^rofessor of Mediaeval History at the
University of California, in Berkeley, California*

Professor Dr. PERCY ERNST SCHRAMM, of the Univ-
ersity of Gt)ttingenp has been known to me for 25 years. We
first met at Heidelberg in 1922. Diiring many years we saw
each other daily. We have never lost contact with one
another •

The last time I met Dr. Schramm was in the gloomy
summer of 1938.

Shortly* before the pogroins were started in Germany
and before I emigrated to the United States, Dr. Schramm had
the courage to visit me in my home in Berlin-Chariot tenburg.
On that occasion he wrote a letter on ay behalf recommending
me for appointment to the University of California. See
Document^.

I know that Dr. Schramm wrote a great number of
similar letters to American and English institutions in order
to recommend his emigrating Jewish friends and to alleviate
the difficulties caused to them by the HaEi regime.

I should also mention that it was at Dr. Schramm^s
reiiuest that I visited him at GBttingen, in 1937 or 1938,
dining there with him and his family in his house.

I wish to add that, whereas many German scholars
avoided in those years the quotation of works of Jewish
authors, Dr. bohramm took the rl^M, to oit« even an unpuulished
study of mine. See Arohiv fur Urkundenforschunxt IV, 1938,
pp.315ff, 326ff, where Dr. Schramm cites my study "die ich im
Manuskript einsehen durfte* - a statement openly disclosing
the fact that he was still in personal contact with Jewish
scholars and friends.

<«

These facts make it evident that Dr. Schramm was
not a pupil of Hftzism or Nazi indoctrination. He had some
unpleasant rencontres with Nazi professors at Gl5ttingen, who
then decried him as an ''Internationalist.* His decision to

Page^^

Join the NSDAP in 1959(!) oould have had, as I »ee it, only
one advantage, that is, to conceal conveniently other actions
which were certainly contrary to what the Nazi Party might
have expected from its members.

That Dr. Schranan actually was in need of some
sort of "smoke-screens" may be gathered from a letter which,
in the time of the Mimich crisis, he wrote to the Archbishop
of Canterbury and which the late Prime Lwlinistar, L^lr. Neville
Chamberlain, saw fit to be read, at least in the form of ex-
cerpts, to the House of Commons. See Parliamentary Debates,
vol.539, p. 550: October 6, 1938.

There is no need to testify to Dr. Schramm* 8

scholarship.

Ilib scholarly equalities are outstanding and inter-
nationally recognized. Within the "Republic of Scholarship,"
which still exists, Sohraaai appears as a cleur-cut figure.
He has pioneered in unknown fields. He hus opened the eyes
of historians of every nation to problems which had been
unnoticed before, or xinobserved.

I have read and studied probaba.y every line
which, before the war. Dr. Schramm had published. Without
intending to presume too much I may claim to have a judgment
of wnat he has written and of what he has said.

Dr.Sciiramm'b historical studies moved, until
1939, mainly in three orbits: Iconography, Rome Idea, and
Coronations.

In one of his earliest studies (published in the
Journal of the ;yarburg Institute) he has traced the develop-
ment of raler irna^ery fro:n Hellenlstic-Poimn to !"ediaeval
times. Later, in a v#ork of two volumes, Dr. Schramm has dis-
cussed the imperial ii^iagery from 700 to 1152 A.D. Ihis was
preceded by a sioaller volu-ne on Carolin^ian Seals.

His two volumes of Kai aer« Rom iind Re nova tip
(published by the A'arbiirg Institute; represent probably his
most important, certaixily his most influential, contribution
to historical studies. *ith this work Schramm has opened
completely new aspects not only of mediaeval thought, but also
of political, religious, artistic, intellectual, and other
trends which affect the understanding of certain movements in
the general history of mankind. It will be difficult to find
to-daj? an Ancient Historian or Church Historian, a Byzantinist
or Mediaevalist , who has remained uninfluenced by Schramm's
monumental work on the idea of Renovatio, that is, of that
very complex strand of ideas centering in the "Revival of
Kome" and eventually leading to the Italian Renaissance. It
is surprising to discover to what remote realms of study the
radiations of this book can be traced. If any contemporary
work of simple and unpretentious historical research may be
styled "supra-national" in view of concept and effect, it is

e 3.

Dr. Schramm* 5 work on Rome and the idea of its revival.

Equally "supra-national* or Europ an are hi»
studies on the Liturgy of the Coronation during the Middle
Ages. They refer, in the first place, to non-German realms.
JDr. Schramm has published tvjo lengthy studies and a book,
published by the Oxford Press, on the English coronations.
He has published four extensive studies and a work of two
volumes on the French coronation ceremonial. One study each
has been devoted to the Spanish and German coronations, and
two studies to the Roman coronation. In 1939 1 Dr.Schraiaa
wrote to me in America and discus3ed his plan to write a
History of the European Coronations from the beginning to the
present, a comprehensive work which was to cover the wide and
difficult area of comparative constitutional history of Europe

The general character oi Dr.Schramiii's work,
as outlined in the foregoing paragraphs, as v^ell as the
topics which he has studied, exclude almost a priori a narrow
nationalistic approach or a militaristic outlook on the part
of the author. In the approximately 3000
which I have read, I have not found one
a nutionaxistic or militaristic spirit.

on the
pages of Dr.Schrai
utterance betraying

Moreover, Dr. Schramm was one of the most
active promoters of international collaboration and cooper-
ation of European historians. A considerable amount of his
time has been devoted to visiting, and even organizing,

international meetings.

The niamber of non-German students whose
studies he has furthered or whom he has other^vise supported
is considerable. I happen to know to what extent Schrawi
has actively supported that outstanding Slav scholar,
Dr.Georg Ostrogorsky, i^rofessor of Byzantine History at the
University of Belgrade, who unfortunately was captured and
put to death by the Nazis. Ostrogorsky, one of the finest
Byzantinologists, owed, when still a poor student at Eeidel-
berg, part of his livelihood to the support, and his early
career to the recownendatlons of Dr. Schramm.

To form a judgment of a university professor
is not possible without taking into account the influence
which the teacher has on his students.

I know, if not all, at least a ^ireat number
of Ph.D. dissertations which have emanated from L^r. Schramm* s
school, one of tne last dissertations published before tho
war was Dr.Uer^es^ brilliant work on the Llirrors of Irinces
in the iiigh i^ddle Ages. Ead Schramm as a teacher really
been a nationalist or militarist, one lAight be sure to find

;1

J

TO IBOH n MAY CONOCRHt

Zt the U2iderftlj^«d Ernst U. Kkntorawlos, at oii«
\%Mm Prof assor of Uadlaeval History at tho Ualvarslty of
Frankfurt on ^kiln^ ma Profeaaor of .^^odlaeval History at ths
Unlvorsity of Cullforula, la Bsrksloy, California*

Profaasor Vx. PEiiCY laOfSI SCHItAISI^ of tlia Unlv--*
arsity of G^ttin^ant l:ui& been known to laa for 25 yaars. Wa
first nat at Haidalbarg In 1922, During Man^ yaars wa saw
aaoh othar dally • Wa have om^^r lost oontaot with ona
anothar*

Yte last tlma I owt Sr^SahtraMi wms in tha gXooa^
•war of 195««

Shortly baforo tha pogroau^ wara start ad In Garaany
and befora Z amlgratad to tha Uhltad Statas, i)r.Sohra»a hat
the oouraga to visit aa in i^y hoaa in BarllnH:harlott anbury*
sjxi that ouuasion ha nrrota a lattar on mg bahalf raooaaandlng
mm for appolntaant to th^i Unlvarslty of California. Saa

I know that fir.Sohraoa wrota a graat nuabar of
siailar latters to Aaariean and Lnglish institutions in ordar
to raaoaaaad his aaigratin^ Jawish friands and to allaviata
tka diffioultias caused to thaa by tha I^iasi rf^giiaa.

Z should also aantion that it vats at Dr.Sohraaa^s
r^^uest that Z visitad hla at ai5ttin^an, in 1337 or 1938,
dining there with hia and his family in his housa*

I wish to add that, wharaas aany Garaaa soholara
avoided in those years tha qt^otation of works of Jawish
authors I yt. oohraatti taois. ti^e rl»A io i»l^« «voa «» unpui^iisiiad
study of mine. I^aa .vrohiv fur Urkundenfor&ohunjc^ jlv, 1938,
pp.JlSfff >26fft where i^r.aahraaa oltaa mg atuoy "die ich la
Manuskript ainaehen diurfte" ^ a statsasnt epeialy Aisalosing
the fact that he was still in personal oentaot with Jewish
soholars and friends*

These faots aaka it evident that Dr.Sohr^
not a fufil of '^^lals-i or '^axi in^ccrtrtTtntloxx, !!c had soae
a^pleasaat reaaeatres with ::asi profeaaera at GGttliigan, who
then deoried hia as an ''Xntemationalist.'* iils deoision to

• 2.

ioln tho MSSAP In 1939(!) oould have hadt as I %%m it, only
saa advaxitag^t that la, to oonaaal oanraaiantl^ other Mictions
vhloh M%x^ oertalul/ aantr^ur/ to wliut tha fiaal iaxt/ aliKtit
have axpacted frou Itb a«i^ra»

fhat l)r*So>iraai aotuaily aaa la naad of aoaa
sort of *iMiJba-*sor8eas^ niay ^o jsaitt here! rro» a letter which ^
In the tlae of the :^unloh orlsiSy ba wrote to tha Archbishop
of Jantarbury and whloh the late Prlaie iiliiister^ Mr.Kavilla
Chamberlain, aaw fit to be read, at laaat In the form of ex-*
aerpts, to the Bewse of Conaiaas^ ::iee jearliajaentary Debates,
vol.339, p*550i October 6, 1938*

There ia no need to testify to i}r.SohraMi*a

scholarship •

His soho laxly qtiialities are outstandinc and inter
nationally reoo^^nised. Within the ^Republic of SAolarship,*
ahioh still exists, Schraioa appears as a olaax-<mt figure.
He has pioneered in unknown fielda. He has opened the eyes
i^t hi;5toriand of m^%xy nation to probless which nad been
aanotioed before, or unobserved.

I huvs read and studied probub^y eipes^' line
«nlon, haftare the war, inc. S<^iraaei had publibued* without
intending to preaui&e too lauch I asy claia to have a jadgpant
of what he has written and of \itfhat he has said.

i)r.Sahanywi*s historical studies moved, until
1959, aatnly in three orbits: I cono^jraphy , iume Idea, and

Corona t ioxL& •

In oaa of his earliest studies (published in the

Journal of the tartar^ Institute) he has traced the develop-
»M?n% ef ruler i^j-ry frctn Hellenist ic-**csan to ''edlaevsl
tiflMis. Later, in a work of two voluaes, Dr.Schraas has dls-*
ousaed tha ittperial iM«axy froei 700 to \X^2 ^.D. Ihis was
preceded by a sxaaller voliaM on Carolixx^ian Seals.

His two voluMS of Kaiser, Eon and Aenovatio
(pabllahad by the ^arbiurg Institute; represent proeasxy nls
aost inportant, certainly his aiest Influent ijil, oontribution
to historical studies, nth this work Schrawp has opened
coxapleteiy new aspects not only of »ediaeval thought, but also
of political, religious, artistic, intellectual, and other
trends which affect the understaiiding of certain »ove«aats in
the general history of aanklnd. It will be difficult to find
to-day an Ancient Historian or Church Historian, a iyaantinist
or Mediuevulist , wiho has reaainad uninfluenoed oy SohxaoM s
■leniiMntal work on tha idea of Renovatio> that is, of that
yiiry complex strand of ideas centring in the •i^evival of
hoaw'' and eventually leading to the Italian tjsnaiss^Ace. It
Is surprising to discover to what raaote reala» of study tha
radiations of this book aaa he traMd. If aiv oonteiq^orary
wark of aliwla and unpretentious historioal rwaaarch nay be
styled •aapru-jsatlonal* in view of oaneapt and affect, it is

Lr. scnr.

s work on Liomm luad th% idea of ltd revival,

£<;LualX7 •supra-natioxial* or Surop.an are his
studies on the iiitur^;/ of the CoxOMition during the Middle
Ages* fhey rmteXf in the first place, to noxv-sxeraaa re .s«
Dr.SohrmflM has published t)i»o length/ studies and a book,
puolished by the Oxford Press, on the Lngllsh coromitions.
lie has published four extensive studios and a work of two
w#lwies an the French coronation c^^renenial. Onye study eaoh
has been devoted to tLe Spanish luxd German coronations, and
two studies to th3 ^C22:::.n coronation. Tn 1959 # Dr.bchraaai
wrote to »e in ^lacrioa and discussed his plan to write a
History of the European Coronations from the beginning to the
present, a comprehensive work whicjh was to cover the wide and
difficult area of ccaap«LrativG constitutional history of Europe

The general cuaract^r of i)r.Schraa»*s work,
outliotid in ^he foregoing ijara^jraphs , as well as the
topics which he has studied, exclude dlaost a priori a narrow
ikxtionalistic a^^roaoh or a ailitaristic outlook on the part
of the author. In the ap.roxiaately iOOO i^6"«» of i)r. Schraws
which I have read, I have not found one utterance betraying
tt uationaxibtic or «ilitc.rietio spirit.

■oreover, iXr.SchraaB wmm oue of the aeat
active promoters of international collaboration and ceoper-
at ion of iiuropean historians. A considerable amount of his
tlae has been devoted to visiting, and even or^nicing,
international mmmtti^B^

The msmbmr of non-Oeraan students whose
studies he has farthered or whom he nas otherwise si orted
is eonsiderable. I happen to kno» to what extent Schra»»
has actively supported that outstanding blav scholar,
Dr.i/eorg Ostrogorsky, irofeasor of /iysantine History at the
University of "•--' 'o, who unfortunately was captured and
put to death by ^ne stasis. Osirogorsky, one of the finest
B£/santinologist3, o^ed, .vhen still a poor student at Heidel-
berg, part of hia livelihood to the support, anA his early
oareer to the reoo—nnrtiitions of iir. L^CAraoa.

To fora a Jadffient of a \mlversity pro^esaor
is not possible without :;aking into iccount the infloaaoe
which the teaser has on his students.

I know, if not all, at least a ^reat number
of Ph.D. dissertations which have eaaaatad fr«a Dr.Sohraa^'s
aahuol. une of tne last dissertations published before the
war was iir.Sor^es* brillicAnt .vork on the ja^rrors of irrinces
in the digh Jlddle Ages. Ilad Sehwa aa a teacher really
a natioaalist or allitariet, one islg)at

be saora to find

M

^ reflexlasui of U^l aeataJLlt/ 1« tL« «orks of his pu|ll»,

V ^r^Utrl. I wo^Li aot d« abl« to »Miil«i a •ijQgl«

lisMriaTlcm or SclurauMi's f«*ll» Ju^c^tla* a aatloiiallstlt
cr sllitarlstlc outlcK>i:. Th0 disi^axtatlona dlaoloaa merely
«M fact, to wit, that iir.SotaaMi «aa a brllUant and nost
stlmulatlns taachar who laaptrad his 3t«4«itA ^7^^f^y\^
to thM an ahwdaoM of as Idaas, tat not by aalllng old
and outiKnm ooaa«

lA ill— ^rlti^jf a^ o^ Inlosi» I wlah to M^paaal&a
thait INnrcu tmat wduruM haa xiavcxt io iig jLaowied^, da«m-
btr^ted a ik^tiaaallatlc or alilWrli..ic atiitud* la spaaklag,
#rltU^» or ia^oiili^i IUl% It wcold te ao^Jt daplorabla aad
t At mil IQ tiia i44^?a**t4..|^ oi ^^^vOAia'* A-uOMi t<* ^-fca^*-*** al&
tiM iteLvar&lt :;>X juttlnfc'T^t aM the<tearLth to deprlva
kia or tha joaat 1 i " j of p«rfwrilj|g productiva aiMi craatlva
aork; i uta roMOval froa 11 -;hair aoiux. raMila anlntal-

li^feiii to the aorla ox v Isuruj^i^. iddLOh ii. aufftol%ntlgr
d^Qlauitcsi Ujr tha tvar; auMi vi^i tiuart^ior* i^x
ralsvaatMat aith as ilttio doiajr aa paaaihli a, j
Oialy Aaairable butt aL^sost li^paxatlva ^ith xn^^^rd.
pra^lMi of aaaoatlas aini ra-*adaM^ tliv& ^O^iwui atiidaata for
aalMT and

'^ Caltfornlat
■ftj 27th, 1947.

B« Kantoro.^ica
profassor of History
UnlTorfrtty of California

SSffSal

some reflexions of that mentalit/ in the works of his pupils,
since students aluvays h^ive the tendency to overstrsss thm
verba mjiKlstri^ I would not be able to mention a singls
dissertation of bchra«s's fvpils sug^-astin^ a nationalistic
or militaristic outlook. The dissertations disclose merely
one fact, to wit, that iir. Schrawi was a brilliant and most
stimulating teacher who inspired his student* by conveying
to tham an abundance of new ideas, but not by selling old
and outvjom ones.

In summarising my opinion, I wish to emphasize
that Percy Ernst Sonramm h^s never, to my knowledge, demon-
strated a nationalistic or adllitaristic attitude in speaking,
writing, or teaching; that it would b;^ most deplorable and
not at all to ths advantc^^e of ajijojue'd aa.ui>d to exclude nim
from the University of Uottingen, and therewith to deprive
him of the possibility of performing productive and craativa
work; that his removal froxL his chair would remain unintel-
ligible to the world of scholarship, which is sufficiently
decimated by the war; and that therefore i;r.5chramm^s
reinvesti^ent with as little delay as possible appears not
only desirable but almost imj^erative with regard to the
problem of educating mad ra-eduoating Genaan students for
sober and scholarly work.

Berkeley, California,
May 27th, 1947.

state of Califor'-^'a.
C aanty of a

ss

t^^<^l^ ^ A^ifcti^rvyr

Ernst H. Kantorovvicz
rrofassor of History
University of California

Ernst H Kantoron'-ici, V^i^g first duly mtrorn, det>o8e8 and says

tvat the a ore e^.&t.eTnsnts are true* Said affadaTit consists of four

paf^es, numbered f r m onfc throu^. four*

<£}

- #

^

Subscribed and swam to l>©fore laa, W C rol 1 rdt^ a notary Public

t is 2Tbh day of May 194T.

^f\lJM9iiKJiAAn7

wv r*r T fn'ooi/->r r»

W C MOlDENSCHAROT
k Nitarv Public n dnc tor kiemii: Countf

^■'•^' September le. 1948

«> Uflimi&sio- Expires Septe

fDbtr It), 194^

BERKELEY: OFFICE OF THE VICE-PRESIDENT AND PROVOST

May 12, 1947

Professor Ernst H, Kantorowicz
Department of History
Campus

Dear Friendt

"xJiy assistant. Miss Annis, informed me of the nature
of the statement that you wish concerning Professor Doctor
Percy E. Schrsonn, and I am including one which I hope is in
accord with your wishes in the matter.

With warm personal rerards, I am

Very sincerelyi

6

s

IXDiaeh
Enc.

' «

UNIVERSITY OF CALIFORNIA — (Lettedhead for interdepartmental use)

^/

To Prcf#8sor K»li«^^i»Atoro^ioz

I rofmBBor ;aiis

M„j|, r k g T » y 5 (C«l.)

f«l»

oftlann ;s.vft ,

»~ac

I.)

Dftar

ka.

**Hi >i^iir<ii8

11 I im4i t
I Ml formmA

I '

iNKMlMNi i

polltlcftlly

iut 8MMI dfty

o

thu opportunity to ootid thl» letter to >ou bv oir

ll«h IfiOguoi^tt. Tne roooon of tho lettor !• tLnt
yuioxpoot4i4 OMir(H;#ncy to ask for your help.

aoidit that I ( ojll rosutto »y 1* rmm aftor Castor

P.

(

3)

tie U0rKOtt Do&aslflcotlon . oarrls v 5 tr.out iMiaf^
ted, nn-i th*? iv rslty woo of t nmmm orlnlon*
I woo offlcifilly oBttOimood that . .. mat , ily
dloflilaaod and «y prlYoto foi .^.^© tioa been blocked.

The fors&l raason8 are these;
1. ^ ..are been moiriNir of the .,4\ Binoe 195^.
I fcaye been aoiaber of th<* rarty aiiioe 193?.
T^e further text reads:
"In addition it Is considorod that rda record inaioatoa that it
! ; r>^ireble thJit he 6 ould lM» la a poaltion to influenee
Geraan youtii" •

jgjI^-'-.l: ^ had been 193? founder and c airman of t:.e ir -nburg
( Tttee In order to preyant tte eleetlon of Itler h was
»ev«r<^ly attaoKed after the UtA^fu/ eae (aa yvm^ill rwaM

hmr) In an offloiftl apeeeh of i coll* acoujilnf Brun ^ iind

mm to haye teen 'too internal tio»il'*. in order to be baclrod by
aowibody 1 Joinod Xnn i^ii, but took eare to reeiain without rank
(•*! ottenfUnrer" correaponrta to **0bergi5frelter*' ) , and in I95d, aa
it van no more neceasary to aye tlxis protection 1 naked the 5k
to be diaeiiaeed which requeat eaa gnittnl i^raiited after tlie aacottd
ettei^pt*

1$. ^ ""l I entered tie I'arty on May " , 739 aa la proy«« by the
nr card antedated .l-r to ay 1937 aecordlns to a general
I il^tioni. I paid Mily thr^e tinea ay tmmu a»d «Mn I aaa
ctUiee up Ht the outbreak of ear. Tbe rmmmem for my Joining the
rty aaa^ aa is . oyed by an affidayit of tne iriiaident of our
vcadenyt that : e had aekad f r ny hmjp agalnat the Party cosala*
sery for the Uniyeraity Trofeeaora. :5« had alreaciy rt^t^^^red e groyp
of reaaonable jeen anu aantec^ to ^'othrone him. Aooording to hia
opinion T -r)uld be of any usei for tlio« oAly aa a tteniber of the
Party, a aaya; * i alone took r -ine for hiei in the Kreialeitung
Mid thi? Ortagrivpo mnA mmHHm hx IhbX in uaying i. la accepted

m

aa an ♦•AnwHrter*

• SehraMi hiiuielf r^lo

not do anything for tl

^rof.SolHWMMi l»«g«B to fight ilth ua againi^t the weudonaatanbuna-
leeder** .

I vaa officially tol« t eae te6 polnta are of no iMportaa#o> T m
only point which renlly lea been conaldered la nojj^.l aaked if
any <!etalla are nentioniod in tr^i papera (wLloh can not be pro-
d«ood to mm) 9 but I waa toll that the deolalon «aa taken only on
the general linea of nation«U8tle and Allit^irlatie spirit con-

b)

«)

icti^d «ith iiiitl-d#ttoorutio inclif ?)tion nnA t' at no 8p«seial rmnTomeYi
iB auid««

Tiile «ak<i9 the question for t^ u.. outj uuisa em«ier> on t a otaer
rjore diffloult. it l« not neoeseary to rafute one of t^eee- deijun-
cietlone nom eo oomaon in Geraany or to clear up Aiatakea; it is hIbo
clear i or the Denaxlflcatlon Baairda end tne ai. -. , t )t I »i«fi on-
ly diaadTantacee : tie? KeglaMi and ei^a al«aya in fi^;ht v it/ t/ .^^ local
rert offlciale. ut I );©▼« to defend ayaelf agelnat e dlaerliatnatlon
%l.. is to unaubatantial that I hardly ean any anything aitainat
tlB^fL reproaohs.

a} In my ap-^wl .or reylev I nention#d that I vve p«Ulelietf elmee 1935
-^ thv printed pagea . .igl* Coronation, Kia^, of Iranoe, t^ai-

^, Gerateny and the World and mmy artic ) without a alngle page
9ii »l«lit hm ealled nation; llatie,
Ttie only aULlltariaiio 1 terns eXia2^^i^4H> - ♦ioned in »y book r
tlm exeroitue Hoiaaaoruai aaaiating, th^» corui.«tion and t ^ ^: nciburft
•♦Mrgerwelur'^ The first a' ' " laat poiiticia apeeoheii of rv li?e
were thoae In 193? agelaat itler, I neTor i^rote art Idea for ne«a«*
papera or oolitlcul laafatiM (exoept t^o or tliree about tae JlAgllr>h
eoronetlon) , 1 nrnvmr atood iMfoye adlo, i t ree tljiea refueed

eh*.n invited by Ifferent eectlonr of tJie ao-oi^lled :.rle|taeln»At«
der ueiateaelaaenaehaften to >$rit« articlea for th#«ir books*

Especially jl uid not co onythlBii; Is^syeaic bx - or c. letter in feTor
of the iehrmaobt. 1 nado only ^y exarclaea ae a i.ej rve officer - .«*,n
I eaa called (if I >ioul! not have e<uaa» ^ have keen ooadeaned

*y a iVt If^rtial} end in 1939 I was called up aa everybody. Thia
milit . aervice uaturally ees without !^ny conneetion elth Ay temeh-
in£ (quite the aatae ae in oth^r countriee).

And laat not leeat aqr^attti-donftocrfctic feelinga: it ae^^na ratKar
atran^a to aaawliody who ia^ ao intimately connected frith !aJi>urg to
be ut tacked froai thia aide, but X can add that iaakin^ apeaahaa
acalaat itler aiMma to a^i a clear counter er^;uaiaat» and that I did
aot eianga my opinion ies proved by my duAux^ book (1944) in which
every reader ean read betaaan the liaea aiy ayspathy for liberallaai
and aalffj^overaiaaat*

'^ne OMila point is that 1935/4 - aa yon alll naaailir the real Ifasla
aad the opinion t ^at I ought to bo throan out aa a interni.tional
and daaaeratic profaaaor i^^ith an lacliali O^.riatian na«a gaiat to
foreica df^crr^.^ \ eaaatantty reading the TiMia and . avlng friend a

rounhout tne .^orld. Thla aituatioa case back 1944 after Julv

<.'u/ aa

r^y aiater*in*lav aaa aantenoed to death both ay aife and I baaaaia
aaapect, beeauae there aaa a denuneiation against ua« v^ithout the
r»elp of agr canerel I aould have dropped into aMbre troubles baeauaa
the lieai i^aetor pretaadad to be offended by ay reproaehea. aa m^A
others tried to eve mm dinaiaaad aad the **>a^ialaiter'* trreutaaad
to inflict Ippaahaft*' upon aiy wife, iai thij* aaa cro«iied by t],e
i]:eakine doara of the Third R«ich. Taelve years of i HaglM m^rm

f^iahed f of excitaaattt but leaviati. i^e in ti;* ^^ itian I bad got
before. . ^v^a^ary to aay thr?t after 1933 I n^^mr i^ot mim of the
^•••'^•^ poata of the univ«r»lty, i.«. ,^an or one of th#* lower onea)
t ough acoordint: to ay age and reputation I had tha rigat to expaat

I think all thta la clear ror everybody aba kaaaa mm or ay booka,
aad if a ^ollicitor would have t# prove and doaaaMitaia what ia
aaauaad, tba eiianoes would be for aa. aut I aa not in th legal
aaa^itioaa aa are aeeustomed to, but in a situation in w i rave

t# prove that reproaehea aada by peracma uatiBaaaa to aa and told
to mm cmly in general aiaea are not true i.e. in which tlj- chanoe is

- 3 -

"J?"* ^ygr^'^r'J o- '-" * jiith ^oj^body of * iti«h "r th/u!r

i^ll.uOT. , St tr.n w«r«aB Boards ted no obJ«c lans •{{•last as.
5) thut ti . iTerslty wishss to !•▼• m rootoroo into Ir"«^i-
•Ition uiul li.at both ti« Rootor sad tho l)»an told the ifduoation Offl-
ef r trut t li. t» An unjuet o«s«. What is said ugulriBt ae must b«
y - loiationa of falsa f»ot« or nlslnterpr«ttttloiis of r»«^

^.,i •«toot do ■or* than to put ja> books to the tost nna to orsaAnt
•tin M»r« osrtiflcat«s m «> fHTor as bafor.. but ju«raa l hJU
writ ton so auob ao ona will iiJcs to control then, and aa evon tha
opinion of tha Motor and tha soan had no Influwaoo (ianMB oartifi-
•*«! *?" bo of «• tt«i. i. tuor »for». wist ask you to wnd '"
•ffldaTlts {or certifleatas with som staiipa •• Istjitlmatlon) thet

Urlstlo or antl-d«»oor«tlc rwmrks in my publications. I noul^ ba
thankful If you woulri add aoa^ linos about «y oRtliaatlon in foraian
••ttBtrlos. Tha ganaral iiltuatlon b«la« atlll vwry t«ns« for us f.ar-
Mtaa i aould not ll.£« to writ* to otiar parsons «no nora forasTlyi mv
friands - not «ran to ta« rburs i4br«ry which .11 ^ not snswar »>U«
I ••Bt a «tt88tlon. but ^ftrhaaa you can stinulnta still otHor Mrsoos

«.!Ti*! *»?-^«f«f»»« ••rtificatas. I'oriMrly I would bava adHreHad
■jrsalf to t.e follovlac goatlMMn: -

» ♦

1)

Frof.v>riiy v>oj£<y|rce, uorth ••st^rn JniTorslFy , svT"' town (111*)
i^#f^Dra^t0tfhoir, ij^aHnon (Vl»c. . paOf libtoFT of ^Tt i

Great irlttiln.

i > Fr •,!• Foil 1 oka, oriel coll
i rof • LaG >Wiotehan l^g^, ?oxo

9 fixfojrd
Hl«e, ^

Fr of 0(1 a ?: rriic loiMt g , formerly CntabridM«

i rof aAoL.p

Frofoda "*

Frofa^o ,^fcxt»r. 71 . outh ^tr«ot,

Frof.Jf.jBi.BOTif, |6 Taviton ..tr«at, ..ori

Frof.iti^^'a^^iynei (<!«r byzantlnlst ; >lt»wi

Frof.Y. ■a'.t'abraitHs 12 iMmrm^

ITot^^rn^T /aJaoob, Unl virility

111 I uxford

X u

i^ 5

U^OOtla )

iulri?, „or:
tn«lt«»r8, _^ '"^^J'diiddlesoT
HUma, - d inbuTfi^h "4 TScotl
iest#r llmt w eestorban

Prof.rraa^ols Cranthof. 12 Hua Jaoquas Jordaans, l»ya»U.tt.
Profs If a B> iMsff> a»lB9tn«t i;>, ^£lS!2ttitffil

franc
^of.

Vi'itloftn.

Pttl>Tk>

u worboim©, lOd.BS d« Courcell#«

17c

•o 7f Byi^y

rof a i^ie^ ££i££t oliiortvey 6;^,

n

iTof. ..avdun ohta Mlnlator a.P. JUyaator bai oslo

^ ?" l£j?!**f"" t.""*^ f^TSSK. Jlten^aokar. i riest r«^ut^~ «y/c»rT

■ r.smifn, iaaald,but a Is 12 yaars af o end i lotit th« ooataet.

• 4 •

1

(Th« pr ivat# • '^mmmm mm thoM of 1 _ }
Mrhaps th^sa i.©rft ..^ will find still ot^'^'r historians rmt^y to
add thsir slsnature or to wrlta a apaoial Q.xvifioata. It It would
ba possible to gather quite a -r^.-i/^rA% f opiniona iiv lay favor
perhaps the ^.il.Gov* would be ready to revise tlieir deoision.

It iii not neoeaaary to t*>ll you hoe painful it la to »rite auch a
letter, tmt I an Married a&d have 7 aona am! in isy house we live with
all tne refugaea we took Into it, 1I> peraona^whoae fortttt^ SMve or
leaa la bound to ay fate. Already for two yeara I hitve aot i^ot any
aalary, i am living on the reji^t of tlm privcte fortune nade b^ m
Craadfatner a hundred yeara a^o: now it is bloclced. There la no
ehaaee to ttet ©r., oi.mt job. .ne Arb«$itaaait baa the right to glvr^
Me any manual work thay jl^'^^o. 1^' houae may be taken by the kll» ;•
- togetter with the furniture needed by the aoldiera who are ir ti-
ered with the lioitae. ioa see the deeifilon againat me meana danger for
14 other peraona from ?7 to 14 yeara down.
THe balance of fate is now like this:

1. It formerly attacked aa Inoliaod to coastf^puJiitioBl feelinga, mov

thrown out as a Nationalist.
P. >'y married alater firat bombed out, t. nj. settled in my father ^a
house t now thrown out* bt^cauae this uouae belongs to the araa
taken in umburg by the j^il.Gow.

Ky aaawirrled aister fowaarly haorl nurae in Balwlaberg near Potadam.
Thrown out aa a christian by the Communlata building up now a new
organi&ation in j.mburg.
4. My eldeat slater-in-law acntenoed to death and killed by the : zIb.
The next loa> 2 of her three aona in war-tisae, tr^ third r<ertained
by the l^lea in the village^ of tl e family eatatOt »om without
any subsidiaa and without any poaaibllity to cema to ua or to re«
oeive food or money from us,
?• My brother-in-law lost 5 of his 5 aona, oat of the family
eatate (ainoe the 14tn centur> in the family), first brought to
4rahamgelak, oaiae back weighing leaa than 1 ;. pounda, now in
aaneTa aa representative of the Oerrean Protestant Church.
8. The aeeoBd wife of ay fatf :er-in«law came to G5tt. aa an exp ll«c
paraoo refugee (her teeth ao awazsati: aeverely hurt by olftfth blowa
that aha gate now a aat of artificial tooth), with her 4 girla
mnA 1 aom, woimdod in the war amU ao mistreated by tbo I'olea that
he la still aufferlng from thie. Tbo aaea^d aoQ waa killed by i oles
»«fter the war.
That moans: there ia nobody who woiA# balp iw if I don't 4 et back into
my position and i cannot do anything aa 1 dx till now for the* atep->
alater a of my wife and th* ir motbor. The mi af or tana of my family and
tMo family of my wife would be general.

1 a4d to this letter aosie limes of the :«ector asking you the aa e
what I wrote before. The orlginala will be sent with copies of thie
letter by regular mail.

vould you be ao kind aa to aokmoaladge receipt of this l«*tter amd
to send tJM pmpmrB alwaya when yoM receive tuem in order ti at i .:ave
aomathlng to begin with.

Mith Lenel wrote me that my Ha«)Hisig Mook la in %hm poaaoaaioa
of the Coneraaa Library, ri^ere ia a long chapter (p.2ia-5i; about
Oormany and j^Jigland, and the relatione to ^^T^M are also treated
in the rest of tne book, a^b the mentioned book vaa finiahad wben Ham-
burg waa bombed out and oaa of my b<^f^t friamda killed with her three
childron, I would have ba4 a ^ood ahaaee to include aaaa ^national*
latle Aaervationa. Comld yom organise that thia book ia eontrolled
by aome experts or a aeientlfical orgmnlaatlon, if tbay can finf ? ome-

tulBC Of this •arx insln Jln^t a single aatlbritlfih fiord *i

Can I %0t Ml authiMitic copy of the beginning of J3«Tin« c;h«i*srlftln*0
first spsso i in rtiiftaMat (Oct. 5^)7 He «a4s kamm s letter of s c;enwin
Professor •xprssslnL » opinion aWut ths Wshrwicht. ...is Isttsr
vas wrlttsa by im m4^A^4 to ths Ai jlshop of Cliatsrbury. I nee6
the tsxt for mf defsiisa, ss x cannot got It here.

I ooneluds rspsatlng t^nt It »aa raally mrv painful for sm to
writs suoh a latter , but that ragardlr - - faaily o ,d all tba othsr
parsaas In «y qouss l thought it ay duty, i ktmm your intontlosia
bafora the war and 1 undarstooi by yo l^tt«ra ti at thay wars not
ehaaga4 by all that huppenad ir. tho iaaantl«a - this mada It aaaier
to write thin letter.

1

Sinewrely youra

H^Uf

tv^-t^

'^i ^/yi/^uc<^

>»Mi.t» wmM

MM-H

Der Rektor

der
Georg-Augtot-Unlv^jrsltlit
^armapreahar lir.J ^'5

ottln^aii, den J-4-47

o: rr^#aaor E. H.KsDtorowiGs
cerkelay iCaitf.)

Pr adhMMMT Bmm Motla^ala

Chicago (111.)

I.aar Slra.

1 want to attract y>Mur attaatlmi to the fast that tlMi Mil. Gov.

haa not confiraad the ralnatallatlon of .rof. erey i^BehraaiM
Waaiaiae - ._ it is aimouAced to the Uniwerelty - it ia not dasintbla
that he i.*? la a poaitioa with influeaea on Qeraiaft youth.

Tne niweralty d*aa not know the raaaon^ of this decision and Xamre'-
fore aailAtalna the opinion expreaaad in i . .eoorda of tJ.e iiaotor
and the Dean to the ^naziflcatlon COBMlttae. They are throughout con--
▼Inced t: at Frof .GahraMi newer gawa up e single point ot the aolentl-
flcal tradition in which u% nos been brotight upt that he did what ha
could f!o against Ra*Meelia«. The Utolweralty therefore att£iche# t: a
gjreateat walue to the fact t^«t rof.c raaai is able to contisMa hia
lectures and tiopes t.»at it v ill ha pmi >le to refute the reascma of
the decision 8bowe«-r«entioned. . c loat of.iichra»« woul: not be

ogly a lose to our Univftrsit> Ljt for the %hole •edlewsl rasearch work.

The Uhiweraity tiserafora t^ould ap reaiata awary effort .uu rould
take to clear t^n Interui^tional estiiaation of Prof .Schrasaa^a persoaal-
ity and aaientific work.

Lincerely youra
gaz. Hoa^ttann.

(Jprofeaaor Dr.] .Hoa^Hsann,
acting for the Rector;

By Air Mall

To

Professor E.H^Kantorcfwioz,

19? The Uplands,
Berkeley 5 (Cal.)

^'AKF.AND Vi». CALIF. '^^ N0V.1j54
645C PRlNV^^MJf'JK AVE

Lieber* 5RNST

MAX HADIN Lst eln Mensi^h^len fnan nieht ''eicht vern;essen kann,i3h
vermisse ihn ofljSchiPle i^m vie'' unl habe eln s^h^'eo^ites Gevisr^en,
lass man so garniehts la%u tut,sein Anienken i;.lie Wirkung seines
Geistes ''.enen.lif zu erha''ten.

Da ist nun sein Euoh: THit! JK'/TS AMONG THiil GREEKS AND ROMANS, las
ioh flip einen Sahatz ha''te:lep Umfanf des Wissens ,lle unbesteeh"' iche
Wahrheits'^ietDe u.seharfsinni^re Kpitik,lie ft rosso We^t-u.Mensjhenkenntnis
lie Fahifkeit las "'^sent "• iohe in grossen Ziigen u.loeh '' nt^teensnahe
lar»zus1ie' "* en u.ni^ht zu^etzt seiene ^iefe H^^manita^ najhen es lazu.
Dep Ge^enstanl, nup ansjheinenl histopiseh ,f^eht Im Gpunle a"''»e an,|^anz
besonleps abep Eupopa u.lie Mensohen im leutschen Sppaohbepei^^h .

Konnte nan nicht et-iras lazu tun:l) lie JEWISH PUPLICATIN SOCIETY
in PHILADELPHIA , lie es vep''ef!rt hat, zu einem Neulpuok zu bevfegen'es
lst vrie Du weist,''onp out of ppint) r^Klie Uebepsetzun* les Bujhes
ins Deutsche zu vepan'^asseb ?Vop Jahpen hatte ioh se'^bst ma"*, lapan
gelachtjwap abep nioht peif lazu,unl heut ist es zu spat.

I3h wiiple mich sehp fpeuen , ^ iebep ERNST, wenn meine Anregung bei
Dip ein Kjho fanle.

I

M-».t hepz'' ichen Gr'iissen

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Dear Dr. Kantoro^oz, *^*""*^y ^^' ^^^^

" Ar,nf nLr^^""^*! °°Yl' ^ ^ "^""^^^e you a little booklet on the
Armenian Churoh and Her Teachings". It is elementflrr/^^f f ll

iriulSli?Sr 'I "''' incidental information ^'0"'*^ .Tojer ' '"*
salutations, etc., may be of Interest. The author Ri^^II <!<
Manooglan. is a t^U trained man. (BtohmIid%in a^d'A^Jib:^ a^"

may wish to dlr^ot to him. His address is 97 Parrand Part-
Highland Park .?. Michigan. You spoke once, wh^nrnv father '.vrote

more":pe.^"i^in?orrK*' ^^°^^^"<'- ^^ X-' -^ the neerfoT"""
mor« speoifio information on som© aspects of Armenian rlfiiflV

end I am sending this booklet to introduce you to a^ou^ce Jf
such data, if you should need it. y u t;o a sou. eg of

I trust you are happy with your new turroundinfi:s and f»^T.ri^r,«
them congenial to your studies. ounaings, and finding

Sinc«r«ly,

R» J. Rushdoony

Western Shoshone Mission

OwyfiQQ f NeTada

[this side ofcard is

"■^*i.

Dr. Ernst Kantorowicz

Princeton Institute of Advanced Studies

Princeton, New Jersey

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PROF. DR.FRIEDRICH SCHNEIDER

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:<amill",W:a3aaB3MM

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Harvard University

The Dumbarton Oaks Research Library and Collection

Georgetown, Washington 7. D. C.

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S«hr T«r«hrt«r H^rr E«lleg« Kantorvilei t

Hab«xi Si« aeluan harBllehaa Daiik far Ihr« fraimAliehen Wort« su met*
ntr Ar^tit# Ss ist b«r\ihlgeiid imd ermTrntemd ftLr mioh^ das Intarassas ja&ar
Mlinaar gawlss xu salA^ dla auf dansalban Oablat tutlg^ die gleloha Art TOm
Forsohung traiban uad darln melna Vorblldar aind^

/ Dia FortasatuDg diesar Arbait haba loh aban abgaachlosaan^ aina klai«»
nera Studle Ubar dla arhaltan gebliebanaa Frauankronan /imtarar Tail dar
Staphanskronat Koaatantinaa Monomaohoa, dla baidan Dladaaa Ton KlaT und ala
baaohaidaneraa, aooh unrarOffaiitliohtaa Sttlak aua aiaar PriTataaamluBg/t i&
dar lab auch auf dia Fraga daa Ursprunga diaaaa Typua' uad auf dia Uraaobaa
da9 Tarsahiadanartigaa AAwanduag in Oat uad Wast /stB« ataufiaeba Daratallua*
gan mit Zaakaakrona / aiagabam war da ^

Aua darsalbaa PriTataaBsluiig warda iob naobaiaandar iBiaigziiaii uad
Objakta^ dia mit dar moaarobiaobaa Rapr&aaatatian ausaaaanhftngaa^ publisiaraa
dia alia aua StLditallaa uad aua dar xioraaximiaab*atamfiaabaii Epaobe barrtttiraaf
IMter diaaam ameb ainan rargoldatan bronsanaii Raiobaadlar, Taa Typua das Ad#
lara auf dan Wiaaar Auguatalia uad tou ainar gans wuadarbaraa Qualitttt^ ati*
liatisob in dar unmittalbaran N&ba des Nioila di Bartolammao da Foggia odar
daa Nioola Piaano^ Darf iob mir dia Fraga arlauban, ob Ibnan Balaga ftir Ad*
^ laraaaptar aua dar Zait Friadrieba II« aua dan Sobriftquallan bakannt aind?
In Ibram Buoba faad iab saloba niobt« Iob muss an dia BakrOnung einaa Ssap-
tara dankan, ua* soben daabalb, wail main Adlar waaantliab klainar ala dar
das Mnaaima ran Naw Tark iat, dan Goldaobmidt aainaraait publiaiarta und stiti
liatiaob slobar riobtig datiarta* Bai mainaa Adlar mdobta iob aua raraobiada^
nan OrtSndan ebar an Manfjrad dankan^ dar ala Baatarda garada ran ainar Adlar»
^ania baaaaaan war uad daaaan Riralan^ ao Alfaaa Ton Caatilian, aolobo Saap^
tar auob truganf

J

Immar mabr ziabt miob auob daa R&taal daa Onyx von Sobaffbauaan anl^

Iob babe rarsobiedana Beweiaa dafOr, daas dia Figur a\if dar HUokseita Friad#

1

i

rich IPI selbst i»t imd dass das Juwel eln Dokimeat fttr das Tragea de» Kal*
•er^ildes naoh sp&taatiker imd byaantinisolisr Art darstallt* Quelltnstelltii
ksnne ioh derfttr nioht* Es w^re dann ein etwas tthnlicher Rtlokgriff, vie dtr
Im Palle der Defensa axis dersn ^aohwels diiroh Sle Ich so ylel gelemt halie^^
In dlesen Aiifsats betoasii Sis wledsr mit toIIsb Recht, dass keln beirtlges
Blldnis for daa Eals^r In Betraoht kommt* Wsr sind dann abar dls Kaiser mlt
Bart, gana in Stil dtr ftidariaianlsolien Skulptur? lah danke nioht mar an
den Kopf Ton Acerensa, seadem auoh an die kleine Bronsebtlste, die ioh in
der erw*^hnten PriTatsammlimg rorfand; Wfcre nioht etwa an Darstellnngen des
Vaters auf Befehl des Sehnes sn denken?

Mein eigentliohes Thema bildfn alier seit Jakren die Porphyrsarkephage
Ton Palermo mad l^onreale, die ioh fOr Bumharton Oaks bearbeite# Sehen aus
diesea Grunde interessiert mi oh die Arbeit Ihres Sohtaers tfter den fransOsii^
sohen Bestattungs'-Ritns ausserordentlioMP Wird die Dissertati«i in Teramsseh«»
barer Zeit ersoheinen und geht sie auch auf die Frage der Denkmfiller ein? leh
hoffe mit dieser Arbeit bis Oktober dieses Jahres fertig in sein: sie war mehr
einer mOhsamen Ansgrabung als einer normalen Bearbeit\mg &hnlioh» In den letz-
ten drei Jahren war ioh deswegen sechsmal in Sisilien, snletst im Torigen
Herbst mit Tieraehn Studenten anf einer sohOnen Studienreise im Ansohliass an
ein £olleg liber die normannisohe (l^esohiohteli

Wann kemmen Sie elnmal wieder naoh Surepa? Wenn das der Fall w&re,
se bitte ioh mioh darttber reehtaeitig benaohriehtigen au wellen, denn unsere
Ob.iTersitat w^re sicher geme bereit, Sie au einem Gastvortrag elnzuladen •
Von Ihren Freunden ist hier Wilhelm Stein t^tig und wir spreohen oft Ton

Ihnen*

Hit den besten Wtlnsohen und mit Tielen heraliohen (Jrdssen verbleibe

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(24) KIEL

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Brown University

Providence 12, Rhode Island

History Department

January 5» 195^

Dr. Ernst K. Kantorowlcz
Institute for Advanced Study
Princeton University
Princeton, N. J.

Dear Dr. Kantorowlcz:

I am writing to you In order to follow up our brief
conversation In New York at the close of my paper on "The
Corporate Theory and the Old Regime In France. Of course, I
realize that you were looking for a totally different concept
of corporation and corporatism than that which I treated In my
paper. Perhaps we should somehow have made It clear In the printed
program that the session^ was concerned with the "brand of corpora-
tism as In the writings of Lousse, et al. At any rate, I was glad
to have your comments.

Relative to the perpetuation of the other corporate
concept, that of unlversltas, Into the early modem period, I have
no doubt that there are strong evidences of this. And I have even
come across certain evidences of It In the works of the Jurists,
at least by Implication. However, at the moment I am wondering
whether you know of any book which treats this concept as It
existed In the early modem period, especially In France. If such
a work exists, even treating the concept Incidentally, I am not
aware of It. But you may have some suggestions.

If you can suggest any published work which might be of
value In Initiating a study of this concept of corporation or
unlversltas In the^ early modem period, I should greatly appreciate
receiving this Information from you. And In any case, I should
be very glad to hear from you concerning this general matter.

Very sincerely.

I

J^

Professor of History

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COMUNE DI VENEZIA

VII CENTENARIO DELLA

NASCITA DI MARCO POLO

1 254 - 1954

ISOLA DI SAN GIORGIO MAGGIORE
FONDAZIONE GIORGIO CINI

II

Martedl 14 settembre

i) 1254: Venezia, l'Europa e I Tartari

(Cenacolo palladiano, ore 17.30)

Giovedl i6 settembre

2) Marco Polo: l'Uomo e il libro

(Piccolo Teatro, ore 17.30)

Venerdl ly settembre

3) Marco Polo, Dante Alighieri e la
cosmografla medievale

(Cenacolo palladiano, ore 17.30)

II Sindaco di Venezia, Prof. Angelo
S panto, e il Presidente dell' Istituto Italiano
per il Medio ed Estremo Oriente, Prof.
Giuseppe Tucci, invitano la S. V. ad inter-
venire alle conferenze che il Chiarissimo
Professore Leonardo Olschki, dell' Istiftdo
di Lingne Estremo-Orientali dell'Universita
di California, terra nelle sale - gentilmente
concesse - delta Fondazione Cini (Isola di
San Giorgio), secondo il programma a fianco
segnato.

Accesso air Isola di S. Giorgio con i seguenti mezzi :

Motoscafi (Calle Vallaresso) ai minuti 6 e 36

Vaporetti (Monumento a Vittorio Emanuele Riva
degli Schiavoni) ai minuti 13 e 43.

Vaporino speciale (Calle Vallaresso): ore 17.15.

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DEPARTMENT OF HISTORY

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Scarsdale,8.VI.1957

»t

Lieber Eka,

Herzlichen Dank fur Ihren Brief vom 26. V.

Mit gleicher Post sende ich Ihnen zwei kleine Bucher sehr
verschiedenen Inhalts — (leider hatte ich keine Zeit mehr, neue
Exemplare zu besorgen, aoer bitte behalten Sie diese, v/enn Sie Lust
haben)— die mir beide in ihrer |feise trotz manchem Fal;3chen Oder
sogar Abstossenden doch sehr bemerkenswert erscheinen. Vielleicht
haben Sie Lust, so e'cvas in den Ferien zu lesen. Den Bernanos kannte
ich schon lange,habe ihn eben vieder gelesen und glaube,dass er trotz
gewissen Sentimentalitaten (die Ihnen vielleicht das Buch so verleiden
werden,das£ Sie es nicht einmal zu Ende lesen werden,was ich auch
verstehen konnte) docft kein schlechtes Bild davon gibt,was Kirche
und Pnestertum auch heute sind. Auf Brooks Adams, den Sie vielleicht
kennen,bin ich erst jetzt gestossen und finde ihn,ebenso wie seinen
Bruder Henry Adams (The Degraaation of the Democratic Dogma, The
Education of Henry Adams, Mont St.Kichel and Chartres, etc. ) sehr
interessant. Ich ware sehr begierig zu h6ren,was Sie davon halten. ^
Jedenfalls,scheint mir,ist hier eine aesamtkonzeption,wie man sie m
amerikanischen Historikern sonst kaum findet. Ich hatte sogar Lust,
uber die beiden Bruder einmal etwas zu schreiben.

Ihre, Ted's und Pan»3 Bedenken bezuglich P.Grillmaiers
Rabulas- These decken sich insofern mit meinen,als es (1) vom Lowen
des Physiologus zum Christus am Kreuz doch ein etv/as gewagter Sprung
ist und (2) geschlossene Augen als Zeichen des Todes ja wirklich erst
spater aufzukommen scheinen. Was die offenen Augen der Schacher anlangt,
glaube ich allerdingu, dass der Einvand nicht schlagend ist,da nach
Joh.19,32 f. die Schacher bein Tod Christi noch nicht gestorben waren,
wahrend im Rabulas-Typ,wenn man die offenen Augen als Zeichen des
Lebens ansieht, eben das Auffallende ist, dass er vivit et non vivit.

Wir fahren am 11. VI. von hier vjeg.Adresse in Osterreich:
c/o Herrn O.L.Ladner, Havelgassf 13, Wien XVIII. Ich freue mich um so
mehr auf Europa,als die Universitat mir fur 1958/59 das "saobatical"
abgeschlagen hat; ich werde es wohl in 1953/60 bekommen, falls die
Welt und ich noch existieren; merkwurdiger Weise scheint hier
"sabbaticiDL" das Jahr nach dem 7. "Dienstjahr" zu bedeuten.

Mit alien guten Wunschen und Grussen

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StraBe, Hausnummer, Gebaudeteil. Stockwerk oder Post-
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Sdiliitersdie, Hannover 2. 53'1 Mill.

:54

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THE UNIVERSITY OF WISCONSIN
M AD I80N 6

DEPARTMENT OF HISTORV
HASCOM HAl I.

November 17, 1956.

Dear EKa,

^

I enjoyed getting your letter. But you must have felt
a bit pained in writing it, since you feared that I might be
disappointed. Rest easy: your remarks about Riesenberg are
well taken. I am not so severe as you about the errors you
point out, although you are right in being severe, ^fy main
woryy is about the value of the consilia. I have dipped into
a few, and have found them relatively unrewarding. It seems to
me that the full exploitation of them is a work of years rather
than one year; and it should be based on full maturity of
scholarship. Besides, Riesenberg should have done more MS work
than he did on Inalienability.

Incidentally, he submitted to me a typescript of the
text suddenly in the summer of 'fii^ ds> *$3, wheij I was rushed
and had to go over the stuff hurriedly. I didft^rb see the foot-
notes. But I probably would not have checked them because of
the lack of time. Ify main criticism of the published work Is that
there are too many quotations from modern scholars rather than
from the sources themselves; e.g., Calasso for Jean Blanot or
Blanosco. W^^h reminds me that there is an insufficient regard
for uniformity in medieval names. Nonetheless, Risenberg is a
bright, industrious boy. Perhaps he is a bit too eager.

I collected some interesting material last year, but the main
job was that of putting the finishing touches on research begun
long ago. It will be some time before I can adequately ^^^^^^ ^ ^^^^
on theories of public law and consent. I am handicspped byli heavy
teaqhing load here; also new complications because of a stupid
estfiSlishment of the Iniv. of Wis. at Milwaukeee — a branch, which
means extra meetings and trips.

But I am eager to see the book on the two bodies! As for the
long article, it so\inds too learned forj^ me. 3o save your money
and send it only to those few who are learned enough to understand.

Your carota quae non moritur is tempting. 1*11 take a nibble
as soon as the University will let me go again on leave.

Hope to see you in St Louis. Meanwhile, best wishes.

Sincerely,

|l

i

D

^!UMJUy I ^it.

1

1

3 Rubislav/ uen i^-oi'th ,
ABKKDSiuIM ,

Scotland.
Boxing Day, 195iT.
My dear Kantorowicz,

I have not replied earlier to your kindly letter of last month be-
cause it contained the breath-takinpr sufrp.estion that I should seek shelter at
the Institute from undercrraduates and, still more, coirmittee meetinp,s for six
months and do nothing but what I would like to do in advanced work. Ivlany gj^efs
ago, as Dylan Thomas would put it, I sat my Finals in September 1923 and hied
me away to London for research and six months later was offered and accepted
a post on the university staff at G-lasrow. V/hich was all the *free time* I
have known in over thirty years. Which simply goes to shov; why I should find
your suggestion so exciting. For I would like to come again to the States. But
not next Year, the session of 1957-1958, for I am entangled v;ith too rrjgny com-
mitments, academic and domestic, at the moment. I became free three weeks 3.3.0
from resoonsibilities connected with the 'Official History of Northern Ireland
in the Second World War'; not that I wote the dull and ephemeral thing but I
have been Chairman of anA Advisory Committee which for ten years has supervised
the production of it in the minutest detail, and I had to read and criticise the
whole nuarter of a million words of it four times : typescript, galley, page
and revise. With that done, I was able to rest me merry this Christmastide.
Three v/eeks ago I got av/ay to London to look up some points in connexion v/ith
the fourth volume of my Select Cases King's Bench and the entire MS. is now
happily away to the printers. I have a vain desire to remove the inherited
assumptions of centuries about the development of criminal justice in the
thirteenth and fourteenth centuries. The basic fact is quite simple: the king's
bench had no original jurisdiction over indictments until 11523, though it had
functioned in its reconstituted form since 1234. I have tried to say why. And it
is curious that Bolland - and Pollock and Holdsworth after him - should say
that the king's bench did not hear bills as distinct from writs when in fact
it had to divide itself into two tribunals in 1336, so heavy v/as the bill work.'
I hope to read proofs and orepare indexes and the other tedious work in the
early months of next year. I have, indeed, the cases and translations of the
fifth volume in page, but the Introduction will stick me until I can get clear
in my mind who looked after the king's interests in his courts before 1278
or, at least, later Henry III. I expect it v/as the .judges themselves until
royal attorneys and royal sergeants were appointed, but it is very difficult
to w^te a connected and provable story. And shortly Richardson and I are
proposing to commit academic suicide by publishinp- a book on the good bispp
Stubbs: I wished to call it 'The Dead Hand' or else just 'Mortmain' but Richardson
thoupiht this too flippant or journalistic and we have settled for 'The Medieval
Governance of England'. I mention these projects because you will then understand
why Fleta rroes along so slowly and why I cannot immediately spring into action
uoon your prooor^al. But I do like the notion and if the Institute asks me I
shall be off to the ViceK'^'^^ncellor here at the double.

You doubtless know about the Yale sucrgestion for photoPiranhing Wood-
bine's text and printing it with a translation, a translation which will not
follow the text but be based upon improved readings here and there.

I do not mind the results of the presidential elections of L956 : it

coll

judgements of my academic fellows on the contemporary situation] "lt"must'be
nice to be an idealist^ you can^ then ^lismiss the horrid facts from consi^lerat i<

A S<n^

"^ftAA^ C^

AVION

AIR LETTER

AEROGRAMME

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Second fold here

Sender's name and address: ^..'.^ ' °^*^lP^ <

AN AIR LETTER SHOULD NOT CONTAIN ANY

ENCLOSURE ; IF IT DOES IT WILL BE SURCHARGED

OR SENT BY ORDINARY MAIL.

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umfpnr-oich und pch^-^er ir — offentlich A*t er ".iu^trin ntit-"'-'
weix - . ;nit der Drucklegung bei Zink F!teht,weiia ich niciit.

Interessieren wird Sie ein Ar^''- -'^ von DUrig,r)er th(=^oloAifionp
At;- -^ - -spunkt der mittelalterlic .iturgi .^"
rie.:rs crier als Vicarr •• ")ei iHif^toriscfies ' vbru- )174-187.

""m neuen Jahrbuch :i " tike u.Chri 1 (l^'^S ) 127-0 ist
}\e2ension von StornTiel tjber GriLTmeier ,7, ;f ^tl

nicht ablehnend.Aber di^ s i^hyj^io.l o>:n3c,«] ' nt

er ab.iv'ir 5-.-^heir!t bis .ietr.t inkier noch das richt , .s er

-t :i t:?-: lich ,- staf'^elte Krf^-: .^^nisse senen

eu^ ein und d: Ihe ">.ii?:iert*: Schw: laltei , -r^prtr^'-^^^ .

die ja auch 7.eit3 nicht 7.\ _ :.men^or^n,sind heide .....Stor. . ^r.
ein tt^ohtiger ann. Sohad^ , ^..?,s er schon eterben mupste.Lesen Sie
auoh seine ausgezeichnete ,vernichtende Kritk tiber C. Schneider, Gei-
ptesgeschichte des antiken Chrip + --:tuTns! In dem neuen Jahrbuch sinr
tjberhauDt interes^-^nte Di^' -^ . -

tlber den lebenden and luut;:. -Jhristus
auch viel in dem auch von &rillmeCi"=^r i.^
ten dicken Werk von E.Sandberei-Va^ l\,La
fVerona 1929) 218ff. Herr De ^Id Tjrird es

Seiten stimmen nicht, merke ich gerad€,di^ Seiten bezi^hen sio: A
ihre Behandlung der ' s Sie ja auch interessiert.Sie

stel]t Typen unr .nflusse 2est,aiinlich vie Sie, Aber liber den
lebenden und toten Christus am Kreuz sDricht sie auch.

Mandatum«Antinhonen 5 jcb bei Albers jConsufetudines monastic
IJ(l9o^) 18 ff. ;IV(l91i: _ ruttuariai. :T,Leuterman,Ordo Casinensi
hebd.maioris ^ Miscellanea Caspinese 2o(l94l) 4o-41.

P.Thomas Schafer sagt^ ^1-- in Beuron,eine Frau Giess arbeite
schon jahrelang liber die 1 -.w orraiDhie de^ ^isswaschung in Horn und
mlis=^e wohl bald fertig sej^

Die Ostervigil des M.^T:-^ ^s:
hat 3o Sei""- - -*-- "' nuskript
nommer. wire . wenn nicht , suche 2 or.
etwas ausfTikrlich Bachen,^" • t man
ordo = der Mainzer Ordo im romisch-deutsche:

■\.T e u z f a n G 1 c r; zu 1 ai i : ^
-altera turb^^richt ziti^r-
croce dipinta ital: ■
kennen und h§Den.Nein,di-

a^

^ern

V- r. ^> I
J.±C3 N^

hi

?n. '■ ^

rier
,10*- nss nicht, ob e.^
len anoeren Platz.Tch ste e^-
mir iie Gleichsetzung teutonic

ntifikale des lo.fr.

nicht nur glaubt ,sondern ^_ ieht.Der 3- XIV der Pal raDhie
musicale brachte weitere mt'^ressante Dinge:Die T'elodie des'ersten
Teiles des Exultet (Invitatorium oder Prolog) ist die etvas weit<=r-
gebildpte beneventanische! Di^ tation ist benev^ntanisch! Dazu
papst neturlich dann daB normannische Exultetfinale.Bei manchen
^ebeten oe^^teher. :.^zie^^:-^.r-r.'r -^im Rite of Sarum.Leider konnte ich
denen nicht waiter nac: . . ._ euron hat auch nicht alles,was ich
mancmal notj™ hatte.ui.v. ich musste auch nicht noch mehr Platz be-
ansnruchen ur ie Zeit drangte auch sehr.Zum Termin bin ich so wi€
so nicht ferx-.^, gewizrrden.

Ich war nur 3 Wochen in r^euron.l\acn usxern vialleic^iX vn-

Jetzt musp ich wieder hinter den cod,Lowe,d,h. seir "•"
MisEale,damit ±ch i' -urn 80 oder nicht allzulh ch ein<= kl^^^
ne Beschreibung lie^ern ■ n.-Seir- - - ^ i
nicht.

Von A.Stenzel 3J ist er" n:Die .' ufe,eine g'=*netische Er-
klarun^• dei uflituj / (Felizian K^ . ^^8.

Besagter Band XIV, der uberhaunt sehr intere „nt ist,BDricht
S. 2P'5ff .auch liber das ^:andatum.¥erfasp«r ist Dom Hp^'hPT-t. d.h.Band
XIV der Pal^of^rp-nhie musical p.

>^ ^ A^ h/iz^M^ o,^ frC:^

^ 0^ Zu-hX

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LUFTPOSTLEICHTBRIEF
AEROGRAMM

Professor Ernst H.Kantorowicz
22 Alexanderstreet

MIT LUFTPOST
MR AVION
BY Ait AIAIL

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Wenn dieser Brief irgendwelche Einlagen enthdit,
wird er nur durch gewohnliohe Post befordert

Absender; Leo Ei^enhcfer
Stift Neuburg
Ziegeltiaueen

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ZWEITER FAIZ ^^^

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Kempen Nrh
Neersdoniraer Miihle
l6.A]ril 1959

Lieber Herr Professor,

Es freut mich, das:j Ihnen der Ritzer aienlich w? r. Freilich
iiit seine Aroeit Husgezeichnet. Aber er i.jt personlich viul zu
bescheiden und scheu und etv/rs unbehollen, wie ich bei urioerer
einzigen Begegnung vor Jahren in Mfria Li ath. zu oemc^rken glaubte.
Das \vird .* uch ein Grund ; '^^in, v/: rum er noch nicht zum Druck kam.

Wenn Sie dt;. IniJ;go-Buch fur Durigs beste Leiutung h; Iten, so
mii.; :en liie Mohrmanns Kritik dcriioer lesen, drUic Is in den Vigiiiae
christifnte.Eigentlich w^r sie ehr schlecht.^yhema veriehit, a#h»
falsch gestellt. s lohnt ich, die AUi^f ihrungen der M.zu ies^n,

Auch ich habe d; s nciu-c; ^^Jf hrouch fur Antike und Christentum
mit gro.^sem Interesse und Vergniigen gelesen.Klauser hc.tte mir
seinen gro.-.sen Beitrrig geschickt, so ';mr:^e ich aufmerk^^cim. Sehr uu
bedauern ist d r fruhe Toa d^s Herrn 3tommel«

Die Saruin-Bezi hun -en der O^tervigil des M 379 habe ich
nicht, v/ie Sie mich mi:;, vers tan den haben^beiseite gelassen.Ich
habe siu schon erwahnt und verfolgt, so gut ich konnte.Aber wer
^usser letrus Sif rin konnte sagenrdie und die Oration komrnt nur
in dem una dem Buch od^r in dem una dem Typ vor? Una nicht uinmal
seine Initiensc-^nimlung ist voilstcindig, ich glLUL>e,aass er nicht
viele Oder o gut vde gar keine nichtgedruckten Hs hineingear-
beitet hrt.Solche neg; tiven Behauptun en .ind ungt^heuer gefuhr-
lich(lm n^iCh ten Lj acher Archiv habe ich ein^- Kleinigkeit uber
eine derartige BehcUptung d s Gamber).

Wenn ich alie diese Dinge <usfuhrlich h/^tte dc.rstelien woiier
ware mein Beitrag fur die Jungnic.nn-F stschrift noch langer gewor-
den.Vielleicht hlacte ich doch i U9 den Osternachtriten ujid -texLer
den einen Oder i^nderen auswahlen und erschopfena^r aarstelien
soilen.Aber es ware doch kaum geg;ngen,ar: zuerst der Kernsc tz
liber den Teutonicus Ordo einleucht nd oehandelt weraen musste.
Na, Sie weraen jAsehen,una ich bin auf Ihr Urteil,das Sie mir
bitte ungeschminkt schreiben woilen, sc;hr gespj:nnt.Einstweilen
ist es aber noch gar nicht ausgr.nic cht,oo mein Beitre^g vdrkiich
in die Festschrift ; uf genommen .vira, wenigstens habe ich noch
keine Zusage dariiber, da er nach limfang una Eigenart unter a^n

' i

/

K

lAO.

ubrigen Beitra^i^^^n, wie mir Fiijcher schrieb, etw^iS sperrig wirkt. Wenn
er da also ausgesp^prt v/ira, biete ich ihn zunuch^t aum Archiv mi.
Ich habe einen Durchschlag gemacht, den ich Ihnen -chon langst zur
EinBichtnc.limu getschickt h.tte, w^-nn ich der Annc-hme deii Originals
sicher v/are und ihn nicht noch ev.notig hiiatte.

Vorge.stern erhielt ich hier < uch Lowes zwei Aufsatze uber Beda.
Ich meine, vvenn e.; wirklich andere Tinte und andere Buch^jtaben -ind,
ist es schwer, dch seiner Schlussfolgerung zu versagen.Was haben Sie
fiir negative Griinde?

Ben Traditio~B: nd muss ich mir einmal von der U« B.Heidelberg aus-
leihen.Die Rz.der Friend-fii::Jtschrift v/ird mir P.Anselm wohi auch
schicken.Er nimmt c-lles sehr grundiich, das ist au-gezeichnet.

Vergangene V/oche woirde ich vdeder einmal hierher zur Vertretung
bis Pfingsten gesGhickt,nc tiirlich mit ^rossem Vergniigen meinerseits,
well ich mich hier auf dem L^ind sehr wohl fahle,gute Freunae habe
und Zeit und Ruhe zum Aroeiten.Allerdings keine Biicher.Ich habe mir
den Codex Lowe, st;in kieines Missale, d.h.den Film una mcine bisherige
Anal^'se^ mitgenoramen,um letztere mit Maschine zu schreioen.Bis alles
druckfertig i:;t, v/ird es i ber noch Monr^te d.- uern. (filer in,besser bei
Kampen hr.be ich ja f c ist den ganzen Krieg und die ifchkriegs^ahre bis
195o verlebtPas Stift be^itzt hier 2 Hofe, die verpachtet sind^

Das.^ Sie uber Grabf r hinrus noch etwas auo dem Maria-Maggiore-Bogen
herrusbringen, freut mich sehr.Ich bin immer gern en den Weihnachts-
tagen hingegangen,um bei der phanta^^tischen Beleuchtung(wenn sie auch
die F<' rben verfalscht )den Bogen und die Lc nghausmoaaiken zu bestau-
nen und Gr^.b^rs Inalysen am Originrl zu v.rfolgen.

Sonst falLt mir gerade nicht s d s Schreibens Wertes ein.Dc-is Seme-
ster am Institut \>drd wohoibaLd zu Ende sein.Viel Freude zum Spring-
tanz! Kommen Sie d^ses J? hr wieder n.* ch Europa,nr'ch Deutschl: nd?

Mit den herzlichsten Gruseen und Wunschen

^^//i /^ ^^^TK^ ,

PS .Betr.Sarum und anderer \u::llen kommt naturlich dazu,dc:ss ich
sie weder im Stift noch in Heidelberg habe, In Beuron fand Icji schliesj
lich Wickham Legg in der Vetus-Latina-Bibliothek! Aber man solite ilin
jederzeit um sich haben^ naturlich nicht nur ihn. Und das dritte eine
ausfiihrlichere Behrndlung hindernde Moment w? r der Ablieferun^stermin.
Dass ich wichtige Werke bei a^-r Ausc.rbeitung nicht imm^'r um mich ha-
ben konnte, war mir aus;,erst unangenehm. Aber es war nun einmal nicht
anders moglich.Das ist meine Apol6gie.Ich werde mich wieder rUf ein-
fachere Arbeiten beschranken miissen.

I

Stift Npnhnrg,am ll.Juli 1^^^^

Lieber iierr rrofepi^^or ,

^

Nachdera Ihr inhaltsreicher Brief schon vor ca aCcht Ta^en geKom-
men war, lief heute auch das Ms wieder bei rnir ein.Ptir beides^horzlichen
Dank,besonderB fiir die Miihe,mit der Sie sich dern Ms ^ewidmet haben^und
ftir die verschi^denen ilinweise und Korrekturen.aegen diey/Jnterlassungf-
Qunde'muss ich mich aber eich wehren: KlaiJsers Aufsatz in der Corolla
Curtius hatte ich bald nach seinem Erscheinen im Archaologischen Inst,
in H.gelesen.(Es scheint tatsachlich,dass Schmidt ,Hebd.Sca"ihn nicht
kenntjlAber varum hatte ich ihn zitieren sollen? Von den 5 Wiihrauchkor-
nern steht kein ».vort darin.ich hatte ihn im mstitut e:efunden voriges
dahr und habe ihn rair jetzt nochmals in der 1115 auf Ihre,,Verlustanzeige"
bin angesehen.Ich konnte ilin fBeilich irgendwo zitieren',aber kaum zweck-
voll.^ch habe ja m.W. nicht eOinmal Averys J:5ilderbuch zitiertlEs ist mir
sehrzweifelhaft ,ob man aus diesen lllustrationen etwas Konkretes ^'iber die
iJiinftigung der Weihrauchkorner oder liber den Zeitpunkt des Anzundens der
Kerze gewinnen kann.Vielleicht se'he ich mir die Avery noch einmal darauj
hin an in der 'iB,Also:Keine Sundejkeine '\eue,keine Absolution!
Nebenbeitich habe immer noch einen geringen Zweifel an der Richtigkeit
der Interpretation des Bildes bzw.der Bilder durch Klauser.Ob es nicht
doch statt wachskringel Kringelbrote sind?

Den Sarum Symptoms so31te man einmal uciChgehen, ja. Aber ich glaube ,
das tibersteigt meine Moglichkeiten.Die Hini^eise des Leccisotti ftihren
tatsachlich irre,wie 3ie andeuten. V/enigstens soweit ich ihn prufen konn-
te. Seine samtlichen Ahgaben uber die Lesunr;en(S. 368-369) sind keines-
wegs Sarum~Charakteristika,Crro3senteils eind sie einfach beste romische
Tradition, cf.tvlausers i!rv'angeliornr>g^itular^iiin paar echte Sarum-Char.
hat wickliam Legg in seiner Missaleausgal)e pTxiTIf . zusammenpestellt.

/

Es ist "sehr lieb,dass Sie lair die denoung des >'rere,The use of Sarum
anbieten.lch weiss nicht recht,ob ich ja sagen soll,denn ich weiss nicht
innerhalb welcher Zeit ich die 2 Bande durchackern konnte. Wenn Sie ihn
fur lan^ere Zeit entbehren konnten? Die norm.ale Dauer def? deutschen In-
terlfbrary Loans von 4 Wochen reicht sicher niqht.

'/i

\

Von einer,^ Festschrift Lowe haben Sie offenbar nichts erfahren,weil
Sie nichts dartiber schrieben.Vor einiger Zeit schickte ich ihm einige
T^'ragen be tr. Codex Lowe.Er antvortete ,dasCs er am Packen fur eine Heise
nach England sei und erst im Oktober antworten konne.Also ist er selbst '
mitschuldjwenn er meinen GllLck-wxinschartikel liber den Codex Lowe erst
post festum bekom.mt.

Auf Ihre in Arbeit befindllchen gena nten Artikel bin ich gesDannt.
Vorerst wiinsche ich Ihnen gute Erholung und einen Volltreffergewinn beim
RoulettesDiel.Was das Fischen betrifft,so las ich dieser ?age bei Dolger
Ichthys V 3o8,dass Plutarch sage: "Das Fischen ist in keiner Weise riihrn- ^
lich...Der Mangel an Mut,die Ungeschicklichkei-t- und Dummheit dieser TieiE
macht namlich ihren Fang zu einer schimpflicnen,entehrenden,eines freien
Mannes unwtirdigen Beschaftigung".Als ich es las,dachte ich, das muss ich
Ihnen alsbafcd schreibenlAber ich will Ihnen die Freude an dieeer wohl
sehr erholsamen und nervenberuhigenden Besch^ifti^mng nicht verderben!

Jetzt mache ich das Ms uber 379 fertig furs Archiv.Sogar Fotos kann
ich beigehen,hat man mir zugestanrien.

Zur Zeltsc^]age ich m.i ch mit'>i^ischen,Fischern,Schiffer^/«rlG Tauben <a^U
n.h.mit DolgerS/ Rahners und Stihlings Werken darUber,um die altesten lite
rarischen Zeugnisse festzustel] en,fiir ein"Echo aus dem Jahrbuch ftir An- ^
tike und Ghri^tentum" zu Klausers Aufsatz, wo er m.E.eine Stelle des Kle-
mens Alex. nicht richtig interpretiert hat.Ic^ habe schon mit ihm dartiber
korrespondiert.

Nochmals sehr herzlichen Dank und alle guten Wtinsche.

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PR««/cfroi

April 18th, 1^6C

Kr. R. Rosenborg
American E3q>res3 Company
l*? Ptrper Jarlsgatan
Stockholm, Sweden

Dear Mr. Rosenborf?,

I thank you very much for your letter of March 2- th FCR H yi?^?,] aiK
the useful infonnfltion vou pa'^sed or to me concerning the International
Congress of Historical Sciences.

Please find enclc^ed my application forms as well as 'mr ch^ck to
tl-ie amount of ^l^.GC coY^rinp the dues for oarticioation.

I also enclose a check amounting to 5<2C«00 (approximately Swed.Cro
lOC.CX)) as a deposit for the hotel* I would he very f^rateful to vou if
could make a rfrstrlration for me either at the Grand Hotel ('ny first chol
or at the Keisen hotel (secorc choice), a sinjp^le with bath and, preferal
with waterfront view, although the latter is not decisive. I intend to
stay from August ?1 to ?6.

I shall be comir*^ to Stockholm from Athens by planej but I ^ay br
my trip ar;d stay a day or two in Copenhapm and then come by train via
Mal» 'd. I believe that my travel agency has taken care of my reservatio:

I would be f?raieful to you if vou could let iM h«T« my Coupons d*l
in the course of the month of June, >)f>cause I an leaving Princeton on Ji
3Cth and rnail will not reach me thereafter because I am poin^ to vacatic
on the Greek islands, i rci please almail yi«ur Tetter.

Tlianking you once more for your kind assistance.

Sincerely

Krnst H» Kartxjrcwic*
Professor of History

{

1

/

KONSISTORIALRAT UNIV. -PROF.

DR. P. THOMAS MICHELS OSB

PRASIDENT DES I NTER N AT ION ALEN FORSCH UNCSZ ENTRUMS
FOR GRUNDFRACEN DER W I SS ENSC HAPTEN

SALZBURG

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BOTSCHAFT BRINGE ICH eUCH AUS DER HOME:
GEBOREN 1ST CHRISTUS / DES GRDENRUNDS HERR-
SCHER / IN BETHLEHEM JUDA / WIE ES DER PROPHET

VORDEM VERKUNDET HAT

IHN SIN6ET DER GNGEL FROHLICHER CHOR / AUF-
STRAHLET DER STERN eS KOMMEN DES AUFGANGS
FURSTEN / WURDIGEN KULT ZU BEGEHEN / BRINGEN

MYSTISCHE GABEN DAR:

GOTT DEN WEIHRAUCH / MYRRHE VOM LANDE DER
HOHLENMENSCHEN ZUM BEGRABNIS / FEINGOLD
DEM KONIG / DABEI GEDENKEND / WIE SIE DREI /
DEN eiNEN VEREHREND DREIEN DREI GABEN IN

EINEM SPENDEN

FULBERT VON CHARTRES + 1029

DaB Oer HellanO OerWelt une alien Im Jahre Oee
Hellce 1Q6£ Oen FrleOen erhaltc, roOnfcht zum
Fcfte Oeo menfchgcroorOenen Hellce von Herzeti

7. -7%mr^ MkdiUf. tfJ:'

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fris/i HDVj±sod 'oanazivs
9SO S13HDIVM SV^^fOH± d UQ ^ OSS3dOydSXVJ.ISy 3 AINH

BY AIR MAIL!

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Pierrn Profes'^or

Dr. Ernst V. + - --

-iibui-cute for Advv-iiiueu ^
Scho-' -^f Historical Studies"

PRINCETON 5 New Jersev
•JSA

Wlftat0mm~

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(/V\it. dtuni TOaU d^ kdiijqjm. cAmhi'^ULLS nan jUailaniL luiUdite iek (Libit cLdnkzn,
die, I nit zit nieuiet ^p&ldmm ^ra^e^ am 6. Ok/^ht and zat ^ol/endunxj uteinej
70. j£,i'lutufuJfte.s atii 28. Okto/ret 1962 dm ^Oaluuidenheli, Q^tauidselui^t luid
Mhlu, luLAjt^iidets aiu'k dutak Uiien ^SdJuuj ziti LolAXtniehajt/u'lien Cfiestiehdfi,
ini& mjpli(n\ Jtlaf^e qczdqt ludun:

,,10(1 J tne, icJi, mejui ixdi iujrIiU liaJ^t, uuunlt ieJi nnxjdJUn kiuut? c4hi>t hi dein, da
eim Jih/diat n^tg^ef/en will, sifht man. nie/n a/// die dnjetkemuiitQ. ah aitf das,
uxas et icuin Snfx;ek qiht. ^Jetui mcht uu'egt dije lOaJdtat leilut ah die jH(iyli(kki'it,
die (^ahi> zn iHtqeJhn, mdi ehii da/Lateli, dxifx nicux iR fjeilJui/t, die Cfxauidieha(ts-
qah^ eunidett mitd! ^ j

3/6 diejjet i^ewuiLuu; danklnmii K>i>tzens eui uuuqei ,,'VetqeIti ijoff" ykt^/J fC^^$1nl^4lil^

t^aUhiitQ, ^iloiwnhez 1962

\

ERWIN KOSKNTHAL
4 VIALE CATTORI

LtTGANO.
SIV I TZ K R 1.AN D

7t>^ "February, 1963

Dearest EKA,

■:- are back in our little Swiss home after
enjoying a two months stay in Nevv York.
However^ I left it vdth the great disappoint-
ment of not having seen you. Vve would have
loved to come to your home, with or without
a self -cooked unbelievably delicious dir^^^.er.
I phoned several times but the jingle of the
phone was the only answer I could get. 1
must admit that this caused some concern and
in my imagination I saw you back in the
hospital. At least I have now found out,
through Olga's report, that your absence had
a rather nicer reason: you were sw: Ing
somewhere around the Virgin Islands (frighten-
ing the virgins, I guess!). Thus I hope you
feel much better again and so does Msrrherita,

I w^ould not have come wdth empty hands to
Princeton. Just during the weeks of my
presence a little book of mine appeared at
Wittenborn's in New York and I wanted to hand
you a copy of it. Since this w^as impossible
I am m&ilin^ the book to you today and I hope
that some d:. :.^ou will find the time to read
it. In Kew York they even dragged me to
Fordham University to a broadcast and a very
inquisitive lady asked me for three quarters
of an hour about my little publication.
Friends said 1^ was not too bad; some found
it even good. I was the happy one who could
not lister tc it.

Too bad I had no opportunity of talking to
you. I especially v;anted to speak wi^ 'ou
about the large material I have, ::. . folders
of notes on the subject of early Christian
and earlv mediaeval book illuminations.

/

\

2.

Since I don't see a possibility of mttin^
everything togetxher into one or two^ volumes
I wanted to discuss with you the question as to
W'hether I shouldn't give everythir-- -" - that
vmir.^ man w^ho now works in I>.--'^--.rton uaxs .

We don't dare to nope xr - '- e yoi: - - this
year. However, since I found out that I
can sxiil hear the vicissitudes of a trip
to the States, I do not exclude another iournev
to New York in the not too distant future.

We both think of you wi tb nur w^armest thou-s:hts
wishes, and rega.rds.

4.

ER/P?

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BERKELEY: THE GENERAL LIBRARY

March 11, 1949

Prof. Ernst H. Kantorowicz
History Department
50 Wheeler^Hall

Dear Prof, Kan tore .vie z:

A couple of weeks ago I called to your attention a volume at my
desk with a series of articles on religious orders of the Netherlands.
Today I am returning the volume to the stacks.

For your convenience the reference which I thought might be of
interest to you is

BL;F

AS

A52

Ser. 2
V. 45.

Schoengen, Michael

Monasticon batavum , 1941-42. 3 v. in 4. (Verhand.
der Ned. akad. van wet. Afd. letterkunde. n.s., v. 46.)

Sincerely yours,

Bess Lowry, Librarian
Humanities Reference Service

UNIVERSITY OF CALIFORNIA— (Letterhead for interdepartmental use)

MILL S COLLEGE

OAKLAN D/-CALI FORM lA

3 Janiiary 1SH\

Dear Eka:

Over the holidays, I managed to read your
discussion of the "Autobiography" of Guido Faba.
You had told me that there ^.vas some nice detect-
ive work in it, but the article exceeded all ex-
pectations. If you had merely elucidated one ex-
pression in the university slang of Bologna in
the thirteenth centurj'-, that would have been de-
lightful and wovild have reflected credit upon you.
But to make sense out of two suoli senseless pieces
of jargon, and finally to explain the relation of
St. Kioiiael to gi'amnar is certainly one of the most
extraordinary feats of contemporary scholarship.
I am proud to know you I

Mrs. White joins me in sending you best wish-
es for the new year.

Cordially,

r -^

^v

TJnk Uhite, jr. i
President of the College

Dr. Ernst Kantorwvicz
?]\?]\ Ridge Road
Berkeley, California

P.S. Your "ivories and Litanies" arrived in tlie after-
noon mail, so I have a second treat coming up I / /

:T

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AP

''<'

V

An American Journal for the Middle Ages and Renaissance

Published at the University of Colorado, Boulder, Colorado

R. H. Bainton, Yale University

H. L. Krueger, University of Cincinruiti

M. L. W. Laistner, Cornell University

BOARD OF EDITORS

S. H. Thomson, University of Colorado
MANAGING EDITOR

E. W. Nelson, Duke University

Sidney Painter, John Hopkins University

B. L. Ullman, University of Chicago

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Nach langem, sdiwerem Leiden entsdilief sanft im 74. Lebens-
jahre mein geliebter Vater, unser lieber Bruder, GroBvater
und Schwiegervater

Professor Dr. Kurt Riezler

Gesandter i. R.
1930—33 Kurator der Universitat Frankfurt a. M.. Professor
der Philosophie an den Universitaten Frankfurt, New York

und Chicago

/

Maria Howard White, geb. Riezler

mit ihren Kindern Heather und Katharine

Northport, L I., New York Waterside Road

Professor Dr.Walter Riezler und Frau Edith, geb. Pauly
Ebenhausen bei Miinchen

Gertraud Riezler

Pelotas (Brasilien), Rua Gonzalo Chaves 766

Howard White,

Professor an der New School of Social Research

zugleidi im Namen der ubrigen Verwandten

Trauerfeier im Kreraatorium am Ostfriedhof Freitag, 9. 9. 1955 urn 11.45 Uhr.

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GRADUATE FACULTY ^-"^^""^ "V^

66 West 12 St.

New York 11, New York

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Note froTi Dr. Tlieodor Heuss to the Graduate Faculty, with translation by
Dr. Toni Stolpor, December 1955*

A '/ORD IN M2M0RY OF lOJKT Rir:ZLER

Theodor Heuss

Lot me say quite simply that I loved Kurt Riezler.

^•Jhen we saw each other for the first time, our student days Just over, he
intrigued me. He was then moving in the border regions of the German Foreign
Office, an expert observer, prepared to give advice on matters of publicity
to those vTho sought it, I was not among his clients. However, it was allur-
ing for me to watch his performance. Soon followed the second phase in our
relations, my admiration for his wide knowledge, ever at his command and never
overbearing, and also for the almost sprightly power of mental combinations
which blessed his conversational thinking with elasticity, yes, with sheer
elegance. He had the gift of improvisation, and combined with his intellect-
ual wealth this might have been a temptation to indulge in playful artistry.
Nothing of the sort I ^e trenchant sarcasm which was ever at his call - some-
times apt to hurt (and sometimes meant to hurt) - v^as his weapon of self-
defense against mediocrity and high-flown dramatics.

Ny admiration turned to love when, after 1918, as members of a circle of
political friends, we conversed, consulted each other on our work as pub-
licists. In this phase I came to know the high seriousness of his judgment,
clear of illusions, his vivid imagination for the desirable always under

•1-

Heuss: continued

the sober control of the possible. His impetuosity was restrained by his
sense of responsibility, even in the years after he had freed himself from
the actual responsibilities of government service. He saw things realistically
as a man of experience who in crucial years had a share in making the wheels
of government go round and with acute vision had come to recognize the limits
of government action.

VJhile appreciating its merits, the life of a government servant was not his
natural forte. He was too much himself, a focus of too many cross-currents.
To put it bluntly, officialdom was, or seemed to him, simply too boring. For
a venture into free political action ho was lacldng in ambition; perhaps he
did not quite trust his talent for courting ".the people" directly. Once,
when I saw him at his office of Curator to the University of Frankfurt, I
urged half seriously, wiiat a pity it was that he had so completely cut himself
off from active political life. His comment was th t apparently he was good
for such a life only in times of revolution. He agreed humorously with me
that a revolution could not very vrell be staged merely for his convenience.
He had been so fortunate as to be able to return to the world of thought.

I do not command sufficient knowledge or the comprehensive judgment on con-
temporary philosophy to define and characterize Riezler's rightful place in
it. But in reading his works, the beauty and enrichment I received lay in
the fact that one was invited to join him in his thinking. One felt his hand
offered in friendly guidance. No attempt at winning you over by suggestive
persuasion, no blindinfr brilliancy, no delusive mental acrobatics to confuse
you. You ambled along together, halting for a moment when a thesis seemed
to demand a subtle effort at clarification or some safeguard against misunder-

-2-

Heuss : continued

standing. And something: remarkable happened. Seemingly abstract cogitations
in the field of aesthetics, of espistemology - suddenly became endowed with
a certain corporeality, glowing in a genial light.

At times, when I summoned into my mind Kurt Riezler's presence, the beautiful
landscape of his features in their spirited and commanding intellectuality,
though overcast in hours of weariness with clouds of resignation - I would
say to our friends: Can you not see it? He is on leave in our midst from the
court of Lorenzo di Medici. This was to appraise the cultural moaning of a
•humanism' which rediscovered its mission in the affinnation and strengthen-
ing of the 'human?; the radiant enthusiasm for a new beginning of the free
mind over against Savonarola, terrifying image of dark fanaticism, -vhere,
oh where are we to find the sustaining forces in the uncertain balance of
insecure values? And hark Lorenzo's voice, now in encouragement for today,
nox^ in forewarnin:; of things to come - "Di doman* non e certezza,,"

-3-

«

Kaiser Friedrich der Zweite»

llg. Kin /wcibiindijyes Work ist orsrliionon, dns
<lon rnoin^cwoihton wolil zuiiiichst otwas rallo>
liiBf. Dor Voriassor: Krust Katiloronicz ; dor
Titel: «Kaisor Friodrioh dor Z\veito»; da.> Er.s<hoi-
imnpr^ialir: 19():V*. Ein ncnos Buoli? Don I'nein-
<rowoihton brin'jrt liruhstons oin Vonncrk am
ScbluB .icd<^ Randos ant* dio riolitijro Spin', dor
bc^acrt. dali dio llorsioUung: von oinoin «r<^pn>frra-
fi.sclion Bot.ricb>> Ijcsorf^t wordcii i>t. Koin Hinwois
darauf, dali hicr oin Work dos Jahros 1927
(5. Autlago 19:^')) wicder prii-^ontioit wird; koin
\'on\ort zur Xouau.sgabo, nur das urspriinjjliolio
tohit, und au.s^owo(disolt ist dio Widmnng:, auC
wolclio Ort sioh \M'7xy^. Don Vori'assor bat os niolit
jTodriingt, dio 35 Jaiiro, dio vorcraii^on sind, soit
or mit diosoin Buoli lior\H)rt.nit, ir^ond in I^otraobt
zu zielicn ; wa.s in dieser Zoit iilx^r scin Tlionia p^o-
<Uicht uml goarl)eitot wunk', was ilini st-llxst mx-h
dazu ein^iallon sein niafi: — wir erfabron es
nicbt. Dem Uneinp:*'woibten nia^ sohlioBliob kb\r
worden, wie wonif^: dio Jalireszahl 1963 aul' das
Titolblatt dos Werkes g^^hort.

Al)or fiir Unoinjrtnvcibto war Kantorowicz'
«Friedricli»-Buob olinehin nio lK\stinini{. Von violon
(robikleion wiirdo ot* golesen und bowumlcH, von

' Holmut Kiippor vornials Goorg Boiidi, Diisj^el-
tlorf und MiiiK'h<Mi,

violon (loloiirfon win<lo os '^osclwdton und m'pliin-
d<^rt ; voistaiKb'n \vur<U' os in <!ojn nnsiclitban'ii
BonMcli, I'iir don os nach doni Bokonntnis dos
Autors <^M-liriolKMi wai, ini <'<trolioinion F)onlscli-
land» (liouto kimnto dio Forniol bmton: jrolioinios
Kuropa). DaB os oinos dor s<di<">nston fJoschiclits-
wcrkodio^os.Jalirlinndorls war und gobliolH'n ist, sal)
und p^il»( ilini boi donon, dio das Si^num vorliiB-
liolior llistorit>giapliio in rodTu-hor KunstU»si<»koit
solion, koinon Krodit. DaB dor \'orfa>sor sich nach
oinifi^oni Zoj^orn ontsohloB, soiiu^ Darsiollunj? durcli
oinon /woiton Band, dor mit donkbar ffonauon und
vollstiin<!i<j:on Quollonansal)on autwartoto, zu or-
friiny>on und >o s<'itu* Arl>oit nobonhor au<rli als
wissonsi'ivattiicli oinwandt'roi zu orwoihon, das
nuiciito don Vonvurf dos «Aostljotizismus» niclit
riickiriinjrii? und vonvisohto <U^n Kindruck nicljt.
daB Kanlorowioz das Bild des staui'isclj'^n Kaisors
niolit nur zusammongosotzt, sondorn j^ostaitot luitto.

So stobt OS vor uns: f^randios bis zur An-
maBun^, durcbl'onnuliort. bis zum Manierisnuis,
vou d<^r historisidion Seliulo woiter ontforut als
von Niotz.sclio, dom Kosmi>s Dantos in Goorj^vStdior
FiFgrifTonboit zusjowandt; iibrigcns die Leistuug
oinos Dreiliigjahrigen.

Wir vordankon ibm Fiinzolnos: dio licditigo und
^oi-oelito Bourtoilung von Friotlriobs umstrittcnom
Krouzzug; dio Iniorprotation dos Justitia-B(^rifTos,
aus dom sich <his Staatsdonkon dos Kaisors und
woiter seine Kirchonpolitik horloitot ; die Zu-
sammonschau vchi siziliseber Domanc und Reicbti-

liorrxiiat't ; dio Virion dor nionschlicli-iibornion-cli-
lidion Spannung im niittoialtorliciion Monarclu>n:
urn in hall) zufalligor AuMvalil <loch auf dio Stul'on
dor Ausoinandorsotzung zu douton. Donn vor allom
lii'gt dor W'ort dos Buchos darin, daB os don Wog
zur gosidiiclitliclion Krsclioinung hin, vom schlicli-
ton Wortvor>tiindni> oino> Dokumonts bis zur
intuitivon Walirncluntuig <;ol)oim>ton Sinnzu>am-
nionhang.^, doutlich uiui kontroiliorbar vor Augon
bringt.

Oanz al>go.>ohon aI>>o von dor Tat>aciio. daB o>
oin voUkoniuion ornst zu nohmomlos Bucli iihoi'
Kaiser Friodrich II. s(Mt dio.-om nichf nudir gouobon
hat, wiiBlon wir auch koin Work zu nonnon. das
oino gleich unitas.stMnlo Ijut iilirung — oigentiiclj
wohl «Initialion» — in die Mitglichkeiten und in
dio (rei'ahron der (larstoilondon (loscliichtswissen-
schaft wijro. Obwohl dio Mcnliiivistik in dioson
35 Jaliron auf ganz neuo Fiagostoljungon gokoni-
mon ist — obwohl man nur Fornand Braudois
Buch iil>er dio Mittelmwrwolt zur Zoit Pliilipps II.
aut's<'bIagon muB, um zu ahnen, wie ein «Frio<l-
rioh», der das Datum 19(53 mit einigem Hecht auf
dom Titol (riige, ungc^tahr aussobon wiirdo: niclit
wioxlorzuorkonnon. Das Faktum boslejit, daB die
Annjibcrung an das Vergangc^ie, die innere Arl>eit,
dio bis an die (Irenzo des Verstcbens iubrt, von
Kantorowicz in ihroni Gesamtvorlaui' vorgoiiilirt
wird. Und mag die Grenze des Voi-stehens einmal
don Ix'sor beunrubigon, liovor sie der Autor or-
konnt: oIkju so zeigen sich ihm die Gofahren, und

1>osondo?s dio dov
iud!oimii<-}io Gcuoi h,
bar ist.

Hybrid, ohn« welche das
dos llistorikors niclit denk-

Kleine Chronik

TajziiriK dor Nol»oIprei's|raKer. r/// Am 5. Jidi
y:ing dio 13. Tagung dor Nobel proi>,tT-iiger — dio
fiinltc dor Modi/.inor — zu Kudo. Prof. Fross-
mann, Dii^soidort", hat to iil>or dio «BonandIung
mo<lornor Kno<honb?ii(JRv> go->pr(Miion und dabtu
horvorgohol)on, daB man dio Vorsorgung von Un-
fallkrankon ni<dit alloin Unfallspezialislon iibor-
lassoii, xdidorn alio Gliiruiiron horanziehen sollte.
Prol. Honch, Kochostor (I'SA), hatto «Xol)en-
elTokto U'i .Modikamonton» bohandolt, woIxm or
auch dio Tlialidomid-Pra])arato orwiihnt hatto.
T*roi'. Hucklo W( llor hatto das Thoma «Bedro-
hung dos Kindes im Muttorleib durch Viron» or-
iiHorl.

«Promio Sirej5a». «// Dor ita lionise he Litera-
turpreis «Promio Stroga» wunle der aus dem
Piomont stammondon Schriftstollorin Xataiia
(i/nrhurg fiir ihr Buoh <!iLc'iisico famiffliare^, das
die Geschichto iiirer eigonon Familie erziihit, ver-
liojjon. Natalia (Jinzburg hat sehon mehrere
Romano gos<diriolx'n.

EliiuMfc. ag Der Priisident dor Brt^gonzor Fost-
spielo von dor Griindung im Jahre 194G bis zum
Miirz 19(i.3, Kommorzialrat Dr. Julius Wachter,
ist in Wiirdigung seiner Verdienste dureh deu
iistorreichischon Bundespriisidonten mit dem gn>-
Bon Fhron/A^ichon dor Vcrdiea^^te urn die Republik
Ocftfterreich ausgezeichnct wordcn.

^. M^' /Uj>

Verwandler der Welt?

Ernst Kantorowicz: ..Kaiser Friedridi der
Zwi'itc" . Zwei Bande. Fotomechani-
sciier Nachdruck. (Verlag Kupper,
vorm. Bondi, Dusseldorf, 1963. Bd. I
= 652 S., Bd. II - 336 S., Bildtafeln.
zusammen 65,— DM.)

Das Wiedererscheinen eines vor mehr
als einem Menschenalter geschriebenen
und sehr bewunderten Werks ist immer
ein Wagnis. Sind die Seiten vergilbt?
Leuchten die Farben noch? Besteht das
Buch von gestern vor dem Leser von
heute? Diesen Fragen stellt sich „Kaiser
Friedrich II." von Ernst Kantorowicz.
Der Verfasser war Professor der Ge-
schichte und er war Jiinger Stefan Ge-
orges. Fur denOrdinarius zeugt der dem
Hauptband beigegebene Erganzungs-
band. der in einer Akribie die Quellen
verzeichnet, vor der jede Kritik in hi-
storischen Seminaren verstummen muB.
Fiir den Mann des Stefan George-Krei-
ses zeugt der Stil, und es zeigt sich, daD
der Historiker Kantorowicz besteht,
wahrend der ,.George-Stil" verdammert'.
Diese Sprache klingt nicht mehr in die
Ohren von heute. „Erlosung im Volk",
.,Ersd-iaffung des Volkes als Erschaffung
des Menschen", die „kosmische Wieder-
geburt des natiirlichen Menschen" und
das „Schwingende, Liedhafte" in Fried-
rich II. — das alles klingt hohl. und der
schone, goldblonde Heldenjungling, den
dieses Buch manchmal beschwort, ist
Friedrich II. im Stefan George-Stil, der
der Geschichte nicht gerecht wird.

Wo Kantorowicz sich Nietzsche an-
gleicht, der Friedrich einen seiner
Niichstverwandten hiefi, wo in seinem
Buch NietzFches Obermen.sch, wenn
auch in der Formel des „Verwandlers
der Welt" aufdammert, schreibt er an
der geschichtlichen Wirklichkeit vorbei.
Der letzte Stauferkaiser hat die Welt
nicht verwandelt und war nie der
„dominus mundi", der Herr der Welt.
„Sein Weltreich war Italien", schreibt
Kantorowicz, selbst den Tatsachen der
Geschichte getreu. Es war nicht einmal
das ganze Italien. und in Deutschland
ist Friedrich II., das .,Kind Apuliens",
der in Palermo Aufgewachsene, der
Konig des von den Normannen ge-
schaffenen, von den Staufern erheira-
teten und eroberten Stidreichs am Mit-

telmcer, nur zu Besuch. Als der Kaiser
aus dem Morgenland mit Sarazenen,
Eunuchen und sogar einem Elefanten.
Bis zu ihm waren die Romischen Kai-
ser aus Deutschland. Friedrich II. ist
der Romische Kaiser aus Italien. Er
sagt, dal3 mit ihm das romische Kaiser-
tum an Sizilien gekommen sei. Er
nennt sich den nach Germanien ent-
sandten Kaiser. Sein GroBvater Barba-
rossa war ein aus Germanien ent-
sandter Kaiser, und diese Wandlung
des staufischen Kaisertums aus siid-
deutschem Friih- in sizilianischen Spat-
stil haben die deutschen Geschichts-
schreiber gemeinhin nie in der harten
Klarheit gezeichnet, daB der letzte Stau-
ferkaiser der deutschen Geschichte
kaum mehr angehort.

Auch Kantorowicz, der ein sehr
deutschbewuOter Historiker war,
schreibt von den nordischen Schicksals-
gfittinnen und vom ..Germanenwelt-
jahr", dessen Ende Friedrich ist. Aber
er erkennt auch hochst eindringlich in
Friedrich II. den einzigen Kaiser des
hohen Mittelalters, bis auf die Episode
Ottos III., der nicht nur dem Namen
nach Romischer Kaiser, der neue Au-
gustus scin wollte, und seine Schilde-
rung der spatstaufischen Kaiseridee,
ihres Kaiseridols des ..casarischen Hei-
lands", des messianischen Imperators,
der in den eschatologischen Glauben
seiner Zeit eingebettet ist, bleibt auch
heute noch ein Meisterstiick historischer
Erkenntnis und Forschung. Im Bann
der Sprache des Georgekreises verfiel
Kantorowicz zwar zu sehr dem Pathos
des „ma.jestoso des Lateins" der kaiser-
lichen Edikte, das nicht von wirklicher,
sondern nur von rhetorischer Imperiali-
tat zeugt und nicht vom Rom der Casa-
ren, sondern von Byzanz abstammt, der
staufische Dialekt des Byzantinismus
ist. Das staufische Kaisertum hat sich,
im GegenstoC gegen das gregorianische
Papsttum, das den Kaiser jeglicher
Majestat entkleiden will, sehr dem
byzantinischen Gottkaisertum angegli-
chen und hatte diese Biographie Fried-
richs II. auch Barbarossa einbezogen,
iiber den sie nicht spricht, den Griinder
der staufischen Kaiserlichkeit, so hatte
ihr derKaiserkult amHof Friedrichs, der

schon in der Kanzlei Rainald von Das-
sels aufbliihte, weder so neu noch .so
altromisch geschienen.

DaB Byzanz und Barbaro.ssa in die-
sem Portrat Friedrichs II. nur ver-
schwommen aufschimmern, ist sein
Mangel. Doch sein Vorzug, seine Be-
deutung ist, daB die Sakralitat dieses
friderizianischen Kaisertums sich er-
hellt. Friedrich II. grundet, wie Kanto-
rowicz eingehend schildert, die ,.erste
absolute Monarchie des Abendlandes"
mit Staatswirtschaft, Burokratie und
der unbedingten Gewalt des Mon-
archen, dessen Gebote und Gesetze nicht
diskutiert werden durfen, in dessen
Reich ,.keiner wagt, ohne kaiserlichen
Befehl Hand oder FuB zu ruhren". Doch
er ist kein „aufgeklarter Despot", er ist
nicht der erste „Philosoph auf dem
Thron", der Aufklarer im Mittelalter,
der „Freigeist". Kantorowicz erkennt
vielmehr, daB sein Vorbild der Kaiser-
papst Innozenz, das Papstreich ist, das
die absolute Autoritat des Papstes iiber
alle Priester im Abendland stetig starkt,
und nicht anders als der Papst verfolgt
der Kaiser gnadenlos die groBe Ketzerei
des hohen Mittelalters, diese unter-
irdische Revolution gegen das Papst-
reich, die nach Jahrhunderten als Re-
formation in das voile Licht der Ge-
schichte treten wird.

Gnadenlos verfolgen die Papste je-
doch auch den Kaiser. Nach Jahren
grausamen Kampfes stirbt Friedrich
zwar unbesiegt; aber zwanzig Jahre
nach seinem Tod erlischt das Staufer-
haus, die ..giftgeschwollene Nattern-
brut", wie es in Rom heiBt, in Kerkern
Oder auf dem Schafott. Im Gedachtnis
der Deutschen verschmelzen Friedrich
II. und Friedrich I., der Kaiser Rotbart,
zum alten Kaiser im Kyffhauser. Mit
Barbarossa nahm das groBe Kaisertum
aus Deutschland. mit Friedrich II. das
groBe Kaisertum des Mittelalters Ab-
schied aus der Geschichte. Sein Nachhall
wird, wie Kantorowicz belegt, Dantes
Weltmonarchie. Sie ist ein groBer
Epilog, der nur GroBem gebiihrt, und
Kai.ser Friedrich II. bleibt eine groBe
Gestalt der Geschichte. Er fand in
Kantorowicz einen groBen Biographen.

ALFRED RAPP

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FUMED IN two SECnCNS

EhKAMOR SJIIi'LEr DUGKETT, An^lo-Uaxon Saints and Scholars.
Macmillan, New York, 1947, pp. X, 488, ^i^.oo.

"The flowering hedges and trees of the English countryside...
were heavy with the green of late sum-ner as two nen rode
their horses along the public way near Lichfield in the
Midlands. The elder of Lhe two journeyed slowly a.d with
effort, for his years had long reached the count of seve. y.
Yet his eyes were sLill quick and ea-er, his ;.earinc nolle
and confident, as of one well accustoned to comand etc."
(p. 101). Professor Ducketfs book is better than this sort
of historical -ackart lackground painting would suggest. She
is thoroughly trained in Classics, has written on iinnius ,
Vergil, and Catullus : efore nhn ftxidll^i the "Latin .Vriters
of the ^^ifth Century"^ !*«ri-,'3I^f(|-i)a^5k successfully
through "The Gateway of the ?.;iddle Ages" (sixth century), *.. w
fi«»iiy. inched' forward (if centuries jiik he inches) to the
saecula VII-VTTT. it is^diificult to 9«^ why the Anglo-
Saxon Saints and Scholars^ inspired the author to cha ige her

. (/ ::er

new book discusses froTi

f02-mer sober historical style

a traditional point of view (Roman), in a descriptive and

sometimes long-winded fashion (see above), ^on the . asis of

"sound SChola-rshi rv" f or^,^ 4-y.

1)

"The flowering hedges and trees of the English countryside.,
were heavy with the green of late sum-rier as two -nen rode
their horses along the public way near Lichfield in the
P.fidlands. The elder of ihe two journeyed slowly a:id with
effort, for his ye-irs had long reached the count of seveaiy.
let his eyes were si ill quick and ea^^er, his bearing nolle
and confident, as of one well accustoined to conaand etc,"
(p. 101). Professor Duckett's book is better than this sort
of historical !.iackart lackground painting would suggest. She
is thoroughly trained in Classics, has v^^riiien on o^nnius ,
Vergil, and Catullus iefore nho s..tud.b4d the "Latin Writers
of the x-Ufth Century" sh^,
through "The Gatev;ay of the Middle Ages" (sixth century), <fc^ #/
finally- inch©^ forward (if centuries xxk be inches) to the
saecula V^II-VIII. It is^ difficult to ^-e^^ wny the Anglo-
Saxon Saints and Scholars inspired the author to cha:ige her

# kxxsx^k successfully

5? i:^

foi-mer sober historical style. 7/ Her new book discusses^ frcn
a traditional point of view (Roman), in a descriptive and
sometimes long-v/inded fashion (see above), ^on the i asis of
"sound scholarship" (see the wrapper, but also the biblio-
graphy and the full notes useful to all students of that

D

period), the lives of four great Anglo-Saxon churchnen and

scholars: Aldhelm of '.^almsbury, Wilfrid of York, Tede of
Jarrow, and Boniface of Devon. They are passed in review in
four chapters of equal length, about 100 pa^es each. In
th^se chapters the reader becomes acquainted, unless he was
so before, with the conditions and circumstances of life of

I

There are also two Indices, one "Persons and Places," a.^otner

"Subjects," not -luite complete, but useful. Puzzling is

the fact

or, at

in the sense of "Person of specified, usually undesirable,

bodily or -nental tendencies."

t that Mahomet - whom one wouLi expect to be a Person
least, a Placename - figures as a "Subject", nrouauly

\

each of those v;ell known figures. valuable are the side-

Inte.qration of those copagi:lr9^c

Fiances, most valuable the numerous vignettes of contempor-
aries flourishing around the four capital portraits, f^rrrri the

lOpag^rVons of history (some of them,
e.g., Theodore of Tarsus, men of considerable size and central
importance) into the lives of the heroes. All that appears
as one of the most attractive and instructive Ly-products of
a book which makes good reading^ a'f.oUG m].]^ for undergraduates
as 3.\^JjUUi^ Introduction into culture and world of thought of
Anglo-Saxon England between 650 and 750.

A crucial problem of historiographic economy is repres-
ented Ly the discussion of the works of the four saints and
scholars. Depending upon the individual taste of the reader

those sections may apoear as either too short or too long -

Ua\nC

too short, because new independent aspects could not possibly^
bei^^developed; too long, uecause they interrupt the narrative^
the author is aiming at. WlLL'iegard tiiJliU-^^^a i"i ^iitLGLcy*
^f(\\e historiographic method of surface description perforce
becomes inadequate. The vital problems are bypassed or re-
main unnoticedi t^h^rr-lrr^ ^^^--^rrrrrrr^ the inner tension and the
true vitality of the perioc^. Professor Duckett^discusses a
great number of those riddles which,. ><'■-» nr^^ people in those
days ^oTTheir "hidden truth^, and of which Aldhelm sent a
neat Hundred to "Acircius," ^, King Aelfred of ££1^11^2!;^// Q
land. But in Ut^ surface rendering s-^*^ ^^,^^\*^,^ the only
sentence of Aldhelm's letter which discloses his vit allty , (>r"
the inner tension which makes ajbdneim yo live ^-^A .fff ^^r^ •
poet. In that letter to Acircius Aldhelm discusses metrics^
and 1^ proudly asserts to be the first German tJ treat this

(C^ylM,

U

«

subject. Aldhelm compares himself ^-^w^^to Ver&x^ who^took
pride in having introduced pastoral poetry into uona.. liter-
ature. In this sense Aldheloi feels to be one who, princeps
ad Italos (or rather SaxonJ^rtTTr), has transiened a cultural
treasure to his kinsmen. This^ Aldhelm considered the live
essence of his calling, (|j| his"mlssion, " a fact which chanres

?)^V Aa^I

the -hole persoect^ve of Aldhelm's ".?il^le. -^oe' ry" and disci
ses the life-centre of the poet. ^ In a similar v.ay, the ex-

1

■^

t

ceedingly interesting controversy between Celtic and Roman
Churches, though mentioned by the author, remains flat and
discloses nothing of the Utic« below the ^'^^fape^.^nei^her
the'capnadocian--Uoptic" substratum of the Celtic Church(nor,
as Edmund Bishop (Lit.IIist. ) f^ it, the "ecclesiastical

ostracism; and "racial -tipathy" |,f^h^.^th^^Ar.g^£.an
jR^lx^riminatH^ against the Celts T -uuli nnt rn, 4^
.rofessor Duckett *««I^ offe^ Wj^detail. 'i-^-^^' r'^ry .

But the detail is no't' ^*fS^*i«^-^fta co'.-on denomi-

cnr

W^Xift brought into focus^ And th'
pletely fails to bind the details together .^ to brace the
four leading characters, fir it is not enough to say that
all four were Anglo-Saxons and "looked upon women with tb-

spect."fc^«^-mj^te^^*^^-^ll "Q^ ^'^^^ all-Xaa£-2resujiably liked

^' ^, ^^-h V.-; rncr ^Li:ith£., contrary j

iriQa cn^r^rp i , ao*/rocA<^ ^

M^^^^i^.^r^ ts a curious thing about ^^ "details .^^The
late Aby ferburg is credited with having coined .neA^atu
"God dwells in the detail" (])er liebe Gott wohnt im Detail) .
This does not rexer to detail painting, but to the fT^v as
contained in the ^. • >Vilhelm .evison in his last publication

subject. He writes that he may compare himself to Vergil
who took pride in the fact that he first had introduced
patoral poetry into Roman literature. Aldhelm th^:ip. feels to
be one v;ho princeps ad Ital^os has transferred Ro^an

'/

(Engl-md and the Continent in the 8th Century, Oxford, 1946) ,

which irofessor Duckett (Mij^d nut ^dl ' ' u ■ ^' aO(lu.iT!il:gd

¥*4ry^, has shown what fener^^ies indeed a detail -nay harbor and

how al^ '*atom", if yeTlnaood by a scholar, may flash unexpected

* -

energies right and left and make the reader^to hear the
crackling under the surface. ''iss Duckett 's book has its
qualities; but never does it break through to the layers
beneath the surface, and therefore it does not "crackle."

PRINCETON UNIVERSITi^ PRESS
PRINCETON, NEW JERSEY

Information for Sales Promotion

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Book Title: THE KI^'S T^' :ES: A Study irl^' 'i^evaT Fblitical ''l^eoi^^^^^

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Address: H2..Al£X£r.dfir..S.txe€-t, PriReeton^ ••Iv*J* -

Place and date of birth: * osenithQri.0^x-:.&ix:^r).yy..^...^y..li9-^.

Citizenship (This information is required for copyright purposes): ^>5*.A,

Other places you have lived: -^4 ph*. Berlin, Keid«Ib«rg.,..Fraxiki'.va^

Berkeley, California
Education and Professional Training (Please give dates, degrees, etc.):

Auguste Victoria Gymnasium, Poscn (Frdd.1913); studied at Uniw. Berlin, Munich,
Keidelbergi Ph.D. Heidelberg 1921.

Career (please give dates and exact titles): 193C Honorar-Professor Iniv. Frankfurt ''^-r );
1932 Crdinarius (Full Professor) of mediaeval history at Frankfurt. l>3u /xsitinr
Professor Oxford, £n§:la! 19^ Research Associate, Johns Hopkins Univ-rsity, Paltim-
cre, Kd.; 19^9 Visiting Professor, I9'ift-L^ Research Associate, li^-5i .rofessor of
ir^ediaeval history, University of California, Berkeley, Cal. j 19^1 Visiting Scholar
at Dumbarton Caks, Harvard University, Washington, D.G.; 19^1- Professor, School
of Historical Studies, The Institute for Advanced Study, Princeton, N.J.

Travels (please indicate if related to work on this book) : Too many to be recorded here:
All of western and Central Europe, Turkey, Greece etc. '^one directly related
to this book.

Published Works (give title, date, and publisher of booksj mention names of any magazines
to which you are a regular or frequent contributor) : ^

Kaiser Friedrich II, ^erlin 192? , Gecrg Bondi Verlag (6 ecitions - lICGC^or 2(XC0
fingl.tr si., London 1931, Constable; Ital.trsl., Kilan 1938(?), publ. ??°P^®s

(use reverse side if more space needed)

Kaiser Friecrich II; '. -v " d; ^ueTler weise ^jnc ExJcurse, -^^rlin 1931, Bondi

La^-y'Jes Regiae; A Study in Liturgical Acclanaticns and Mediaeval Ruler ..orship, Univ.
of California rress, BerKeiey and Los Angeles, 1916. (2nd ed. forthcoming)

*rg aj)d 3ourtauld Institutes
Ar: ^letirt - Aimerican Joumsl of Archeology
-..rvard Theologict" ^---lev

Speculiari

' ' *rican r.:L£i.crical Ae%^ev
Kfrdi. lia et T ica etc.

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is desirable as a basis for promotion copy. Please give a short but complete description of the
book ( 250 words or more), stating in general terms its purpose, method, and scope, and mention-
ing special features in the way of source material, method of treatment, etc. A brief statement
of its relation to other works in its field is essential: What distinguishes it from these? What new
contribution does it make to knowledge in its field?

••The flowering hedges and trees of the English country-

J

r.i.de. . .-r-'ere heavy v/ith the Z'^^^'^ of late summer as twi
men rode their horses along the public way near Lichfield
in the Midlands, The elder of the two journeyed slo'^vly
and with effort, for his years had long reached the count
of seventy, ret his eyes were still quick and eager, his
bearing noble and confident, as of one well accustomed
to command etc. "(p.lOl) Miss Duckett*s book is better

than this Wkw^ of ^r.istorical Mackarttbackground, juilnliiig

^Mio^^ painted -^ ^^^ ^ ^a pi^^^^^i p-c^..^

might suggest^ y«ir thj?»*^canvas have greatly influenced

the whole book. Miss Duckett is thoroughly trained^;ln
^4*^ ClassiCof ^he has written studies on Ennius , Virgil,

and Catullus, before she a^uelied "^iw '^latin Writers of

Atp^^^ having safely
the ]J*lfth geirtury^anfl^ pa ss^d^/ through ""Ihe Gateway to

^^^ Middle Ages" (sixth century), iflncfitKdtxkKXXKift inched
(or centuried) forward to saec>VII/VIII. Her new book
)RmXTKT% discusses, from a traditional point of , view and
in a descriptive, somn^imnr edifying and^long-winded,
fashion,^ always hewo^ er on the basis of sound scholar-
ship, the lives of four great Anglo-Saxon churchmen and

scholars. In four chapters of almost equal length, ^about

100 pages

, there pass in revue^Aldhelm of Malmsbury,

^Wilfrid of York, Bede of J^kxkx Jarrow,^^Boniface of Devon.
These chapters convey to the reader the circumstances
and conditions of life of each of those well known

figures in jeiuju du^ll. The vignettes of important con-

^/y^^^^v^'^'V^^^'^'^

2

temporaries flourish around the personage discussed,

/^<^r44

the many
the comiDars

>;j,Iugu^uf ,^

'^yaftkf

^ 'P^'JM^

forms one of the most attractive by-pro<iucts of the book^
-h^nh linlirnjn Hi ithbtlnnr'^ pp>y-Pf^nt. fnmi1i"'-^i^ ^--^-

ksttk

TnTTSTST

The discussion

of the individual works of the four great Anglo-Saxons

has naturally met with difficulties. The^^are not meant '**^

^^.. r^f z,"^/// r:

t f ^ f{

^ jA^ ^^^

may

to be critical, but mainly descriptive, and/they
appear as either too long or too short. They are too
short to develop new ctspects or interpretations, and too
long because they interrupt the narration. Yot ^ they^JLoa

'^r/

for a first/ information, and the footnotes,

accompan#W4>5' ui lioUfUl LililLiu^iuphj , betray the author's
*^ . perfect familiarity with the sources as well as ^^ith

X^ 4. /^k^A^?V*>4^V modem related writings. The weakness of the book is(tho ^
^ luo" hJ^ ^i\<V i C^S , ^ "'iVirininn nf 1nirr Innnitni ft i«l \ surface descriptilte4^^-*
rcx4L^^4^ * / /A^Aj^ ♦ which shuns the broaching ot o^^yiF j)robleniJ below the

^ ^ _, surface, a«^ therefore mirrnr ihiu ilnjuliiinin! n nf tW true

■ III V - '^'^^^ /l^^ vitality, even ♦if the four central figures. The author

l^.

,^^,,/ ^discusses, for instance, a great number of > riddles ^i^M^eh-

J. s . / — Aacxir -ho "f.Vint « p^p ? hilt fthp Wi^ltW""fl!>M^ broachc^the

♦were oo dear to that age; but she

. -^

^ ^ ci^C ^-^ -^^ ^'* ^'^

Jv jj^iLifc^ problem "I'dcxX mad^ th<^litarary genre so attractive.

She discusses on many pages Aldhelm's letter to '^Aciri-

/ cius" (King Aelfrid of Northumberlan(J} , but itxwiKiixxst

^^^^Id^-'r^t^i MMxxliixkK she igiioi'CG^the only sentence in the latter
"- rv^tL ^ ^ «^^W* C ^^*fc which discloses ^.likolw'u ^LUi.lii.u aiul the nucleus of

. Aldhelm thoge discusses metrics, and

/

^^iX4i^^^,

V

>

V

c^

r^

//.

/

'<-*\c c^

i<^rr<(

0-<*A

aoC

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^ /9

"r

}

■xj 4>-cuU^ ■• ^«t Uc(^ r^f. ^^^

/

r^

oct 't^r^jk^ U4, /^ ^cyal^)

VX^^4^d^ {cZ/y S'jia^ru

/

ii

<^'^^

^A'

^^ ^sHlOJ^

LXm^

^^^ aUi-i^ait. i

pofYckjUL

^^C4^ /<Z^f

C^ /<^P<«u%;:^

""-^^^^ ^z^ck-yo^

^^ . ^a*^^^^ U4 0-fiLcj^

X< K

'^ ^ ^V

^C^M<4/a4? >^-tu>4H

^

li-f

^^'•^^l ^»^rt^

/

i^r %

/. /.

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(>

y

^ 'V^^j <^

4a,y T

c>r^o^lQ^

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%>.

^li^AI.^OR pilVLEY DUGKETTy Anglo-Saxon 3aints and Scholars^/ IJ

:acmillan.>New York^ 1947^ pp.X*^488^ '/i^.oo.

t

-t:

"The flowering hedges and trees of the English countryside
• ••were heavy with the green of late siiofcer as tv;o men rode
their horses along the public way near Lichfield in the Midlands,
The elder of the two journeyed slowly and with effort, for his
years had long reached the count of seventy. Yet his eyes v^ere
still quick and eager, his bearing noble and confident, as of
one well accustomed to com^nand e t c • " (p. 101). Professor

Duckett's book is better than this sort of*

historical Ii'akart background painting^ would suggest. -Sir«—ir5'

Wi«»#wf#*f trained in /lassies, bars r^-i-t-4:-en on Ennius, Vergil,

and Catullus before studying the '^Latin -Vriters of the Fifth

Century"* (19^^) , passing sucessfully (19"^^) through -^The Gateway

j^f^he Twiddle Ages (sixth century), and inching forv;ard - if
^'^--' -' o ^^

centuries be inches - to the early-mediaeval saecula VII-VIII •

It is strange that the Anglo-oaxon oaints and ocholars should
have inspired the author to change her for.ner sober historical

style.

>f

I

Miss D,'s new book discusses , from a traditional point of
view (Roman), in a descriptive and sor^ietimes long-winded
fashion (see above), and on the basis of sound scholarship (see
the wrapper, but also the bibliography and the full notes useful
to all students of that period)\^ the lives of four great

y

I

X

lV\l/ There are also two/fndlgies, one "Persons and Places," another
^^ "Subjects,** not «fmy^ complete (all antique authors are ab-
vV sent in a book on early mediaeval scholarship! )- but not quite
/ worthless. It is puzzling to find that Llahorngt , whom one woul<*
expect to be a person "^or, at least, a^lac^ame; |r/.ahoraet ,
Illinois, Champaign County! - figures as a "Subject," probablu

in the sense of "Person of specified, usually undesirable
bodily or mf^atal tendencies."

/

Anglo-Saxon churchmen and scholars: Aldhelni of Malrasbury,
yVilfrid of /ork, Eede of Jarrow, and Boniface of Devon, who are
passed in review in four chapters of equal length ( about /lOO)
pages each). The reader becomes acquainted, unless he was so
before, with the conditions and circumstances of life of each of
those well-known figures. Valuable are some side^lances, val-
uable too the numerous vignettes of contemporaries flourishing
around the four capital portraits and the integration of those
supernumeraries (some of them, e'^.j Theodore of 'Tarsus, men of
considerable size and central importance) into the lives of the
heroes. This is one of 'the nost attractive and instructive
by-products of a book which makes good reading for undergraduate^
as an introduction into, culture and world of thought of Anglo-
Saxon England between 650 and 75C.

A crucial problem of historiographic economy is represented
by the discussion of the^works of the four saints and scholars.
Depending upon the reader's individual taste^ those sections may
appear as either too short or too long ^'^too short, because new
independent aspects could not have been developed; too long, be-
cause they interrupt the narrative v/hich the author intends to
offer. Here the historiographic method of siorface description
lays its snares for the author. The vital problems are b^^assed^
and the inner tension^ or true vitality^ of the period remain^un-
noticed. The author discusses, for example, a great number of
those riddles which, on account of their ^'hidden truth,*' fascin-
ated people in those days and of which Aldhelm sent a neat hund-
red to "Acircius," King Aelfred of Northumberland. But in her
surface rendering of this work, Miss D^ "disregards the only
sentence of Aldhelm' s letter to Acircius which disclos. s what

fc aff^^^^ ^*^

0^/

Aldhelm desired as poet and, probably, made him to be a poet.

For Aldhelm, when discussing metrics in that letter, proudly
-asserts to be the first German to treat this subject ("...con-
1} t\ \aJ Stat neminemmostrae stirpis prosapia genitun et Gerraanicis
^ cunabulis confotum in huiusceraodi negotio ante nostram raediocri-

tatem tantopere desudasse priorumque iJ:^;umenta ingeniorum iuxta

metricae artis disciplinam litterarum textui tradididse" ) •

Aldhelm, in this connection, compares himself expressis verbis

a

to Vergil (Georg. ^Illj-gi), who took/pride in having introduced

patoral poetry into Roman literature. In this sense Aldhelm
feels to be one who, prinoeps ad Italos (or Jaxones ) , has trans-
ferred a cultural treasure to his l<jfi^'smen. (j^hisj z+^parently,
Aldhelm considered/the. live essence of his calling or "mission,"
a fact which changes the perspective of Aldhelm's "Bible poetry"
and discloses the life-center of the poet. But Miss D^ does not
evaluate this truly interesting trait. '.Vhen she writes that "most
of this dissertation is of importance only to the historian of
metrics" (i|^4if), she Mukun lli i. 1imm that she has missed the
essential point? and when she addsi(p.50) "In him v^e see, too,
the pioneer among Latin poets of the Anglo-Saxon race^i^"'She

proffers as a ngRninglcss Rr,ri pj^.laurlej^ personal opinion what

Vv ry>fsc wjlJ ^tjsx . ,

Aldelm has ejaculated with. greatest vigor and pride. In a simi-

lar wayi the exceedingly interesting controversy between Celtic
and Roman i^^hurhes , though mentioned by the author, remains flat*
She hardly scratches the surface and discloses nothing of the
passions below it, neither the "Gappadocian-Coptic" substratum
of the Celtic /hurch in general nor, as Edmund Bishop (Liturgica
ifistorica, p. 172) once put it, the "ecclesiastical ostracism"
"" and "racial antipathy" with which the Anglo-Roman party discrim-
inated against the Celts.

i

'-Is

Perspectives such as these would not have oeen a matter of
greater detail, irofessor Duckett offers detail in plenty. But
the detail is not reduced to a common denominator /or brought
into focus, and the weak "Epilogue" completely fails to bind the
details together or to brace the four leading characters by Ma
idea. For it is not enough to say that all four were Anglo-
Saxons and "looked upon women with respect." There is a curious
thing about historical "details." The late Aby ;?arbarg is
credited with having coined the phrase "God dwells in the
detail" (Per liebe Gott wohnt im Detail). This does not refer

to the painting of unrelated details, but to thefa^V which is

^f \ latest

contained in every 4^ . Tilbelm Levison, in his iscxt publication

(England and the Continent in the 8th Century f Oxijrd, 134^),

which was published too late for use by rJiss D'. , has shown with

lay |:

mastery what energies [indeedfei detail may Iharbor and how even
a/ historical "atom," when scientifically smashed by a scholar
v/ho knows, may flash unexpected energies right and left ^.jI mace
the reader quick to hear the crackling under the surface, ^'iss
Luckett's book has its qualities; but never does it break
through to the layers beneath the surface, and therefore it

does not "crackle."

^;^st II.Kan^orowicz
^aivcrsiTy of California.

Eleanor Shipley Duckett, Anglo-Saxon Saints and Scholars,
Macraillan, New York, 1947, pp. X, 488, ^5.00.

V^

V-

<iv

.: Gt. I

"The flov/ering hedges and trees of the English country-
side... were heavy with the Qreen of late summer as two men
r6de their horses along the public way near liichfield in
the Midlands. The elder of the two journeyed slowly at.d
with effort, for his years had long reached the count of
seventy. Yet his eyes were still quick and eager, his
bearing noble and confident, as of one well accustomed
to command etc. ''(p. 101) . Miss Duckett 's book is better
than this kind of Mackart background-painting might sug-
gest. She is thoroughly trained in Classics, has written
on Ennius, Virgil, Catullus, before she studied the "Latin
Writers of the Fifth Century" and, passing through "Tne
Gateway to the Middle Ages" (sixth century), finally has
inched (or centuried) forv/ard to ^s^verS^ST -and early- -eighth
saeci^a. Her AK^tia*sS$lRxS$XKt;axa[RiixS«kaiarx discusses

four great Anglo-Saxon churchmen and scholarsxxXifllkzix^

from a
Xi:±fxJc±:^xEKQtK:^xaKiix2ia^faKitxxJcxxx traditional point of

(Roman)
view, in a descriptive, sometimes long-winded, fashion

(see above), on the basis of "sound scholarship" (see

wrapper) the lives of four great Anglo-Saxon churchmen

correctly
and scholars ( Aldhelm of Malmesbury is found in the set-
ting of the llisperica Famina and is set over as against
it.) Aldhelm of Malms bury, Wilfrid of York, Bede of
Jarrow, Boniface of Devon xxK^SSxtx dealt with in four
chapteis of xk«MJtxil2&x]Bac5EXXKXBk enual length, about 100
pages each. In these chapters the reader makes his
acquaintance with the conditions and circumstances of

<^

^c^

r f/f /^

life of each of those well known figures, with the
vignettes of contemporaries flourishing around the
personage discussed, and the overlapping of those corn-
parsons in the lives of the four heroes is one of the
most attractive by-products of the book. The discussions
of the works of the authors n«.turally interrupt the—
descriptive narration; they are, depending upon the
individual taste of the reader, too long or too short -
too iBiag short, because new aspects could not be expected,
too long, because they t^ak^ away the tension of the
narration so far as Buch is to be found.
!gkaxiMMt|it±xRxmRtkH(ixr This absence of inner tension
tx despite the full mastery of sources and literature
(the latter very useful as an introduction to the study
of the authors; is the most striking feature of the book.
It is a surface description which shuns every true prob-
lem or does not notice it. That is, to ignore the true
vitality. K:iss Duckett , for instance, discusses a great
number of the riddles which amused people in those days
and of which Aldhelm sent a neet Hundred to ^'Acircius",
King Aelfrtd of Northumberland. But she ignores the only
sentence afxXstliilX in Aldhelms letter which discloses
something of ttE Aldhelm's "vitality", of the inner
tension which makes Aldhelm to live and perhaps to be a
poet. He discusses metrics and proudly asserts that he
is the first German to treat this subject, and that he
may compare himself to Vergil who prides himself of
first having introduced pastoral poetry into Roman

literature. Aldhelm thus feels to be one who

r. o^ Tt^ioc^ has transferred Roman rules to

\

IJlss Duckett assures the reader that "this dissertation

is of importance only to the historian of metrics" (p. 50).
Th^i May Isg true. '^Ci iildhflJLini hnwnyoii| \\ meaa^ euamlUru^.
q1oi!I| fui kd proudly asserts his being the first German
to treat this subject, and claims that he may compare
himself to Vergil priding himself Hf as the one who first

y^ introduced pastoral poetry

into Roman literature. That is

to say, Aldhelm claims to be one that princeps ad Italos
(or here Saxonicos) has iransferied a cultural treasure

to his kinsnid^i and ^^q coasiaered this as part of hi^.

> V

^j "(^

mission, j^kszsinctixxjtiiikeiBi alnoo At el^toidateB tlis
pocf^y rriTnpnri -bill nil nf tingi[fl»hiB..i. OL.ilptiui|i. In a similar way,

^d^/

, . .^ f i -^

the exceedingly interesting controversy between, Celtic

and Roman Chuj;ch, though it is mentioned, -i p fey ^\^mm

>t<^^ia4^ /it whereas

disclosing ^the motives below the surface vtkxjKk E.Eishop

ith the words of "ecclesiastical ostracism" and "racial

A ^^^^^.4,4^ -W/^V* c^-ntipathy" was able to describe) the passion below the ,

■ \Jgl.

*»^,

"^"Gii, Mi^^^Sm

surface wV1rb uaipjr £b\h ¥>eyeig". XkKxiaciBxAJB^xj^aLr^rxx 'Steere ^

•S'4M0^^ i/ii'j iiiULl'i^detaiiU in »l!6 lioak wfeloiri is not assembled ^

^^^0C444^ ^«44i4 Qj^ ^ common denominator; and the Epilogue fails to "bind

^ 'f\ii /rtif (^£ ^ them together" except saying that all foui; were ASaxoii^e

Kit ** ,««^

^ /IsMjUL- C9 ot cuX^i^<9

and looked upon v;omen with respect. Detail

ni^^tf/

. The late Aby 7/arburg is credited with having

'' said^"(Jod dwells in the^detaiV' (Per liebe Gott wohnt im

s last publication^has

7l4i> -i^c^ ^^f

Detail)^

TTxlrielm Levisoh in his

shown wbRt u I Im i ! frji ind^^pd ^^ d^t^il c^^r^ harbor and that
a scholarly "atom" may f las iT ^lai^s right and left and makes
the reader hear the crackling under the surface. Miss
Duckett * s booj
therefore, ^Sfespite^

s never penetrated the surface and
eits qualities; it does not "crackle."

ELEANOR SHIPLEY DUCKETT , Anglo-Saxon Saints and Soholars,
Maomlllan, New York, 1947, pp. X, 488, ^5.oo.

• • •

"The flowering hedges and trees of the English countryside
were heavy with the green of late summer as two men rode

their horses along the public way near Lichfield in the Midlands
The elder of the two journeyed slowly and with effort, for his
years had long reached the count of seventy. Yet his eyes were
still q.uiok and eager, his bearing noble and confident, as of
one well accustomed to command etc^" (p.lCl). rxofessor
Duckett's book is better than this sort of "eye-witness" talk or
historical ..akart background painting would sxi^isest. She is
thoroughly trained in Classics, has written on Ennius, Vergil,
and Catullus before studying the "Latin Writers of the i?'ifth
Century" (19 ), passing sucessfully (19 ) through "The Gateway
of the ::iddle Ages (sixth century), and inching forward - if
centxaries be inches - to the early-mediaeval saecula VII-VIII.
It is strange that the Anglo-Saxon Saints and Scholars should
have inspired the author to change her former sober historical
style*

Miss D«*8 new book discusses, from a traditional point of
view (Roman), in a descriptive and sometimes long-winded
fashion (see above), and on the basis of sound scholarship (see
the wrapper, but also the bibliography and the full notes useful
to all students of that period) , ' the lives of four great

1) There are also two Indices, one "Persons and Places," another
"Subjects," not quite complete (all antique authors are ab-
sent in a book on early mediaeval scholarship!), but not quit
worthless. It is puzzling to find thaL Lahornet, whom one woul
expect to be a lerson - or, at least, a Ilacename (Mahomet,
Illinois, Champaign County) - figures as a "Subject," probabl

in the sense of "Person of specified, usually undesirable,

bodily or mental tendencies."

Anglo-Saxon ohiirohmen and scholars: Aldhelm of Iwalmsbury,
Wilfrid of York, Bede of Jarrow, and Boniface of Devon, who are
passed in review in four chapters of equal length (about 100
pages each). The reader becomes acquainted, unless he was so
before, with the conditions and oircumstaaces of life of each of
those well known figxires. Valuable are some sideglances, val-
uable too the numerous vignettes of contemporaries flourishing
around the fovir capital portraits and the integration of those
supernumeraries (some of them, e.g., Theodore of Tarsus, men of
considerable size and central importance) into the lives of the
heroes. This is one of the most attractive and instructive
by-products of a book which makes good reading for undergraduate
as an introduction into culture and world of thought of Anglo-
Saxon England between 650 and 750.

A crucial problem of historiographic economy is represented
by the discussion of the works of the four saints and scholars.
Depending upon the reader's individual taste those sections may
appear as either too short or too long - too short, because new
independent aspects could not have been developed; too long, be-
cause they interrupt the narrative which the author intends to
offer. Here the historiographic method of surface description
lays its snares for the author. The vital problems are bypassed
and the inner tension or true vitality of the period remain un-
noticed. The author discusses, for example, a great number of
those riddles which, on account of their "hidden truth," fasclnr-
ated people in those days and of which Aldhelm sent a neat hund-
red to "Aciroius," King Aelfred of Northumberland. But in her
surface rendering of this work. Miss D. disre^jards the only
sentence of Aldhelm' s letter to Aoiroius which disolosf.s what

Aldhelm desired as poet and, probably, made him to be a poet.
For Aldhelm, when discussing metrics in that letter, proudly
asserts to be the first German to treat this subject ("...con-
stat neminem nostrae stirpis prosapia genitum et Germanicis
cunabulis confotum in huiiiscemodi negotio ante nostram mediocri-
tatem tantopere desudasse priorumque a±gumenta ingeniorum iuxta
metricae artis disciplinam litterarum textui tradididse").

Aldhelm, in this connection, compares himself expressis verbis

a

to Vergil (Georg. ,111,11) who took/pride in having introduced

patoral poetry into Roman literature. In this sense Aldhelm
feels to be one who, princeps ad Italos (or Saxones) , has trans-
ferred a cultural treasure to his knismen. This, apparently,
Aldhelm considered the live essence of his calling or "mission,"
a fact which changes the perspective of Aldhelm' s "Bible poetry"
and discloses the life-center of the poet. But r^iss D. does not
evaluate this truly interesting trait. When she writes that "mos
of this dissertation is of importance only to the historian of
metrics" (p#49f), she makes it clear that she has missed the
essential point, and when she adds (p. 50) "In him we see, too,
the pioneer among Latin poets of the Anglo-Saxon race," she
proffers as a meaningless and colourless personal opinion what
Aldelm has ejaculated with greatest vigor and pride. In a simi-
lar way, the exceedingly interesting controversy between Celtic
and Roman Churches, though mentioned by the author, remains flat
She hardly scratches the surface and discloses nothing of the
passions below it, neither the ''Cappadocian-Coptic" substratum
of the Celtic Church in general nor, as Edmund Bishop (Llturgioa
Historioa, p. 172) once put it, the "ecclesiastical ostracism"
and "racial antipathy" with which the Anglo-homan party discrim-
inated against the Celts.

Perspeotives such as these would not have leen a matter of
greater detail. Irofessor Duckett offers detail In plenty. But
the detail Is not reduced to a common denominator nor brought
Into focus, and the weak "Epilogue" completely falls to bind the
details together or to brace the four leading characters by an
Idea. For It Is not enough to say that all four were Anglo-
Saxons and "looked upon women with respect." There Is a curious
thing about historical "details." The late Aby Warburg is
credited with having coined the phrase "God dwells in the
detail" (Per liebe Gott wohnt im Detail). This does not refer

to the painting of unrelated details, but to the iTitv which is

c/ latest

contained in every t^ . Wllhelm Levison, in his 1juc± publication

(England and the Continent in the 8th Century! Oxford, 1946),

which was published too late for use by r^iss D., has shown with

mastery what energies indeed a detail may harbor and how even

an historical "atom," when scientifically smashed by a scholar

who knows, may flesh unexpected energies right and left a :d make

the reader quick to hear the crackling under the sxarface. udss

Duckett *s book has its qualities; but never does it break

through to the layers beneath the surface, and therefore it

does not "crackle."

Ernst ILKantorowicz
University of California

\

Ube mnipersitip of Chicago

CHICAGO 37. ILLINOIS

EDITORIAL OFFICE

January 29, 1947

Professor Ernst H, Kantorowicz
University of California
Berkeley, California

Dear Sir:

I wonder whether you care to review
Eleanor Shipley Duckett»s Anglo-Saxon Saints
and Scholars (Macraillan, 1947) for Classical
Philology > If so, I will have a copy mailed
to you promptly. The book is a study of
Aldhelm of Malmesbury, Wilfrid of York, Bede,
and Boniface,

Sincerely yours.

John P. Cooke
Assistant Editor

t

I-ear Mr. Kantorowlcz: ^^''' ^^' ^^^"^

the 12th. As a r.attel^lfl/^^'' ft'''' ""'"^^ °^

that your ovm work made voi!\o ' f""^ ^^ ^^^^
qualified for the task ^? especially

Tress mailing depart^nt y^ T"" ^^ ^^^

are very ela^ tv,*? , ^^- ^^^sen and I

^1- , "^ •> 6-»-«-ci tnat you are w-fn-t^.^ 4.

the book. Exiling to accept

Sincerely yours.

>

/

1947 /

1 BUILD YQ

WISEl

U.S.SAV

THIS SIDE OF CARD IS FOR ADDRESS

Professor E. H. Kantorowics
University of California
Berkeley 4, California

Dept, of History

/

CORNELL UNIVERSITY

ITHACA, NEW YORK

DEPARTMENT OF HISTORY Nota x.^TJie, not w^a. .xcw,!

bOARDMAN HALL

February 27, 1947

Ihj dear Eka,

I should gladly lend you my copy of .^evi^son, but I

am

''IL

working on an article, for diicii I need the book at th^^ pr-.or
time. But v/hy, mein Lieber, don't you get your Dniver.^ity
Librarian to borrow on inter-library loan the copy in the cor-
nel! Univcrc^itj' Library? I ..uppose you tried the N.Y, branch
of the Oxford Pre^s. In Englaiiu the book ±f apparently unpro-
curable. Souter v\'ho livet- in Oxi'ord failed to obtain a copy.
I wtill do not understand, ho^-^ever, why the O.U.P. print'^d
so nmall ar '^-dition.

Mis? ^ackett eine Erbtante? Um Hinmie-LS ..io-xen, auch dar nochi
The point Ir. that she sent me the book specially inscribed and acc-
ompejiied hy a gushing letter vThich made me squirm. Also she is
an old devotee of ?.and who revievred her former book much too glow-
ingly. I felt it imposLiible to review the book, as in the circ-
umc tances it would have oecjn most difficult to make any genuine
criticiamp. ; und reine Lobhudelei ist nicht mein Fall. It may amuse
you to know that I could have reviewed the book four times over,
A.H.R, C.Ph., Classical V»eekly, and Speculum. Tvh;^'- should you be
ajmased at my ^Tuggesting you? You knor the period - for ?iiat don't
you know about the kiddle Ages? - alor^l Charles Jones is doing a
notice for the A.H.F.. , Ford having I am glad to say acted on my
suggestion. I think the lady was disappointed, but I told the strict
truth when I said I was too busy. I have just written a review
of two books together for Larsen running to about "OOC words and I
have a notice to do for Pares for the E.H.R. And as my Sather manu-
script is now in th- composing room, I am hoping to receive proofs
very soon. Finally I am mulling; oijer an articj-e arie^nft Cassiddoru.-'
Tripartite HiL-tor^- and its Fortleben. Levi son' s criticism of one
of my Bede citations, which I attributed to H.T. is justified. The
Da :. "t: was taken from r^ufinus; but this started me hs.ntin? around
ana 1 find that a good deal of nonsense has been written about the
H.T. by van de Vyver, Thieie ( in Gtudien und fcittei^. z. <-esch.
des OSB 50), and latteTlj by ^ourcelle and Leslie Webb*^r Jon- .
So I am scratching around; whether I shall succeed in puttin^^ to-
gether anj^thing worthwhile and readable i-emain' to be seen.
Die ehrwiirdi^^e Laistnerin i- v---:' -.-" ^ ar.H -c^r,fV- you hr - ^ove.

Pax tecum

as ever

216 WAIT AVENUE
ITHACA, N. Y.

April 28, 1947

/

Ify dear Eka,

Yoirr rprlghtly 1 otter was mo^t ?7eIconie. I am ^orry
that revie;ving- the Mickett book has been a (..[ual. Jharles
Jones, who is reviev/ing it for A,H,R, felt much a^ you;
and the Epilogue made him hit the ceilingl It is pre .ty
terrible and all it;3 iiii;.lication3 are wrong. Yer., Levi?on
did a mustergiiltige job in that lavSt book of hi=^. I am
glad my opu3Cuium in HTR came in useful. I have jurt
finished a r-lightly longer one on Ga?eiodoni3* Tripartite'
History, about vrhich much n on 3 en 3 e ha? been written. I
have added a lint of kSS at the end - about 8;>, though
the list maker no claim to completeness. V.e hav^ here
in the Library now one Keichmann vrho did hi.T' Doktorat
in Vienna -ind ir. now a library Gpeciaiist. he cays he ha~
met you and very properly lauded Friedrich II. He Ta-
lent to uermany last year on librarv^ businecs and te .
me that the .jande-biblioth^k in Stuttgart wa.? compiete-uy
dertroyed including all bookr^ and HiSS, a.s no thine;
had been taken to a v^afe place. So all the codicer from
Weinj.rten and Zwiefalten there ana others are ,/:onel
The library of wongrso.-^ has one early 3th century Dede m :
in complete photoctatic reproduction: thi3 is now very
valuable, a3 it i." pr bably the only copy in existence.
There is doubt about the Augiennes at Carlaruhe; they
were hidden, but have not yet been recovered. And if th

\

were stored in 0 'tpreuGjen or in the Eat^t generally,
they may ultimately turn up in i^u33ia?? ?.eichraann aloo
say 3 that tiiere ha:^ bnen a great deal of -Looting, V^hat .
grim bu;dne.^3 it all ij. The university libraries at
Freiburg i.B. and Tubingen are quite intact, but neither
place had much in the way of MS3, as far a^ T kno?/. Did
you icnow that a ne;7 catalogue of the Breslau mr.j 7;a3
begun in 19o9ral.io one of the miis at Graz, about the
same time I You will find tliem both in Kayser* n index.
V^Ti ether they will be procurable is another matter.
Another cataio.'up which 1 mis:5ed and which aopeared in
1954 is Benodikt Kraft, Die HSS der bischof lichen
Ordinariatsbibliothek in Augsburg. Lovison told me about
that. No 43 (saec. xii, Neunkirchen auf dem Brand),
foil. 1-127 containr- Bedels Ecclo.iiantical Hi::.toiy.
I give you thi;-. information in case you have not got
it, so that you can put your librarian on the track.

I am 3urprised that Mi{5s Taylor is oUch a poor vspeak^
er; I should have expected her to be good in the lect-
ure hall. I am now reading Reto Bezzola, Les origines
et la formation de la litterature courtoise en Occident;
vol. I, La tradition iraperiale de la fin de I'ant-
iquite au Xle siecle. I cannot find much new in it
except that the point of view is different; the inc^u::ion
o:^ pro.oe emd verse ±i- determined mainly ty their being
d&cated to a king or prince, a rtither superficial methoa
or procedure. The book seemc accurate on the whole,
though here and there (*i^ cepacia Lly on mss and librarie'^;
the author ir. not up-to-date^ and he somev.iiat ne.-:lect:'
stuff written in England and the U.S. I should have
vsaid that the book in volume 286 in the Bibiiothe .;ue de
1* ecole des hautca etudes (Paris, 1944, crowned by the
Academie der> Inscription:-, in 1946). I am reviewing it
for the l2^ngli-h ^^i.-itorical Review (not more than 5jC
wcTcrdg.') Thi" i^ about all my news. I^iother :3ends her ^ove.
As ever X^*^i4,i (!^f^€A/^aA^^^s

The Macmillan Company
New York, Winter 1947

ELEANOR SHIPLEY DUCKETT

Author of "Anglo-Saxon Saints and Scholars,"
"The Gateway to the Middle Ages, etc.

England and America have shared in the education of Eleanor
Shipley Duckett. From England, her birthplace, she received the
B.A. degree (with Honors in English), the M.A. (in Greek and
Latin), and the D.Lit. of the University of London; the B.A.
(Classical Tripos), and the M.A. of the University of Cambridge,
where she studied for three years at Girton College. Prom
America she received the Ph.D. degree from Bryn Mawr College
after three years as scholar and fellow.

Between 1914 and 1916 she was Instructor in Greek and Latin
at Western College, Oxford, Ohio. Since then she has taught at
Smith College where she was In 1944 appointed Professor of
Classical Languages and Literatures on the John M. Greene Foun-
dation. Her books include THE GATEWAY TO THE IIWDLE AGES,
STUDIES IN ENNIUS, HELLENISTIC INFLUENCE ON THE AEI^-EID, CATULLUS
IN ENGLISH POETRY, and LATIN WRITERS OF THE FIFTH CENTURY.

The American Historical Review

Guy Stanton Ford, Managing Editor

Study Room 274, Library of Congress Arnex
Washington 25, D. C.

May 25, 1948

Professor Kmst H^ Kantorowicz
Department of History
Ifeiversity of California
Berkeley 4, Calif orniA

Boar Professor Kantoronfficzj

It is gratifying to have from you such a thorough and
scholarly review of the volume by Bezzola, but its length
and its detailed character make it also something of an
einbarrassment to xae# In a sense it is too good for my
purposes, and it is certainly too long for the Review^

Hlfhat you have iiritten ought to be in print but in a
more appropriate place. There is no possibility of w
editing it for my purposes ♦ That would be mayhem. I am,
therefore, returning it and beg you to consider the possi-
bility of writing a characterization within the 500 words
assigned. If you do not find that possible, or do not wish

to do it, please let me know, .

Sincerely,

GSF/ad
£nc«

Guy Stantbn Ford
^'an aging sditcr

^6 r

P. 793

. Tilt; Iriotit. uiv. iitt*

•--^

]-"-

exccxcx^eu uut vexy xittle iiii'luence on tiie laanuals for

[JUuLu^-^

clerical instruction for tney are used neitner by Hraban
(De cleric, institutione ) nor by ilotker (ITotc^tio) nor by
xiu^o of St> Victor (Libri VI erud. didascalicae ) . Tney
are, hov/ever, used in allS. in tne Vatican 4955 b. XI
f . 140-143 De expositoribus divinae le^i^ et de auctor-
ibus a Ciiristiani5 perle^endis libri III( extreme t in
:aij^ne 76, 14;^l-14ki4). me selections on Octateuch, Return,
Psalter, Salomon, de agiograpliis, de evan£,eliis, de epis-
tolls are all taken from Cass. Inst. aiv. litt. 1-9. 16
f. 22f. 25. oO. 28; tne autnor, nov/ever, iIIIl in s o.ue
of tile t^ps himself. Since ne mentions -beae and Alcnvine,

Tsji..'^- fx^^ U^ iv^ •

^ \ f ^^ probably lived in Carolin^ian times, probabl;y in tne

monastery of St. Sopnia in^Beneventum, vaiere tne LiSS or-
iginated. :iaition of tne MS. Phil. 73, 255-<;71. Perhaps
tiie author's name wa.^ Landulf, lor at tne end of tne I.iS.

209

b .,

sucn a name appears. P. LeiimB.nn also writes on the

dependence of Isidor on Cassiodorus, Philol. 72, 504-577'

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Publications.

1921: Das Wesen der muollriisohen Haadvverkerverbande.
iPhesid (uajprinted), Heidelberg.

1927: Kaiser Friedrioh d«r Zweite.

Publisher: Georg iJondl, Berlin.

1929J '•Mythensohau*'.

Hlatorisohe Zeitschrift 14C.

1931s Kniser Frie(lrioh der 7.v;eite.

Ergansungsband: Quellenm^.chweist imd Exkurse
Publisher: Seorg Bondi^ IJerlin.

1931: Froderlck the Seoond (1194-1250).
English version by E^L.Lorimer
imblisher: Constable Ltd., London.

1935s Deutsohes Papsttian.
Private print.

1937: Die wie erkehr selehrter Anachorese Im Mlttelalttr.

Publisher: W.^Cohlhrrmneri Stutigart.
(Priliate print) •

1938: Petrus de Vlnea In England.

Mitt^ilxinson d(2S C3t err <5lciien Institute
fUr Ge s chicht sf or s Chung 51.

1938: LAUI^ES *.LuIAE. Studiea zu dan litur^ischen
Herrscher^Akklamationen des Mittelaltere.

(planned as a private print, but withdrawn
by the publisher unite recently) *

1943: An •Autobiography of Guido Faba

(Mediaeval and Renaissance studies, i)

1943: A Diplomatic Mission of Krancis Accursius and

his uration before ±^ope Nicholas III, in
collaboration with G.jb.Haskins

(English historical Review, JbVIII)

1944: The Problem of Medieval *orld Unity

(Annual Report of the American Historical
Association for 1942, vol. HI)

1944: The 'King's Advent* and the Enigmatic ir'anels

in the Doors of banta babina

(Art Bulletin, XXVIj

1945: The Pre-Hitler German Universities

(Western college Association, Kail 1945}

1946: ••Laudes Regiae** - A Study in i.iturgical Acclam-
ations and Mediaeval Ruler iriforship

(Univ. of Calif. Fress, Berkeley)
1946: Notes on the Christus vincit iiegend on coins

I, Univ. of Calif. Press)
1947: The Quinity of Winchester

(Art Bulletin, XXIX)

1948: Chris tus-Fiscus

(Synopsis: Fes-'gabe fur Alfred Weber,
Heidelberg, 1948)

1950: Dante's "Two Sxins"

(Oriental Studies in Honor of William Popper:
Univ. of Calif. Press - In the Press)

— Pro patria mori in Mediaeval Political Theory

(Amer. Hist. Rev. - In the Press)

— The King^s Two Bodies: A Study in Mediaeval Politicai

The o 1 o p^
(MS of 300 pages - ready for the Press) ^

?N

THE INSTITUTE FOR ADVANCED STUDY

PRINCETON, NEW JERSEY

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e-

/•.

Rektor und Senat der |ohann Wolfgang Goethe^Universltat erfullen die traurlge
Pflldit, davon Kenntnis zu gebcn, daR der Honorarprofessor fur Politlk

Herr Reglerungsprasldent 1. R. Dr. phil.

Ludwig Bergstrasser

am

23. Marz 1960 im 78. Lebensjahr verstorben 1st.

Professor Bergstrasser hat die Gestaltung der deutsdien PoIltlk beeinfluGt und sldi
besondere Verdienste um den Wiederaufbau des Landes Hessen nadi 1945 erworben.
Audi als Wissensdiaftler hat er auf dem Geblete der Gesdildite und der Polltik
Bedeutendes geleistet. Nadi einem Studium der neueren Gesdildite, des Staatsredits
und der Nationalokonomle an den Unlversltaten Heidelberg, Mundien, Leipzig und
Paris, das mlt der IVomotlon In Heidelberg absdiloR und zur Habllitation In Grelfs^
wald fuhrte, war er als Unlversitatslehrer In Grelfswald, Berlin und Frankfurt tatlg.
Er fuhrte zahlreidie wlssensdiaftlldie Untersudiungen durdi und legte deren Ergeb^
nlsse In umfassenden Veroffentlldiungen nieder, von denen seln Werk iiber die Ge^
sdildite der deutsdien Partelen besonders zu nennen 1st. In Frankfurt wlrkte er
von 1929 an, bis Ihm Im Jahre 1933 die weltere akademisdie Tatlgkeit untersagt
wurde. Mlt der Wlederaufnahme der Vorlesungstatlgkelt an der Unlversitat Franks
furt a. M. Im Jahre 1945 stellte er sldi der Wirtsdiafts^ und Sozlalwissensdiaftlldien
Fakultat erneut zur Verfugung und wirkte als Honorarprofessor an der Ausblldung
der Studlerenden solange mlt, bis ihm seln Gesundheltszustand dies nldit mehr
eriaubte.

Professor Bergstrasser trat als Wissensdiaftler wle als Polltiker fur seine Ueber^
zeugung eln, audi wenn ihm dadurdi groCe Naditelle und Gefahren entstanden.
Die Unlversitat verllert In Ihm elnen aufrediten und tatkraftlgen Mensdien; sle
wlrd ihm eln ehrendes Andenken bewahren.

Frankfurt am Main, den 28. Marz 1960

1. V.
Viebro ck

Prorektor

Die Einasdierung hat am 28. Man 1960 stattgefunden.

Zeitung fur Frankfurt, lo. Juni 196U, Nr. 132

die Stadt und ihre Universitat.

Kantorowicz zuin Gedenken

cjd. Anla/31ich des fiinfzigjahrigen Bcstehens
der Johann Wolfgang Goethc-Universitat hat
eine Gedachtnisfeier fiir den Historiker Profes-
sor Dr. Ernst Kantorowicz stattgefunden, der
am 9. Septembor vergangenen Jahres im Alter
von 68 Jahren gestorben ist. Kantorowicz lehrte
von 1932 bis 1934 mittelaltcrliche Geschichte in
Frankfurt. Durch den nationalsozialistischen
Rektor der Universitat wurde seine Entpflich-
tung vom Lehramt ausgesprochen.

Professor Dr. Josef Fleckenstein wiirdi^te
die wissenschaftliche Leistuiig Ernst Kantoro-
wiczs. An der Feierstunde in der Aula der Uni-
versitat nahmen Vertreter auswartiger Hoch-
schulen, des Landes, der Stadt Frankfurt sowie
Mitglieder des konsularischen Korps und Stu-
denten teil. In seiner BegniBungsansprache be-
tonte der Dekan der Philosophischen Fakultat,
Professor Dr. Konrad Kraft, die Feierstunde
moge das Gedenken an a He diejenigen wach-
rufen, die in der bedrtickenden Zeit des Nazi-
regimes batten weichen miissen

!

^ « • " •«

DIF TniTAvv WOLFGANG GOETHE-UNIVERSITAT

tRankfurt am main

gibt slch die Ehre,

Sie zu der am Dienstag, 9 Juni 1964, 16 Uhr c. t.

stattfindenden Gedachtnisfeier fUr

Prof. Dr. phil. Ernst Kantorowicz

In die Aula der UnlversitSt, Frankfurt am Main, MertonstraOe 17,

einzuladen.

Frankfurt am Main, den 8 Mai 1964

Dunkler Anzug

Rammelmeyer
Rektor

U A w I bis B Mai 10«4 «uf b«lllegendFr Kart«

PROGRAMM

Johann Sebastian Bach:
Sinfonia aus der Kantate Nr. 42

1

BegruOung durch den Defcun 6t Phllosophischen Fakuitttt,

Prof Dr Konrad Kraft

I

Gr«dachtnisrede
von Prof Dr. Josef Fleckrnstpin

4

Jt'hann Sebastian Bach.

Sinf'^nia au'; df-r ?v .--. n ♦ :i t p Mr 195

Es musiziert das Collegium musicunn
der Johann Wolfgang Goethe-UniversitSt unter Leitung von Peter Cahn

/

\

::^i^ -^^ir. H-^&-->

Freitag, den 27. September 1963

/

/

Ernst Kantorowicz

Erst In diescn Tagcn gelangte die Kunde zu
uns, dal5 Ernst Kantorowicz vor zwci
Wochcn in Amerika gestorben ist. Er hattc
Deutschland, seine alte Heimat, mit dem Her-
cinbredien der Hitlerhcrrschaft verloren, iind
dieses Deutschland hat mit ihm, der damals erst
nadi England, dann nach USA emigrierte, einen
seiner groften, gefeierten Sdiriftsteller und Wis-
senschaftler verloren. Es hat ihn offenbar so total
verloren, daft heute nur noch die iiltere Genera-
tion seinen Namen kennt und sich jcnes Budies
„FriedridT L^. erinnert, das den Dreif^igjahrigcn
mit einem Schlage beriihmt machte.

Ihm selbst war dieses Werk spatcr sehr
fremd, er hat sich in Amerika nur noch mit ganz
streng fachlichen Themen aus seinem Gebiei,
dem Byzantinismu.'^, beschaftigt, Seine durch
Stefan (jeorge beemtlul^te Jugend, das Deutsch-
land, das geistig so bewegt schien und das dann
den Geist so rasch und so total verlcugnete,
unterdriickte, austrieb, all das lag fur ihn hinter
dem grol^en Wasser, das er hatte uberqucren
miissen.

Was blieb, war. seine Freundsdiaft und Trcue
fur ein paar Freunde, seine unnachahmlic4ie
Selbstironic, sein Vergniigen an gutem Wein;
was wuchs und zunahm, war sein umfassendes
Wissen und seine heitere, gelassene Mensdilich-
keit. y,Und vergessen Sie nicht'\ so wurde er ge-
sagt haben, „meine Kochkpinst zu erwdhnen:
Kochen ist das einzige, wovon ich wirklich etwas
verstehc.''

Eka, wie ihn seine Freunde nannten, starb
68jahrig in Princeton, wo er seit 1951 Mitglied
des Institute for Advanced Studies war, dem
audi Einstein, ParnoiL'ski^ John von Neumann
und andcrc grofsc Geister angehorten und an-
gehoren, die der osterreichisdie Gcfreitc aus \
Europa vertrieben hatte. Dff

h

w. -^ '»

VltA.

««

/

7 g^

Hvleiner KiiUiuspiegel

KanlorowicJ slarb, «'<• J^/"' „ ^g ,,ahrcn in Piin-
,m 9. September ,rn AHcr von b ^^_j.^^,..„^ j^,,

ceUm (New Jersey), ^''jr in Frankfurt am Man,.
Mitlelaltcrliehe Geseh'ehle in I ' ^ Nati..,u>lso/.i.>-
BH der MHcMuUer^nHhme dmch^ d^^^^ _^^_^ ,.„^.

[listen emigrierle Kantol w Kanlorowicz

land und gins dann "»* ^^„"^;',7,iband>ee Bio-

'ST:d.enor*kr;^ne.autge.egtwu,.e^^

,iHmm". Den b-d™_« .^^,\^Hen, den l^onigen
wunder»amen ^'""'■"^^'''(.uerspeiondon Drachen
und Prinzessnincn '>"-';^ '^" ^j,";.,, gait der herz-
.,„d den kloinen ^^"^^^''^—.J,- v.r.tauttuh-
It; r "nbir r rata-Kiim. „Uie Wunder-

^r/^i I (^2>

1.

Prof Dr. Ernst Hwtwig Kantorowici. dcr

deuUch-amerikanische Historiker. irf. we erst
tetzl bekannt wurde, am 9. September -m Alter
ir^r, fift Tahren in Pr nceton (New Jersey) ge

?rir vrHrenS?n\eS?'^":o/aen.

/

?

\ macihte er n^ch SU«1^ ^^^^,

I an der "^'^^^^'^^rofessor an der

und *urde 1930 PW^ Von den

' Universitat ^raniuu ^.^^^^^

iNazisverlneben J^^hm^eander

1 universitat 0'^f°™,4t ^on Kall-
?er an der Umve; ;tat v^^ 1951

fornien m ^^r^^i^ez professor
, Ur dann KantoTTi;^ \^„te for

. I Advanced Study ^^,y,en

Zu semen ^e''^" rtl-eendes Buch
I gehoren ein sr»^d^^!f^he King's
I "Frederick I^ "• ^ Medieval
TWO Bodies, a Study b

, Theolog^'.

OLA^

HAROLD K.HOCHSCHILD

1270 AVENUE OF THE AMERICAS

New York 20

September 12, 1963

Dear Dr. Salz:

M

i

The death of your uncle.
Professor Kantorowicz, grieves his
friends in Princeton, including my wife
and me. Jke had the highest regard for
him. Please accept the expression of

our heartfelt sympathy.

Sincerely,

^7h^

Dr. Beate Salz
University of Puerto Rico
Rio Piedras, P. R,

P>

b

2?

V

\U>

D-r

I .

Ernst H.Kantorowicz

Reprinted from Romance Philoloqy, Vol. XVIII, No. 1, August 1964
University of California Press, Berkeley 4 • © 1964 by The Regent* of the University of California

Printed in U.S.A.

Reprinted from Romance Philology, Vol. XVIII, No. 1. August 1964
University of California Press, Berkeley 4 • © 1964 by The Regents of the University of California

Printed in U.S.A.

Ernst H. Kantorowicz

Neither the two short pieces from Kantorowicz 's pen published in the early
volumes of this quarterly/ nor his occasional contributions to other journals
in the general realm of language and literature,^ nor even the attention which
his concluding book venture has received in a fairly recent issue of RPh (XV,
179-184: Cecil Grayson) would in themselves justify a lengthy necrology.
Professionally, K. was, in essence, and to the last remained, a historian, so
that his death at Princeton on September 8, 1963 makes it incumbent upon
fellow experts rather than upon relative outsiders to assess his record of tech-
nically significant research. Yet there are three valid excuses for examining
here, in almost lavish detail, his oeuvre and its reverberations.

First, K., without ever abandoning his speciality, which was Western me-
dieval history, outgrew the confinement to a narrowly delimited discipline in
four significant ways: (a) temporally, through vigorous extension of his curi-
osity, in two opposite directions, to Antiquity and to modern periods; (b)
spatially, by developing a strong side-interest in the Byzantine Empire and
by concerning himself, through this gateway, more and more with the Near
and Middle East; (c) along the scale of scholarly disciplines, by becoming im-
mersed in archeology (including numismatics), art history, legal history, and
the history of religion and of ideas; (d) extra -academically, by taking active
part in artistic and intellectual movements and, later, upon occasion, in de-
bates over issues demanding a clear-cut prise de position.

Second, the twelve years that K. spent on the Berkeley campus happen to
coincide with a period of severe local stress and strain — convulsions which
marked or accompanied the launching of various intellectual ventures (a few
entirely or partially successful, others abortive), gave birth to this periodical
(coloring its tone and, to some extent, predetermining its scope), and culmi-
nated in the dramatic Loyalty Oath Controversy of the early 'fifties. The
climate of that peculiar lapse of time bracketing the war years and their im-
mediate aftermath deserves to be described at once, before it has completely
evaporated.

1 Reviews of L. Olschki, The Myth of Felt (IV, 281-284), and of Eudes de Deuil, La croi-
sade de Louis VII, roi de France, ed. Henri Waquet (V, 321-322).

* Review of R. R. Bezzola, Les origines et la formation de la literature courtoise en
Occident {600-1200)..., in CL, I (1949), 84-87.

1

g RouASCE Philology, Vol. XVIII, Xo. 1, Aug:iist 1964

Third and possibly most important, the life of K., a nian not only of va^t
learning, but also of keen sensibility, went through such sharp ^ums and
violent twLsts of fortune, no doubt painful in the extreme, as would have been
inconceivable before the mid-twentieth century. In more than one sense and
on a xeryr high plateau of sophktication, scholarly accomplishment, and a<;ti%e
involvement in pohtical events, he wa.s, to the bitter end, an cnJarU du sucle;
the manv cruel ironies of his life axid up to a sliver, however ^^lall of world
hL.torv. 'if, in moments of weakness and doubt, historians and philologi^
t^nd \o suspect that, for all their unstinting efforts to deal squarely with
scintillating personalities of the past, they themselves fall short of producmg,
from their own ranks, individuals colorful enough to capture the future ob-
serv^ere' enthusia^sm and imagination, then the tragic hves and cruelly puiic-
tured careers of a few such sparkling humanists a.. K. should caution the
skeptics to re\Tse their aU too pessimistic self-estimat.es. , . , ^

K 's entii^ life-span, not inordinatdy long (1895-1963), may be pictured
as a string of ironies and dLsciplined rebeUions against the resultant frustrations^
He was bom into that branch of an affluent and cultured German-Jewish
merchant familv which resided in Posen (Poznan), a city that Germany lost
in 1918 On a scholar so artistically sensitive to the German language as was
K and so firnJy root^ in the humanistic tradition of German umversities,
there must hav*e dawned some poignant awareness of the "^^^^^^^^^.J^'
tween the original and the subsequent territorial apportionment of his birtn-
place, lat^r exceeded by the realization - and thL« L. the second irony - that
only under Hitler was Poznan briefly reincorporate into Greater Germany
(1939-45) In his native citv K., conventionally enough, attended a ''G>Tn-
nasiun-i", a tv-pe of school which equipped him with a superb knowledge of
Greek and Latin but, again ironicaUy, in all hkehhood not of Enghsh, the
language he was to need most in later hfe. Having completed his stiff program
of what would here rank as secondare' and collegiate education, K. was r^y
to embark upon university studies, when the outbreaii of the First World W ar
(this is the fourth jarring note) interrupt^ his intellectual pursuits and f orc-ed
him into active mihtan^ serx'ice for four long years (he was stationed in Turkey
as a cavah^' officer). K.'s repressed thirst for knowledge was eagerly satisfied
in the post-war years, when he managed to attend, in quick succession, the
Universities of Berhn, Munich, and Heidelberg, earning at the laafc-n^ntioned
his Ph D in 1921. Still a resUess voung man, no doubt dashmg and dazzling,
he was before long accepted into the most exclusive and, in terms of intellectual
demands, most arist-ocratic group to be found an>'^^-here m Europe, the Circle
clustering around the poet-philosopher Stefan George; membership m that
circle made him, politicaUv, a consen'ative and opened the way for the pubb-
cation of his magnMm opu«, the brilliant two-volume monograph devoted to
Emperor Frederick the Second, in a series emblazoned by a styUzed swastika,^

.For a reproduction of two variant, of the "curv^ed", as diftinct from Hitl-'« -an^.
lar" FwLtTa, see G. P. Landmann, Sujan Gtorge und Bern Arm; ««* .^ . . ;;raphie
(Hamburg, 1900 j, pp. 12 and 14.

Ernst H. Ivaxtorowicz

3

then an innocuous ornament, but a cruel irony in retrosp)ect if there ever was
one for a man unwavering in his commitment to Judaism.^ His first academic
appointment, in the less than prestigious University of Frankfurt, came fairly
late (1930), but the delay might have been compensated by an accelerated
promotion to the full professorship (1932), with Hitler's militia ante portas,
were it not for the fact that, facing dismissal, K., two years later, elected to go
as visiting professor to Oxford, so that, much as in the case of Erich Auerbach
(see RPh, XI, 162), his teaching career in Germany — the country whose
most recondite histor>^ he knew so intimately — was a ridiculously short
episode, the sixth irony in his life. Stefan George himself lost no time in making
unmistakably clear his aversion to National-Socialism, but the pseudo-^lite
of that movement, frantically seeking legitimation, ferret^ed out certain em-
barrassing resemblances between the two "Bewegungen", the "Fiihrer's" and
the "Meister's", and some authentic members of George's group, one is
ashamed to add: precisely those recruited from among academicians, e.g. the
Germanist Ernst Bertram, hailed in glowing terms the Party's advent to power,
thus giving a man like K. the mortifying impression that some of his best
friends of long standing had, through naivete or opportunism, become his
bitterest enemies. I am unaware of K.'s exact whereabouts and activities in
the dark years 1934-38, a period of life he rarely mentioned during his stay at
Berkeley, but if , as I suspect, concern for the remainder of his property acted
as a (nearly fatal) brake on his plans for emigration, critically delaying his
precarious adjustment to a new environment and exposing him to indescribable
humiliations and disappointments, then dwindling wealth, for once, acted as
an impx?diment — the eighth major recurrence of irony in one man's life.

By 1939 K. had finally secured a non-tenure position in Berkeley's History
Department (a rank which six years later was converted into a full professor-
ship ; he also had his share in the Army Specialized Training Program, lecturing
on Italian histor>'), and it seemed that now, in his mid- 'forties, a man so
erudite and so richly endowed \\-ith the ability to form worthwhile friendships
and to attract promising students, could at long last embark on a life quietly
productive and serene; but such was not to be the case. There was, first, the
unresolved problem of scholarly output. K.'s above-mentioned eminently
successful rtvagnum opus, which, in the wake of three editions in German
(totaling 10,(XX) copies), had meanwhile been translated into English (London,
1931; reprinted New York, 1957) and into Italian (Milan, 1939), had alerted
readers to his uncanny power of svTithesis, leading them to expect a reasonably
quick succession of works of comparable scope and impact. But this energy K.,
drifting from crisis to crisis, apparently was no longer able to muster, except
for one final attempt as late as 1957 (The Kind's Two Bodies: a Sivdy in Me-
diaeiul Political Theology) ; what he did produce was a quantitatively modest
series of brilliant middle-sized articles, each a veritable gem (to use his own
favorite label, Kabinettstuck) of medievalifitic craftsmanship, each an un-

« Cf K.'b candid self -description in the latest edition of Who's Wko in America.

4 Romance Philology, Vol. XVIII, No. 1, Auirust 1964

eqaivocallv ol(;ar token of what ho might have been turning out under more
auspicious' conditions. The irony here consisted in the pathetic paralysis ot a
uniquely welcome talent by no m(«ans extinct, in the random and purpos(;J(^ss
fragmentation of research clamoring for vigorous subsumption und(^ larger
units. The only travail de Imgue haleme, close to the midway-pomt between
the dates 1981 and 1957 enclosing this gap, is -Lavxici^ Regtae'': a Study iti
Lit.umr.al Acdamatimi and Medtaeval Ruler Warnhip, which K. wrote in col-
laboration with the distinguished musicologist Manfred F. Bukofzer {UCP
Hist XXIIl [19401; pp. xxi, 292). And here the irony - first pointed out to
me by his devoted friend L. Olschki - was that K., a consummate expc^rt m
the art of tracing sourct^s and unraveling threads of transmission, failed to
recognize the Hebrew prototype of the models at issue, a relation almost ob-
vious to anyone even faintly conversant with the orthodox Jewish liturg\'
and this despite the fact that K. had become deeply se.nsitized to his familial
cultural heritage. But this (one might say, moral) setback was not all an
incurable bachelor fref^ of financial anxieties, K. was rumored to have rejected a
ver>' lucrative offer from Princeton's celebrated Institute for Advanced Study,
preferrhig daily contacts, on a bus>' campus, ^^ith colleagues and students
from various walks of life to an aura of splendid isolation. It took that mile-
stone of the inglorious McCarthy Era, the University of California's Loyalty
Oath Controversy, in the course of which liis contract was rescinded, to oblige
him to accept, reluctantly, a position carrying far great-er prestige and dis-
tinctly more generous rewards than did liis grinding job on the staff of an
overcrowded state university. But within the irony of this ludicrous mcident
on the scene of the professional employment market there lay hidden the m-
comparably graver irony of an erstwhile staunch consen^ative and compamon-
at-arms of Stefan George (whose photograph continued to adorn his desk),
now conceivably turned, through a hard lesson that hLstor>' had inexorably
taught him, into an enlightened, restrained Hberal, but certainly not mto a
radical of any controversial hue, seeing himself grouped by many, through
false association in a burst of mass hysteria, with partisans of left-wing ex-
tremism and subversion; a final irony, indeed, perfectly fit to occupy the
twelfth place in our roster.

So far for human interest. It is chiefly on the grounds of intellectual acliieve-
ment, however, not of personal tragedy, that a scholar of K.'s caUber must be
judged and that the relevance of his aruvre to the humanities in general, and
to paleo-Romance st,udies in particular, should be established.

K. joined George's Circle in the early 'twenties, at a time when its center
had shifted from Berlin and Munich to Heidelberg and when its leader had
sloughed off his original appearance as esthete, anti-Philistine, and avant-
garde poet akin to the French sr^mbolists, adopting the utterly different r61e
of austere, almost morose, preceptor and uncompromising shaper of human
destinies. But even in this new part there remained sometiiing of the early

Ernst H. Kantorowicz ^

George, whoso ancestors had come to the R.hinoland from France; who, on
completing his collegiate studies in Darn^st^dt, had made a point of travelling
to France, French S\\itzerland, Italy, and Spain; who, as an adolescent, wrott^
some verse in a self-inventod ''Romance" language; who, upon taking up
formal studies in the modem and mediev^al lang\iages at the University of
Berlin, met his first associat<^, C. A. Klein, in — of all places — a lecture
course on Romance philolog\' offered by A. Tobler; who counted several young
Mexicans (the Penafiel clan), then on an ext-ended visit to Europe, among
his earliest friends and, for a while, conversed almost exclusively in Spanish;
and whose roll of favorite poets, worthy of translation into German, ranged
from Dante to Baudelaire and Mallarm^. This is not the place to muse on the
hidden relation between the total grasp of Romance culture, as preached and
practiced by a succession of eminent Central European scholars, from Diez
to the modems, and the simultaneous exposure to several Romance cultures
running like a red thread through the works of distinguished poets, whether
German (like Heine and George), or St^^ss (like C. F. Meyer), or Austrian
(like Hofmannsthal and Rilke). SuflBce it to say that in his poetic vision of
early Gemian histor>^ George assigned a place of conspicuous prominence to
the fabulous Emperor Frederick II, in whom the strands of Germanic, South
Italian, and even Semitic culture were uniquely interwoven to form a har-
monious whole; that some trained historians who formed part of George's
intellectual retinue strove to give scholarly significance to that poetic vision;
and that, from this fermentation, K.'s monumental work {Kai.ser Friedrich II),
desen-edly successful for three long decades, emerged as the most definitive
experiment. This research effort, inspired and incessantly abetted by George
(throughout those years a frequent guest of honor in K.'s house at Heidelberg),
endowed our historian 'with a powerful leverage in attacking such problems
of early Roniance culture as centered around the antecedents of Dante. ^

' The firel ineml>er of the K. family who. no lat«r than 1899, joined George's Circle —

at that juncture not yet bo stubbornly misogj-noue a? it was to become soon after — was

Ernst 's distinctly older cousin Gertrud K. inom de : Gert Pauly ). expert in Italian

■":-*•- painting and ancient Greek art. .I.;^iator of Bergson. friend of the

, , __ _ . - ...imel , and poet.ess in her own right . active down to her tragic death in

tiie dismal climate of Theresienstadt ri945); on her martyrdom see R. Bf»ehringer, Mein
Bzld van :<( Munich and Dusseldorf . 1951 ), pp 94 f ., 215. In the Supplenient

tothi,- ' .'"^bowf^i: '^^ •r'-aph of E.K. as an adolescent. On E.K.'s activities

HP b L je, in J .rly twenties) and in Heidelberg (mid-'twenties),

see Boehrmger, pp. 175 and esp. 18() ("George sagt-e von ihm, er sei was die Franzosen
Chevalier genannt hatten"); E. Salin. Vm Si- ' ^- oc: Erinnerung vnd Zeugni*
^u ru .:^^-' 'b and Dusseldorf. 1954). pp. 55. 58. ::, . . : ^10 f. (relation to his closest
friends t stage. Percv Gothein and Count Woldemar Uxkull-Gyllenband).

C>n George's youth see'F. Wolt-ers. Stefan George vnd die ''Blatter fur die KumV...
' a, 193' p. 14 'readings in Petrarch). 22 f. (friendship with three Mexicans in

..■ .- and'l.' ... .^ (juvenilia composed initially in a self-devised "Lingua Romana").
The attendance of Toblf'r'^ "Kolleg" is att^st^d by C. A. Klein, Die Sendung Stefan
Georges; E-nnnervngem • , 1935). p. 11. The famous evocation of Frederick II is

• ' - - ^ :>oem "G"-^" '' ^'■•^ier". included in Der Siebente

._ ; ;.:... wahren . • n- /Zum Karlen- undOttonen-

plan im blick/ Des morgenlandes ungeheuren traum./ Weisheit der Kabbala und romer-
wurde/ Teste von Agrigent und Selimunt"; cf . K Hildebrmndt, Doi Werk Stefan Georges

e Romance Philology, Vol. XVIII, No. 1, AuRUst 19(14

K 'B work on Emperor Fred.^rir.k 11 abounds, of oourso, with information of
direct and ol.liquo relevance to the student of 13th-century Romance culture;
more in.portant, th<. points of broad n.ethodology which it raises, as revealed
especially in tl... bitter, if chivalrous, controversy that for ye^r. raped around
its first volun,e, remain, to this day, central to all strategy o r<'^^f"lf^
humanities. The criticism that F. Baethgen, in a lenient mood and A. Bra ,k^
mann, with less restrained severity, leveled at K. and the author s n^btattal of
the latter's strictures (which inevitably led to a counterrebuttal) form a
tetrad of pronouncements as stimulating, not to say disquietmfi, for today s
readers as they were for the breathless observers of the dispute.' Romance
scholars will discern, from any exposure to these materials, two facts of para-
mount signiticance: first, that Oroce-Vossler's '•idealistic" team was not iso-
lated in attempting to storm the citadel of '-positivism", in other words, that
man.hurc lQ6n , pi. 24(1 and 41« Tlie firBt scholarly ech<, pre^ding ^v a mzablf margin

i^'JIS.tlel-^nl^^fonT^^^^^^^^

article t.. P^^^^""'Y:T'}!.Z!'!'ciT"Lm a ctoacle of nuuiemiBtic htt^rateurn grew

inti^'CXorgir^^'Se;;.^^^^^^^^^^^^

vuls,on. of thj. Third liejch^^^^^^^^ ^^ J;K,Xut^9ll'^ga^n acceptance rL into

^f^a^ti:Z:Z:^^::^ o"^^v?."Srme„'tt:o?Lct InlmediateU appeal-
in. ilte^^lf^ecacc-.^ Petrarch, but alHo t,. th. diHcuas.on of ,H=rHonageB,
opicrLid V.O. like Alexander the Great, Ari«'.>tl..Anti,uny falconry
•^ Baethgen's mildly ch.diug ""''""<: ,»I?»''™^/^,,^drfc^fn"'.mvtii
^'"•^'"'r'n'le'/turt J^r'^d l«f?m. t^'ltuBLiAcadirny of Science, on May 1., 1929),
rJ'eTu^lv de",''?eX " 'wX«chau. cine Er,Mderung", -^ «-kn.an,VB^p-

t^tu^'&lZ^^^'^ latt ':nfailed counter-re.oinder. Bigned by
A Brackmanii and by li. Konetzke.

Sbkst H. Kantorowtcz 7

rosistance to traditionalism or to temporary staleness in historical disciplines
was somehow in the air; second, that, counter to an equally widespread belief,
the domain of lang;iiago and literature was far from representing the sole
battlefield on which such issues were being settled in those days.^ In particular,
there seems to exist a hidden link, though hardly any equality of talent or
parity of formulation, between K.'s approach in 1928, which contemporary
opponents repudiated as "symbolic", and the currently fashionable symlx)lic
analysis of medieval literature.®

Baethgen, after freely acknowledging K.'s boldness and originality in
bringing to bear, for the first time and on such a sr^eeping scale, the phe-
nomenologicAl approach on a straight medievalistic subject,^" remarked on
the danger of mistaking pretense for reality and gestures for actions. Brack-
mann, in weighing K.'s merits, raised the objection that K.'s image of the
unique German -I talo-Oriental monarch rested on an aprioristic idea emo-
tionally embraced C'geschaut, gefuhlt, erlebt") and only secondarily padded
with factual documentation, and that such display of the author's 'imagina-
tion cr^atrice" ran counter to the traditional "Geist der Wahrhaftigkeit", i.e.,
to fundamental honest y.^^ K. contended that his accuser was not one whit less
aprioristic than himself, since "Standpunktslosigkeit ", on balance, also in-
volves a certain faith, if not precisely an edifying one.^^ go far as I can see,
none of the disputants affirmed (as I incline to do) that a scholar can break
loose from a sterile amassment of bald facts by an initial ''poetic" vision, but
that this new, ecstatic \iew can and must, in turn, be gradually modified
through an increasingly sober examination of cold data. Indirectly, however,

« These momenloue circumstanoes have Dot been sufficiently taken into account by
those American neo-positivists who have been running amuck in assailing all shades and
hues of "idealism ". For one spokesman's resolute, if slightly anachronistic, stand, see
R A.Hall Jr., 7d«aZisrr - r ...,.„,.. ^ - -. c ^ ... (j^i^aca, N.Y., 1963).

» I assume that J.^. - .c that its first advocate (194/), at least m

Romance scholarship, was K. K. Bezzola; characteristically, a professor at the German-
Swiss Tniversitv of Zurich (see 'Symbolism and Allegorv- in Arthurian Romance''. /?r A,
XVII. n^- '^'^' ""^^ the introduct'ory paragraph). As a selective guide to a judiciously
critica )f this trend, see* the Helaine Newstead Bibliography, ibid., 527-534,
particularly Nob. 23 (1. Dubs). 26 (A. Fierz-Monnier). 29 CW.Y. Tindall), and 46 ( "Eng-
lish Instit ■ " ^ s") . N ' at K 's svmbolism precedes by a margin of almost twenty
years the ; ^..c^e of L. u^ reputedly trail-blazing book L( sens cU Vaventvre et de

V amour: ( ^ (ii Troyes. ^ , , v i

"' I w(mder whether Husserl's philosophical approach has here been gratuitously

1' Brackmann. in aiming his concluding broadsides at K., was visibly irritated by F.
Wolters' ta.steleB8lv fulsome eulogy- of the George Circle, at the moment just off the preas
(Bee fn 5 above) . What he apparently failed to realize v - ' at . even withm the closest
e' 'im'ent of the aging poet, the keener minds dep: .^.d any endorsement of the
V..:.. :.- book, without bothering to make their condemnation public. Privately
F. Gundolf was especially articulate in voicing his dissatisfaction; cf. Briefwechsel , pp.
387-391 (letters to K.Woifskehl and to J. Landmann). _, . t c ♦

12 \ similar objecticm '' '^" precinct of linguistic research, was raised by L. hpitzer
acamst L Bk»omfield's o ; for scholarly detachment with behavioristic overtones,

see Lang XX (1944), 245-251 . From this coincidence and even affinity, however, it doee
not necessarily follow that K was a fervent admirer of Spitzer's v: ■/•—<= I remember
distinctly K 's disparapmp comments, in private conversation, on .-, re skewed and
amateur ish view of medieval culture).

S Romance Philology, Vol. XVIII, No. 1, August 1964

this hypothesis that a first-rate scholar's mind is bound to range from a
visionary's passion, excitement, subjectivity, engagement to a cool-headed
analyst's re-structuring of the entire argument in balanced, rationally unas-
sailable terms is alreadv discernible here in embryonic form. It underlies
Brackmann's conciliaton- admission that K., through his patient, exemplary
archival research in the Monummta Germaniae Historira, has fully redeemed
his status as objective researcher. More impressive still, it seems to explain
K.'s decision to issue a separate volume of detached and copious documenta-
tion, and to delay its publication, counter to his original plan (I, 651), for
three no doubt excruciatingly long years. Paradoxical as my ex-post facto
judgment mav sound, it is this wholly unexciting supplementary volume of
annotations, i.e., of sources (pp. 7-252) and excursuses (pp. 253-307), that
in retrospect makes K.'s monograph the least pretentious, hence, m all likeli-
hood, the most enduring contribution to an otherwise vulnerable series of
studies in Geistesgeschwhte C'Werke der Wissenschaft aus dem Kreise der
Blatter fur die Kunst"), whose rhetorical glitter has meanwhile become tar-
nished through the writers' unengaging prose and, in some extreme instances,

repulsively turgid style. , • ^ • ,,

For an avowed layman in matters historical (like the necrologist) it would
be presumptuous to pass judgment on the thirty or so articles, notes, and oc-
casional book reviews— many of them difficult of access— ,^« to say nothing
of one isolated preface to a monograph, all of which constitute the corpus of
K.'s scripUi minora in the latter part, of his life.»^ The style of K.'s writings was

^^Without wishing to trespass on the dominion of his intellectual peers or heirs, I
wonder whether one should not salvage K.'s shorter writings preferably in their en-
tirety by collecting them conveniently into, say, two sturdy volumes. There is no dearth
of precedents for such handy posthumous guides on the Contmental scene (let me cite at
random G. Paris' Melanges Unguistique^, F. de Saussure's Recuedde publications scien-
t^fiques W Schulze's Klemc Schriften, W. Schmidt's AufsdtzcundVortragc) and the sue-
oess Tn this country of E. Sapir's Selected Writings, ed. D. G. Mandelbaum (1949)
accompanied by a slimmer "sampler" volume in paperback (Culture, Language, and
PersonaUtv: Selected Essays: cf. Hl^h, XI, 101 f.), would tend to serve as a source of en-
couragement. One detects an almost precious attitude m this exaggerated dispersal of a
distinguished scholar's output, a situation crying for remedy through some kind of
miscellany or "collectanea" volume; for discussion of a similar case comparably solved
see AmerAjithrov.,hX\ (19G3), 1405 f . ,. . ^ , , ■ *•

" Here in roughly chronological sequence from the late 'thirties to the early sixties,
is the succession of K.'s scholarly opuscules, short of those nientioned elsewhere m this
necrology; their mosaic has been pieced together with the aid of the J^niv^ of Galit . Ar-
chives and with much personal assistance from O. Maenchen ^^fi.^^l'f.'^^'^^^^^
lehrter Anachorese im Mittelalter (Stuttgart: W. Kohlhammer) ; pp 13^ 1938. Petrus de
Vinea in England", Mitteil. des Osterr. Instituts,\, 43-88. {9^yf,\'^_^\f''Z^^^^
Roger van der Weyden", J. o/ the Warburg andCourtauld l?3}^i}^},^7^.\^^,\^^^^
Nomian Finale of the Eiultet and the Rite of Sarum" Hr/ift XXXI\ , 129-143. i942.
"The Problem of Medieval World Unity", Amer. Hist Assn Annual Report, III, 31-3/ ,
"Ivories and Litanies", JW<kCI, V, 56^81 j/Tlato m the Middle Ages , Phihs Rer^^^^^
312-323 1943: "An 'Autobiography' of Guido Faba", Med. 6: Rcnaiss St ed. VVarburg
Institute 1:2, 253-280; "Anonymi'Aurea Gemma'," Med. d- Hwnan I. 41-57; (with G.
L Raskins) "A Diplomatic Mission of Francis Accursius and his Oration Before Pope
Nicholas III" Engl. Hist. Rev., LVIII, 424^7. 1947: "The Quinity of Wmchester ,
ArtSutl XXIX 73-84. 1948: Rev., Class. Phil., XLIII, 2m., with an important com-
menf on tit atomlzatYo^ of historical knowledge, of Eleanor Shipley Duckett, A n,/o-
Soj^on Saints and Scholars (1947); -Christus-fiscus- , Synopsis: Festgabe fur Alfred ^eber

Ernst H. Kantorowicz

undergoing a dual change in those years of adaptation, in the general direction
of progressive austerity. Gone was the temptation to rely on pyrotechnic
prowess with the new and cmel necessity of writing in a medium mastered, to
some extent, on a lexical and a grammatical, but at no time on a stylistic level.
From now on the intrinsic merit of an argument and the volume and caliber
of its documentation alone carried weight, and no longer the dazzle of its
verbalization. Hand in hand with this reorientation went a radical change in
the typographic appearance of K.'s output. The desire to eliminate pedantry
by omitting footnotes altogether, in Gundolfian manner, or by relegating them
to a separate inconspicuous section is no longer in evidence; paradoxically, K.
was heard criticizing Speculum severely for its temporary experiment with
the latter solution, as a result of financial burdens rather than of esthetic

proclivities.

Can one extrapolate from K.'s shorter writings certain constants? One dis-
cerns in them an incessant quest for enhanced sophistication or, if you prefer a
term less tarnished, intellectual sublimation. This goal he achieved by selecting
topics at points where several disciplines: political, legal, intellectual, ec-
clesiastic, artistic history abutted on one another or intersected, obliging the
researcher to acquire and display many disparate, if complementary, skills.
Art, in this context, did not mean poetry or literature alone, but extended
ever more to painting and music. In this widening of horizons and mutual il-
lumination of different categories, K. was privileged to receive considerable
guidance from such experts among his personal friends as, I repeat, Bukofzer;
also En^'in and Dora Panofsky. Another type of interdisciplinar>^ venture was
the self -immersion in a culture rich in varying strains and beneficially secluded
from the ordinarj^ academic "Betrieb", such as Byzantine culture; or the
choice of transitional periods — twilight moments of world histor>% as it

(Heidelberg), pp. 225-235. 1949: Introduction (pp. 7-21) to Luis Weckmann Las bu^o*
aleiandrinas de IJ^BS y la teoria politica del papado medieval (Jlexico City). JWZ; Kaiser
Friedrich II und das Konigsbild des Hellenismus", VaHa T ariorum; Festgabe fur Karl
Reinhardt, ed. F. Klingner (Mimster & Cologne), pp. 169-193; ^'Deu^ pernaturam,D€us
per qratiam: A Note on Mediaeyal Political Theology" [review article based on G H.
Williams The Norman Anonymous of 1100 a.d. (Cambridge, Mass., 1951)], H 1 hti \l^\ ,
253-27^295/: ''Su^po.0. Ai^", aJ. J. Arch., LVII, 65-70. i95^:- Inalienability: A
Note on Canonical Prn"^ and the English Coronation Oath in ^h^, Thirteenth Cen-
tury" Svec XXIX 4^^ - i955: "Invocatio Nominis Imperatons , Boll, del tentro
di St Fil Ling Sicil., ed. E. Li Gotti, III, 1-16; "Mysteries of State: An Absolutist Con-
cept and its Late M ediaeyal Origins", HThR, XLVIII 6S-91 , "The C-^-ngian King in
the Bible of San Paolo Fuori le Mura". Late Classical and Medieval. ^ ^^ in Honor of
AWer Mathias Friend, Jr. (Princeton, N. J.), pp. 287-300, 2 plates 19S6: "Baptism of the
Apostles", Dumbarton Oak Papers (Cambridge, Mass.. 1941 - ) Nos. IX-X volume
dedicated to A. A. Vasiliev) , pp. 203-251 (paper read two years earlier at the local S> m-
posium on Byzantine Liturgy and Music" and co-dedicated to the memory of

mspirec

the Transformation of Apolline Et^ucs - ^'^^^?^^^\^^^'''';^' ^^^^^

Festschrift fur Ernst Langlotz, ed. K. Schavenburg (Bonn), pp. 2^274. 1961. K ngship

under thi Impact of Scientific Jurisprudence", Twelfth-^' ' / Europe ^^d%l^^^^^.

turns of Modern Society; Proceedings of a Symposium ... , eds. Ciagett, rost, ana

Reynolds (Madison. Wis.), pp. 89-111.

20 Romance Philology, Vol. XVIII, No. 1, August 1964

were — , such as the centuries separating Antiquity from the Middle Ages ;^ «* or
the discovery of "red threads" extending over millennia, from ancient Egypt to
the court of Louis XIV. Since the favorite features under scrutiny related
not to economics or to material civilization, but to the precinct of the human
mind K. not infrequently selected, as titles for his articles, highly effective
formulas or slogans, preferably in Greek or Latin, extracted from the pro-
nouncements, epistles, or other writings of the poets, statesmen, and prmces
of the Church (e.g., "Deus per naturam, Deus per gratiam"; ''Invocatio
nominis imperatoris"). These flamboyant titles may rank as a hallmark of
K 's scholarship, a last ineradicable residue of the quest for expository ele-
gance, though it should be added, in all fairness to his exquisite taste, that he
did not spurn more matter-of-fact headings.

Having narrowly escaped the nightmare of the 'thirties and having as yet
no knowledge of the unspeakable horrors of the eariy and mid- 'forties in
Europe K., in a moment of repose — a brief respite from persecutions —
could afford to strike roots in Berkeley; small wonder that the scent and
warmth and sheer beauty of the East Bay area released in him such a feeling
of intense euphoria that it proved difficult for rival institutions to lure him
away even by skillfully baited offers. •, • • *u

First and foremost, K. attended, of course, to his teaching duties in the
local Department of History. Official records show that the courses assigned
to him included ^Medieval (Thought and) Institutions", 'The Renaissance
(and the Enlightenment)", " Constitutional History of England", ''Medieval
England", "Seminar in Early Medieval History", and "Historical Auxiliaries
to Medieval Studies".^^ He had a small following of very devoted students
and acolytes who recognized in him not only a versatile and ingenious re-
searcher, an inspired teacher, and an acknowledged expert in all phases of
European history, but, far more thrilUng, the very embodiment of European
intellectual refinement, a living specimen of that lineage of giants and
geniuses whose images he conjured up in his lectures.^'

I am less certain of K.'s success in establishing any enduringly fruitful rap-
port with the bulk of American medievalists of his own generation. Admiring

u Though himself a medievaliBt specializing i^n the 13th century K, was invariably
PRi^er to cultivate the friendship of distinguished and imaginative classicists. Two such
Sfnds whom he had first met in California: Harold F. Cherniss and Ludwig Edelstein,
iRter crossed his path again after his transfer to the Atlantic Coast

I'xhe univerritv's General Catalogue for the academic year 1940-41 circumscribes
thus the scoplof -Medieval Institutions" (125 A-B) : ;A survey of medieval rulership,
Pnn«titutions polit cal thought, and church history". In the following year, the course
Jenfmed ('M^S and Inst.") and extended to include two more semesters (125
C-^ The Age of Transition [ISth and 14th centuries], Byzantium), was defined as en-
compassing ''medieval rulership, ecclesiastical institutions, political thought, and m-

*^"'MnTelesti^^^^^ a "human document", anecdotally spice^^, rather than as a deeply
probinE analysis is Grover Sales, Jr.'s memorial account of K.'s classroom performance
and of the impression that he made on Berkeley's typically ^lerX N achwucl^
rThe Scholar Zd the Loyalty Oath", San Francisco Chromcle, Sunday. December 8.
1963; Magazine Section, pp. W 27-30, with a photograph).

Ernst H. Kantorowicz

11

as he did the accuracy of the research produced in this country, he could not
help finding slightly "positivistic", at least for his discriminating private taste,
the slant of the scholarship associated with, say, the Mediaeval Academy of
America, a mental reservation which did not prevent him from becoming
eventually an appreciative Fellow of that Society. Obviously, the American
scene of the mid-20th-century regaled him with scant illustration of the or-
ganic, meaningful survival of medieval culture, as far as urban mass civilization
was concerned. On the other hand, in his contacts with broadly educated
laymen, K. was, at intervals, disconcerted by the widespread belief that the
real novelties in history, forming the frontier-line of advanced research, neces-
sarily stemmed from current events, whereas to him the ingenious reconstruc-
tion or powerful reinterpretation, sometimes from a bare minimum of evidence,
of the long-hidden distant past appeared to mark the real acme of a historian's
sophistication. With the passage of time, he might have been seduced into
modifying his initial opinion through closer contact with American anthro-
pologists (and their coterie), a team of workers whose curiosity is ceaselessly
titillated by the task of piecing together the dawn of culture. The apportion-
ment of certain scholariy temperaments to given realms of knowledge simply
happens not be be the same on both sides of the Atlantic, with the result that,
after an extended search, any expatriate or refugee may ultimately manage to
discover some kindred souls, but, counter to expectation, in all likelihood not,
at least not preponderantly, among his direct peers or counterparts.

Having lost a first circle of intimate friends, a few through premature death,
others — worse — through cruel estrangement and disillusionment, K. soon
built up, at the height of the War, another such group, cutting across narrow
departmental boundaries. This looser Bay Area circle, lacking any strictly
ideological homogeneity, included not a few Americans or thoroughly Ameri-
canized Europeans, from whom K. was willing to learn and who, in turn,
sought enlightenment from him. Among local fellow historians, John D. Hicks
conceivably understood him better and esteemed him more than did others;
within the all-campus perspective, the encyclopedically cultured Max Radin,
insatiably thirsty for all kinds of historical and humane knowledge, was an
object of K.'s boundless admiration.^* The circle's far more characteristic
ingredient, however, was a closely clustered group of European refugees (of
varying vintage and background) who shared with K. their roots in a great,
if imperiled, broadly Continental, rather than narrowly national, culture;
and their grief over a shattered image of Europe's intellectual and artistic
glamour and brilliancy. Many of these new friends were faculty members of
the University of California and of near-by Mills College (where K., I under-

i«» One final ironv: as an indirect repercussion of California's Oath Controversy K.'s
ambitious plan (his favorite project) for a posthumous Festschrift in honor of that stal-
wart of liberalism, Max Radin, ran afoul of difficulties and came to naught wherea^
Max's brother Paul, the well-known anthropologist and avowed Marxist, indeed received
an almost inordinatelv luxurious memorial from an independent sponsoring group of
social scfent^sts?^^ in H^sU^ry: Essays in Honor of F.R., ed. Stanley Diamond (f^ew

York, 1960).

12 Romance Philology, Vol. XVIII, No. 1, August 1964

stand, was a frequent guest at the home of Darius and Madeleme Milhaud).
Some of these contacts in the gradually emerging ^'Athens of the West were
of an ephemeral or superficial kind - mere intellectual amenities - and thus
deserve no elaboration. One friendship that led to a collaborative medievalistic
project culminating in a fine joint monograph (the aforementioned Lawies
Regiae) involved that unforgettable musicologist Manfred F. Bukofzer, a
personality almost as scintillating and dynamic as K., whose premature death
(1955) from leukemia at the age of forty-five, tragically coinciding as it did
with the exodus of K. and some other ''non-signers", closed an irretrievable
era of intellectual radiance and European-American symbiosis (see Ruth
Piette, RPh, XI, 207 f.). Among local Romance scholars who shared some of
K.'s interests and enthusiasms, special mention should be made of Ronald N.
Walpole and, for a few fleeting years, Maria Rosa Lida de Malkiel.

The decade of 1939-49 saw the foundation of several new groups and lecture
series on the Berkeley campus — ventures which, in contrast to the well-
endowed Sather Lectures in the field of Classics, operated on minimal re-
sources, but generated all the more fermentation. Of the three newly created
nuclei the very influential Linguistics Group (established in 1941 and leaning
toward the anthropological approach) was least germane to K.'s interests,
and he probably did not once attend its meetings. The earlier part of the "Ro-
mance Philology Lectures" (1949-57)^^ undoubtedly attracted him and, had it
not been for the Oath Controversy, both he and his close friend Leonardo
Olschki might have adorned its speaker's rostrum, just as K. was twice per-
suaded to contribute to this journal.

It was, however, the third (and, actually, oldest) of these academic gather-
ings, the' "Colloquium Orientologicum", that became the principal vehicle of
K.'s' social and scholarly activities for more than ten years.^o K. read his first
paper on October 30 and November 27, 1940, spreading it over two long eve-
ning sessions, with adequate time reserved for unhurried discussion. He it was
who set the tone and the standard of the meetings, who read — or almost
chanted — the most memorable papers, who made the most incisive com-
ments — never sarcastic — on the papers read by others, and who attracted
into the orbit of the Colloquium, as active or passive participants, numerous
younger scholars from different academic walks, thus transforming a narrowly

i» For a complete list and analytical digest of these lectures see B. M. Woodbridge,
Jr RPh XI 198-209. Note that the brilliant concluding paper by Hans H. h rankel who
subsequently moved to Stanford, thence to Yale, appeared in expanded and polished
form as late as Mav, 1963 {KPh, XVI, 387-401). x.., , • , , • c ,u^

» It was launched bv the late F. D. Lessing, an erstwhile friend and companion of the
explorer Sven Hedin and for several years director o{ Berhn's \ olkerkundemuseum, who
in the 'thirties had accepted an Agassiz Professorship in Berkeley s Department of
Oriental Languages, where he prepared his . Mongol dictionary. In 1952 Edward
H Schafer presented to Lessing a unique collection - bound in three handsome volumes
-of the announcements of the first 112 colloquia, with (wherever possible) attendance
lists and either the original typescripts (also mimeographed "hand-outs ) or reprints of
the published articles attached. I am grateful to the present Secretary of the Colloquium,
Mr James E. Bosson, for having authorized me to peruse these volumes in leisurely
fashion and to extract from them a wealth of relevant bits of information.

Ernst H. Kantorowicz

IS

bounded seminar into a showcase of sparklingly encyclopedic learning, a dis-
tant echo of Goethe's Westdstlicher Divan}^ K. also excelled in the art of shift-
ing the semiformal discussions from the floor of the Colloquium to the more
intimate surroundings of hospitable private homes, especially his own, where
he delighted in displaying his matchless gastronomic finesse.

It would be otiose to enumerate here and downright hazardous to attempt
to appraise the manifold offerings of the Colloquium in the decade of its prime,
now almost legendary. Some papers were elaborate in the extreme, judging
from their published versions; others may have been experimental or im-
pressionistic.^^ Topically, art history, history of religion, political history,
archeology, folklore, anthropology, older literature, philology, poetics, and
even straight linguistics (perhaps more graphemically than phonemically
oriented) were all represented. ^^ The long-obscured ancient relations between
Orient and Occident loom again and again as the dominant theme; throughout
those years, this particular line of curiosity brought K. into contact with such
luminaries as the Italo-German Marco Polo expert L. Olschki of Heidelberg
fame (precariously established in California after 1944), the Russian Sinologist
P. A. Boodberg, at that time passionately engrossed by Turkic and other
Oriental elements in the lexicon of his native tongue, and the Austrian art
historian and archeologist O. Maenchen, absorbed by such problems as an-
cient Central Asia, Antiquity's forgotten caravan routes from China to the
West, and the cradle of the Huns.^^ Such representatives of the modern-

21 Here are the topics of K.'s own papers read before this audience: "A Historian's
Methodological Views on [F.J.] Teggart's Book on China and Rome [A ^^Y.^y^lf^^YMt
lions in Historical Events, Berkeley, 1939]" (1940); "Liturgica Illustrata (1941); The
Reception of the Kyrios" (1943), cf . "The King's Advent and the Enigmatic Panels in the
Doors of ISanta Sabina", Art Bull., XXVI (1944), 207-231; "Epiphany and Coronation
(1944); "Synthronus, Throne-Sharing with the Deity" (two evenings, 1945), cf. .4m. J.
Arch LXVII (1953), 65-70; "Roman Coins and Christian Rites" (1948); ' Oriens
Augusti" (1950). The subject of the talk he gave on September 25, 1946, remains unidenti-

" EsDeciallv meticulous were two paleo-Sinitic studies later channeled through the
Harv. J of aI St., XI (1948), 372-440 (M. J. Hagerty) and XIV (1951), 130-154 (E^H.
Schafer), likewise sundry Indie contributions by M. B. Emeneau, almost all of which
have later appeared in print; cf. his four-volume book (1944-46) based on Kota heldnotes
and written in collaboration with S. Thompson (UCPL, n:l-2 HI: 1-2) as well as .7 4 OS
LXI (1941), 1-17; LXVII (1947). 1-13; JAF, LVI (1943), 272-288; ICPCPh, \lUAp
(1949), 345-370; UCPSPh, XI (1951), 87-102. The last-mentioned volume, slightly di-
vergent from the colloquia inasmuch as its center of gravity lies in the Near rather than
the Far East (= Semitic and Oriental Studies: A Volume Presented to W illiam Popper, ed.
W J Fischel) contains, aside from Emeneau 's, several additional papers delivered origi-
nally before the Colloquium (Shih-Hsiang Chen, W. J. Fischel, CJ. E. Gibson) and other
articles illustrative of the climate here described, including one from K s pen ( l^ante a
Two Suns" pp 217-232); it presents an excellent cross-section of Berkeley s philological
activities, at their most original and diversified, near the mid-century point and imme-
diately before the baneful effects of the Oath Controversy. ,, /r^ . o- inonN f

«» To cite a few items at random: A. L. Kroeber, "Idea Diffusion (Oct. 2o, 1939), of.
"Stimulus Diffusion", Am. Anthr., XLII (1940), 1-20; P. Radin, "The Persistence of
Chinese Customs and Folklore in California" (March 31, 1943); >Radin "The Ancient
Oath" (Jan. 26, 1944); A. Neumeyer, "The Art of Dura-Eunmos (Feb. 2/, 1946); L.l.
White, Jr., "The Stirrup" (iMay 29, 1946). Both Kroeber and Neumeyer subsequently be-
came contributors to this quarterly. , . , , t- , j . e jy * r. Ai.

2* Characteristic "westostlich" topics, which after K.'s departure for Princeton dis-
appeared almost entirely from the Colloquium's programs (for a few exceptions see next
fn ) include: Lessing, "Yama and Dionysos" (Feb. 23, 1939; inaugural meeting) ; Maen-

11^ Romance Philology, Vol. XVIII, No. 1, August 1964

language profession as boasted interests transcending their departmental
boundaries (including A. Taylor on several occasions and the late C. Orant
Loomis at least once) were also welcome to participate as principal speakers
and discussants, and Romance scholarship wa^ offered a few chances to prove
its worthiness. '^^

Not surprisingly, the downfall of the Third Reich, the fi^^"^"^ "J "^
pernicious character, and the poignant awareness of the deleterious role that
the perverted German universities had played in the European holocaust
deep?^ shook K.. who had once deemed himself fit to act as a spokesman for
an Realized "secret Germany". He who for years had sought refuge and
oblivion in pure, esoteric scholarship now once more became sensitized to the
all-important relation between cognition and accumulation of knowledge, on
the one hand, and the harsh realities of daily life, on the other. These newly
awakened anxieties first broke through in a lecture on the ™^o""P*°'l; "j^i
style German university.^' They reached their peak in the part tliat K. played
in the University of California's Oath Controversy, which on the local scene
marked the transition from the 'forties to the 'fifties.

This journal is not the proper medium to evoke the climate surrounding
that painful chain of events, still less to present the views prevalent in tone-
setting Faculty circles. What seemed to wound the Faculty most sorely on
that occasion was a widespread misunderstanding of certain ingredients in the
contractual relations between the teacher-scholars and the citizenry at large,
ingredients that can best be labeled "gentleman's agreement ." Even more

Prehistoric China and the Ancient Near East ^^'M^^^Vwarrani" (Nov.' 1947) ; Fischel,
Hispano-Oricntal Philology : The <J"8 " <>' ^ne ""™„- „" j ..jun khaldun and Tamer-
"Prnblems of Judeo-Persian Literature" (March 3, 1U4S) anq ion '>■"'■""■'»"" .,., •
la^n;''(X;\'l948);Maenchen "Mani^

tes'MO^t tl 9M? xfylo"' "R d^^s andFolMfo^ in Dialogue" (Feb. 27. 1952).
On oTschi^'/ac'uvitfes in Berkeley, closely intertwined with K.'s, see Necrology, RPh,

;^X;^s%ro™theU^^^^^^^^^^^^

;°a',;:^^Htt'^;.'ll.»-:"antSiSV"^ If '?^. '"^Toth^i l^^ ^Rn'^u'^-

Ernst II. Kantouowicz

16

hurtful, on balance, and to this day largely undisclosed in its nerve-racking de-
tail was the sharp deterioration in the personal relations between faculty
friends of long standing, as seeds of distrust were sown and the patience of die-
hards (and would-be die-hards) was strained to the breaking-point. Although
the leader-in-chief of the intransigent faction of professors was the psychologist
Tolman, the duty of presenting the humanists' viewpoint devolved on K., who
then, in classic manner, wrote a privately printed ''Streitschrift"— a forty-
page pamphlet which has since become a bibliophile's item — The Fundamental
Issue; Documents and Marginal Notes on the University of California Loyalty
Oath (San Francisco, 1950). Because K., despite his obvious particular vul-
nerability due to his foreign background, displayed great civic courage in act-
ing as a staunch spokesman for a liberal cause (at such sharp variance with his
own earlier conservatism, never disavowed), both as a member of the Academic
Senate and as a pamphleteer; because his dual range of uniquely wide histori-
cal perspective and uniquely sorrowful personal experience made his voice
particularly audible ; and because the University subsequently reinstated some
of the ^'rebels" and in certain instances, much later, did not hesitate to reward
them publicly for their scholarly or scientific accomplishments (every under-
graduate on the Berkeley campus is familiar with Tolman Hall), while K.
failed to return to the battlefield and never, to my knowledge, received any re-
motely comparable recognition, it was K.'s heroic stand that immediately at-
tracted attention and, in retrospect, became most inthnately associated with

the Oath Controversy .^^

The man who, as an aspiring scholar, was publicly chided by Germany's
senior medievalist Brackmann for attempting to write history like a historical
novel, with ''leidenschaftlich innerer Anteilnahme", infused, at the peak of his
intellectual power and at the summit of his academic career, that same passion-
ate fire into the defense of the devoted scholar's position in modern society, a
position whose dignity and independence he deemed endangered. The formula
that he proposed was to set apart the judge, the priest, and the scholar as the
three human types needing effective protection from the relentless pressures of
society or of individual potentates. And in equating the ranks of scholars,
priests, and judges, K. himself achieved, perhaps unwittingly, a long-sought
synthesis of his yearnings: a Continental European by birth, but one eager to
learn from the Anglo-American tradition, he could here fall back on the con-
trast between town and gown, so peculiar to that tradition; as a disciple of
Stefan George, he was well fitted to enjoy the isolation, in a new context, of
three intellectual Elites; and the triadic concept of disinterested scholarship,
consecrated priesthood, and unswer\'ing justice linked him to the Biblical and
rabbinical roots of his family. [Y.M.]

Oath; the Fight for Academic Freedom at the University of California (Garden City, N.Y.:
Doubledav «fc Co., Inc., 1950). . , x- *• i k„ n

" I an/basing my opinion here on the aforementioned commemorative article by G.

Sales, Jr.

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Scitcn 258-280

*ANATOAH TOY AESHOTOY

von

ERNST H. KANTOROWICZ

1975

WISSENSCHAFTLICHE B UCHG ESELLSCHAFT

DARMSTADT

Dcr friihbyzantinischc Kaiser

257

Justinian, der sein Leben und seine Herrsdiaft von dcr Wut des
Hauptstadtpobcls bcdroht gesehen hat, will nidit mehr ancrken-
ncn, daf^ seine Macht audi vom Volke stammt. Bei ihm gewinnt die
Auffassung, daft die Kaisergewalt von Gott allein ausgehe, immer
grof^eres Gewicht7'» Er betont in seinen Novellen immer wieder,
daf? Gott ihm sein Imperium iibergeben habe.'* Wenn der Kaiser
nunmehr fiir sein Volk sorgen mufi, so gesdiieht dies nicht etwa,
weil ihn gewisse Verpflichtungen gegeniiber seinen Untertanen
dazu zwingen, sondern nur, weil dies der Wille seines Auftrag-
gebers, Gottes, istJ®

Diese seine Eigenschaft als Vollzieher des Auftrages Gottes flofit
ihm die Oberzeugung ein, dafi der einzelne Trager der Kaiser-
gewalt iiber den anderen Menschen steht, und veranlafit ihn zur
Einfiihrung eines despotisdieren Tones an seinem Hof, wofiir ihn
audi Prokop mit besonderer Sdiarfe tadelt^'

Es tritt also seit dem Nika-Aufstand eine neue Phase in der Ent-
widilung der Vorstellungen iiber die Kaisergewalt hervor. Jetzt ge-
winnt das transzendentale, das mystisdie Element iiber den alteren
juristisdien Sinn der Zeit des Prinzipats und der friihbyzantini-
sdien Zeit (bis 532) in der Kaisertheorie die Oberhand.

Aber die Untersudiung dieser neuen Phase soil der Gegenstand
einer eigenen Arbeit werden.

"* Aber ohne eine vermittelnde Einriditung, etwa der Kirdie, die im
Gegensatz zum Westen sidi niemals das Redit erworben hat, die „Basi-
leia" verleihen zu konnen. Siehe dariiber F. Dolger, BZ. 38 (1938), S. 240;
vgl. A. Midiel, Die Kaisermadit in der Ostkirdie, Ostkirdilidie Studien 4
(1955), S. 232fF.

75 Zum Beispiel N.J. 8 Edikt (78. 21); N.J. 72 Pr. (358. 36—37);
N.J. 17 Pr. (381. 19—20); N.J. 80 Pr. (390. 21—22); N.J. 81 Pr.
(397. 14); N.J. 85 Pr. (414. 17); N.J. 86 Pr. (419. 19—20); vgl. audi
W. Enfilin, Gottkaiser . . ., S. 91 ff.

'« Siehe z.B. N.J. 133 Pr. (666.21).

" Prokop, Historia arcana, 30. 21 fF. (184. 19 ff. J. Haury). — Vgl.
L. Brchier, Les survivances . . ., S. 57.

,j ,. ^:,.,. Oricns Aucusti — Lever du Roi (Dumbarton Oaks Papers 17

n%"lS 1X162; Au?dem En'l.s^en Uberset.t von Ed.th und Gerhard B.nder.

'ANATOAH TOY AE2I10T0Y=

Von Ernst H. Kantorowicz

[..•]

In einer seiner Hymnen zum Epiphaniefest sprlcht Ephraim
der Syrer (303—373) davon, daft Semha und Dcnha glcidizeitig
herrschten.» Semha bedeutet im Syrlsdicn „Glanz" und entsprldit
inhaltlich etwa lateinisdi Claritas. Denha bedeutet „Aufgang",
speziell Sonnenaufgang, und ist die syrisdie Obersetzung von
griechisch 'Av«Tobi (Lucas 1,78) und hebraisdi Zcmach (Zadi. 3,8;
6 12)- es bezeichnet zugleich die „Erscheinung" Christi, d. h. die
Offenbarung seiner Gottheit im Jordan.^ Der syrisdie Kirchen-
vater identifizierte Glanz bzw. Clantas mit dem „Konig auf
Erden" genaucr mit dem Kaiser Augustus, den „Aufgang" mit
dem „Sohn im Himmel", also Christus. Claritas (Augustus) und
Oriem (Christus) herrschten also gemeinsam zur selben Zeit.

Die diesem Synchronismus zugrundeliegende politisdie Theo-
logie stutzt sidi auf Lucas 2,1 und ist gut bekannt.^ Sie gipfelte

•^ Der folgende Text stellt den 3. Absdinitt der im Quellenvermerk be-
zeidineten Untersudiung dar. Im Original werden die Anmerkungen ge-
zahlf 180 ff. Verweise auf Anmerkungen zu hier nidit abgedrudten
Passagen stehen in edcigen Klammern. Diese Anmerkungsziffern sind un-
verandert, entspredien also der Originalzahlung.

> Ephraim, In festum Epiphaniae II 1 (ed. Lamy I 12 f.).

2 Ebd. 14, Anm. 1.

3 Das Problem behandeh vorziiglidi Erik Peterson, Kaiser Augustus im
Urteil des antlken Chnstentums, in: Hodiland 30 (1932-33), S. 289 ff.;
Der Monotheismus als polltisdies Problem, in: Theologisdie Traktate
(Mundicn 1951), S. 49-147; vgl. audi Th. E. Mommsen, Aponms and
Orosius on the Significance of the Epiphany. Late Classical and Mediaeval
Studies in Honor of Albert Mathias Friend, Jr. (Prmceton 1955).
S.96— 111.

'AvaxoXTj Tof) StojioTou

259

in der Vorstellung, daft die universale Monardiie auf Erden und
der universale Monotheismus im Himmel voneinander abhangen.
Ebenso wie Augustus der Polyarchie von Konigen durch die Er-
richtung der romisdien Weltherrsdiafl ein Ende setzte, so besei-
tigte der fleischgewordene Sohn Gottes den Polytheismus, indem
er den Glauben an den einen Gott stiftete. Origenes, Eusebios und
andere Autoren maditen sich dlesen erkliirten Parallelismus von
Monardiie und Monotheismus zunutze. Er wurde allgemein vor-
herrsdiend, nachdem Konstantin seinen Frieden mit der Kirdie ge-
macht hatte. Durch die Vermittlung des Orosius hielt sich diese
Auffassung bis zu Dante und dariiber hinaus; ein schwaches Echo
findet sich noch in einer der Keltisdicn Katechcsen."* In einem Idio-
melon der byzantinlschen Kirche auf Weihnachten fiihrte die Dich-
terin Kassia (geb. ca. 810) die Symmetrie Augustus — Christus
breit aus: „Als Augustus auf Erden herrschte, fanden die vielerlei
Konigreiche der Menschen ein Ende; und als Du Mensch w^urdest
durch die Jungfrau, wurde der Polytheismus der Gotzen vernidi-
tet . . . Die Volker wurden dem Ratschluft des Kaisers anheimgegeben,
wir wurden im Glauben dem Namen Deiner Gottlichkeit anheim-
gegeben . . ."* Es war allerdings nidit iiblidb, die Oberelnstimmung
von Monardiie und Monotheismus in solaren Begriffen auszu-
driicken.^ Wenn Ephraim der Syrer die gleichzeitige Herrsdiafl

* Dante, De Monarchia II 12, ed. Paget Toynbee, Le opere di Dante
Alighieri (Oxford 1924), S. 362; zu Dante und Orosius vgl. Charles Till
Davis, Dante and the Idea of Rome (Oxford 1957), S. 55 ff. Ober die
Kcltisdien Katechesen s. Andre Wilmart, Analecta Reginensia, in: Studi
e Testi 59 (Vatican 1933), S. 99: Caesar ,possessio principalis' interpre-
tatur; Augustus vero interpretatur .solemniter stans'. Quae duo nomina
Christo conveniunt . . .

^ Menaia II 651 (25.Dez.); vgl. Christ/Paranikas, Anthologia 103;
Raffaele Cantarella, Poeti bizantini (Milano 1948) I 141 (Text) und II
164 (italien. Obersetzung des Gedichts und Literatur zu Kassia).

• Origenes, Contra Cels. II 30 (ed. Koetschau [Leipzig 1899]
I 158,2 ff.), verbindet in der Diskussion iiber die Einheit von Gerechtigkeit
und Frieden (Psalm 71,7) den Frieden des Augustus mit der Gerechtigkeit
der „Sonne der Gerechtigkeit", verwendet in dieser Verbindung jedodi
sonst keine solaren Metaphern.

260

Ernst H. Kantorowlcz

von Claritas und Oriens betonte, war er offenbar von bestlmmten
Stromungcn seiner Zeit beeinflulk, vielleicht sogar durch die Le-
genden von Miinzen, die damals noch im Umlauf waren.

Wic dem auch sein mag: Das Nebeneinander von Sonne — Herr-
schcr und Helios — Christus imHymnus des syrischenDichters bot
durchaus eine interessante Perspektive, die nicht nur hinsichtlich
der heidnischen Vergangenheit, sondern auch hinsichtlich dcr
christlichen Zukunft stimmen modite. Denn es erscheint mehr als
zweifelhaft, daft die heidnische Idee eines „Sonnen-Konigtums" des
Herrschcrs auf Erden so vollkommcn und unbeeintrachtigt iiberlebt
hatte, wie es in Byzanz der Fall war, wenn nidit die Parallelitat von
„Sonnen-Konigtum" des Hcrrschers im Himmel und von „Sonnen-
Konigtum" des Herrschers auf Erden diese Idee gerechtfertigt hatte.
In der Tat mag die Einfuhrung des Christentums in das Romische
Reich Konstantin den Grofien dazu bewogen haben, seine Munz-
pragung, die den Sonnen-Gott mit der Legende Soli invicto comiti
August! nostri darstellte,' mit einigem Zogern aufzugeben; doch
wurden dadurch im ubrigen die solaren Qualitaten oder der solare
Charakter der christlichen Herrscher nicht beeintrachtigt. Fur Euse-
bios war Konstantin nodi der, „welcher zusammen mit der Sonne
aufgcht"; Himerios sah in Helios noch den propater des konstan-
tinischen Hauses; die Anrede des Kaisers als i)eiE Ti>.ie paaiXev,
„gottlicher Sonncn-Herrscher", gehorte zum Repertoire der byzan-
tinischen Dichter und Redner bis zum Ende des Ostreichs.« Auch
versdiwand die Vorstellung vom „Sonnenaufgang" des Herrschers
nie aus der Sprache des Hofzeremoniells, ungeachtet der Tatsache,
daft an der Seite des Herrsdiers oder iiber ihm der neue „geistige"
Helios, die Sonne der Gerechtigkeit, aufgegangen war. Der neue
Glaube verkiirzte die Idee der kaiserlichen Sonnen-Herrsdiaft nicht,
sondern gab im Gegenteil dem alten Bild neue Kraft. Der

' A. Alfoldi, The Conversion of Constantine and Pagan Rome (Ox-
ford 1948), S. 55ff.; Paridi Bruun, The Disappearance of Sol from the
Coins of Constantine, in: Arctos N. S. 2 (1958) S. 15 ff.

8 Eusebios, Vita Constantini I 43 (ed. Heikel 28,11 f.); Himerios, Ora-
tio VII 9 und Ecloga XII 6 (ed. Dubner [Paris 1849] 62,25 und 24,38);
zur Anrede „gottlidier Sonnen-Herrsdier" s. unten Anm. 64.

'AvaToXTj xoO btanoxov

261

christliche Herrscher — Gottes hochster hyparchos auf Erden, gleich
nach Christus als Gottes hyparchos im Himmel® — wurde der chri-
stomimetes par excellence, d. h. er allein war es, der Christus, den
Beherrscher des Universums, nachahmte, verkorperte, ja sogar kul-
tisch darstellte. Daher wurden die solaren Titel des Kaisers, ob-
gleich historisch ein Oberbleibsel aus heidnischer Vergangenheit
oder eine Fortsetzung derselben, kiinftig durdi die solare Nomen-
klatur Christi selbst gestutzt und legitimiert.

Das Sonnen-Konigtum der byzantinisdien Kaiser war demnadi
nicht nur ein Rest hellenistisch-romischer Tradition, sondern zu-
gleich Spiegelbild jenes Sonnen-Konigtums, das sich in Gestalt des
Christengottes zeigte. Diese beiden Strange waren wahrcnd der
tausend Jahre von Byzanz standig miteinander verflochten, und
doch fuhrte jeder Strang gleichzeitig ein Eigenleben. Die helleni-
stische Tradition lebte vor allem in den Kreisen der hofischen litte-
ratiy der Diditer und Redner, fort. Der diristliche Einflufi war vor-
wiegend im Bereich der „kaiserlichen Liturgie" spiirbar, in der Art,
wie man die Feste des Hofes und des Kirchenjahres feierte.^^^ Seit
aber die litterati des Hofes auch fur die Feier christlicher Feste
durdi den Kaiser dichteten, wahrend zugleich der christlidie Kult
im allgemeinen und die Vorstellung vom Sonnen-Konigtum Christi
im besonderen mit hellenistisdi-romisdien Elementen erfiillt wur-
den, ist es aussidhtslos, die beiden Strange klar voneinander trennen
zu wollen. Die byzantinischen Diditer bemiihten sidi in der Tat,
beide Strange zu verknupfen, mandimal mit dem Ergebnis, daft sie,
wie Ephraim der Syrer, das Bild zweier Helioi zeidineten. So wen-
det sidi der Dichter Theodoros Prodromos (12. Jahrhundert) in

» Eusebios, De laud. Constant. 3 und 7 (ed. Heikel 202,2 und 215,31).
Vgl. J. A. Straub, Vom Herrsdierideal in der Spatantike (Stuttgart 1939),
S. 121; ferner Enfilin, Gottkaiser und Kaiser von Gottes Gnaden, S. 61
[vgl. in diesem Bd. S. 62].

*" Zur kaiserlidien „Liturgie" s. die grundlegende Abhandlung von
Otto Treitinger, Die ostromisdie Kaiser- und Reidisidee nadi ihrer Ge-
staltung im hofisdien Zeremoniell (Jena 1938), bes. S. 49ff.; der Begriff
paai?axri Xeitoi'Qyici in der weiteren Bedeutung kaiserlidien Zeremoniells
und kaiserlidier Huldigung begegnet in der Tat: vgl. Const. Porph., De
caerim. II 52 (ed. Reiske I 704,13).

262

Ernst H. Kantorowlcz

einem Epiphanielied wie folgt an den Kaiser und die kaiserliche

Stadt:

Leudite auf, Stadt der Rhomaer, und nodi einmal: Lcudite auf!

Erglanze im doppelten Glanz deiner bciden Sonnen.

Hier hast du die Sonne der Gerechtigkeit,

des Vaters Abglanz, nad^t im Jordan;

dort hast du die Sonne der Allcinherrschafl,

dcs Vaters Stellvertreter, strahlend im Palast."

Bei anderer Gelegenhcit wendet sidi derselbe Diditcr an den

Helios Basilcus" Manuel 1., dessen theopborer Name (Manuel -

Emmanuel) geradezu nadi metaphorischem Ausdruck durch den

Dichter verlangte: „Ja, idi wage es, Dich, den christos, auch Phoi-

bos zu nennen,"*-

Den an die byzantinische Hofsprache gewohnten Horer uber-
raschte es kaum, daft hier Basilcus, Christus und Phoibos auf einen
Nenner gebracht wurden. Uns freilich mag das wie eine verspatete
Reminiszenz an jene romische Dreiheit von Kaiser, Sol invictHS
und Sol iHstitiae anmuten, welche in formelhafter Kurze den end-
gultigen Ausgleidi zwischen Kaiserkult, heidnisch-solarem Heno-
theismus und christlichem Monotheismus in der schicksalhaften
Obergangsperiode des 4. Jahrhunderts beschrieb.

Gegenstand dieser Untersuchung ist nicht das byzantinische Son-
nen-Konigtum allgemein, sondern spezieller das Oberleben des Bil-
des vom Sonnen-Aufgang, das in Byzanz immer mit einem recht
augenfiilligen und prachtigen Zeremoniell verbunden war, bei dem
»> Theodoros Prodromos, Poemata XVIII 1—6 (ed. A. Mai, Patrum
nova bibliotheca [Rom 1853] VI 413); vgl. E. H. Kantorowicz, Dante's
•Two Suns'. Semitic and Oriental Studies Presented to William Popper,
in: University of California Publications in Semitic Philology 11 (Ber-
keley-Los Angeles 1951), S. 221.

»2 Siehe das Epithalamion des Theodoros Prodromos fur die Toditer
Manuels I., Theodora (Z. 70): xoivao xo\\iGi at tov xQiotov xui m ()i|W
ovouaoui (ed. C. Neumann, Griediisdie Gesdiiditssdireiber und Ge-
sdiiditsquellen im 12. Jahrhundert [Leipzig 1888], S. 67). Konrad Heilig,
Ostrom und das Deutsdie Reidi um die Mitte des 12. Jahrhunderts, m:
Th. Mayer, K. Heilig, C. Erdmann, Kaisertum und Herzogsgewalt im
Zeitalter Friedridis I. (Sdiriften des Reidisinstituts fur altere deutsdie Ge-
sdiiditskunde 9 [Leipzig 1944], S. 247).

'AvaTO>.T) TOO bEOKOXOV

263

der Kaiser wirklich „aufging". Mit dieser Vorstellung deckt sidi
ziemlich genau der grofie Panegyrikos, den Corippus anlafilich der
Thronbesteigung Justins II. im Jahre 565 verfafite. Corippus schil-
dert die Erhebung des Kaisers auf den Schild, eine Zeremonie,
welche die Romer bereits im 4. Jahrhundert, vermutlich von ger-
manischen Stammen, angenommen hatten. Die urspriingliche Be-
deutung dieser Zeremonie mag dahingestellt bleiben: Fiir Corip-
pus, den quaestor sacri palatii, erschien die Schilderhebung, die auf
zahlreichen byzantinischen Miniaturen dargestellt ist,'^ in einem
unzweifelhaft „solarcn" Licht als der Sonnen-Aufgang des Kaisers.
Nach Corippus'^ ho[")en vier ausgewahlte junge Manner die „ge-
waltige Scheibe des Schildes" empor. Auf dieser Scheibe stehend
trat der neue Kaiser alien sichtbar in Erscheinung:

Nun ist er gegcnwartlg, der grofite Wohltater der Menschheii, vor dem
Konige ihren Nacken in Demur beugen, vor dessen Namen sie zittern,
dessen nnmen sie verehren.

'^ Zur Erhebung auf den Schild s. Straub, Herrscheridcal, S. 61.231;
Treitinger, Zeremoniell, S. 22 ff.; G, Ostrogorsky, Zur Kaiscrsalbung und
Schilderhebung im spatbyzantinisdien Kronungszeremoniell, in: Histo-
ria 4 (1955), S. 252 ff. [vgl. in diesem Bd. S. 103 ff.]. Der zentralasiatisdie
Ursprung der Zeremonie ist nidit unwahrschcinlidi; vgl. A. Boodberg,
Marginalia to the Histories of the Northern Dynasties, in: Harvard
Journal of Asiatic Studies 4 (1939), S. 242 ff.; ferner — fur spatere Zeit — .
Leonardo Olschki, The Myth of Felt (Berkeley 1949), S. 21 ff. Dies
widerspridit jedoch nidit der wohlbegriindeten Theorie, nach der romische
Soldaten die Erhebung auf den Schild durch die Vermittlung germanischer
Stamme angenommen haben. Der Brauch kann innerhalb des romischen
Raumes bis ins 4. Jahrhundert verfolgt werden. Zu einigen bild-
lichen Darstellungen der Szene in Handschriften s. H. P. L'Orange, Stu-
dies on the Iconography of Cosmic Kingship in the Ancient World (Oslo
1953), S. 103 ff. mit Abb. 76. 78—80; zur Geschichte des ikonographisdien
Schemas s. Kurt Weitzmann, Illustrations in Roll and Codex (Princeton
1947), S. 178 ff. mit Abb. 183.185—188.

'* Corippus, In laudem lustini II 137 f. (ed. Partsch, Monumenta Ger-
maniae Historica, Auctores antiquissimi [Berlin 1879], III 130): Quat-
tuor ingcntem clipei sublimius orbem adtoUunt lecti iuvenes. S. u. Anm. 20
(zu clipeus).

264

Ernst H. Kantorowicz

Er steht da auf dieser Scheibe, der gewaltigste Furst, hat das Aussehen

der Sonne.

Ein zweltes Licht nodi leuchtet von der Stadt her. Dieser Tag isi wahr-

haft ein Wunder, lafit er doch zwei Sonnen miteinander und zu gleicher

Zeit aufgchen.

Hat etwa mein Lied die ihm geziemenden Grenzen ubersdiritten? Viel-
leicht verwundert es euch, dafi ich sage, zwei Sonnen gingen gleichzeitig
miteinander auf. Doch mein Mund hat weder leere Worte noch eitle
Rcdetigurcn geformt . . . Der Geist des Gerechten strahlt heller als die
Sonne: Er taucht nicht in die Fluten, weicht keiner Dunkelheit, wird
von keinem finsteren Schatten verhiillt.*''

Die Schilderhcbung ist hier eindeutig als die „Epiphanie" des
neuen Kaisers verstanden, als Bekundung seiner Herrscherwurde,
nicht nur vor seinem Volk und seiner Stadt, sondern vor der Welt.
Nunc adest war terminus technicus fiir eine gottliche Erscheinung,*^
und in diesem Fall wurde der E;iicpavr]g als maximus orhis com-
munis benefactor begrufit, was auf eine Person halbgottlichen
Wesens weist.*^ Die unterworfenen Konige beugen ihr Haupt und

'5 Corippus II 145—157.

»» Nunc adest (Z. 145 f.) ist eine den ritucUen Rufen „Adesto",

„Adeste" antwortende Formel; s. hierzu E. Norden, Aus altromisdien

Priesterbudiern (Lund 1939), S. 178. 207. 227. 274, mit der Parodie des

Arvalgebets durdi Arnobius, Adversus nationes III 43 (ed. Reiffersdieid

[CSEL 4; Wien 1875] 140, 13 ff.); ferner Pfister, Epiphanie, in: RE

Suppl. IV (1924), Sp. 304 f. § 27 f.; Epode, ebd. Sp. 355 ff. § 12 fT.; Hans

Sicgert, Zur Gesdiidite des Imperativs adesto, in: Museum Helveticum 11

(1954), S. 195 ff. Zum diristlidien Stil der Anrufungen, der sidi an den

heidnisdien anlehnte, vgl. P. Hendrix, La fete de I'Epiphanie, Congres

d'histoire du Christianisme (Paris— Amsterdam 1928) II, S. 216 f.; audi

Dom Thomas Midiels, Auctor pietatis in Roman Liturgy, in: Folia 1

(1946), S. 33 Anm. 2. Siehe grundsatzlidi die neueren Studien von Elpi-

dius Pax, Eni<I>ANEIA, in: Mundiener Theologisdie Studien, Hist. Abt.,

10 (Mundien 1955), S. 32 f . 74; ders., Art. Epiphanie, in: RAG 5 (1961)

841.853 [hucades].

»7 Zum Herrsdier als benefactor {iViQyixx\z) s. Eiliv Skard, Zwei reli-
gios-politisdie Begriffe: Euergetes — Concordia, in: Avhandlinger ...
Norske Videnskaps-Akademi 1931,2 (Oslo 1932): iiber die fruhere Peri-
ode, als der Begriff des Wohltiiters lokal oder national gefafit war,
wiihrend hellenistisdie Konige und romische Kaiser Wohltater orbis

'AvaxoXri tof) btandxov

265

beten (adorant) das numen praesens des Kaisers bei seinem Aufgang
an; genau so stellen die Oriens-Munzen den aufgehenden Sonnen-
Gott dar, wie er seinen Fuft auf den Nad^en oder Riid^en unter-
worfener Feinde, der Diimonen der Finsternis, setzt.'*^ Das Bild von
den Besiegten, die den erscheinenden Fiirsten anbeten, ist in Ver-
bmdung mit Adventus-Ep'iph^in'ie-Szenen ublidi und findet sidi an
gleicher Stelle bis ins hohe Mittelalter.^® Der Schild selbst erinnert
den Dichter offenbar an den Sonnensdiild {clipeus solis), wahrend
der Kaiser — solis habens speciem — die Sonne selbst ist: eine Unter-
scheidung zwischen Sonnen-Sdiild und Sonnen-Gott, die ihre
Parallelen hat.-^ Oberdies gehort solis habens speciem auch zum

communis (tyi; xoivf); olxou^ifVT^c) genannt wurden; s. zu diesem Begriff
H. Janne, La lettre de Claude aux Alexandrins et le Christianisme,
in : Melanges F. Cumont = Annuaire de I'lnstitut de philologie et d'histoire
orientales et slaves 4 (Briissel 1936), S. 276ff.; audi einige Bemerkungen
von F. Cumont, L'f.gypte des astrologues (Briissel 1937), S. 27 ff.; Schu-
bart, Klio 30 (1937), S. 60 ff. Fritz Taeger, Charisma (Stuttgart 1957),
I, S. 257 f. sicht in dem Titel Euergetes die unierste Stufe der einem
Herrsdier verliehenen kultisdien Ehren.

"^ [Siche oben Anm. 26. j

'* Zur Parallelitat kaiserlidier und diristlidier Kunst s. Grabar, L'empe-
reur, S. 253 ff., audi 80 f. Siehe ferner das romische Gedidit zu Mariae
Himmclfahrt aus der Zeit Ottos III. (Mon. Germ. Hist., Poetae lat., V
465 ff.), Z. 39 f.: Vultus adest Domini, cui totus sternitur orbis (mil Be-
zug auf das Ersdieinen des Volto santo in feierlidier Prozession). S. u.
Anm. 25.

2" Siehe Node, The Emperor's Divine Comes, S. 114, Anm. 108, der auf
die Untersdicidung von Helios (Apollo) und Scheibe der siditbaren Sonne
hinweist. Vielleidit darf man Tertullian, Apologeiicum 16,10 anfiigen:
habentes ipsum (sc. solem ^'-'- Christum) ubique in suo clipeo. Audi Ovid,
Mctam. 15,192 sdieint die Sonncnscheibe als Schild des Phoebus zu ver-
stehen: Ipse dei clipeus. Johannes von Gaza stellt das fi^tqfo^ uvaxt/wXov
in der Mitte der Sdieibe dar; vgl. seine Ekphrasis I 55 f. (ed. P. Fried-
lander, Johannes von Gaza und Paulus Silentiarius [Berlin-Leipzig 1912]
138; dazu den Kommeniar ebd. 170): a}X evl |iuoou)i / uv^Qo^tii ^6y-
qioat' qt'Oi; P()fcq:o;. Zur Unterscheidung zwisdien Sonnen-Scheibe und
Sonnen-„Substanz" im Hinblidc auf Christus s. audi die Gedidite des
Manuel Holobolos II 17 und IV 2 (ed. Boissonade, Anecdota Graeca
[Paris 1829 ff.] V 161. 163).

266

Ernst H. Kantorowicz

gebrauchlichen Vokabular von Epiphanien.^* Der Kaiser auf dem
Schild erinnert den Dichter ganz besondcrs an die aufgehende
Sonne: Er zeigt geminos consurgere soles. Das Wort consurgere ent-
spridit inhaltlich genau dem griechischen ovvavaieXXeiv, ein Be-
griff, der an den persischen Konigstitel erinnert — „der zusammen
mit der Sonne aufgeht"-"-^. In neuerer Zeit ist uberzeugend dar-
gestellt worden, in welchem Umfang der Leitgedanke des Corippus
_ die Gleichsetzung von Schilderhebung und kaiserlichem Sonnen-
Aufgang — bereits durch die Zeremonie beim Neujahrsfest der
Achaimenidenkonige vorgepragt war. Der Konig safi auf seinem
Thron und wurde mit diesem auf die Schultern seiner Leute gcho-
ben: „Er ging auf an jenem Tag wie die Sonne ... Da geriet man
in Staunen uber den Aufgang zweier Sonnen."^^ Zudcm zeigen
achaimenidische Siegel ofters in einem oberen Bild Ahura Mazda,
wie er in der Mitte des Weltkreises aufgeht, wahrend im unteren
Bild — ebenfalls in einer Scheibe — der Grofikonig ein Gegenbild
des hochsten Gottes darstellt.^^ So mufi man sidi die gemini soles,
von denen Corippus spricht, vorstellen. Eine Miniatur in einem
griechischen Psalter zeigt, wie lange soldie Symbole durch Obertra-
gung fortlebten: Man sieht den Herrscher und seinen Sohn auf dem
Schild aufgehen, wahrend auf einer Scheibe Christus in den Him-
mel aufsteigt: Christi Himmelfahrt ist Gegenbild zum koniglidien
Aufgang; auch fehlt in der rechten Ecke des Bildes nicht die Gruppe
unterworfener Feinde, „die ihren Nacken beugen"25.

Wir sehen die lange Tradition des Bildes von den „zwel Son-
nen", das sidi zu gewissen Zeiten auf den Konig und die naturlidie

2» Apuleius, Metam. 11,24: Lucius ersdiclnt der Kultgemeinde ad instar
solis. Vgl. Node, Conversion (Oxford 1933), S. 146; Willi Wittmann, Das
Isisbudi des Apuleius, in: Forsdiungen zur Kirdien- und Geistesgesdiidite
12 (Stuttgart 1938). S. 114 ff.

22 [Siehe oben Anm. 71 f.]

23 Albiruni, Athar ul-bakiya or Vestiges of the Past (transl. by C. E.
Sadiau, The Chronology of Ancient Nations [London 1879], S. 202,17 ff.,
auch 200,35 ff.), zitiert bei L'Orange, Cosmic Kingship, S. 87.

2* L'Orange a. a. O., S. 93, Abb. 65 b— c.

25 Vat. gr. 1927, fol. 32 (Ps. 20; ed. E. De Wald, The Illustrations in the
Manuscripts of the Septuagint 111,1 [Princeton 1941], PI. X).

'AvatoXri xoO 6eok6tou

267

Sonne, zu anderen Zeiten auf den Konig und die Gottheit (Ahura
Mazda, Mithras oder Christus) bezog.-^ Corippus betont in seinem
Panegyrikos die Doppelung der natiirlichen Sonne durch den Auf-
gang des Kaisers. Aber die christlichen Ziige fehlen in seiner Sze-
nerie nidit. Nadi der ublichen Methode allegorischer Spiritualisie-
rung deutet Corippus die „kaiserlidie Sonne" als mens iusti, wobei
iHStHS vielleicht nur auf den Namen des Kaisers, lustinus, an-
spielte.-^ Diese mens iusti aber plus sole nitet: ihr Glanz stellt den
der natiirlichen Sonne in den Sdiatten, weil sie weder Finsternis
noch Wolken kennt, sondern eine Sonne ohne Untergang ist {non
mergitur undis). Dies sind traditionelle Bilder christlicher Auto-
ren.28

In unserem Zusammenhang ist wichtig, daft die Erhebung auf
den Schild von Corippus als Epiphanie, d. h. als Aufgang der kai-
serlichcn Sonne auf oder in ihrer Scheibe, gedeutet wurde. Diese
Vorstellung wurde vielleicht durch den sternengeschmiickten Schild,
auf dem Konig David emporgehoben wurde, angeregt; sie erhielt
ihre knappste Gestalt in dem Rundsdiild der Dumbarton Oaks
Collection und seinem Gegenstiick in Venedig.^" Nodi einmal ver-
weist Corippus in seiner Beschreibung der konsularen Prozession
des neuen Kaisers auf den Kaiser als Oriens. Justin wurde auf sei-
nem tragbaren Thron — der sella divalis — sitzend auf den Schultern
junger Edelleute getragen. ^ er einmal gesehen hat, wie der Papst
auf der sedia gestatoria in die Peterskirdie getragen wird, hodi

2* Siehe oben Anm. [70 f.] 11. 24. Ober Cotter und Herrscher im
Tierkreis s. auch L'Orange, Cosmic Kingship, S. 32 ff. mit Abb. 14 ff.,
ferner 95 ff. mit Abb. 67 f. und passim. [Vgl. audi unten Anm. 275. 286 f.]

2' Cber soldie Anspielungen s. E. H. Kantorowicz, Kaiser Friedrich II.
und das Konigsbild des Hellenismus (in: Varia Variorum, Festgabe fiir
Karl Reinhardt [Munster-Koln 1952], S. 184, Anm. 85). Vielleidit darf
man Maith. 5,45 heranziehcn; dieser Vers hat auch das Gedicht des Jo-
hannes von Gaza I 64 f. (ed. P. Friedlander 138 und 171) beeinflufit.

28 [Siehe oben Anm. 141 ff.]

2" Siehe The Dumbarton Oaks Collection: Handbook (Washington
1955), S. 19, No. 49 und Abb. 49 (S. 34); H. Peirce und R. Tyler, A
Marble Emperor-Roundel of the Xllth Century (Dumbarton Oaks Papers
2 [1941], S. 3—9). Siehe audi L'Orange a. a. O., S. 108, Abb. 81.

268

Ernst H. Kantorowicz

uber dem erregten Meer der ihm enthusiastlsch zujubelnden Menge,
wird verstehen, daft der Kaiser auf seinem tragbaren Thron dem
Corippus „wie das heilige Licht" oder „wie die goldene Sonne, die
aus den klaren Wellen des Ozeans ihre glanzenden Strahlen aus-

sendet", erschien.=»" • ,r i •

Corippus verwendet das Bild vom Sonnenaufgang in Verbin-
dung mit zwei bemerkenswerten Szenen - dem auf dem Schild und
dem auf der sella gestatoria in die Hohe gehobenen Kaiser -, zwei
Gelegenheiten also, bei denen der Kaiser physisch aufging und in
der Hohe auf einem uber alien ubrigen Mcnschen erhobencn Platz
erschien. Es ist typisdi fur Byzanz, daft es immer Situationen gab,
die den von Corippus beschriebenen verwandt und dazu angetan
waren, das Bild vom Sonnenaufgang auf den Plan zu rufen. Den
Beweis hierfiir bieten die Akklamationen, die im allgemeinen
keine spontanen Aufterungen des Volksempfindens mehr, sondern
langst ritualisiert waren.«» Eine Begebenheit um 600 n. Chr. er-
moglicht uns vielleicht, die Entwicklung von Spontaneitat zu Ritu-
alisierung der Sonnenaufgangs-Metapher selbst aufzuzeigen. Eines
Tages verspdtete sidi Kaiser Phokas mit seinem Erscheinen im Zir-
kus, weil er mit seinen Freunden gebechert hatte. Da die Rennen
nicht beginnen konnten, bevor der Kaiser anwesend war, brach die
ungeduldige Menge in den Ruf, den man hinfort so oft in den Be-
richtenbyzantinisdierCeschichte finden sollte, aus: 'AvdieiXov ^wxa,
„Gehe auf, Phokas, erscheine."32 Die Masse handelte gewifi spon-
tan; aber war auch der Ruf spontan? Sicher gibt es fruhere Bei-
spiele fur den Gebrauch der Anateilon-Akkhm^iion; in der einen
Oder anderen Form war sie wohl beim Empfang Vespasians im
Hippodrom von Alexandreia zu horen.^^ Der Ruf war anscheinend

30 Corippus, In laudem lustini IV 227 tf . 245 ff . 251 ff .

3' Zur Entwidclung der Akklamationen s. Alfoldi, Zeremoniell (Rom.
Mitt. 49 [1934], S. 79 ff.; jetzt in: Die monardiisdie Representation mi
romisdien Kaise'rreidie (Darmstadt 1970), S. 79 if. [Anm. d. Obers.]).
Treitinger, Zeremoniell, S. 71 ff.; allgemein Th. Klauser, Akklamationen
(RAC 1 [1950], S. 216 ff., bes. 225 f. [§ 7]).

32 Cedrenus, Synopsis 404 D (ed. Bekker [Bonn 1838] I 709,5).

33 [Siehe oben Anm. 79.]

'AvaToXri xov beoKOxov

269

konventionell, gebrauchlich zum Beispiel im Zirkus.^*^ Wahrscheinlidi
wurden solche Rufe aber erst in einer spateren Periode ritualisiert
und erhielten ihren Platz im kaiserlichen Zeremoniell. In spaterer
Zeit jedenfalls waren diese Rufe oder Akklamationen in Byzanz
so bekannt und im hofisdien Zeremoniell verankert, daft man einen
bestimmten Akt einfach to dvaxtiXov nannte, wie etwa in der alten
osterreichischen Monarchie die Nationalhymne das „Gott erhalte"
cnthielt. So konnte dann Kodinos schreiben: oi \^d'kxm $6oi50i to
dvcxTt-aaTE, „die Sanger singen den Aufgang'^^

Wie sah die Auffuhrung des „Aufgangs" aus, und bei weldien
Gelegenheiten wurde er gesungen? Das Zeremonienbuch des Kon-
stantinos Porphyrogennetos gibt eine komplette Darstellung der
Handlung bei drei Gelegenheiten: bei der Ernennung eines Caesar
oder nohilissimus; bei einem deximon, einem feierlichen Empfang;

im Hippodrom.

Die Kooptierung und Ernennung eines oder mehrerer Unter-
kaiser oder Caesaren seitens des regierenden Basileus war seit den
Reformen Diokletians regelmaftige Praxis und findet sich in alien
Jahrhunderten byzantinischer Geschichte. In der konstantinischen
Epoche trug der Caesar den Titel epiphanestatos kaisar, spater den
Titel eutychestatos.^^ Wir besitzen Nachrichten uber das bei der Er-
nennung eines Caesar vollzogene Zeremoniell, sogar fur die fruhe
Zeit. Gut ist die Proklamation Leons II. im Jahre 473 besdirieben.
Sie fand im Hippodrom vor Soldaten und Volk statt. Die Menge
verlangte in griechischer Sprache, der alte Kaiser, Leon I., solle er-
scheinen, und das Heer stimmte mit Rufen in lateinischer Sprache

34 Eine der Parteien, die Grunen, gruftte traditionell den roten Wagen-
lenker als 'AvaxtUwv; vgl. De caerim. I 69 und 71 (ed. Reiske 320,12
und 351,23; Vogt II 126,11 und 153,8).

35 Kodinos XVII (ed. Bekker 97,4); vgl. A. Heisenberg, Aus der Ge-
schidite und Literatur der Palaiologenzeit (Sitzungsberidite Mundicn 1920,
10) S. Ill; s. audi Jacques Handsdiin, Das Zeremonienwerk Kaiser Kon-
stantins und die sangbare Diditung (Basel 1942), S. 103; Handsdiln betont
den Umstand, dafi die Anateilon-Akklamationen sdiliefilidi der Mehrzahl
von Kaisern angepafit wurden (Anateilate); s. hierzu audi De caerim.
(ed. Vogt im Kommentar II, p. XVI).

" Zu den Epitheta s. Vogt, a. a. O. II, Kommentar 45 und 50.

270

Ernst H. Kantorowicz

ein Als der Alt-Kaiser in Begleitung des Senates ersch.en, forderte
die Versammlung die Kronung des neuen Caesar. Darauflim wurde
der Caesar, Leon II., durch den Kaiser eingefuhrt und e.ngesetzt_
Die Ernennung Justinians 1. .m Jahre 525 folgte ahnhAen R.cht-
linien, nur mit dem Unterschied, dafi sich die Zeremon.e .m Tncl.-
nium des Palastes und nicht im Hippodrom abspielte.»»

Seit dem 8. oder 9. Jahrhundert fand die Investitur eines Caesar
(der Terminus h.erfur war xfieotovia, Handauflegung) auf der
Terrasse des sogenannten „Tribunals" statt. Das Tribunal war em
ziemlich geraumiges Atrium innerhalb des Palastes, wo be. dieser
Gelegenheit die regalia und insigma des neuen Caesar auf emem
Tragaltar ausgestellt wurden. Zum Tribunal gelangte man durdi
eine riesige Empfangshalle, das „Triclinium der "^"""^n Sofas
durch welche die kaiserliAe Prozession zog. Bevor ,edoA d.e Ma,e-
staten (der Alt-Kaiser, d.e kaiserliAe Gattin, v,el e.dit eme Ka>-
serinwitwe oder ein zu frUherem Zeitpunkt gewahlter Caesar) auf
der Terrasse des Tribunals ankamen, wahrend s.e noA zusammcn
mit dem Patriarchen, den Raum der „neunzehn Sofas" durchsAr.t-
ten, setzten draufien auf der Terrasse die Akk amat.onen em, d,e
das Erscheinen der Herrscher forderten. Solche Akklamat.onen
wurden me.stens im Wechselgesang zwischen Vorsangern und Volk
vorgetragen;

Sanger: ..Empor, go.tergriffene Majestat" - 'AvaTetJ-ov, ^ fv».o;

Volk-. .Empor, empor, empor" - •Avixf.Xov, av«Tri).ov avaxeaov.
Sanger: .Empor, NN., Autokratores der Rhomacr" - 'Avateaov,

NN., ui'ToxeuToee; 'Pwuaiwv.
Volk-. ,.Empor, empor, empor" - 'AvaTe.J.ov, .VvdtnXov, avaTEdov.
Sanger: „Empor, Diencr des Herrn" - 'Avaxn^ov, o. Oegu.tovx.;

TOV Kl'QlOV.

ST De caerim. I 94 (ed. Reiske 431,12 ff-): ^^^Q^^^ ■ • • ^Qo^Q^^ov..^
xov Paadpa dve?.dElv. Cber den Charakter dieser Rufe wlrd nid^ts gesagt;
es muli Sid, be. .hnen um x>.,xtxa ahnlid, dem dvdT.t>.ov gehandeh haben.
Einen knappen Oberblick iiber die fruheren Kronungen gibt A. E. R. Boak.
Imperial Coronation Ceremonies of the Fifth and Sixth Centuries (Har-
vard Studies in Classical Philology 30 [1919], S. 37 ff.)-

88 De caerim. I 95 (ed. Reiske 432).

'Awaxoki] xov btOKoxov

271

Volk: „Empor, empor, empor" — 'AvuteiXov, dvdiEiXov, dvatEiXov.
Sanger: „Empor, NN., Augustae der Rhomacr" — 'Avdredov, NN.,

Avtyoi^OTai xojv 'Pwj-iaiwv.
Volk: „Empor, empor, empor" — 'AvdxEiXov, dvateiXov, dvdxEiXov.
Sanger: „ Empor, Herrscher mit den Augustae" — 'AvdxeiXov, ol

6EOjtoxai avv xaiz, AiJYoiiaxui;.
Volk: „Empor, empor, empor" — 'AvdxEiXov, dvdxEiXov, dvdxEiXov.

[Das dvdxFiXov (engl. "rise") des Originals wurde hier, um den Unter-
sdiied zwischen dvdxEiXov und dvaxEi>.ax£ nicht zu verwisdien, mit „em-
por" wiedergegeben; an anderen Stellen versucht die Obersetzung durch
„gehe auf" (dvdxtdov), „geht auf" (dvttXEiXaxE) im Bild des „Aufgangs"
(dvaxob'i, sunrise, Sonnenaufgang) zu bleiben. Anm. d. Obers.]

Nach diesem Muster wurde die Anateilon-Akklamation dar-
geboten, und zwar hevor der Kaiser und seine Familie zu sehen
waren und auf die Terrasse des Tribunals heraustraten. Auf der Ter-
rasse war ein Altar aufgebaut, hinter dem der Patriarch mit seinem
Diakon Platz nahm, wahrend es dem Kaiser oblag, die Menge mit
dem dreimaligen Kreuzeszeichen zu segnen. In diesem Augenblidc
stimmten die Sanger der Blauen und der Griinen den Ruf der
himmlischen Heerscharen, das „Heilig, heilig, heilig", an. Darauf-
hin anderten die Sanger die Tonart und erlauterten gleichsam die
Absicht der voraufgcgangenen Anateilon-Rufe:

Herren der bewohnten Welt, findet Gefallen an euren Sklaven, die
euch herbcigerufen haben {nagay-aXovyxaz) . Sklaven sind wir und so
wagen wir es, eudi herbeizurufen (.laQaxaXEoai). Mit Furcht treten
wir ehrerbietlg an eudi heran (6voa).iov|iEv), unsere Herren; ihr Wohl-
tater (fVfQyixm), wchrt das Bose ab (d/.E|ixdxco::) und seid gnadlg ge-
ncigt den Bitten cures Volkes! Ihr Herren, erfiillt cure Sklaven mit
Freudc; fiir die Freude eurer Stadt treten wir an eudi heran. Lafit euren
Sklaven den Caesar ersdieinen (trnq: avfixco) ! Wir, eure Sklaven, rufen
ihn hervor, Herren, zum hochsten Ruhm des Senates, zum hochsten
Gliidc des Heeres, zu eurem Ergotzen, ihr Wohltater.'^

'» Fiir die ganzen Darbietungen vgl. De caerim. I 43 (ed. Reiske 222 ff.;
Vogt II 29 ff.). Dieselben Akklamationen wurden nach I 44 (ed. Reiske
228,21 ff.; Vogt II 36) bei der Beforderung eines nobilissimus dargeboten.
Der zweite Teil der Akklamationen — ohne das Anateilon — war auch bei

272

Ernst H. Kantorowicz

Diese Akklamatlonen sind In mehrfacher Hinsidit Interessant.
Zunachst entschuldigcn sich die Sanger dafur, daft sie die Majesta-
ten durch die Anateilon-Rufe „herbeigerufcn" haben, mit ihrer
Bitte zu erscheinen belastigt haben. Sie verstanden also die Anatei-
lon-Rufe als das, was sie in Wirklichkeit waren: yAriTixoi oder
i'ljivoi mtoaxbiTixoi, kultische und rituelle Rufe, durch die ein Gott
urn sein Erscheinen gebeten wurde.^" Die Entschuldigungen fiir das
Herbeirufcn oder Heraufbcschworen der alcxikakin — der Gotter
oder „Wohltater", die Obel abwehren — , gchorcn in dcnselbcn
rituellen Bereich; man findet sie ziemlich haufig in den Zauber-
papyri.^tEbenso interessant ist die „Furcht", daft man dieMajestaten
„belastigt" habe, die wiederholte Versicherung, daft die Rufer oder
„Beschworer" Sklaven seien, und endlich das Verlangen, die Epi-
phanie des neuen Caesar /u veranlassen.'*^

Wir stellen fest, daft ein ritueller Akt stattfand, in dem die Rufe
„Gehe auf, gehe auf, gehe auf" ihre ganz besondere und fast ma-
gische Funktion haben, namlich das noch nicht gegenwartige numen
des Kaisers herbeizurufcn. Mit der allgemeinen Vorstellung von
der feierlichen Beschworung einer Gottheit stimmt iiberein, daft der
e.Ti(r«vric:, wenn er endlich erscheint, das Volk segnet und die
Segensworte durch den Ruf der Engel „Heilig, heilig, heilig" beant-

wortet werden.''^

Ganz ahnlidi ging es beim Deximon, eincm feierlichen Empfang
fur die hofische Gesellschaft im Palast, zu.^* Das Anatcilon wurde

anderen Gelegcnheiten zu horen; vgl. De caerim. I 62. 69. 71 (ed. Reiskc
278 f. 327. 354. 356; Vogt II 88. 132. 155 f.). Zum Tribunal s. Vogi a. a. O.
I, Kommentar 51 f.; zu den Neunzehn Sofas s. ebd. 68.

*« Siche oben Anm. 16; Elpidius Pax, Eni4>ANEIA 32 f. und passim;
dcrs., Epiphanie (RAG 5 [1961], S. 841 [Ruf- und Heisdiclicdcr]).

4» Siehe z. B. Preiscndanz II 54 (P. XIa, 14); Pfistcr. Epodc 335 f.

*2 Diese Bckundungcn von Furdit und heiliger Sdieu, die m\n in den
Zauberpapyri haufig trifft, sind audi „llturgisdi". Siehe Edmund Bishop,
Observations on the Liturgy of Narsai (in: R. H. Connolly, The Liturgical
Homilies of Narsai [Texts and Studies 8,1; Cambridge 1909], S. 92 ff.).

" Treitinger, Zeremoniell, S. 227, Anm. 80, hat die Stellen fiir die kai-
serlidie Segnung (xttTaaqQayiteiv) des Volkes gesammelt.

<* De caerim. I 63 (ed. Reiske 280; Vogt II 90 ff.). Zum deximon s.

'AvttToXT) ToO 6fc0.10T0U

273

auch bier gesungen, bevor die IVIajestaten in Erscheinung traten,
also wahrend sie zu den erhohten Thronen hinaufstiegen. Das Ana-
tcilon kiindigte ihren „Sonnen-Aufgang" auf den Thron an. Wie-
der folgte die Segnung, die von den Rufen des „Dreimal-Heilig**
beantwortet wurde. In dem folgenden sogenannten Trilexion,
einem dreiteiligen Gesang fiir den Kaiser, der jeweils durdi ein
Polychronion (die guten Wunsdie fiir eine lange Regierung) einge-
leitet und unterbrochen wurde, fand sich tatsachlidi ein Zitat aus
Lucas 1,78 mit speziellem Bezug auf den Kaiser:

Die Stadt der Romer erhalt Kraft, denn sie empfing das Heil von ihrem
eigenen Sproft, und das Szepter der Madit wird gepriesen . . . Denn
„der Aufgang aus der Hohe hat sie besucht" durch didi, unser Herrscher,
der du die Gcrechtigkeit liebst und gesalbt hist vom Herrn mit heiligem

ai.''^

In anderen Worten: Durch den Kaiser, den Sproft von Byzanz,
ist die Sonne der Gerechtigkeit aufgegangen und hat der Stadt Heil

gebradit.

Das Zeremonienbuch erwahnt die Anateilon- Akklzmztionen
noch einmal in Verbindung mit dem Ersdieinen des Kaisers im
Hippodrom.'*" Tatsachlich hieft schon das Erscheinen des Basileus in
seiner Loge anlaftlich der Rennen 'AvaTO?.T^ xov ftponoTOV, „Auf-
gang" oder adventus desHerrschers.'''Dieylyzafei/on-Zurufe wurden
— mit leiditen Variationen auf seiten der Blauen und der Griinen —
von den beiden Zirkusparteien dargebracht, in dem Augenblick,
da sich die Majestaten ansdiickten, die Stufen des Kathisma
zu ersteigen, und wahrend sie hinaufstiegen, auf jeden Fall hevor
das Volk sie sehen konnte. Nach seinem Erscheinen erteilte der
Kaiser den Segen mit dem Bausch seiner Chlamys; er stand dabei
mit seiner Familie vor dem Thron. Zunachst wandte er sich zu

Vogt II, Kommentar 97 ff.; fiir die musikalischen Partien s. Handschin,
Das Zeremonienwerk, S. 51.

*'- De caerim. I 63 (ed. Reiske 281, 20 ff.; Vogt II 91).

<« De caerim. I 69 (ed. Reiskc 316 f.; Vogt II 122 f.).

«" De caerim. I 68 (ed. Reiske 305,5; Vogt II 113,13); vgl. audi Sophie
Antoniades, La place de la liturgie dans la tradition des lettres grecques
(Leiden 1939), S. 196.

274

Ernst H. Kantorowicz

der Mcnge in der Mitte, dann besonders nach rechts und links zu
den Blauen und Griinen; daraufhin wurde der Segen beantwortet
durch das „Dreimal-Hcilig" und die folgenden Akklamationen des
Kaisers, „mit dem zusammen Gott herrscht" und der die himm-
lische Majestat auf Erden sichtbar werden lafit, indem er „Gottes
Liebe zu den Menschen nachahmt".''^

Die drei im Zeremonienbuch beschriebenen Akte zeigen, dafi das
Anateilon konstant gesungen wurde, bevor das Volk den oder die
Kaiser sehen konnte, also wahrend sie im „Aufgehen" zum Tribu-
nal, zum Thron, zum Kathisma begrifTen waren. Ebenso wie sich
Corippus in seinem Panegyrikos der Sonnenaufgang-Metapher bei
der Erhebung auf den Schild oder die sedia gestatoria bedient,
wurden die Anateilon-Kuh immer dann beschworen, wenn der
Kaiser sich physisch zu einer hoher gelegenen Stelle begab. Dies
gait auch fur die allerdings weniger naturlich gestaltete Zere-
monie der prokypsis: Dieses Sdiauspiel ist im Buch des Konstan-
tinos Porphyrogennetos nicht erwahnt und dlirfte erst in der Zeit
der Komnenenherrsdier aufgekommen sein.***

Prokypsis kann jede erhohte Plattform oder Estrade bedeuten;
in diesem Sinn ist das Wort, bzw. genauer jiqoxiuitiov, in einem
Scholion zu einem Epigramm der >Anthologia Planudea< gebraucht

^« Zu den kaiserlidien Segnungen, die mit einem Bausdi des Purpur-
gewandes erteilt wurden, s. Reiske a. a. O. II 64. 89 ; Treitinger, Zeremoniell,
S. 227, Anm. 80. Ob dieses Ritual mit der mappa, dem purpureum pannu-
ium, in der Hand des Kaisers oder mit der Verehrung des Purpurs verbun-
den werden darf, ist sdiwer zu sagen. Zu letzterer vgl. W. T. Avery, The
adoratio purpurac (Memoirs of the American Academy in Rome 17
[1940], S. 66—80). Zu den Akklamationen s. De caerim. I 69 (ed. Reiske
317,6 ff.;Vogt II 123).

4» Zur prokypsis vgl. die klassische Abhandlung von Heisenberg, Pa-
laiologenzeit, S. 85 ff., und die wertvollen Erganzungen von Treitinger,
Zeremoniell, S. 112 ff. Siehe ferner M. A. Andreeva, De la ceremonic
,prokypsis' (Seminarium Kondakovianum 1 [1927], S. 157—173; den
russischen Text iibersetzte freundlidierweise Professor Michael Cherniav-
sky), die sehr rlditig die enge Verbindung der prokypsis mit der kaiser-
lichen anatole bei einem deximon und im Hippodrom (vgl. die folgende
Anm.) betont, eine Verbindung, die nicht nur „aufierlich" war (Treitinger,
S. 114).

'kvaxoXi] Tou bfOJioTOv

275

zur Bezeichnung der erhohten kaiserlichen Loge im Zirkus, von
der aus der Kaiser den Rennen zusah.^® Im Laufe der Zeit ent-
widtelte sich die Bedeutung von prokypsis dahin, daft damit so-
wohl eine Zeremonie als auch eine spezielle Art von erhohter Platt-
form bezeichnet sein konnte. Die prokypsis war eine holzerne
Estrade, die im Freien errichtet und passend mit Wandteppichen
und goldenen Vorhangen drapiert war. Die Vorhange blieben zu-
nachst noch geschlossen, wenn der Kaiser mit den Caesares und den
Augustae die Plattform liber eine riickwartige Treppe bestieg. Vor
der prokypsis versammelten sich der Hof, der Klerus, die Abord-
nungen des Heeres und das Volk und warteten auf das Erscheinen
der Majestaten. Wenn dann die Mitglieder der kaiserlidien Familie
die ihnen zukommenden Platze auf der Estrade eingenommen und
sich zum Auftritt geriistet batten, wurden die Vorhange aufgeris-
sen: Die Kaiser waren nun von den Knien auf warts sichtbar und
vollzogen ihre Epiphanie. Immer wenn die Zeremonie nach Son-
nenuntergang stattfand, und dies kam oft vor, war die Biihne
kiinstlich erleuchtet. Im Dunkel der Nacht vermittelte die prokyp-
sis den Eindruck einer Insel des Lichts, in deren Glanz sidi das
numen praesens des Basileus manifestierte: eine kaiserliche Epi-
phanie.*'

Die prokypsis wurde regelmafiig an bestimmten kirdilidien
Festtagen aufgefuhrt, zu Weihnachten und Epiphanie, nachdem der
Kaiser in einer der Palastkirchen der Vesper beigewohnt hatte; sie
fand allerdings audi bei gewissen Hoffesten statt, bei Kronungen

so Siche Anthologia Palatina, ed. P. Dubner (Paris 1888) II 640, das
Sdiolion zu XVI 380.

5' Kunstliche Lichtcffekte in Verbindung mit einer Epiphanie waren
wohlbekannt. Vgl. z. B. L. Deubner, Romische Religion (Ardiiv fur Reli-
gionswissenschaft 23 [1925], S. 314); Deubner erwahnt eine Platte der
Caracalla-Thermen, bei der die Zwischenraume zwischen den Strahlen der
Strahlenkrone des Mithras herausgeschnitten waren, so dafi ein hinter
dieser Platte aufgestelltes Licht den Eindruck der Ersdieinung des Gottes
im Glanz des gottlichen Lichtes vermittelte. Zu einer ahnlidien Platte vgl.
G. Bchrens, Ein Mythraeum in Bingen (Germania 6 [1922], S. 82). Slehe
vor allem Apuleius, Metam. 11,24 ff.; Treitinger, Zeremoniell, S. 115,
Anm. 338.

276

Ernst H. Kantorowicz

und Hochzeiten.52 In dem Ritus mischten sich kirchliche und heid-
nisch-kaiserliche Formen. Einen Beitrag seitens der Kirche hat man
in dem weitgehenden Gebrauch der Vorhange (xaTajtexdo^aTa) zu
sehen, die seit Einfuhrung der Ikonostase liturgisdie Funktion im
Gottesdienst hatten.^^ Offnen und Schlieften der katapetasmata an
der prokypsis bildeten die Parallele zum Enthiillen und Verhiillen
des Altarraums im Gottesdienst der Ostkirche. Andererseits ging
aber die Verwendung der Vorhange, die in der kirchlichen Sprache
„das Dftnen des Himmels" symbolisierten,^^ ^uf die heidnisch-
romische Vergangenheit zuriick, die als Ferment in den Riten der
Kirche weiterwirktc^^. Dariiber hinaus war es ein Oberbleibsel des
antiken Kaiserkultes, daft der Basileus bei der prokypsis fast im-
mer als Helios begriilk wurde, obwohl audi dieser Zug christlidie
Bedeutung angenommen hatte: Der kaiserliche christomimetes war
ein Widerschein der Sonne der Gerechtigkeit, die in den Weih-
nachts- und Epiphanieliturgien einen zentralen Platz hat.^«

^2 Treitinger, Zeremoniell, S. 114, Anm. 335.

•"••'* Siche ailgemein Carl Sdineider, Studien 2,um Ursprung liturgisdier
Einzelheiten ostlidier Liturgien I: xatajitTaaua (Kyrios 1 [1936], S.
57_73); Joseph Braun, Der diristlidie Altar (Mundien 1924) 11, S. 159 ff.

^* Diese Interpretation gab sdion Johannes Chrysostomos, Homil. Ill
ad Ephes. 5 (Migne PC LXII 29); sie findet sidi mit leiditen Abweidiungen
audi in versdiiedencn Darstellungen der Messe und kirdilidier Gcbaude
im Osten ebenso wie im Westen. Vgl. Brightman, Liturgies Eastern and
Western, S. 491,16 ff. ("signifying that the doors of heaven are then open-
ed"). Ps.-Beda, De tabernaculo II 8 (Migne PL XCI 445 C [Velum hoc,
coelum interpretatur] und 446 D [velum quo coclum figuratur]). Zum
„Gebet des Vorhangs" (evxTH JteQU^Fxao^aTo;) vgl. Brightman a. a. O.,
S. 84 f., 158; Henri Stern, in: Cahiers ardieologiques 3 (1948), S. 97,

Anm. 3.

^^ Alfoldi, Zeremoniell, S. 36 flF. (jetzt in: Die monardiisdie Reprasen-
tation [s. oben Anm. 31], S. 36 ff. [Anm. d. Obers.]); vgl. Eusebios, Ad
Const. I 1 (ed. Heikel 196,30 ff.); Corippus, In laud. lust. Ill 207 ff. 255 f.
(ed. Partsdi 142 f.). Fur einen sdinellen Oberblidc uber die Entwidclung
vgl. audi Grabar, Une fresque Visigothique et I'iconographie du silence
(Cahiers ardieologiques 1 [1945], S. 124 f.); audi Th. Klauser, Der Vor-
hang vor dem Thron Gottes (Jahrbudi fur Antike und Christentum 3
[1960], S. 141 f.).

5« Die wechselseitigen Beziehungen zwisdien heidnisdi-kaiserlidien Re-

'AvaxoXri xov beoKoxov

277

An welc4ier Stelle waren die Sonnenaufgang-Akklamationen in
den Ablauf der prokypsis eingefiigt? Nach Kodinos sangen die
Sanger das Anateilate (hier erstmalig der Plural anstelle des her-
kommlichen Anateilon),^'' wenn die Majestaten die Plattform be-
stiegen, die durdi die goldenen Vorhange nodi verhiillt war, so dafi
die Kaiser vom Volk nidit gesehen werden konntcn. Sobald die
Vorhange sich offneten, priesen die Umstehenden die Kaiser und
riefen ihnen Gliid^wUnsche zu.-^" Fast dasselbe lafit sich einem ano-
nymen Bericht iiber die Kronung Manuels II. Palaiologos (1386)
entnchmcn. Wiihrend die Vorhange geschlossen waren, horte man
die Rufe „Geht auf, geht auf, geht auf, Kaiser der Rhomaer!"
('Av(tTEi?.aTB, dvfXTFiX(XT8, dvaif (/.(tTf, Buoi/.eic twv'Pcd^uiwv). „Un-
mittelbar darauf ziehen sie die Vorhange zuriick. Die Kaiser
treten auf, und die Akklamationen erschallen. Das Schlicfien der
Vorhange entzieht die Kaiser endlich dem weiteren Blick des Vol-
l^g5 «59 Obwohl diese Berichte spat sind, erkennen wir doch den

likten und kaiserlicher diristomimesis sind erorteri bei Treitinger, Zere-
moniell, S. 117ff.; vgl. L'Orange, Cosmic Kingship, S. HI— 113.

" Kodinos c. XVII (ed. Bekker 97): xev'O(0\ bk P»v.oOvq(ov ttiv dva-
pdOpuv oxK.-tovTWV ojOTE iiT] oQaodai tou; PaoiXti;, ol \|jd?.Tai (^fiovai to
uvuTf iXaxE, uvaxtiXaxt. aipoufvwv ovv eijOv'; twv (iTi>woOi)Qa)v EvcfTiuouv-
Ttti ol paaiXfl;. Das plotzlidie Eintreten der Epiphanie (vgl. Matth. 24,27:
oWnep ^ doxpajxTi) ist bemerkenswert und sdieint zum Zeremoniell zu
gehoren; s. Apuleius, Metam. 11,24: repente velis reductis; ferner den von
Heisenberg, Palaiologenzeit 90, zitierten anonymcn Kronungsbcridit:
y.al evdi'; ovoavxE; xd xaxajiExdouaxa; s. ebd. 85 (Choniates): tlaitfVTi;
q^avelc. Die vela waren sich nadi links und rechts offnende Vorhange, wie
sic auf Hunderten von Wiedergaben zu sehen sind; vgl. Grabar, Marty-
rium II 141, Anm. 4, sowie Grabars oben Anm. 55 genannten Artikel, der
diesen ,apparatus' richtig mit Theophanien verbindet. Es gab ailerdmgs
audi liturgisdie Vorhange, weldie vertikal betatigt wurden; vgl. z. B.
Leontios von Neapolis, Vita S. Johannis Eleemos. 14 (ed. H. Gelzer,Leon-
tios' von Neapolis Leben des hi. Johannes des Barmherzigen [Freiburg-
Leipzig 1893] 29,8): xov ftiaxovou ... xov 07101) xaxajtExdouaxo; v\i'oi~o-
^ai f.if/.XovTo;. Dieser aufroUbare Vorhang war in Rom bekannt; vgl. W.
Beare, The Roman Stage Curtain (Hermathena 57 [1941], S. 104—115).

^^ EvqT]f.io\~VTai 01 PaaiXElc; vgl. Anm. 57.

'• Heisenberg, Palaiologenzeit, S. 90,

278

Ernst H. Kantorowicz

vertrauten Rahmen des Zeremoniells, das praktisdi identisch ist
mit dem, welches im Zeremonienbudi anlaftlich der Investitur eines
Caesar, des kaiserlichen Auftretens bei einem deximon oder im
Hippodrom beschrieben ist. Das traditionelle Ritual wurde einfach
auf die prokypsis iibertragen, einsdiliefilidi des Anateilon, das kurz
vor dem Auftritt der zunachst noch unsiditbaren Kaiser dar-
gebracht wurde. Der wesentliche Unterschied bestand darin, daft die
kaiserliche Epiphanie bei der prokypsis sich nicht mit einem ad-
ventus vergleichen liefi, sondern Ergebnis eines Kunststucks war:
Allein zum Zweck ciner Epiphanie verbarg man die Kaiser zu-
nadist hinter dem Vorhang und notigte sie dann durch die Anatei-
/ow-Rufe, sich zu zeigen.

Die Verbindung der .^n^rei/orz-Akklamationen bei der prokyp-
sis mit der Vorstellung von der kaiserlichen Sonnen-Herrschaft
blieb nicht unbeaditet.so Sie ist durch die Werke der Dichter, weldie
die offiziellen Gesange fiir die verschiedenen Epiphanien des Kaisers
verfaftten, sehr gut beleuditet. Das Epithalamion des Theodoros
Prodromes, das den Kaiser Manuel I. Komnenos feiert, als dessen
Nichte Theodora im Jahre 1147/8 den Bruder des Hohenstaufen
Konrad III., Heinrich, heiratete, wurde wahrscheinlidi bei der
Hochzeitsproi^>'p5/s gesungen.^^ Der Kaiser wurde, wie gewohnlich,
als die Sonne angeredet, die, wie man glaubte, mit ihrer Fackel
der Hauptstadt Glanz verlieh und „mit ihren hellen Strahlen und
ihren Aufgangen" (xai Taiq XapiJioai; axxTai oov xai lai; dvaxoXaig
oov) strahlenden Glanz auf die Gesichter des jungen Paares aus-
gofi. Stadt und Volk flehten den kaiserlidien Lichtbringer an
(PaoiXixe (pwatfooe hod): „ Anateilon — Gehe auf, goldener Glanz,
gehe auf aus deinem Schlafgemach und sende deine Strahlen aus."®^
Die Vorstellung, daft der Kaiser aus seinem Schlafgemach (xoitwv)
aufgehe, hatte an sich wohl kaum an den jungen Helden von
Psalm 18,5 denken lassen, der sein solares Brautgemadi (naoiog)

eo

Treltinger, Zeremoniell, S. 112 if. 117 ff. 119 f.; L'Orange, Cosmic

Kingship, S. Ill ff.

«i Zum Epithalamion s. oben Anm. 12; bes. Z. 6 ff. 11 ff. (ed. Neumann

65;ed. Heilig245).

«2 Ebd. Z. 13 : avateiXov, 6 xQvaauvfi;, dno xov ooO xoitwvo;.

'AvaToXr] xov 6fo.i6Tou

279

verlaf^t. Der Unterschied im Ausdruck ist zu deutlidi.*^ Die Paral-
lele war dem Denken der Dichter dennoch nicht vollig fremd. Dies
zeigt ein Gedicht des Nikolaos Eirenikos fiir die prokypsis einer
Braut. Es wurde verfaf^t anlafilidi der Verlobung des nikaenisdien
Kaisers Johannes Batatzes mit Konstanze, einer Tochter des west-
lidien Kaisers Friedrich II. (1244); vorgetragen wurde es von zwei
Halbchoren, die offensichtlich an die Stelle der herkommlichen
Sanger der blauen und grijnen Zirkuspartei traten. In dem Ab-
schnitt, der vorgetragen wurde, wahrend der Kaiser und seine Braut
noch hinter dem Vorhang standen, aber schon auf das Erscheinen
vor dem Volk vorbereitet waren, sang der Chor die Worte:

"H>aE viva paoi?w£v, axd^iatE (fcootfogt ,

Tf|; oixoDUKVTi; 6q0a>4it xai tcuv 'Pwuaitov /.ijxve,

(XvdTfcl?wOV, dvUTElXoV, Tl TOl) ).outov I^QQ^VVFi;;

Sonne, Held, Kaiser, unermiidlidier Bringer des Lidits,

Augc der Welt und Leuchte der Rhomaer,

gehe auf, gehe auf, warum verziehst du nodi langer?*"

Hier riickt die g/gas-Metapher etwas naher an die Bilder von
Psalm 18,6, um so mehr als andere pro^^/psis-Gedichte dazu das
Wunder in Parallele setzen, dafl beide, die unermef^liche Sonne der
Gerechtigkeit und die unermefiliche kaiserliche Sonne, Platz genug
auf der kleinen Sonnenscheibe finden: Christus liegt beschlossen in
der winzigen Hohle seiner Geburt und der Kaiser in der Enge der
prokypsis, die zu Weihnachten irgendwie die Hohle von Bethlehem
symbolisierte, erfiillt von dem Lidit der aufgehenden Sonne der

Gereditigkeit.®^

Die wenigen hier angefiihrten Beispicle beweisen hinreichend,

«=« [Sicheoben Anm. 177 ff.]

•< Vgl. Helsenberg, Palaiologenzeit, S. 104; Treltinger, Zeremoniell,
S. 1 16. Ahnliche Ausdrud^sweise bei Theodoros Prodromos, Poemata X 31 f.
(ed. Mai [s. oben Anm. 1 1 ] , S. 408) :

'AvFTEi/.a;, dvETEi^wtt; /.aungov ^/< xfi; Eo»a;,
r\\\.i dEiE t^aoi/.Ev, xai hi}.bovxtlz niv xxiaiv.
•* Zu diesem Parallelismus s. das Gedidit des Manuel Holobolos (ed.
Bolssonade, Anecdota Graeca [Paris 1829— 1833J V 161 und 163);
L'Orange, Cosmic Kingship, S. 89, Anm. 1.

280

Ernst H. Kantorowlcz: 'AvaxoXri toO btan6rov

dafi die An a teil on- AkklsimsiUonen immer unter den selben Um-
standen fallig waren und daft trotz der einfachen Wortbcdeutung
„erscheinen" beim Anateilon der solare Nebensinn — aus kaiser-
lidier und diristlicher Sicht — immer gegenwartig war. Aufterdem
beeinflufste die Sprache der Kirche entscheidend auch die Sprache
der Hofliturgie. Akklamationen feierten den „Aufstieg ohne
Abend" (dveo.^epov dvaXrixl^iv) der monarchischen Madit oder ehr-
ten den „unerschopflichen Brunnen der bewohnten Welt" (dxevcoxov
(pQEttQ ifig oixoviifcVTig).** Eustathios, Metropolit von Thessalonike,
verherrlicht die Dynastie der Komnenen als Lichtbringer ohne Un-
tergang ((p(ooqpoQT]aoi 6e ov xaxd xouq 6\|'t- Sijovtag, akV Eig d6itxov).®^
In einem Epithalamion wandte sich Theodoros Prodromos — ver-
mutlidi in Verbindung mit einer prokypsis — an den Kaiser Johan-
nes Komnenos: „Mogest du nidit untergehen, Sonne Roms, mogest
du in alle Ewigkeit nicht untergehen" {\kr[ 8iLivng, Tw^Tig Ti>ae, j-IY]
8uvxig eic aiwvcxg).*^^ Die Osterakklamationen verkiinden: „Am heu-
tigen Ostertag teiert die Schopfung ein zweifaches Fest des Heiles,
da sie deine konigliche Macht, o Herr, aufgehen sieht zusammen
mit der Auferstehung Christi."«» Weihnaditen, Epiphanie, Ostern
und andere Feste waren in Konstantinopel demnach Doppelfeste;
das zeigt sich in dem oben zitierten Epiphaniegedicht des Pro-
dromos.'" Diese Feste kiindeten namlich von dem Aufgang zweier
Sonnen, der Sonne der Gerechtigkeit und der kaiserlichen Sonne,
die ebenso wie erstere ein Licht „ohne Abend", „ohne Untergang"
und „unerschopflich" war wie das Licht, das in kirchlichen Liedern
verherrlicht wurde. Augensdieinlidi sind in die byzantinische dvaxoXii
xoC' ftpo.Toxoii der ht\dms(heOriens Augusti und der christliche Or/e«s
ex alto eingegangen.

•« De caerim. I 79 (ed. Reiske 375,6 ff.; Vogt II 176). [Siche audi unten
Anm, 251.]

«^ Eustathios, Laudatio funebris c. 71 (Migne PG CXXXV 1025 B).
«« Theodoros Prodromos, Poemata IV 14 (ed. Mai 402).
«« De caerim. I 4 (ed. Reiske 46,5; Vogt I 40,8).
'° Siehe oben Anm. 11.

Sonderdruck

aus

STUPOR MUNDI

Seiten 95-129

Kaiser Friedrich II.
und das Konigsbild des Hellenismus

von

ERNST H. KANTOROWICZ

1982

WISSENSCHAFTLICHE B UCHG ESELLSCHAFT

DARMSTADT

Aus: Var»a Variorum, Festausgabc fiir Karl Reinhardt, Bohlau Verlag. MiJnster'KSln

l"^^.. S 16^—193 Audi in: I.rnst Kanrorowj. ' b% Ralph E. Giescy

1 T Austin. Pi. New York 1%S,
pp 264— 2g3

KAISER FRIEDRICH II. UND
DAS KONIGSBILD DES HELLENISMUS

Marginalia miscellanea

Von Ernst H. Kantorowicz

In einem anregenden Werk iiber die Apotheose im Spiegel des
hellenistisch-spatantiken Herrscherportratf hat Hans Peter L'Oran-
ge an Hand gcwisser Einzelzugc wie Haartracht und Himmelsblick
cinen Bildti-pus herausgestellt, den er mit Alexander dem GroBen
beginnen laBt und dessen Fortleben er bis zu dem Staufenkaiser
Friedrichll. verfolgt^ Ob diese Linienfiihrung sachlich in alien
Einzelheiten richtig ist, stehe nicht zur Erortening*. Auch mag
es hier gleichgiiltig sein, daB der diademgekronte bartige Kopf
im Besitze des Kaiser-Friedrich-Museums ganz gewifi nicht Fried-
rich II. darstellt*. Nach Ausweis der Miinzen und des Kopfes vom
Capuaner Briickentor, dessen AbguB wiederzutinden Ernst Lang-
lotz kurz vor dem Zwdten Wehkrieg gegliickt ist, war die ofhzielle

^ H. P. L'Orange, .■xpDincosii^ m Ancicni ruririirurc (Instituttct for
Sammenlignende Kulturforskning, Scr. B, Skriftcr, XLRO, Oslo, 1947.

" Einvande bcziiglich cinigcr Einzclhciten (Interpretation von Nero)
machte Miss Jocelyn M. C. Toynbec, in Numismatic Chronicle, 1947,
126-149, doch beriihrcn diese das Hauptproblcm nicht. L'Oranges
Arbeit ist nicht auf ein interessantcs, wcnn auch spatcrcs und auBcrhalb
seines Arbcitsfeldes bcgendes Problem emgcgangcn: viewcit die iva-
cttoXt; TTj^ y^'^'fiTiC,, die „Sonncnfrisur", etwa auf die Haanracht Ludwigs
XIV. eingewirkt hat. Abcr der Kult des Roi soleil ist noch nicmals
systematisch auf seine Quellen hin untersucht wordcn.

* L'Orange, Apotheosis, 129, Fig. 97, versicht iibrigens die Zuwei-
sung des mittclalterlichcn Portraitkopfcs sclbst mit emcm Fragczeichen.
.\nschcinend stammt die Deutung als ,,Friedrich II." von A. Vcnturi,
Stona dcU' Arte Italiana, Mailand, 1904, III, p. 540, und Fig. 519.

Q^ Ernst H. Kaniorowicz

Bildauftassung des Kaisers (und nur urn ein offizicllcs Portrat
konntc es sich doch handcln) einc gan^Aich andcrc. Wcnn fernci
die kaiserlichen Parteiganger oberitalienischer Stadte sich damals
die harharasi nannten, so ermutigt der Partcinamc gcwiB nicht,
ein bartiges Haupt als Bildnis des letzten Staufenkaisers zu identi-

ftzieren^.

Der Kopi entstammt jedoch allem Anschein nach der sud-
italienischen Bildhaucrschule des 13. Jahrhunderts, und da der
Kunstler, einem spatantiken Modell nacharbeitend, den Kopf mit
der avatTToXT; tt,^ xoixr,^, den fiammenden Locken des Sonnen-
gottes, versehen hat, so laBt sich L'Oranges wciter Bogenspan-
nung, durch die er Hcllenistisches und Stauhsches zu verbinden
weiB, eine innere Berechtigung nichi absprechen. Im Gegenteil,
das archaologische Problem, das der ausgczeichncte Osloer Gc-
lehrtc damit angedeutet hat, laBt die Frage aufkommen, in
welchem Mafk hellemstisches Gut uberhaupt in der I'mgebung
Friedrichs II. wirksam gewesen ist, und bis zu welchem Grade
es statthaft ist, auch die Zuge des hellenistischen Herrscherty'ps
in das historischc Bild dieses Kaisers einzuzeichnen.

Das Thema „FriedrichIl. und der HeUemsmus" ist bcgreiflicher-
weise schlechthin unausschopflich. Was - so wird man fragen
diirfen - ist denn nicht, mit EinschluB des Christcntums, letzten
Endes hellenistischen Urjsprungs gewesen? Ganz gewiB wiirdc
dies gelten fiir die Rezeption des Aristoteles. Sieht man aber von
all dem hier ab, so tragt doch der ganze sonstige gelehrtc Betrieb
am Kaiserhofe den Stempel des Hellenismus. Die Physiognomi-
ker, Astrologen, Menschen- und Tier-Mediziner, die Botaniker,
Zoologen, dit Optiker und Alchimisten, sie alle arbeiten mit
Material, das ietztlich hellenistischer Herkunft ist. Selbst wenn
man das Thema auf das hellemstische Komgsbild einzuschranken
sucht, so bleibt des Vagen immer noch genug. Die Arbeiten von
Andreas Alfoldi und anderen haben es klargestellt, daB Tracht

* Es ware zu hoffen, daB Langlotz semen Fund veroffentlicht, selbst
wenn der AbguC etwas enttauschend ist. Zur Bartlosigkeit vgl. Kan-
torowicz, Kaiser Fnednch der Zweite: Erganzungsband, Berlin, 1931.
258 f.

Friedridi Tl. und das Konigsbild des Hellenismus

97

und Zeremoniell der weltlichcn wie geistlichen Herrscher des
Mittelalters weitgchcnd und ganz direkt vom Hellenismus be-
stimmt waren^. Ein Gclchrtenlebcn hindurch hat ferncr Fran7.
Kampers in immer erncutcn, wenn auch nicht immer ganz gliick-
lichen Anlaufen versucht, von Friedrich IT. her zum Hellenismus
die Brucke zu schlagen. Dabei bewegten sich seine Fragen meist
in dem schwer faBbaren \X olkenraum von Kaiscrsage und Kaiser-
mystik, und seine Arbeiten werden dinglicher nur da, wo sie sich
mit einem ganz konkreten BegrifF wie dem der Fortma Augusti
beschaftigen*.

Nun haben jedoch in jiingster Zeit die Arbeiten von Erwin
R. Goodenough' und Louis Delatte* iiber die hellenistischen
Konigsspiegel, deren Fragmente bei Stobaeus iiberliefert sind.

^ A. Alfoldi, Die Ausgcstalfung des monarchischen ZeremonicUs am
romischen Kaiserhofe, Mitteil. d. Deutschen Archaol. Inst., Rom.
Abt., XLIX, 1934, 118ff., und Insignicn und Tracht der romischen
Kaiser, ebda., L, 1935, 171 ff.; auch Richard Delbriick, Der spatantike
Kaiserornat, Antike, \TII, 1932, 21 ff., und die Arbeiten von Percy
Ernst Schramm. Fiir die Kirche, vgl. Theodor Klauser, Abendlandischc
Liturgiegeschichtc : Forschungsbencht und Besinnung, Eleutheria.
Bonner theologische Blatter fiir kriegsgefangenc Studenten, I., 1944,
lOf., und vor allem jetzt Der Ursprung der bischoflichen Insignien und
Ehrenrechte (Bonner akademischc Reden, 1.), Krefeld, 1949, eine Arbeit,
der man nur baldige Fortsetzung wiinschen kann.

* F. Kampers, Die „Fortuna Caesarea" Kaiser Friedrichs II., Hist,
jahrb., XLVIIl, 1928, 208 ff. Kampers hat sich leider manche einfache
Linie verbaut durch Annahme eines ,,ratselvollen Uberlebens" oder
„dunklen Erinnerns" in bezug auf antike Elemente. Der „Sonnenkult"
Friedrichs II., z. B., hat seine klare Brucke zum bvzantinischen Hofstil
ctwa in dem Gedicht des Eugenios von Palermo auf Konig \i^ilhelm
von Sizilien; vpl. l.eo Stembach, Eugenios von Palermo, Byz. Zs., XL,
1902, 449.

' Erwm R. Goodenough, The Political Philosophy of Hellenistic
Kingship, Yale Classical Studies, L, 1928, 55 ff., sowic The Politics of
Philo JudaeuR, New Haven, 1938, 86 ff.

» Louis Delatte, Les Trait^s dc la Royautd d'Ecphantc, Diotogenc ct
Sthdmdas (Bibl. de la Fac. de Philos. ct Lettres dc I'Univ. dc Li^gc,
Fasc. XCVH), Lixttich-Paris, 1942.

98

Ernst H. Kantorowicz

das Problem der hellenistischen Staatsphilosophie sehr viel schar-
fer beleuchtet; und auf der Grundlage der Papyri und Inschriften
hat Wilhelm Schubart weiterhin das Gesamtbild noch um wesent-
liche Einzelzugc bereichern und erganzen konnen'*. Diese und
andere Arbeiten^^ haben mit verbliiffender Deutlichkeit gezeigt,
in welchem bisher ungeahnten und durchaus nicht-erkannten
AusmaB Konigsideal und Staatstheorie des Helienismus im Mittel-
alter weitergewirkt haben. Die hellenistische Konigsphilosophie
hat in sehr wichtigen Einzelheiten zunachst das spatantike, dann
das byzantinische Kaiserbild beeinfluBt, von dem wiederum man-
che Ziige eingewoben sind in die Herrscherauffassung, der man
am Hofe Friedrichs II. gehuldigt hat.

Auf welche Weise etwa die hellenistischen Konigstheorien in
das byzantinische Denken einmiindeten, hat Norman H. Baynes
an einem Beispiel verdeutlicht, indem er auf die Vermittlerrolle
des Eusebius hinwies^^ Es handelte sich dabei ganz besonders um
die Vorstellung des hellenistischen Konigs als eines „Nachahmers"

" W. Schubart, Das hellenistische Konigsideal nach Inschriften und
Papyri, Archiv fiir Papyrusforschung, XII, 1936, 1 ff.. Das Konigsbild
des Helienismus, Antike, XIII, 1937, 272fF., und Das Gesetz und der
Kaiser, Klio, XXX, 1937, 54ff.

^" Unzuganglich sind mir zur Zeit H. E. Stier, Nomos basileus. Diss.
Berlin, 1927, und P. Zancan, II moanarcato cllenistico nei suoi dementi
federativi, Padua, 1934.

*^ N. H. Baynes, Eusebius and the Christian Empire, Mdlanges Bidez
(Annuaire de Tlnst. de Philol. et d'Hist. Orient, ct Slaves, II), Briissel,
1934, 13ff. Siehe auch, fiir das Weiterwirken in Byzanz, Delatte, Trait^s,
152ff., und cine hinge worfene, wenn auch auBerst fundierte Bemerkung
von Louis Robert, Hellenica, IV, 1948, p. 100, beziiglich der ,, continuity
des habitudes litt^raircs et des cliches moraux ct politiques, de la fin du
Ille si^cle ^ I'ipoque justinienne". Siehe ferncr, fiir die in den hellenisti-
schen Konigstraktaten so auBerordentlich wichtigc qpLXav^pcorla, neben
den Arbciten von Schubart (Anm. 9), den Aufsatz von H. I. Bell,
Philanthropia in the Papyri of the Roman Period, Hommages k Joseph
Bidez et k Franz Cumont (Collection Latomus, II), Briissel, 1948, 31 ff.,
fiir Byzanz besonders 35 f., wo jedoch das uncndlich wcite Feld der
ostlichcn Liturgic fiir dicscn Begriff nicht ausgewcrtct worden ist.

Friedridi II. und das Konigsbild des Helienismus

99

der Gottheit, eines ^eo[jLi{jLy]T7)(;^^, der sinngemaB in Byzanz immcr
starker zu einem xP"'^'^o[xl(jl7jt7)<; abgewandelt wurde, zu dem-
jenigen also, der gleichsam von Amts wegen den Gottmenschen
fast biihnenmaBig vergegenwartigte und auf Erden die Christus-
rolle spielte - ein Gedanke, der wiederum das ostliche Hof-
zeremoniell aufs starkste mitbestimmt hat^*.

DaB die mimesis nicht das einzige Theorem hellenistischer
Herrscherphilosophie gewesen sein konnte, das vom Altertum
ins Mittelalter hiniibergewirkt hat, ware von vornherein zu er-
warten gewesen. Leider hat jedoch die mittelalterliche Historik,
falls nicht neuere Arbeiten hier iibersehen sind, | diese neu-
erschlossenen hellenistischen Konigsspiegel bisher fast vollig un-
beachtet gelassen, sehr zu ihrem eigenen Schaden^*. Eine Aus-
nahme bildet dabei Artur Steinwenter i^, der, als Rechtshistoriker
dem Begriff des v6(i.o^ £pn|/uxo<; und seiner Geschichte nachgehend.

^^ Fiir den Begriff und seine Geschichte, vgl. etwa Michaelis, s. v.
pLt(x£ofxat, in G. Kittel, Theologisches Worterbuch zum N. T., IV,
1938-1940, 661 ff.

" Otto Treitinger, Die ostromische Kaiser- und Reichsidee nach
ihrer Gestaltung im hofischen Zeremoniell, Jena, 1938, bes. 125ff.

** Kenneth M. Setton, Christian Attitude Towards the Emperor in
the Fourth Century (Studies in History, Economics and Public Law . . .
of Columbia University, vol. 482), New York, 1941, bringt den Ober-
gang schon zum Ausdruck, und Goodenough schlicBt semen Aufsatz
(„Political Philosophy") mit einem Ausblick auf das Mittelalter (pp.
lOOf.). Aber selbst der ungewohnlichen Belesenheit von Wilhelm
Berges, Die Fiirstenspiegel des hohen und spaten Mittelalters, Leipzig,
1938, scheinen die hellenistischen Spiegel entgangen zu sein.

1^ Artur Steinwenter, NOMOi: EM4"YX02: Zur Geschichte eincr
politischen Theorie, Anzeiger der Wiener Akademie, LX XXIII, 1946,
250ff. Auf Grund von Delatte, Traites, 245 ff., waren noch einige Ergan-
zungen zu machen, die jedoch die von Steinwenter gezeichncten Ent-
wicklungslinien, insbesondere der spateren Zeit, nicht wcsentlich beein-
flussen. Nur als Kuriosum sei vermcrkt, daB der Sultan Melik Nassir
Mohammed von Agypten sich m einem Schreiben an Kaiser Andronicus
III. (1328-1341) T) ^wt; t^q Stxatocrjvr,? el? tov x6o(xov bezeichnct, was
doch wohl als eine Lmschreibung von vojao; £|j.'j»uxo(; aufzufasscn ist;
vgl. W. Regel, Analecta Byzantino-Russica, St. Petersburg, 1891, p. 57, 7.

100

Ernst H. Kantorowicz

auf jene Stobaeus-Fragmente und die Arbeit von Goodenough
zuriickgegriffen und naturgemaB auch die, in letzter Zeit vielfach
behandelten, Reden desThemistius beriicksichtigt hat, derenTopoi
in die byzantinische Rhetorik geradeso eingingen wie die des
Eusebius in die theologisch gefarbten Staatslehren der Byzan-
tiner^®. DaB im Westen fiir die Lehre vom Mittlertum des Kaisers
als lex animata Friedrich II. eine besonders wichtige Stellung ein-
nahm, ist verstandlich durch die hier einmal voUig unproblemati-
sche Oberlieferung des Begriffs: Justinian hat die Pragung des
Themistius fast wortlich in seine Novelle 105 ubernommen^'.
Durch das erneuerte Studium des romischen Rechtes ist dann
die Lehre von der lex animata schon im 12., vor allem aber im
13. Jahrhundert wieder fruchtbar geworden, und dadurch indirekt
auch die hellenistische Lehre vom Mittlertum des Herrschers^®.
Glossatoren wie Rhetoren des „juristischen Jahrhunderts" konn-
ten nicht umhin, sich mit der Anschauung auseinanderzusetzen, daB
„Gott den Herrscher als das beseelte Gesetz zu den Menschen
herabgesandt hat".

^^ Zuletzt etwa Pietro de Francisci, Arcana Imperii, Mailand, 1948,
III: 2, 114ff., und vorher Johannes Straub, Vom Herrscherideal in der
Spatantike, Stuttgart, 1939, 160ff. Vgl auch Kampers, ,,Fortuna" 223.
Fiir die Nachwirkung des Themistius in Byzanz vgl. die Arbeiten von
Vladimir Valdenbcrg in Byzantion, I und II, vor allem Le idee politiche
di Procopio di Gaza e di Menandro Protettore, Studi Bizantini e
Neoellenici, IV, 1935, 67 ff., bes. 73 f. Die ideengeschichtlich so wichtige
Themistius-Forschung wird erst dann den vollen Gehalt der Reden
ausschopfen konnen, wenn die veraltete und iiberdies schwer erhaltliche
Ausgabe von Dindorf (Leipzig, 1832) crsetzt sein wird durch die Neu-
ausgabe und englische Obersetzung, die Professor Glanville Downey,
in Dumbarton Oaks, vorbereitet.

1' Vgl. Nov. Just., 105, 2, 4, mit Themistius, or. XIX, 228a (Rede
iiber die Philanthropia des Kaisers Theodosius); hierzu Steinwenter,
251 und 260. Obrigens sagt schon Menander {basilikos logos, 11, ed.
Bursian, Abh. Akad. Miinchen, 1882, p. 97, 25 f.), daB der Konig rf; 8'
aCki]\^tirx. t7)v xaTa^oXf^v oupav6^ev ir/ti.

'* Nachweise bei Steinwenter, 252ff. ; vgl. Berges, Fiirstenspiegel, 49;
auch meinen Erganzungsband, 86, 99.

Friedridi II. und das Konigsbild des Hellenismus

101

Im Zusammenhang mit der Lehre von der lex animata verdient
jedoch ein weiterer Topos Beachtung. In seiner groBen Prunkrede
auf Friedrich II., die ihrer Gattung nach, wenn auch weniger den
Bildern nach, der ostlichen Enkomien-Literatur angehort, hat
Petrus de Vinea, der kaiserliche Logothet, seinen Herrn geprie-
sen als den pacator iustissimus . . . quern supremi manus opificis formavit
in hominem, ut tot rerum habenas flecteret et cuncta sub iuris ordine
limitaret^^. Ich hatte diese Zeilen vor vielen Jahren mit der Adams-
Spekulation des 13. Jahrhunderts in Verbindung gebracht: der
Kaiser ist wie Adam - und damit wie der „neue Adam", Christus -
von Gott selbst erschaffen - oder gezeugt^. Ob und wieweit diese
Idee mitgeschwungen hat, bleibe vorerst dahingestellt. Sie war
jedoch nicht allein maBgebend; denn das Bild von dem Herrscher,
„den des hochsten Werkmeisters Hand selbst zum Menschen
geformt hat", ist nicht erst im 13. Jahrhundert gepragt worden.
Die einzige Parallele, die ich seinerzeit heranziehen konnte, war
eine Stelle bei Benzo von Alba, einem Panegyriker der Zeit Hein-
richs IV., der seinen Kaiser ansprach als de coelo missus^ non homo
carnis^^. Aber diese Parallele paBt nicht recht. Wo ran Benzo, dem
zumindest einzelne Stichworte des romischen Rechtes bekannt
waren^^, gedacht haben mag, war eher die lex-animata-'LchTc: der
Kaiser ist der von Gott zu den Menschen Herabgesandte (Benzos :
de coelo missus)^ und zwar als das lebendige oder beseelte Gesetz

" Huillard-Br^holles, Vie ct Correspondance de Pierre de la Vignc,
Paris, 1865, Anh. No. 107, p. 426.

20 Vgl. K. Friedrich II., Berlin, 1927, p. 476; ferner die Analyse von
Ernst Benz, Ecclesia Spiritualis, Stuttgart, 1934, 227 ff., bes. 231. Ob das
Stuck wirklich gesprochene Rhetorik oder Stiliibungsrhetohk ist, ist
schwer zu sagen. Angesichts der sehr lebendigen Panegyrik in Byzanz
und auch im Laskaridischen Reich von Nicaea, zu dem der Hof engstc
Beziehungen hatte (vgl. etwa Erg. Bd., 133), sind derartige Ansprachen
an den Kaiser sehr wohl moglich gewesen. Fiir den hier verfolgten
Zweck ware das iibrigens gleichgiiltig, da cs nur auf das Vorhandensein
des Topos ankommt.

" Benzo, Ad Heinricum, VI, c. 7, MGH. SS., XI, 669, 1 ; vgl. Erg.
Bd., 108.

" Vgl. P. E. Schramm. Kaiser, Rom und Renovatio, Leipzig-Berlin,

1929, 1,281 f., 284.

102

Ernst H. Kantorowicz

selbst (Benzos : non homo carnis). Gehort auch das Bild, das Bcnzo
benutzte, dem gleichen, oder wenigstens einem verwandten
Ideenkreis an, so ist es doch nicht identisch mit Vineas Kaiser,
„den des hochsten Werkmeisters Hand selbst zum Men|schen
geschaffen hat*'. Die schlagende Parallele findet sich jedoch in
einer der hellenistischen Staatstheorien.

In der Schrift Trept pacrtXeta;; stellt der „Pythagoraer" Ekphan-
tos eine Betrachtung iiber die Kosmosregionen an, wie sie in
besserer Uberlieferung in der hermetischen K6p7) x6(T(xou erhalten
ist 2^. Jede der Regionen wird regiert von einem Herrscher, der
innerhalb seines Bereiches der Gottheit jeweils nachstverwandt
ist. In der Himmelsregion herrschen die Gotter selbst; im Ather
herrscht Helios iiber die Sterne; in der Luftregion herrscht Selene
iiber die Seelendamonen.

,,Bei uns auf der Erde ist zwar der Mensch das Bestgeborene, das
Gottlichere aber ist der Konig, der innerhalb der alien gcmeinsamen
Menschcnnatur am Bessercn den Lowenanteil hat.

Den iibrigen Menschen gleicht er durch sein Gchause insofern, als
er aus dem gleichen Stoffe gefertigt ist ; aber er ist von dem hochsten
Werkmeister geformt, der ihn fertigend sich selbst zum Vorbild nahm
(to (i.ev oxavo(; xotc; Xoittoii; 6(i.oto<;, ola ycyovaic; ex xoic, auTa<; uXa<;, hnh
Texvtra 8' etpyaapifvoc; Xwgtw, tc, ^xex^ixeuaev a»jT6v apxexuTrq) yptopLevo?
eauTco).

Der Konig ist also das eine und einzige Geschopf, das des oberen
Konigs innewird (xaTaaxeuaajjia 873 wv 6 ^nuaiKziic, ev xal [lovov ^vvotqtixov
Tto avcorfpto PaaiXeco?); und wahrend er seinem Fertiger von jeher be-
kannt war, ist er den von ihm Beherrschten ein solcher, den man in
seinem Konigtum wie in einem Lichte erblickt^*.

Auf die konighche Mittlerlehre, die hier wie anderwarts in den
„pythagoraischen*' Konigstraktaten sehr deutlich formuliert ist
und die im Umkreis Friedrichs II. gleichfalls wiederkehrt, sei nicht

23 Stobaeus, I, 49, 45, ed. Wachsmuth, 1. p. 407, ed. Walter Scott,
Hermetica (Oxford, 1924), I, 494ff.; Delatte, Trait^s, 154 und 174ff.

-* Die hier zitierte Stelle ist bei Stobaeus zweimal iibcrliefert, IV, vi,
22, ed. Hense, 245, und IV, vii, 64, Hense, 272; neue Edition bei Delatte,
Traitds, 25 f. und 27 f., cf. 47 f.; Goodenough, Pohtical Philosophy, 76,
und Politics of Philo, 98 f., iibersetzt die Stellen.

Friedridi II. und das Konigsbild des Hellenismus

103

weiter eingegangen^^. Der entscheidende Satz jedoch iiber den
gottlichen Techniten, der selbst den Konig geformt hat, stimmt
inhaltlich mit Vineas Lobrede voUig iiberein.

Wie ist Vinea nun dazu gekommen, einen Gedanken des
Ekphantos in solch erstaunlicher AhnUchkeit zu wiederholen?
GrundsatzHch wird mit zwei Moglichkeiten zu rechnen sein:
Vinea konnte den gleichen Gedanken gehabt und ihm in seiner
bibelnahen Sprache Ausdruck gegeben haben, oder aber es ware
mit einer indirekten Cberlieferung zu rechnen, da er ja die
Stobaeus-Fragmente selbst nicht gekannt haben kann.

HinsichtHch der ersten Moglichkeit, der derGedankengleichheit,
lohnt es schon, einige Erwagungen anzustellen. Vineas Aus-
drucksweise - quern supremi manus opificis formavit in hominem - lehnt
sich ganz offenkundig an Genesis, 2, 7 f, an: Formavit ergo Dominus
Deus hominem . . . Gott als supremus opifex oder artifex (XojaTOi;
'zz'/yiTr^(C) ist natiirlich ein ganz herkommhches Bild, so alt wie die
Interpretation des Sechstagewerkes selbst. Geht man nun von
der Genesis-Stelle aus, so hatte Vinea im Grunde nichts anderes
getan, als das vom Menschen und seiner Erschaffung generell
Gesagte nunmehr in besonderer oder gar ausschlieBlicher Weise
auf den Kaiser und seine Erschaffung zu beziehen. Friedrich ware
demnach DER Mensch, der neue Urvater gewesen, der wiederum
eins war mit der ganzen Menschheit, als deren Inbegriff Vinea
seinen Herrn denn auch darstellt^*. |

Es ist nun auBerordenthch bezeichnend, daB in diesem Falle
Vineas Methode genau die gleiche gewesen ware wie die des
Ekphantos. Jener Satz des Ekphantos findet sich wortlich auch bei
Clemens von Alexandrien, der ihn jedoch anfiihrt als Zitat aus
einer Schrift Tcepl Tuxac; eines anderen „Pythagoraers", des Eury-
sos*'. Eurysos ist ganz gewiB nicht von Ekphantos abhangig

" Vgl. Delatte, Index s. v. Roi m^diateur; auch Goodenough,
Politics of Philo, 98, mit anderen interessanten Stellen; fiir Friedrich II.
im Zusammenhang mit der lex animata, vgl. Steinwenter, 263; auch
Erg. Bd., 83ff.; unten Anm. 31. ^e g^nz^ Ecclesia Spirituals, 231.

" Clemens, Stromata, V, 5,29,ed. Stahlin, II, 344, 20; Goodenough,
Political Philosophy, 76, n. 75, bezieht die Stelle auf den Konig; korrek-
ter bei Delatte, 177.

104

Ernst H. Kantorowicz

gewesen^s. Denn das Eurysos-Zitat bei Clemens bringt, trotz wort-
licher tJbereinstimmung, einen fundamental anderen Gedanken zum
Ausdruck, der bestimmt der urspriingliche ist. Eurysos spricht nam-
lich gar nicht vom Konig, sondern vom Menschen im allgemeinen.

,,Sein Gehause hat er (der Mensch) mit den iibrigen Geschopfen (den
Tieren) gemeinsam insofern, als er aus dem gleichen Stoffe gefertigt ist.
Aber er (der Mensch) ist von dem hochsten Werkmeister geformt, der
ihn fertigend sich selbst zum Vorbild nahm."

Mit anderen Worten, Clemens von Alexandrien fiihrte das Zitat
aus Eurysos an als Bestatigung der Lehre vom Menschen als imago
Dei, eine Lehre, die - von Genesis 1, 27 ganz zu schweigen -
in einen vollig anderen Zusammenhang gehort, schon damals ihre
lange Geschichte hinter sich hatte und eine noch langere Geschichte
in kiinftigen Jahrhunderten entfalten sollte^®.

Es ware also Ekphantos gewesen, der anscheinend als erster den
Satz von der MenschenerschafTung im allgemeinen auf die der
Konigserschaffung im besonderen, ja in einem ausschlieBlichen

28 Delatte. 178 und 285.

2» Vgl. Delatte, 178ff., mit Material zur homo-imago- Dei-LehrCy von der
es iibrigens auch eine trinitarische Version gibt: homo qui ad imaginem
sanctae Trinitatis conditus est heiCt es z. B. in einer der vielen Antworten
auf Karls d. Gr. Rundfrage uber die Taufe (Migne, Patr. lat., XCVIII,
939 C). Fiir die Durchfiihrung dieser Lehre vgl. etwa Anastasius Sinaita,
Quacstio II (Migne, Gr., LXXXIX, 344 C), wo der Mensch als va6^
Ifjuj^uxo? Tou ^eou aufgefaBt wird, der den Vater, den Sohn als Hohe-
priester und das Pneuma als Feuer der Wahrheit in sich tragt. Die Aus-
legung ist wesentlich durch das pluralische ,,Wir" in Gen., 1, 26-27,
bestimmt worden, das schon Philo Schwierigkeiten bereitete, der jedoch
den Plural auf die bei der Schopfung des Menschen mittatigen Seuxepot
bezog; vgl. fiir die Stellen Harry A. Wolfson, Philo, Cambridge, Mass.,
1948, 1, 387, Anm. 18. Von christlicher Seite wurde dann der Plural auf
die Trinitat bezogen; vgl. etwa Athanasius, Contra Arianos Oratio I,
c. 18, bei Migne, P-Gr., XXVI, 49 A, odcr Gregor von Nyssa, De
hominis opificio, c. 6, bei Migne, P-Gr., XLIV, 140 BC; fiir weiteres
Material s. H. Pinard, „Cr6ation", Dictionnaire de th^ologie cathohquc,
III, 2111 ff., bes. 2118f., und fiir das ikonographische Problem Adelheid
Heimann, Trinitas creator mundi, Journal of the Warburg Institute, II,
1938-1939, 42fr.

Friedrich II. und das Konigsbild des Hellenismus

105

Sinne, iibertragen hatte 3®. Die Ahnlichkeit zwischen Vinea und
Ekphantos liefe demnach einzig darauf hinaus, daB beide die
homo-imago- Dei-\^Q\\Tt einseitig zu einer aufs auBerste gesteigerten
rex-imago- Dei-hthte. umgebogen batten. Durch dieses einfache
Mittel ware der Konig nunmehr als der einzige von Gott selbst
nach seinem Ebenbild Erschaffene hingestellt worden; und da dem
Konig ganz selbstverstiindlich die Aufgabe zufiel, seine Unter-
tanen sich selbst und dadurch Gott anzugleichen, so war er kraft
der (jLifxyjCTt,; zu einer Art Mittlerwesens erhoben, um somit als
„letzter der Gotter, aber erster der Menschen" zu wirken - Ge-
danken, die weder Ekphantos noch Vinea noch auch der papst-
lichen Staatslehre fremd waren und die auch, wiewohl in andercr
Brechung, in der /ex-animafa-Lthrt vorherrschen^^ All das wiirde

3" Es ware interessant, dem Oszillieren zwischen ,,Menschenerschaf-
fung" und ,, Konigserschaffung" im einzelnen nachzugehen. Die Ahn-
lichkeit des Menschen mit Gott (Gen., 1, 27) ist zu Zeiten fast gewohn-
heitsmiiOig dahin interprctiert worden, daC Gott und Mensch einander
durch die ^aotXEta angcglichen seien, ein Gedanke, der (von Philo und
Origenes zu schweigen) in groBartiger Weise zum Ausdruck gebracht
worden ist von Gregor von Nyssa, De hominis opificio, c. 4f., bei
Migne, PGr., XLIV, 136f., worauf mich freundlicherweise Professor
Werner Jager aufmerksam machte. Hier ist geradezu eine Theorie der
menschlichen Souveranitat, oder der Souveranitat des koniglichen
Menschen, formuliert worden; schwacher dann bei Theodoret, Quae-
stiones in Gencsim, c. XX. bei Migne, PGr., LXXX, 104ff., und bei
Anastasius Sinaita, Quacstiones, c. XXIV, bei Migne, PGr., LXXXIX,
541 ff. Vgl. zum Thema auch Johannes Hehn, „Zum Terminus ,Bild
Gottes*," Festschrift Eduard Sachau (ed. Gotthold Weil), Berlin, 1915,
36-52. Der Obergang von Adam zu Konig, und von Konig zu Adam,
fehlt denn auch nicht in Byzanz: etvexa 8e ^OLGikicoQ y.6cs\io<;, Sr^Xov co?
(TO, PaotXeO, tco x6ojjlco ^j^u/r;. 'ASdcfi. \ih o5v 6 TrptoTOi; yeyovox; xw xoa^co
^Myj^ xal (BaoiXeu? xtX. Vgl. Theodoros Hyrtakenos, bei Boissonade (s. u.
Anm. 34), I, 251. Hier wird also der Kaiser, wic Adam, zur Weltseele.

*^ Vgl. Kore kosmou, ed. Scott, I, 496, 12, eine haufig angefiihrte
Stelle, z. B. bei F. Boll, Aus der Ojfenbarungjohamiis, Leipzig-Berlin, 1914,
Anh. II („K6nige als Offenbarungstrager"), p. 137. Fur die papale
Theorie geniigt es hier, auf Innocenz III. hinzuweisen: inter Deum et
bominem constituti, Ep. VI, 86, Migne, Patr. lat., CCXV, 88 C, und die
beriihmte Stelle im Sermo de diversis, II, cbda., CCXVII, 658.

106

Ernst H. Kantorowicz

demnach in der Hauptsache besagen, daB der Konig in fast aus-
schlieBlichem MaBe die imago Dei gewesen sei. Es ist nur eine
auBerste tJberspitzung der sonst schon fast banal zu nennenden
und allgemeingultigen Anschauung des Mittelalters, der gemaB
der Konig zwar im besonderen, aber keineswegs cxklusiven Sinne
als imago Dei verehrt wurde.

Andererseits ist jedoch auch die Moglichkeit einer Kontinuitat
der Oberlieferung nicht von der Hand zu weisen. Es lieBen sich
wahrscheinlich sehr viele Stellen aus der byzantinischen Panegyrik
anfiihren, die in irgendeiner Form die Gedanken des Ekphantos
aufnehmen und weiterspinnen. Delatte hat eine Anzahl solcher
Falle zusammenstellen konnen, in denen des Ekphantos Lehre
wenigstens anklingt^s. ^jer sei, weil der zeitliche Abstand von
Vinea relativ gering ist, nur auf eine unbeachtete Parallele aus
der byzantinischen Hofrhetorik verwiesen. In einer anonym iiber-
lieferten Leichenrede auf den im Jahre 1180 verstorbenen Kaiser
Manuel Komnenos sagt ein Rhetor 3^:

„Weh mir, o Kaiser, Gebilde Du der Hande des besten Werkmeisters,
Gottes (TrXaa^a yzi<^^^ apiaxoTeyvou ^eou); Du beseeltes Gottbildnis
der Konigsherrschaft ((^aaLXeia? XP^^°^^ a«piSpu^a ?(x^|^uxov), das -
Glut des Herzensfeuers zwar, doch auch eine Hammcrung von Drangsal
und Muhen - auf dem gedrungenen AmboB der Standhaftigkeit von
dem Demiurgen weise und kunstrecht zu einer Stele der Tapferkeit
gefertigt {z\q avSpeta(; a-nf)Xr,v TTpoi; tou S7j[i.ioupyou CToqjtoc; 9tXoTe7V7;t*>fv)
und, wie auf einer Schaubiihne der koniglichen Warte, den Menschen
als Ur-Idee aufgerichtet worden ist (rrp^c; apxeTUTrlav dv^pwTTOK; . . .

Trotz aller Kiinstelei und durch alien Schwulst rhetorischer
Uberladenheit hindurch ist doch noch, obwohl gleichsam flach-
gedriickt durch das Gehammere des gottlichen Bildhauer-
Schmiedes, der urspriingliche Gedanke zu erkennen: der von des
gottlichen Aristotechniten Hand zum Bild, und damit den iibrigen
Menschen zum Vorbild, geformte Kaiser, ein lebendes Gold-
bildnis der Ur-Idee aller Konigsherrschaft oder, wie es ein Dichter

32 Delatte, 152ff.

^ W. Kegel, Pontes rerum byzantinarum, St. Petersburg, 1917, Ease.
2, p. 195, 7-12.

Friedridi II. und das Konigsbild des Hellenismus

107

des spaten 13. Jahrhunderts ausdriickt, ein ^(x^uxov tvSaXjia
^\iyj\c, 'vr\c PaaiXtxG)TaT7]g^. Der Leichenredner hat freilich die
Metapher des Ekphantos ihres metaphysischen Gehaltes nahezu
entledigt, indem er die imago Dei allzu dinglich als ein von Gott -
hier gewissermaBen einem beruBten Hephaistos gleichend - mit
Hammerschlagen gefertigtes Goldbild versteht. Aber dieser ding-
liche Bildcharakter des Konigs hat sehr viele Parallelen^^, hervor-
gerufen vielleicht durch die tatsachliche Bedeutung, die im Osten
dem Kaiserbild selbst noch in christlicher Zeit zukam^*.

3* So in dem Prokypsis-G(idi\chx. (Nr. 19) des Manuel Holobolos, bei
J. F. Boissonade, Anecdota Graeca, Paris, 1833, V, p. 181, 4; zur Datie-
rung (1295) vgl. A. Hcisenberg, Aus der Geschichte und Literatur der
Palaiologenzeit, Sitz. Ber. Miinchen, 1920, Abh. 10, 124 f. Andererseits
war natiirlich der Patriarch eine etxoiv t^toaa Xpiaxou xal I(jh];uxo<;; cf.
Peter Charanis, Coronation, Byzantion, XV, 1941, 53, Anm. 23.

*^ Ein paar Beispiele bei Delatte, Trait^s, pp. 154, 157, 180, die sich
aus spaterer Literatur leicht vermehren lieBen. Nikephoros Blemmides,
z. B., nennt seinen Kaiserspiegel geradezu PaotXixoi; dvSpiai; und ver-
langt, daB der gute Kaiser ein xavwv sei, strahlender als der vielbesungene
Kanon des Polyklet (c. 6); Migne, PGr., CLXII, 667 C, vgl. 633 B.
Oder Theodorus Hyrtakenos, der mit Bezug auf den Kaiser sagt: eupev
'AvSpta t6v 2(jl4^uxov eaurr]:; dcvSptavxa (Boissonade, Anecd. gr., I, 262).
Andererseits findet sich in den liturgischen Biichern der Ostkirche
iiberraschend haufig der Ausdruck „Statue" oder ,, Stele", wo der
Westen bestimmt nur ,,Bild" gebrauchen wurde: qxt^i\ gfju^/uxo? xai
2(jL7rvou(; elxcov heiBt es beispielsweise in einem Stichos fiir St. Ignatius
{Menaia, editio Romana, 1888ff., Ill, 416, zum 29. Januar). Fur den
Gebrauch von i\L^^JX'^c, (s. auch oben, Anm. 29) bieten die ostlichen
liturgischen Biicher gleichfalls eine vollig unausgeschopfte Quelle, die
auch zur Lehre von der lex animata sowie zu deren Verstandnis noch
manches beitragen konnte. Ubrigens sei auch daran erinnert, daI5 in der
theurgischen Praxis die Bclebung von Gotterstatuetten etwas ganz
iibliches war: man machte das (ityaXfxa des Gottes gtx<j;uxov; vgl.
E. R. Dodds, The Theurgy, Journal of Roman Studies, XXXVII,
1947, 62ff. Der gleichsam magische Charakter der Empsychie, im
Osten soviel starker entwickeit als im Westen, wiirde eine Untersuchung
lohnen.

" Helmut Kruse, Studien zur offiziellen Geltung des Kaiserbildes im
romischen Reich, Paderborn, 1934; Treitinger, 204 ff., s. auch Sirarpic

108

Ernst H. Kantorowicz

Angesichts der Byzanznahe des staufischen GroBhofes ware es
durchaus statthaft, wenigstens die Moglichkeit offenzulassen,
daB traditionelles Gedankengut der hellenistischen Konigsspiegel
in byzantinischer Brechung auf Vinea und die Capuaner Rhetoren-
schule hiniibergewirkt hat, selbst wenn sich eine bestimmte Quelle
nicht mehr so eindeutig feststellen laBt wie etwa im Falle der Lehre
von der lex animata^'^. Und die Frage der Oberlieferung laBt sich
auch nur allgemein, aber kaum eindeutig losen in bezug auf einen
anderen juristischen Begriflf.

Der Nersessian, Une apologie dcs images au septi^me siecle, Byzantion,
XVII, 1944-45, 60ff., und wohl aus dem gleichen Jahrhundert, oder
wenig fruher, eine koptische Predigt, in der sehr anschaulich die Auf-
stellung und das Asylrecht des Kaiserbildes beschrieben wird, freilich
nur, um die Superioritat eines Muttergottesbildes darzutun; cf. William
H. Worrell, The Coptic Manuscripts in the Freer Collection (University
of Michigan Studies, Humanistic Series, X), New York, 1923, p. 375.
Max Bachmann, Die Rede des Johannes Syropulos an den Kaiser
Isaak II. Angelos (1185-1195), Diss. Munchen, 1935, p. 32 (zu p. 16,
32), denkt bei den Wortcn aYY^^"-^*^ elxovoptopcpat an die Ikonen des
Angelos, durch die, da iiberall aufgestellt, das Reich quasi mit „Engeln"
angefiillt und in einen Himmel auf Erden verwandelt sei.

" Ahnliches gilt auch von der Lehre der Erschaffung der Konigs-
seelen, die bei Friedrich II. und dem dynastisierten 13. Jahrhundert eine
gewisse Rolle spielt; vgl. etwa den Brief (wohl Stiliibung) an Conrad IV.
bei Huillard-Br6holles, Hist, diplom. Friderici Secundi, Paris, 1852ff.,
V, 275, fiir die infusio subtilis et nobilis animae bei Konigen. Man
denke auch an Pierre Dubois. Einfacher zu erklaren ist das Fortleben
eines anderen Axioms des dynastischen Gedankens. CIL, III, 710 (Dio-
cletian und Maximian): diis geniti et deorum creatores; ahnlichschon vorher
bei Seneca, Consolatio ad Marcum, XV, 1 : Caesares qui dis geniti deosque
genituri dicuntur (vgl. F. Cumont, Textes et monuments relatifs aux
mysteres de Mithra, Briissel, 1899, I, 291, n. 5), wozu die christlichc
Version unter Philipp IV. von Frankreich ganz folgerichtig lautet:
sancti reges Francorum . . . cum generent sanctos reges; vgl. Dom Jean I.eclercq,
Un sermon prononc^ pendant la guerre de Flandre sous Philippe le Bel,
Revue du moyen age latin, I, 1945, 170; auch meinen Aufsatz Pro patria
mori in Mediaeval Thought, Amer. Hist. Rev., LVI, 1951, 483. Die
Quelle diirfte in diesem Falle Vergil sein; Aencis, IX, 642: dis genite et
genitttre deos.

Friedridi II. und das Konigsbild des Hellenismus

109

Die Paragraphen I, 16-19 des „Liber augustalis", der groBen
Konstitutionen-Sammlung, die Friedrich II. 1231 in Melfi fiir sein
siiditalisches Konigreich veroffentlicht hat, und zwar gleichzeitig
in lateinischer wie in griechischer Sprache, haben schon den Zeit-
genossen ein gewisses Erstaunen abgenotigt. Der Kaiser spricht
hier von einer seltsamen Einrichtung zum Schutze des individuel-
len Besitzes wie dem des Individuums und seiner Angehorigen
gegen Gewalt durch das Rechtsmittel der privaten defensa^^. Die
defensa ist ein Friedegebot, das nicht einBeamter, sondern jegliche |
Privatperson einem Angreifer von Besitz oder Personen auf-
erlegen kann, indem er den Kaiser anruft - per invocationem nostri
(sc. imperatoris) nominis^^. Der unrechtmaBig Angegriffene suchte
sich also zu schiitzen durch Anrufung des Kaisernamens, wobei
die Formel lautete: ex parte imperatoris defendo, oder auch: prohibeo
te ex parte regis (imperatoris) quod me offendere non praesumas. Darauf-
hin gait der Angriff, wenn er dennoch erfolgte, gleichsam als ein
Angriff auf die Person des Kaisers selbst, und der Fall wurde dem-
gemaB, unter AusschluB aller Lokalgerichtsbarkeit, direkt vor das
Hofgericht gezogen. Die defensa diente unter anderem auch dazu,
die konigliche Gerichtsbarkeit gegeniiber den lokalen Gewalten
auszudehnen***.

tjber die Herkunft dieser Einrichtung ist bisher keine Einigkeit
erzielt worden. DaB die Paragraphen unter Friedrich II. formuliert

^* Huillard-Br^holles, Hist, dipl., IV, pp. 17ff. ; der Glossc wegen
benutze ich die Cervoni-Ausgabe: Constitutionum regni Siciliarum
libri III . . . sumptibus Antonii Cervonii, Neapel, 1773, pp. 35 ff. und
fiir den griechischen Text die Ausgabe von C. Carcani, Neapel, 1786.

'* Liber aug., I, 16. Die Literatur ist angeftihrt bei Hans Niese, Die
Gesctzgebung der normannischen Dynastie im Regnum Siciliae, Halle,
1910, p. 32, n. 4. Neuere Arbeiten sind mir nicht bekanntgeworden,
doch schlieBt das deren Existenz nicht aus.

*** Fiir die erste Formel vgl. Niese, 34, n. 3, auf Grund des Chron.
Casaur. (untcn, Anm. 42), wo allerdings veto, nicht defendo steht; fiir
die zweite Formel vgl. Andreas v. Isernia, Cervoni-Ausgabe des Lib.
aug., p. 35. Federico Ciccaglione, Manuale di storia del diritto italiano,
Mailand (ohne Jahr), II, 163f., § 589, der im iibrigen byzantinische
Herkunft vermutet, betont die Ausdehnung der kaiserlichen Gerichts-
barkeit gegeniiber den lokalen Gewalten.

no

Ernst H. Kantorowicz

worden sind und erst 1231 ihre endgiiltigc Fassung crhielten,
steht wohl fest. Ebensowenig kann aber bezwcifclt werden, daB
die defensa schon unter den Normannen bestanden hat. Ein Doku-
ment vom Jahre 1227 zeigt, daB noch vier Jahre vor der Gesetz-
gebung von Melfi nicht nur der Herrschcr, sondern auch der
zustandige Erzbischof oder ein Lokalbeamter angerufen werden
konnten*^ Aus normannischer Zeit ist ein Fall aus dem Jahre
1163 bekanntgeworden, der in der Chronik der Abtei Casauria
uberliefert ist^^^ Weiter habcn einzelne Gelehrte versucht, durch
ein Zuriickdatieren des Stadtrechts von Trani ins elfte Jahrhun-
dert die defensa noch friiher anzusetzen^^. Anderc haben daran
gedacht, die Institution aus dem normannischen Recht herzuleiten
und sie mit dem Haro-Kui in Verbindung zu bringen. Haro ist
jedoch, wie das cnglische hue and cry oder das hochdcutsche ^eter
lediglich ein „Geruft", das juristisch als ein Beweismittel der hand-
haften Tat diente, und dieser //jr<?-Ruf, der freilich zunachst ein
Alarmgeschrei war, hatte im 13. Jahrhundert nichts zu tun mit
einem privaten Selbstschutz per invocationem no minis regis ^*.

" C. A. Garufi, „La defensa ex parte domini imperatoris" in un
documento privato del 1227-28, Rivistaitaliana perlescienzegiuridiche,
XXVII, 1899, 190ff. Leider ist mir die Zeitschrift, die einen groBen Tell
der italienischen Arbciten liber die defensa enthalt (vgl. Niese, p. 33),
gegenwartig nicht zuganglich. Ich kenne die Arbeit Garufis nur aus der
Besprechung im Archivio storico siciliano, scr. II, vol. XXIV, 1899, 344.

*2 Chronicon Casauriense, bei Muratori, Scriptores II, 1009, einc
Urkunde, auf die erstmals Niese, p. 34, fur die „defensa" aufmerksam
gemacht hat.

" Cipolla, Un dubbio sulla data degli „Ordinamenti" tranesi, Rendi-
conti dei Lincei, ser. V, vol. V, 1896, 267 if., der die „Ordinamenti** von
Trani nicht 1063, sondern 1363 datiert ; vgl. hierzu auch L. S. Villanueva,
in Arch. stor. sicil., ser. II, vol. XXI, 1896, 403. Die „defensa" wird in
Trani, wie ubrigens auch anderwarts in spaterer Zeit, auferlegt da la
parte de la mia signoria.

** Ober den Haro-K\xi vgl. Niese, 33, n. 4, und seine Kritik an
E. Glasson, £tude historique sur la clameur de Haro, Nouvelle revue
historique de droit fran9ais et Stranger, VI, 1882, 397 ff., 517 ff. Fur die
germanische Institution des Geriiftes vgl. jetzt L.L. Hammerich, Clamor
(Kgl. Danske Videnskabernes Selskab, XXIX: 1), Kopenhagen, 1941.

Friedridi II. und das Konigsbild des Hellenismus

111

Was Friedrich II. bezweckte, als er 1231 fiir das ganze Konig-
reich einheitlich die Anrufung des Herrschernamens bei Auf-
erlegung der defensa anordnete, sagt das Gesetzbuch selbst ganz
deutlich; es war, neben vielem anderen, eine Manifestation der
zumindest potentiellen Allgegenwart des Kaisers : et sic nos etiam
qui prohibente individuitate personae ubique praesentialiter esse non possu-
muSy ubique potentialiter adesse credamur^^. Der Glossator Andreas
von Isernia, der unter den ersten Anjous schrieb, bemerkte hierzu
sehr richtig ; Juxta illud: An nescis longas regibus esse manus ?**. Un-
gehorsam gegeniiber einer auferlegten defensa war daher auch
gleichbedeutend mit einer Verachtung des kaiserlichen Namens,
so daB das Gesetzbuch die Erwartung aussprechen konnte, daB
selbst bei falschlich gebotener defensa der zu Unrecht Betroffene
zunachst gehorche und sogar sein gutes Recht fiir den Augenblick
preisgebe ob reverentiam culminis nostri^"^ . |

Das sind Anschauungen, die von einem einfachen Geriift weit
entfernt sind. Hingegen ist die Idee der potentiellen Allgegenwart
des Kaisers um so naher verwandt der antiken, zumal spatantiken
Vorstellung von der Allgegenwart der KAiscr-numina^^. So ist denn

" Liber aug., I, 17 (gegen Ende); Huillard-Br^holles, IV, p. 20.

*• Cervoni-Ausgabe, p. 41, Glosse zu ubique potentialiter.

*' Liber aug., I, 19.

*' CI. Mamertinus, paneg. genethl. Maximiano, c. 14, p. 113, 9
Baehrens: ,,ubicumque sitis, in unum licet palatium concesseritis^ divinitatem
vestram ubique versari^ omnes terras omniaque maria plena esse vestri. Quid
enim mirum si, cum possit hie mundus lovis esse plenus, possit et Herculis (i, e.
Alaximiani ) ? Cf. Leo Berlinger, Beitrage zur inoffiziellen Titulatur der
romischen Kaiser, Diss. Breslau, 1935, 65 (auch 62, Anm. 220). Fiir die
„virtuelle Omniprasenz" des byzantinischen Kaisers vgl. Franz Dolger,
Die Kaiserurkunde der Byzantiner als Ausdruck ihrer politischen An-
schauungen, Historische Zeitschrift, CLIX, 1939, 235, Anm. 2. Der
Absolutismus legalisiert spater die Omniprasenz des Konigs. Vgl. z. B.
Sir William Blackstone, Commentaries on the Laws of England, p. *270
(alle Ausgaben habcn die gleiche Paginierung) : "A consequence of (t)his
prerogative is the legal ubiquity of the king. His majesty in the eye of the
law is always present in [all his courts ... It is the regal office, and not
the royal person, that is always present in] court, always ready to under-
take prosecutions, or pronounce judgment for the benefit and protection

112

Ernst H. Kantorowicz

auch die bisher einzige einwandfreie Parallele zu der sizilischen
Kaiserinvokation bei einem romischen Schriftsteller der Zeit Mark
Aurels gefunden worden^®. In den Metamorphosen des Apuleius
(III, 29) wird erzahlt, wie der unselige, in einen Esel verwandelte
Lucius sich gegen seine Peiniger und ihre Schlage zu schiitzen
suchte. Er beschloB ad auxilium civile decurrere et interposito venerabili
principis nomine tot aerumnis me liherare. Er entschloB sich also dafiir,
zwischen sich und seine Peiniger den Namen des Kaisers zu „inter-
ponieren**. In einem thessalischen Marktort angelangt, will er in
dem Menschengewimmel der Griechen genuino sermone^ also doch
wohl in seiner eignen angeborenen Sprache, den Namen des Kai-
sers anrufen (nomen augustum Caesaris invocare temptavi). Aber
Lucius konnte natiirlich nur in ein Eselsgebriill ausbrechen,
reliquum autem Caesaris nomen enuntiare non potui. DaB sein unmelo-
disches Briillen die Peiniger nur dazu herausforderte, mit ihren
Lederriemen um so kraftiger auf den Esel einzuschlagen, hat mit
der Sache selbst nichts mehr zu tun, da ja die Eselstreiber nicht
wissen konnten, dafi sie sich damit beinahe einer Verachtung des
Kaisernamens schuldig gemacht hatten.

Die Stelle zeigt ganz deutlich, daB im 2. Jahrhundert, als Apu-
leius, der Isisglaubige aus dem numidischen Madaura, seine Meta-
morphosen schrieb, eine der sizilischen defensa durchaus wesens-
verwandte Einrichtung bestand und dem Dichter - sei es aus

of the subject." Das ist genau die gleiche Anschauung, die der „Liber
augustalis" durch die Antithese praesentialiter - potentialiter zum Aus-
druck bringt.

*• Francesco Schupfer, La ,, defensa" e rasino di Apuleio, Riv. ital.
per le scienze giurid., XXI, 1896, 422fr.; ibid., XXX, 1905, 185; Villa-
nueva, in Arch. stor. sicil., ser. II, vol. XXI, 1896, 402ff. ; auch Nino
Tamassia, Nuovi studi suUa ,, defensa", und Ancora suUa ,, defensa",
Atti del R. Istituto Veneto, LX, 1900-1901, 343ff. und 685ff., wo jedoch
die preces fiir den Kaiser oder an ihn verwechselt werden mit der recht-
lichen invocatio des Kaisernamens. Es sei iibrigens bemerkt, daB in
Apuleius' Vorbild, Lukian, Asinus, c. 16 (584), es einfach heiBt iuzi ^i
TToXXaxK; "w Katoap" avapo^aat iTre^jxouv was eher nach einem Seuf-
zer klingt als nach einem rcchtlichen ,,Interponieren" (s. unten) des
Kaisernamens.

Friedridi II. und das Konigsbild des Hellenismus

113

Thessalien oder aus Numidien oder viclleicht nur aus Gebriiuchen
der Kulte - bekannt war, namlich sich durch die Anrufung des
Kaiser-Namens, und damit des Kaiser-Numens, gegen Angriffe
zu schiitzen. Auffallend ist es nur, daB sonst im romischen Bereich
so wenig von dieser Einrichtung bekannt ist. Denn daB Graber
und andere Stiitten und Stiftungen unter den Schutz des Kaisers
gestellt werden, hat mit dem durch Kaiserinvokation zu erreichen-
den momentanen Rechtsschutz nichts gemeinsam.

Woran jene Invokation viel eher erinnert, ist vielleicht das
Asylrecht der Kaiserstatuen und der Schutz, der dem zukommt,
der ein Kaiserbild beriihrt. In diesem Falle wird zwar nicht der
Name des Kaisers, wohl aber das Bikinis des Kaisers „inter-
poniert", und es ist bekannt, daB dieses Bildnis-Asylrecht zu dem
unstatthaften MiBbrauch gefuhrt hat, nun einfach stets eine Munze
bei sich zu tragen, um somit jeden Augenblick das Munzbild des
Kaisers „interponieren" zu konnen oder es wie ein Amulett dem
Verfolger vorzuhalten^. Der Unterschied zwischen der defensa
und dem ad statuas confugere ist natiirlich der, daB im ersten Fall
der unschuldig Angegriffene den Namen des Kaisers interponiert,
wahrend im Falle des Statuen-Asyls der schuldig Verfolgte sich
durch Flucht zur Kaiserstatue den Haschern entzieht. Gemeinsam
ist jedoch die Stellvertrctung des Kaisers durch | Namen oder
Bild. Nun ist das Asylwesen in Rom, wenn auch verklart durch
das legendare Asylrecht des Romulus, erst im Jahre 42 v. Chr.
eingefuhrt worden, wahrend es in Agypten schon zur Ptolemaer-
zeit bestand ^^ SoUte dies vielleicht zum Verstandnis beitragen
dafur, daB auch der Namensanruf, wie ihn Apuleius beschreibt,
sich auf den Branch im ptolemaischen Agypten zuriickfiihren
laBt?

Die einschliigigen Stellen hat Wilhelm Schubart aus den Papyri zu-
sammengetragen und besprochen, und es kann hier nur das von ihm

*° L. Wenger, Asylrecht, in Reallexikon fiir Antike und Christentum,
I: 6, 1943, 836ff.; Mommsen, Strafrecht, 458ff.; cf. Dig., 47, 10, 38: ne
quis imaginem imperatoris in invidiam alterius portaret,

*^ Friedrich von Woess, Das Asylwesen Agyptens in der Ptolemaer-
zeit und die spatere Entwicklung (Miinchener Beitrage zur Papyrus-
forschung, V), Munchen, 1923, bes. p. 108, 210; s. oben Anm. 36.

114

Ernst H. Kantorowicz

Gesagte wiederholt werden^^. Ein Tebtunis-Papyrus des 2. Jahr-
hunderts v. Chr. meldet, daB in einem Dorf ein Mann im Bade iiber-
fallen worden sei. In seiner Beschwerde iiber den Vorfall bekundet
der Betroffene, daB, „als der um mich beschaftigte Diener den
Konig um Hilfe rief, mehrere Leute herbeikamen*'^^. DaB der
Konig selbst gerade in der Nahe des dorflichen Badehauses geweilt
babe, ist mehr denn unwahrscheinlich. Gemeint ist, daB der Junge
den Konigsnamen ausstieB, woraufhin die Leute zu Hilfe eilten.
Ahnlich heiBt es bei einer anderen Gelegenheit: „Als ich zum
Konig rief mir beizustehen, horten mich einige von den anderen
und eilten herbei^'*." Wenn ferner die Tempelsklaven der Bubastis
an den machtigen Finanzbeamten Zenon schreiben, es hatte sich
eine Anrufung des Konigs eriibrigt, da ja er, Zenon, gegenwartig
sei^^ so entsprache das etwa der Anrufung der Lokalgewaltigen
des vorfriderizianischen Rechts in Sizilien.

Es ist natiirlich richtig, daB in diesen Fallen der Konigsnamen
auch als Alarmgeschrei diente, um Hilfe herbeizurufen. Aber es
ist doch auBerordentlich bezeichnend, daB man, um Larm zu
schlagen, eben nicht „zeterte", sondern den Namen des Konigs
anrief, also etwa schrie [^aatXeu (ioYjO^ei, so wie man spater ge-
rufen hatte XpicrTe poYj^et. Es bleibt ferner bestehen, daB man
den Konigsnamen anrief, wenn ein Angriff, eine MiBhandlung
oder ein sonstiger Rechtsbruch drohte oder stattfand, und in
dieser Beziehung stimmt dann der Brauch in Agypten durchaus
iiberein mit dem bei Apuleius beschriebenen Verfahren: der Name
des Ptolemaerkonigs wurde wie der des Kaisers „interponiert",
geradeso wie spater der Name Christi oder Gottes gleichsam
interponiert wurde. Die Rechtsbedeutung dessen hat Schubart
sicher richtig umschrieben, wenn er sagt, daB dutch die Anrufung

*^ W. Schubart, Das hellenistische Konigsideal, Arch. f. Papyrus-
forschung, XII, 1936, 16.

" Tebt. Ill, 798, ed. Hunt und Smyly, The Tebtunis Papyri, III,
1933, 251 f.: rou TratSaptou ,8o7)aavTo<; t6v ^aaiX^a, was die Herausgeber
iibersetzen : "Having shouted for help in the king's name.*'

" Berliner Griechische Urkunden, III, 1007.

" Cairo P. Zenon, 59451, ed. C. C. Edgar, Zenon Papyri, III, Cairo,
1928, p. 175.

Friedridi II. und das Konigsbild des Hellenismus

115

des Konigs die Tat „offentlich" wurde und damit zur Hilfeleistung
verpflichtete. Daneben hat jedoch die Invokation des Herrscher-
namens auch etwas Soteriologisches. Der Herrscher ist aXe^txaxo?.
Dutch seine Allgegenwart ist er nahe, auch wenn er leiblich fern
ist. Sein Zorn erreicht den Missetater, und „am Zorne des Konigs
stirbt man"^®.

Es ist wohl kaum zu bezweifeln, daB die Papyri und Apuleius
die gleiche Rechtsanschauung wiedergeben. Dies scheint weniger
wahrscheinlich hinsichtlich der exporjai^ oder xaTap6r^(Ti<;, die,
gleichfalls in ptolemaischen Papyri nachweisbar, dann im byzan-
tinischen Recht eine gewisse Rolle spielte und schlieBlich in dem
weitverbreiteten N6(jlo^ yecopytxoj; (vermutlich 7. Jahrhundert)
einen Niederschlag fand^'. Das Verfahren ist nach den | wenigen

*« Die Stellen bei Cumont, L'Egypte des astrologues, Briissel, 1937,
212, Anm. 1.

^' Cf. Louis Br^hier, L'ekboesis dans le droit populaire k Byzance,
Miscellanea Guillaume de Jerphanion (Orientalia Christiana Periodica,
XIII), Rom, 1947, 33 ff.; Henri Grdgoire, Miettes d'histoire byzantine,
Anatolian Studies for Sir William Mitchell Ramsay, 1923, 157f.; fiir die
Datierung des Agrargesetzes, vgl. Georg Ostrogorsky, Geschichte des
byzantinischen Staates, Miinchen, 1940, 54, Anm. 1.

Hierher gehoren, wie mir scheint, auch einige der von Schubart, p. 16,
angefuhrten Papyri. Berliner Griechische Urkunden, VIII, 1762, 3f.
(W. Schubart und D. Schafer, Spatptolemaische Papyri, Berlin, 1933,
40), z. B., spricht davon, daB ,,am folgenden Tage noch viel mehr
Menschen zum Tore des . . . kamen und die Hilfe der Koniginnen und
Truppen anriefen (xai ^Tre^ocovTO t(x<; pacnXtaoag xal Suva[xet.(;)". Die
Leute verlangtcn die Entfernung eines Missetaters und seiner Genossen
aus dem Gau. Darauf kam der Stratege aus Alexandrien, vertrostete die
Leute und versprach, der Regierung zu berichten. Hier handelt es sich
jedoch nicht, wie bei dem Oberfall im Bade, um die Abwehr einer immi-
ncnten Gefahr, sondern darum, den Willen der Bewohner durchzusetzen
dutch einen ,,Appeir' an die - selbstverstandlich nicht anwesenden -
Koniginnen (des Jahres 58 v. Chr.) und die Truppen, d. h., wie die
Herausgeber erklaren, an die ,,K6nigsmacht als Ganzes". Der Fall ist
viel ahnlicher der von Gr^goire mitgeteilten ephesischen Inschrift
V. J. 441 n. Chr. als etwa der Apuleius-Stelle. Das gleiche scheint mir
der Fall zu sein bei PSI VI, 551, (Pubblicazioni della Society Italiana

116

Ernst H. Kantorowicz

Andeutungen des Agrargesetzes nicht deutlich zu rekonstruieren,
doch handelt es sich darum, daB man, vorwiegend bei Besitz-
storung, das „Geschrei" erhob, das heiBt: bei den lokalen Beam-
ten (im Jahre 441 war es der Proconsul der Provinz Asia) „Ein-
spruch" Oder Klage erhob ^s. DaB dieser Einspruch mit Berufung
auf den Herrscher erfolgte, ist wohl fur Agypten, doch nicht fur
Byzanz bezeugt, und nur die Tatsache, daB anscheinend das Delikt
der Besitzstorung dabei im Vordergrund stand, lieBe vielleicht an
einen Zusammenhang mit der defensa des sizilischen Gesetz-
buches denken**®.

Der Glossator der sizilischen Konstitutionen, Andreas von
Isernia, erklart mehrmals, daB das ius defensae ein ius novum dar-
stelle«o. Das ist so nicht richtig, da die defensa unter Anrufung des
Konigs Oder einer Lokalgewalt schon vor 1231 bestand. Vielleicht
beschrankte sich die Neuerung Friedrichs II. einfach darauf, daB
er die defensa aus dem Lokalbereich endgiiltig herausgelost hat,
um fur das ganze Konigreich die Auferlegung der defensa durch
Anruf des Kaisernamens vorzuschreiben. Das Delikt wurde damit
unweigerlich - gleichsam als ein placitum coronae - vor das Hof-
gericht gezogen. Es ist dabei gar nicht unmoglich, daB Friedrichs
„Neuerung" direkt auf Apuleius zuruckging, wenigstens in der
Formulierung : nomen augustum Caesaris invocare bei Apuleius klingt

per la ricerca dei Papiri greci e latini, ed. G. Vitelli, M. Norsa etc.,
Florenz, 1920, VI, p. 2), vom Jahre 272/1 v. Chr., wo, wie auch Schu-
bart annimmt, der Konig wohl anwesend war, als man an ihn appcl-
lierte; vielleicht auch im P. Cairo Zenon, 59520, p. 233, bei dem der
Sachverhalt Schubart als zweifelhaft erschien. Ich wurde denken, daB
es sich um die von Br6hier beschriebene xaxaPoTjaK; handelt, eine An-
klage also oder ein Einspruch. Doch muB ich die Entscheidung Be-
rufeneren uberlassen, da ich mich in den schwierigen Rechtsproblemcn
Agyptens nicht auskenne.

" Gr^goire, a. a. O. VC'alter Ashburner, The Farmers' Law, Journal
of Hellenic Studies, XXXII, 1912, pp. 90 und 94f., ubersetzt die ein-
schlagigen Stellen (§§ 32 und 81) demgemaB auch mit complain.

*» Oben, Anm. 57, bezuglich Agyptens.

«» Liber aug. ; Cervoni, pp. 35 und 38; siehe auch meinen Ereanzungs-
band, 95.

Friedridi IL und das Konigsbild des Hell

enismus

117

an die zweimahg wiederholte invocatio nostri nominis im Gesetzbuch
doch so stark an, daB eine Abhangigkeit glaubhaft erscheint. Mit
Apuleius war man damals durchaus vertraut. Johann von SaHsbury
hat ihn vielfach benutzt«i. Eine Handschrift der Metamorphosen
in bcneventanischer Schrift laBt sich im 12. Jahrhundert in Monte
Cassino, also im sizilischen Konigreich, nachweisen®^. Es liegt
kein Grund vor zu vermuten, daB den „Apuliern" Apuleius
unbekannt gewesen und ihnen die Bedeutung des Kaiseranrufs
entgangen sein sollte.

Trifft diese Annahme zu, so hatte Friedrich II. durch die Ver-
mittlung des Apuleius de facto gar nicht romischen, sondern helle-
nistischen oder ptolemaischenBrauch wiederhergestellt. Dies wiirde
allerdings nur fur die Invokation des Kaisernamens gelten, denn
dem Rechtsmittel der defensa selbst mogen andere Rechtsanschau-
ungen zugrunde liegen.

Eine dritte kleine Beobachtung sei hier abschlieBend angefugt,
deren Auswertung, wenn sie uberhaupt Wert hat, anderen iiber-
lassen bleiben mag. Es handelt sich um ein Gedicht, das den Ein-
zug Friedrichs II. in Jerusalem, am 17. Marz 1229, verherrlicht.

Aus den Casus Sancti Galli hat jiingst Walter Bulst die Bezeich-
nung susceptacula regum zutage gefordert und damit hochst dankens-
werterweise den terminus technicus wieder eingefiihrt fiir eine
Gattung von Liedern, die zum feierlichen Empfang eines Herr-
schers, eben ad regem suscipiendum, gedichtet und vorgetragen
wurden»3. Solche Gedichte fur den Adventus oder die Epiphanie
eines Herrschers, oder auch Bischofs, sindiiberaus zahl|reich aus
spat- und nachkarolingischer Zeit iiberliefert. Spater treten sie
zuruck und werden seltener, vielleicht weil dann die strengeren

•^ Vgl. die Ausgabe des „Policraticus" von Clemens C. I. Webb,
Oxford, 1919, I, p. xxxiv, wo allerdings nicht die Metamorphosen
bcnutzt sind.

*2 Cf. E. A. Lowe, The Beneventan Script, Oxford, 1914, p. 12; die
beiden beriihmten Apuleius-Hss. der Laurentiana in beneventanischer
Schrift sind doch wohl von Monte Cassino.

*3 Walther Bulst, Susceptacula regum. Corona Quernea: Festgabe
Karl Strecker, Leipzig, 1941, 97 ff.

118

Ernst H. Kantorowicz

Formen des Hturgischen Empfangs fur die frcieren literarischen
Erzeugnisse wenig Spielraum mehr lieBcn. Erst im Spatmittelalter
tritt die Adventus-Dichtung wieder sehr stark hervor, und zwar
gab dann, ahnlich wie in der Musik^^ die Liturgie selbst durch
Lockerung oder gar Zerfali ihrer Strenge den Stoff her fur die so
beliebten tableaux, die - bcreichert noch urn renaissancehaft
klassizistische Motive - den nunmehr auch staatsrechtlich wichtig
gewordenen Einzug, die entree joyeuse eines Fiirsten verherr-
lichten®^

In Byzanz ist der Verlauf ein etwas anderer gewesen. Aus einer
sehr reichen Tradition schopfend hat die Epiphanie-Dichtung
und -Rhetorik stets und zu alien Zeiten ihren festen Platz im
Kaiserzeremoniell behalten. Dabei gait diese zeremonielle Dich-
tung und Redekunst nicht nur dem Empfang und Einzug selbst,
wenn der Kaiser siegreich oder nach langerer Abwesenheit wieder
in seine Hauptstadt zuruckkehrte, sondern sie war uncrlaBliches
Beiwerk bei jeder „Epiphanie" des Kaisers, jedem offiziellen
Erscheinen in feierlicher Form. Oberhaupt ist ja im Osten ganz
ahnlich wie in der Antike die Idee der Epiphanie, die immer zu-
gleich eine Manifestation des Gottlichen einschloB, im Kult wie
im Leben von unendlich groBerer Bedeutung gewesen als im
Westen. Das trifft zu fur die Hturgischen Handlungen der Kirche
- man denke etwa an die Kronung von Taufling oder Brautpaar -,
aber auch fur die Liturgie des Hofes. Hierhin gehorte dann auch
jene Zurschaustellung des Kaisers an bestimmten Kirchenfesten

" Vgl. Manfred F. Bukofzcr, Studies in xMedieval and Renaissance
Music, New York, 1950, besonders 217ff. ubcr den Ursprung der spat-
mittchlterlichen MeB-Zyklen aus dem Brockein der Liturgie.

" Vgl. Kantorowicz, The King's Advent and the Enigmatic Panels
in the Doors of Santa Sabina, Art Bulletin, XXVI, 1944, 210, Anm. 20.
P. E. Schramm, Der Konig von Frankreich, Weimar, 1939, I, 204, mit
Anm. 5. Das Material uber die spatmittelalterlichen entrees ist zwar
unendlich, dennoch wurde es sich lohnen, das neue staatsrcchtliche
Element herauszuarbeiten, durch das das liturgische Element des friihen
Mittelalters vollig verdeckt wird - ein Beitrag zu dem sehr viel weitcren
Thema „Vom hturgischen Konigtum zum Rechtskonigtum von Gottes
Gnaden".

Friedridi II. und das Konigsbild des Hell

enismus

119

(Weihnachten und Epiphanien) und an bestimmten Hoffesten
(Kronung und Hochzeit), wenn sich der Basileus auf einer mit
Stoffen und Teppichen reich verkleideten Estrade, genannt Pro-
kypsis, dem Volke zeigte. Das Zeremoniell verlangte dabei, daB
die Vorhange, die zunachst den Kaiser verhullten, im gegebenen
Augenblick und nach vorbereitendem Ruflied - richtigen xXyjTixa -
plotzlich zuruckgezogen wurden, um, den Bhck auf den Kaiser
freigebend, gleichsam seine, und zugleich die gottliche, Epiphanie
zu symbolisieren. Bei dieser Schaustellung traten dann Poeten
und Rhetoren in ihre Rechte, die in mehr oder minder festgeprag-
ten Formen dieses hochst artifizielle „Erscheinen" des Kaisers
feierten®®.

Von den karolingischen susceptacula wie von den byzantinischen
Epiphaniegedichten unterscheidet sich das Gedicht auf Fried-
rich II. insofern, als es nicht eigentlich zur Empfangs- oder Er-
scheinungsfeier selbst gedichtet worden ist, sondern nur des
Kaisers Adventus, seinen Einzug in Jerusalem, beschreibt. Dies
geschieht allerdings in einer Weise, die dem sonst fur Empfange
und Einziige iibhchen Ideengehalt vollig gleichkommt. DaB der
Dichter, ein Passauer Kanoniker namens Marquard von Ried,
selbst im Heiligen Land anwesend und somit Augenzeuge war,
als Friedrich II. in Jerusalem einzog, ware an sich moglich gewe-
sen. Bezeugt ist das nicht, und die Inserierung des Gedichtes in
die im Wiener Schottenkloster entstandene Fortsetzung der
Klosterneuburger Annalen weist nur auf die gleichen Be|zirke im
Siidosten des Reiches hin, in denen Marquard, um 1240 Propst
von Matsee im Salzburgischen, auch sonst zu suchen ist«^ Aus
dem relativ umfangreichen Gedicht seien hier zwei Versgruppen
angefuhrt, die fiir den Adventus augusti bezeichnend sind*®.

•• Ich gehe auf die Einzelheiten hier nicht ein, die ich in anderem
Zusammenhang besprechen werde; vgl. die klassische Darstellung der
prokypsis von August Heisenberg, Aus der Geschichte und Literatur
der Palaiologenzeit, Sitz.-Ber. Munchen, 1920, Abh. 10, bcs. 85 ff.

•' Ober Marquard von Ried, E. Winkelmann, Jahrbiicher der deut-
schen Geschichte: Kaiser Friedrich II., Leipzig, 1897, II, p. 78, Anm. 3f.

•• Continuatio Scotorum, MGH. SS., IX, p. 625.

120 Ernst H. Kantorowicz

Subdita sunt elementa Deo: quos foverit ille,

Ilia fovent, e converso quos urserit urgent.

Adveniente Dei famulo magno Friderico

Sol nitet, aura tepet, aqua buUit, terra virescit.

Fons inquam Syloe qui multis aruit annis.

Nunc quasi congaudens producit aquas salientes . . .

Jerusalem gaude nomen domini venerare

Magnifica laude : vis ut dicam tibi quare?

Rex quia magnificus Jesus olim, nunc Fridericus,

Promptus uterque pati, sunt in te magnificati.

Obtulit ille prior semet pro posteriore

Et pro posterior sua seque prioris honore,

Hie Deus, ille Dei pius ac prudens imitator.

Die erste Gruppe der hier angefiihrten Verse diene lediglich
dazu, den „messianischen'* Charakter klarzustellen, der fast stets,
oder doch sehr haufig, in die Adventus-Dichtung eingewoben ist.
Die vier Elemente sind Gott untertan; doch sie gehorchen dem
Diener Gottes und darum begiinstigen sie den Kaiser bei seinem
Einzug {adveniente Dei famulo). Die Sonne, hier das Element des
Feuers vertretend, brennt nicht, sondern sie strahlt; die Luft ist
lau; das Wasser sprudelt; die Erde schmiickt sich mit neuem
Griin; und der seit vielen Jahren trockene Siloam-Quell bringt
springende Wasser hervor, um seine Mitfreude am Erscheinen
des Kaisers zu bezeugen. Das alles ist gewiB kein versteckter Hin-
weis darauf, daB es Friihling ist, obwohl ja Friedrichll. im Marz
in Jerusalem einzog. Gemeint ist natiirlich jener messianisch
zeitlose Friihling, der kalenderwidrig auch im Sommer, Herbst
oder Winter herrschen wiirde, sobald der Gesalbte erscheint®'.

•• Das sagt vollig eindeutig, z. B., Walafrid Strabo (MGH. Poetae,
III, 183, No. XV):

,,Innovatur nostra laetos
Terra flores proferens:
Ver novum praesentat aestas, (I)
Cum datur te cernere . . ."

Bulst (oben Anm. 2) hat viel zuviele historische „Data*' aus den suscepta-
cula herauszulescn versucht; richtig Wolfram von den Steinen, Notker
der Dichter, Bern, 1948, 1, 495 („Wenn du kommst, ist Friihlings wetter").

Friedridi II. und das Konigsbiid des Hellenism

us

121

In Agypten, zum Beispiel, hatte die Epiphanie des Herrschers
oder seiner Beauftragten ein Steigen des Nils zur Folge'®.
Worauf es hier jedoch ankommt, ist nicht die messianische
Stimmung des Advents, sondern der in der zweiten Versgruppe
enthaltene antithetische Vergleich des in Jerusalem einreitenden
Kaisers mit Christus am Palmsonntag, die durch ein hic-ille ein-
gefiihrte christomimesis des Kaisers: Hie Deus, ille Dei pius ac
prudens imitator. Vergleiche des Herrschers mit Gott oder Christus
sind iiberaus haufig im Mittelalter: der Konig ist quasi oder sicut
Deus in terris. Antithesen wiederum wurden das Unterscheidende
zwischen der gotthchen Allmacht und der koniglichen Teilmacht
hervorheben. Das ist hier jedoch nicht der Fall. Die Antithetik
dient vielmehr dem Vergleich; sie dient dazu, den Unterschied
zu verwischen oder ihn vergessen zu machen und den Bild-Paralle-
lismus zwischen dem einziehenden Kaiser und dem einziehenden
Gott hervorzuheben. Das Erregende an jener | Apostrophe der
Einzugsstadt Jerusalem besteht gerade in dem Element der
Gleich- oder Ein-ebnigkeit von Gott und Kaiser, die hier durch
das Bild des Einzugs erzeugt wird, und in dem der wechselseitigen
Bedingtheit, indem der Gott fur den Kaiser das Bild und Vorbild
aufgestellt, der Kaiser aber das Bild des Gottes erneuert und ins
Gedachtnis zuruckgerufen hat. „Dieser ein Gott, jener des Gottes
frommer und kluger Mime." Diese Art, die christomimesis nicht
durch Aufzahlung von Tugenden wit justitia, aequitas, dementia,
sondern gleichsam als aktives Bild biihnenmaBig zu vergegen-
wartigen, ist im Westen sonst eher den Schilderungen von Heiligen
vorbehalten: sie sind es vor alien anderen, die wie Franziskus
sichtbar in den FuBtapfen ihres Herrn wandeln und als die wahren
Nachahmer Christi auch ihrem Herrn Ahnliches verrichten. Mit
Bezug auf Kaiser und Konige ist jedoch solche Bildgleichheit
begreiflicherweise selten, wenn man von dem Sitzen auf dem

70

P. Berlin, 10580, 42f; Berliner Klassikertexte, V, 1907, p. 119, zur
BegriiBung des praefectus praetorio Orientis:

ex a£-8-ev el<; x-nrjrrjpag (i'&io9aT0v iTrXeTo uStop.
NetXoc; dpoi>papdnQ(; ^Tre^uoaro 8* auXaxi ^(tir^q, . . .

122

Ernst H. Kantorowicz

Konigsthron oder Richterstuhl absieht. Erst die spatmittelalter-
liche, und zumal franzosische, Konigsmystik hat die Biidgleichheit
von Herrscher und Gottheit auch in andere Bereiche, wie in das
des Wunderwirkens, hineinprojiziert.

All dies ist anders im Osten, wo gerade jene Art des antitheti-
schen Bildvergleiches hundertfach zu belegen ist, zumal in der
Epiphaniedichtung'^. Es geniige hier, nur eines der Epiphanie-
Gedichte anzufiihren, die bei der Prokypsis am Epiphanienfest, im
Osten bekanntlich die Feier der Taufe Christi, vorgetragen wur-
den. Der Verfasser ist Theodores Prodromos, ein gefeierter
Dichter der Komnenenzeit, der Johannes Komnenos (1118-1143)
mit folgenden Versen begruBte'^:

*I8oi) StTrXr) TTav/jyuptt;, SittXy) x^^P* *Pw(jLaCoi<;,
Xouxpa Xptaxou, xal xp^naia XafXTrpa toO {SaaiX^cx;*
KgioTbc, eXoo^r) Si* riiioLQ XouTpoi tw twv uSaxcov,
(5tva^ ^TrXuv^r) 8i' "/jpLac; XouTpco tco xtov ISptorcov
6 [ikv ouvxpt^ei xe9aXa? ev uSaxt 8pax6vTcov,
6 Ss auyxXlvst x£9aXa<; km ttji; yr^q Pap^apoiv
6 {JLoV Touc; ^x9(oXeuovTa(; 69eL<; dcTroxTivvuet,
6 8k ouyxXetei (^oiXeolc; xou:; Trplv dv^xou? n£poa<;-
x6v (x^v x6 TTveufjia jjtapxupet Ttepioxepac; Iv eiSet,
x6v 8' y) Xeux"^ Tceptaxepa XTJ? vtx7)<; xaxayy^XXei*
x6v [A^v 9covr) Trapdc 7Taxp6<; utov avaxvjpuxxei,
xov Sk nepatov 6Xo-&peuxy)v xa repayfjiaxa Powai-
Soxto 9cov7^(; e^ oupavou 8sux£pa<; eTiaxouetv
PooiOTji; TcaXiv Xaot(;, ouxo<; 6 ^aatXeix; |j,oo*
auxot; el (;6v euSoxTjaa, xouxw xal TTEiO'apxelxE'
afX96xepoi xa^aipouai xtjv ^aotXtSa 7r6Xtv
Xo'jxpoii; dvaYevvifjCTeox; xal TraXtYyeveolac; . ■ • I

'^ Es geniigt hier, auf die Akklamationen hinzuweisen, die unauf-
horlich, unter Verwendung der Texte der jeweiligen Festtagsliturgie,
Kaiser und Gottheit antithetisch vergleichen; Treitinger, passim; einigc
gute Beobachtungen vom Musikalischen her bei Jacques Handschin,
Das Zeremonienwerk Kaiser Konstantins und die sangbare Dichtung,
Baseler Rektoratsprogramm 1940-41 (Basel, 1942).

'2 Thcodoros Prodromos, Poemata, XVI, 1-17, ed. Angelo Mai,
Patrum nova bibiiotheca, VI, Rom, 1853, p. 412.

Friedridi II. und das Konigsbild des Hellenismus
Das wiirde in einfacher Obersetzung etwa lauten :

123

Sich da, zweifache Feier, zweifache Freude den Romern:

Christi Bad und des Kaisers glanzende Siegesmale.

Christus ward fiir uns gewaschen im Bad des Wassers,

Der Herrscher ward fur uns gcspult im Bad des SchwciBcs.

Jener zermalmt im Wasser Drachcnkopfe,

Dieser beugt zur Erde Barbarenkopfe.

Jener totet die Schlangen im Hohlenschlupf,

Dieser vcrschlieBt die einst dreisten Perser in ihrem Schlupf.

Jenen bezeugt der Geist in Taubengestalt,

Diesen vermeldet das Wei(3 der Siegestaube.

Jenen kiindet des Vaters Stimme als Sohn,

Diesen rufen die Taten aus als Perser- Verderben.

Mir scheint, ich hort zum zweitenmal vom Himmel eine Stimme,

Die wieder Volkern zuruft: ,,Dies ist mein Konig,

An ihm hab ich Gefallen, und ihm gehorcht."

Sie beide reinigen die Konigsstadt

Durch Biider von Wieder- und von Neugeburt.

Das Gedanken- oder Bilderschema dieser Verse bedarf kaum
des Kommentars. Wie in den Versen auf den Einzug Friedrichs II.
in Jerusalem bildet hier der antithetische Vergleich das wesent-
liche Stilmittel. DaB uns die Vergleiche eines tertitim zu entbehren
scheinen, liegt an uns, nicht an dem Dichter, der sich nur der her-
kommHchen Metaphern bedient. Fur den Westen ist der 6. Januar
das Fest der Heiligen Drei Konige. Fiir den Byzantiner ist es das
Fest der Taufe Christi, das wiederum als Siegesfest gesehen wird.
Hundertfach wiederholen die Stichoi der ostUchen Liturgien, aber
auch die Malereien, das Bild des im Jordan auf die Drachen
tretenden Christus. Umgekehrt aber ist der Sieg iiber den Drachen
dem iiber Barbaren oder andere Kaiserfeinde schon auf Miinzen
und Medaillen der konstantischen und nachkonstantischen Zeit
gleichgesetzt worden : das Labarum mit den Kaiserbildern auf den
Drachen aufgepflanzt oder der Kaiser, den Kreuzstab in der Hand,
mit dem FuBe auf eine Schlange mit Menschenkopf tretend'^.

" Fiir das Labarum uber der Schlange (Spes publica), vgl. Jules
Maurice, Numismatique Constantinienne, Paris, 1908, I, Tafel IX, 2,

124

Ernst H. Kantorowicz

Ebenso ist die Geisttaube uber dem Jordan auch die Siegestaube,
die oft genug in ihrem Schnabci den Siegeskranz tragt, urn Christus
2u kronen'^. Und die Katharsis dcs Reiches durch den SchweiB des
Kaisers ist glcichfalls ein seit fruhester Zeit unendlich oft wieder-
holtes Bild'^^ Der Osten, der weit mehr als der Westen jedes Fest
Christi bildhaft als Siegesfest auszulegen vermag, ist darum auch
unendlich viel reicher an Moglichkeiten, den Kaiser mit Christus
zu vergleichen, als der Westen. Der kaiserliche christomimetes in
Byzanz wandelt ex officio unaufhorlich in den FuBtapfen seines
gottlichen „Mitkonigs*' wie im Westen nur ein heiliger Franzis-
kus'^^. Das ergibt dann auch jene Verflochtenheit von Kaiser und

und dazu die bekannte Beschreibung des Palastgemaldes, in dem Kon-
stantins Sieg uber Licinius als Drachensieg gefeiert wird, bci Eusebius,
Vita Constantini, III, 3. Fiir den auf die Schlange mit Menschenkopf
tretenden Kaiser, vgl. Babelon, Attila dans la numismatique. Revue
numismatique, ser. IV, vol. XVIII, 1914, pp. 301 ff.. Abb. 3-8.

'* Zugrunde liegt Psalm 73, 13: o^jv^Tpuj^ac; xa; xeqjaXa; twv 8pa-
xovTcov em tou uSaTo?. Damit wird dann Christi Taufe zum Kampf gegen
und Sieg uber den Drachen ; vgl. Carl-Martin Edsman, Le hapteme de feu
(Acta Seminarii Neotestamentici Upsaliensis, IX), Leipzig-Uppsala,
1940, pp. 46ff. Fur einige bildliche DarstcUungen vgl. J. Strzygowski,
Iconographie der Taufe Christi, Munchen, 1885; vgl. auch Dictionnaire
d'arch^ologie chr^tienne et de liturgie, II, 346 ff. Fines der schonsten
Dokumente fur die Tauf-Siegeskronung ist ein Goldmedaillon der
Dumbarton Oaks Collection in Washington, die Herabkunft der Geist-
taube mit dem Siegeskranz darstellend, und eines der interessantesten
eine Stele aus T'aUn (Armenien) des 6. Jahrhunderts, deren Kenntnis
ich Professor Sirarpie Der Nersessian verdanke; doch wird dieses
Thema in anderem Zusammenhang zu behandeln sein.

'5 Vgl. etwa, von anderen Prodromos-Gedichten abgesehcn, Manuel
Holobolos (oben Anm. 33), XVI, 3ff., bei Boissonade, p. 177; dazu
Heisenberg, a. a. O., 119. DaB der Kaiser sudorum rivos vergieBe auch
bei CI. Mamertinus, Gratiarum actio, 6, p. 249, ed. Baehrens, ed. H.
Gutzwiller, Die Neujahrsrede des Konsuls Claudius Mamertinus vor
dem Kaiser Julian, Basel, 1942, 36,

'* Die Gottheit als oufxpaaiXeu? des Kaisers sehr haufig in den Akkla-
mationen angerufen; cf. Constant. Porph., De cacrimoniis, I, 5, p. 47, 6
Reiske, auch II, 19 (p. 612, 4), II, 43 (p. 650, 4 und 22), und passim.

125

Friedrich II. und das Konigsbild des Hellenismus

Gottmensch, die es gestattet, die Himmelsstimme den Kaiser
gleichsam als Sohn verkiinden zu lassen oder von Kaiser und
Christus als den „zwei Sonnen** Neu-Roms zu singen".

Zwei weitere Beispiele seien hier angefiigt, well sie noch naher
an die Zeit oder Umgebung Friedrichs II. heranfuhren. Nike-
phoros Blemmides, ein Rhetor und Gelehrter der Laskaridenzeit,
der unter anderem auch eine Leichenrede auf Friedrich II., den
Freund und Schwiegervater des Kaisers Johann Vatatzes, verfaBte,
schrieb auf die Geburt eines kaiserlichen Prinzen ein uberschwang-
liches Gedicht. Der Neugeborene ist Sohn des HeUos, Kind der
Selene (*HXCou rexvov 7ca(X9aou(; XajjiTrpat; GeXrjvv]; yove). Vom
Vater hat er die Intellcktualitat (voepo-r/]!;), von der Mutter die
Besonnenheit oder Enthaltsamkeit (ctw^poctuvt]). Dann folgen die
Vergleiche :

„Der Jungfrau Kind ist Christus;

du das der Keuschesten.
Der Vater Christi ist hochste Vernunft,

AUherrscher, Allregierer;
Dein Vater ist der hochste Intellekt

bei uns auf Erden.
Der Vater Christi ist durchs Los Selbstherrscher,

Selbstregierer;
Denn von Christus stammt der christos^

und du bist Gesalbter durch diesen.**

Es folgt dann noch ein Vergleich mit den drei Magiern, die
einst Christus aufsuchten, wahrend jetzt die Untertanen den Neu-
gebornen suchen, um ihm Gold zu bringen'®. Das gleiche Schema

Siehe auch die Gegnerschaft gegen diescn Anspruch bei den Frankcn;
Libri Carolini, I, 1, ed. Bastgen (MGH. Concilia, II Suppl.), 8ff., auch
130, 180f. (mit Anm. 2).

" Prodromes, XVIII, ed. Mai, 413; s. auch Kantorowicz, Dante's
'Two Suns', Semitic and Oriental Studies presented to William Popper,
Berkeley, 1951, 217-231.

^* A. Heisenbergs Ausgabe des „Nicephorus Blemmides", Leipzig
(Tcubner), 1896, pp. llOf.; RaffaeleCantarella, Pocti Bizantini, Mailand,

126

Ernst H. Kantorowicz

findet sich bei einem suditalischen Griechen, Nikolaus von
Otranto, wohl der Sohn von Friedrichs II. GroBhofnotar Johann
von Otranto, der zur Feier des xMalers Paulus von Otranto den
Apostel Paulus als literarische Staffage benutzt.

„Ein einziger Paulus nur war unter den Aposteln;
Und nur ein Paulus ward geboren unter Malern.
Es spricht in Worten jener bis zum heutigen Tag;
So spricht in Bildnissen die Malerei.
jener die Leuchte des gesamten Erdenrunds,
Dieser die Zier in allem Kirchenbau'®."

Es ist fraglos, daB diese antithetischen Vergleiche, die aut der
Basis des 6 |xcv - 6 Se Gottheit und Herrscher gleichsam in-eins-
setzen und auf eine Ebene bringen, ein auBerst beliebtes und
immer wiederkehrendes Stilmittel bilden^o. Es findet sich naturhch
auch bei Rednern und Predigern. So sagt Eustathius von Thessa-
lonich, der HomerschoUast, in einer Epiphanienrede vor Kaiser

1948, No. XCII, vol. I, p. 210, und II, 240, die itaUenische Uber-

sctzung. Die einschlagigcn Zeilen lauten:

zap^^ou t6xo(; 6 XpioTo;, cru tt;; oto^poveaTa-nrj;-
XpioTOu zaTTjp 6 TrpwTo; vou;, Travrava^, TtavroxpaTtop,
Kai aoO Trarr^p ev voepot; toi; xa^* r;|x54 6 npwTo;.
XptaToO 7raT7;p xXr3pO'JXi>'-<^? a'jrava;, a'JToxpaTcop-
'Ex yip XpiCTToO XpiaTo; eari, xal au XpioT^; ^x toutou . . .

'» J. N. Sola, De Codice Laurentiano X plutei V, Byzantinische Zeit-
schrift, XX, 1911,381:

ITauAo; [i.ev cl; l^ -roic aroa-roXotc |/ovoc,

xal IlauAo; el; ::£9uxe:v h toI; Co)Ypa90i;'

XoXci S* ixelvo; [iixpi toO vuv b/ Xoyotc,

Xa>xi rriva^iv outco; f^ t;G>Ypa9ta'

'kiy.-xrtC btcivoc arriar^; olxou^iivr,;,

o'jTo; 8^ x6o|xo; arraaa!.; cxx>.r,otau; . . .
w Siche, 2. B., Manuel Holobolos, XVIIl, Iff., ed. Boissonadc, V,
179; auch das obcn (Anm. 77) angefiihrte Gedicht des Prodromes sowic
dcsscn XU. Gedicht (Mai, p. 411) zur Weihnachts-Prokypsis.

Friedridi II. und das Konigsbild des Hellenismus

127

Manuel Komnenus : „Der Allkonig (r.%ii?>xnikz'jq) Jesus hat gegcn
den mit Blutschuld befleckten ewigen Tod das gewaltige Sieges-
zeichen aufgerichtet; du aber, o Retter-Kaiser (a> acoxep ^aaiXeu),
hast - so wage ich es zu sagen - gegen den menschenverderbenden
Krieg gefochten und hast dieses todbringende Ubel in die Tiefe
hinabgeschleudert ®^"

Die Geschichte solcher Vergleiche von Gottheit und Fiirst
mittels der Antithese im einzelnen zu verfolgen, geht hier nicht
an. Sie finden sich uberall in Byzanz, im lateinischen Bereich etwa
bei Corippus82. ^je romischen Kaiser-Panegyriker des 3. Jahr-
hunderts sind voll solcher Bilder, genau wie die romischen Kaiser-
dichter - man denke etwa an Martials Vergleiche von | Domitian
mit Hercules und anderen GotternS^. Das friiheste solcher Epi-
phanie-Gedichte, das wir kennen und das Gottheit und Konig
gleichsam auf einen Nenner bringt, um schlieBlich sogar den
gegenwartigen Konig iiber die abwesenden und „ohrlosen"
Gotter zu stellen, sind jene Ithyphalloi, die dem Demetrius
PoHorketes bei seinem Einzug als Befreier Athens im Jahre 290
V. Chr. vorgetragen wurden und die dann den Athenern wie ein
moderner „Schlager" in den Ohren lagen^*. Das Gedicht, dessen
Anfang nicht erhalten ist, wird mit einem Vergleich von Demeter

" Kegel. Pontes return byzantinarum, p. 27, 22ff. Fiir den griechisch-
sizilischen Umkreis vgl. etwa die Palmsonntagspredigt des Philagathos
vor Konig Roger II., bei Migne, PGr., CXXXII, 541 B, gedruckt als
Homilie XXVI des Theophanes Kerameus, wo der Glanz der Aufer-
stchung mit dem des Konigshofes kontrastiert wird. Vgl. Ernst Kitzin-
ger. The Mosaics of the Cappella Palatina in Palermo, Art Bulletin,
XXXI, 1949, p. 281, mit Anm. 68 fiir die Verfasserschaft der Homilie.

82 Corippu's, In laudem Justini, II, 428, ed. Partsch, 137 (MGH. AA.
ant., Ill: 2), sagt, ganz ahnlich wie nach ihm Marquard von Kicd : i/Ie ett
omriipotens (sc.Christus), hie omnipoientis imago. Uberhaupt sind gewisse
Ubereinstimmungen doch merkwiirdig; vgl., z. B., Corippus, I, 361,
Partsch, p. 126: Omnia Justino praehent eUmenta favor em. Omnia congatuient ;
siehe auch II, 94ff., Partsch, 129.

" Cf. Franz Sauter, Der rbmische Kaiserkult bei Martial und Statius,
Stuttgart, 1934, 81 f., und passim.

M Der Text bei Athenacus, VII, 253 D, auch in den CoUcctanca
Alcxandrina, cd. J. U. PoweU. Oxford, 1925. 173 f.; dazu Victor

128

Ernst H. Kantorowicz

und Demetrius begonnen hahen. Beide mogen als Athen besonders
nahestehend und zugehorig gefeiert worden sein ; denn dcr Dichter
ikhrt dann fort:

So wjc die groBten und die liebsten Gotter sind

Sic der Stadt erschienen;
Denn hierher hat Demetrios und Demeter

Hergefiihrt dcr Kairos.
SIE kam, um die hochheiligen Mystenen

Kores zu begehen;
ER aber ist gleich einem Gotte schon und heiter

iachelnd gegenwartig . . .

Es ist erstaunlich, wie wenig an diesem Schema die christliche
Dichtung im Grunde verandert hat. Von dem Spielen mit dem
theophoren Namen ganz zu schweigen*^, ist es vor allem die
erstrebte Gleichebmgkeit von Gottheit und Herrscher bd ihrer
Epiphanie, die als das Konstante erscheint, aber auch der durch
ein 6 (x^v - 6 Se emgeleitete antithetischc Vergleich, der dann von
den Bvzantinern - natiirlich im Sinne von Christus und Basileus -
bis zur Ermiidung wiederholt wird. Erst in Bvzanz ist alierdings
das schematische „Abieiern*' solcher Vergieiche, vielleicht nach
dem Vorbild ostiicher Liturgien^^, zur wirklichen Mode geworden.

Ehrenberp, Athenischer H vmnus auf Demetrius Poliorketes, Anrike, VII,
1931, 279 ff., und vor allem O. ^ einreich, „Antikes Gottmenschentum*',
Neue lahrbucher, II, 1''26, 646 ff.

"^ Fiir das Spielcn mn dem Namen Manuel rEmmanuel-Chnstus)
siehe, z. B., Eustathius von Thessaiomch, bei Kegel, Pontes, 57, 1, oder
Theodoros Prodromos' Epithalamium, 71, bei Carl Neumann, Gnechi-
sche Geschichtsschreiber und Geschichtsquellen des zwolften lahr-
hunderts. Leipzig, 188B, p. 67: nu yap ^c xpirrroaiirrruc ypirrru>yrJiioc.

*^ Es ware dabei vor aliem an die Paradigmengebete und an die
L-yjfxepov-Snchoi (bo dcr Epiphanien-'^ asserweihe) zu denken; vgl.
A. Baurastark, „Paradigmengebete ostsvrischer Kirchendichtung*',
Onens Christianus. Ser. II, vol. X-Xl, 1923, und ders.. Die ,,Hodic"-
Antiphonen des rbmischen Breviers und der Kreis ihrer griechischen
Parallelen, Die Kirchenmusik, X, 1909. 153 ff.

Friedridi II. und das Konigsbild des Hellenism us

129

Wie der Passauer Dichter dazu kam, in ervx^as uberraschcnder
W'eisc jenes Schema auf Friedrich 11. anzuwenden, laBt sich kaum
bcantworten. Intercssantcr als die Qucllenfrage ware es, die anderc
Frage zu stellen, wie es denn kam, daB der Westen iiberhaupt die
antithetischcn Bildverglcichc von Herrscher und Christus so
sclten benutzt hat und daB jjiiixTjo-t.^ offenbar im Osten und Westen
Verschiedenes bedeutete.

Dies ware freilich ein schr groBcs Thema, das nicht eintach im
Vorbeigehen behandelt werden kann. Hicr waren nur einige Lese-
fruchte zu bergen; und nicht mehr vj2.t beabsichtigt, als durch
wenige, allzu fliichtig gezogene Linien, ohne alien Anspruch auf
schliissige Losungen, ein Problem zu umreiBen, das durch seine
Gcschichte der Lockenfrisur des Sonnengottes der klassische
Archaologe angeregt hat. Die hellenistisch-staufische Bogenwcitc
der hier nur angedeuteten Fragen aber mag Karl Reinhardt, dem
Freund der Frankfurter Jahrc, emcut bestatigen, wic sehr iibcr
Meilen und Zeiten hinweg und trotz Schranken und Schweigens
der mittelalterliche Historiker des Graecistcn bedarf.

Aui Deut$ches Archiv fiir Eirforschung des MitteUltett. 11, 19S4. S. 166-190

NIKOLAUS VON BARl, EINE NEUE QUELLE

ZIIR ENTWICKLUNG DER KAISERIDEE

UKTER FRIEDRICH IL

Von Rudolf M. Kloos

Die Handschritt t>42 der Universitatsbibliothek Erlangen
(15. Jh., Pap., 247 Bl., Prov. Heilsbronn), von H. Fischer bereits
ausfiihrlich beschriebeni, enthalt f. 233-236 drei bislang un-
bekannte Stiicke aus der Zeit Friedrichs IL Ich lasse zunachst den

1 Katalop der Handschriften der Universitatsbibliothek Erlanpen,
Neubearbeitung 2: Die lat. Papierhandschriften von H. Fischer (1936)
S. 371-374. - Erganzend zur Beschreibunp Fischers sei hier die Reihen-
folge der Briefe des Peter von Blois mitgeteilt: Migne, PL. 207, Petri
Blesensis epistolae, Nr. 1-13, 15, 17. 19, 21, 22, 24, 136, 173, 162, 26,
156, 153, 28, 30, 33, 154, 34-38, 158, 39, 130, 155, 40-55, 128, 56,
58-62, 65-68; col. 1057-1070: Quis dabtt - populi tut; Nr. 69, 71-75,
77-86', 88, 150, 90-98; col. 1069-1078, Zeilc 9: Uttens tms et nunciorum -
rviascaru]'t<r. 57, 99, 100, 14, 159, 32, 76, 63, 64, 16, 18, 20, 23. 25, 27;
Amanttssimt iorort sue M. Incanduit auster meroris - ameno; Nr. 70, 101, 29.
31, 220, 89, 126, 127, 143, 131-135; col. 1115, ZeUe 11-1126: Exorta . . .
(Lucke) suscepissew nisi - inpunitas, fahrt dann mii neuem Abschnitt fort :
Epistolam scrihere inceperam - dispuiattom reservo; Nr. 137, 139, 160, 148,
145, 144, 147, 146; Susptratuio dicehas - nichil possum; 63 (wiederholt),
102! 103', 105-107, 110, 111, 113-115; Si pro tllis nostraruw - gratia;
116-124, 221. Dann folgen funf Stucke, die sich mehrfach im AnschluB
an die Bnefsammlung des Peter von Blois finden: Ascendit de man -
supradicta, MG. Epp. pont. 1, 645-654, Nr. 750; Commune omnium -
suhhmal, Reg. Imp. V, 2290, vgl. O. Vehse, Die amtliche Propaganda
in der Staatskunst Kaiser Friedrichs II. (1929) S. 60ff. ; In admiratwnem -
vocaretur, Reg. Imp. V, 1715, vgl. O. Vehse, a. a. O. S. 19ff.; Karuius
etc. G. Cardtnahs - eversorem; Suo domino R. ap. se. not. suus Daniel . . .
Egressa nuper tmquitatt - sumens. Zu den ersten vier Stucken vgl. W. Meyer,
Zur Korrespondenz Friedrichs IL, FDG. 19 (1879) 75-80; die beiden
letzteren konnten nicht identifiziert werdcn.

Sonderdruck
aus

Stupor mundi

Seiten 23-40

„MYTHENSCHAU" EINE
ERWIDERUNG

von
ERNST KAXTORO^'ICZ

j 1966

WISSENSCHAFTLICHE BUCHGESELLSCHAFT

DARMSTADT

Au«: Historischc /eitschrift 141, 1930, S. 457-471; audi in: lirnst H. Kantorowicz, Selected Studies.
Hrsg. V. Ralph E. Ciicsey, J. J. Augustin Incorporated Publisher, New York 1965

„MYTHENSCHAU

({

I t

Eine Erwiderung
Von Ernst Kantorowicz

In dcr preuBischen Akademie der Wissenschaften hielt Albert
Brackmann im Mai 1929 einen Vortrag^ iiber „Kaiser Fried-
rich II. in ,mythischer Schau* **, in dem er sich mit meiner
Arbeit iiber Friedrich II. auseinandersctztc. Eine solche Aus-
cinandersetzung war mir an sich nur willkommen: ich hatte
gehofft, von dem bedeutenden Wissen des soviel alteren
Gelehrten, der seine Ausfiihrungen einem derart erlesenen
Forum unterbreiten durfte, fur meinen Gegenstand Nutzen
zu Ziehen und iiber die - gewiB in noch groBerer Zahl als
mir bekannt - vorhandenen Mangel, Fehler und Versehen
meiner Arbeit belehrt zu werden, schon um diese bei einer
eventuellen Neuauflage berichtigen zu konnen. Indessen gibt
die Abhandlung Rrackmanns hierzu keine Veranlassung: es
handelt sich um cinen Anschauungsstreit, umgedeutet in einen
Methodenstreit.

Brackmanns Beanstandungen beginnen mit der Ansicht, „daB
die Grundauftassung von der Personlichkcit des Kaisers aut
methodisch falschem ^'ege gewonnen wordcn ist" (S. 534), und
enden nach einer Verwerfung dcr imagination criatrice fiir das
Gebiet der Geschichtswissenschaft mit der Feststellung, mein
Buch sei „ein sichtbares Zeichen fiir die Gefahren, die uns (d. h.
wohl dem eben vorher erwahnten positivistischen Wissenschafts-
ideal) drohen" (S. 548). Diesc Beanstandungen sind schlechter-
dings nicht diskutierbar. Denn die Feststellung einer wirklichen

' Gedruckt: Historischc Zeitschrift, Bd. 14(), S. 534-549. In dicsem
Band abgcdruckt auf S. 5ff.

24

I'^rnst Kaiitorowicz

[457/458]

[458/459]

„Mythenschau"

25

,,Gefa]irlichlccit" - auch wenn sie erkauft ist mit dcr Ah-
grenzung gegen die ,,liistoriscl"ic Bcllctristik cines Emil Ludwig"
(S. 548) - darf man wohl mit der glcichcn Genugtuung ent-
gegcnnelimen wie die des Vorliandenseins einer imagination
creatricCy und was die Meinung anbetrifft, daB die Grundauf-
fassung mciner Darstellung auf methodisch falschcm Wege ge-
wonnen sei, so konnte der einfache Hinweis auf jene oster-
reichischen Generale geniigen, die nach Montenotte, l^odi,
Arcole und Rivoli gleichfalls argumentierten, die Schlachten
scien zwar vom Gegner gewonnen worden, jedoch auf me-
thodiscti falschem Wege.

Ist hieriiber eine Verstandigung also so gut wie unmoglich, so
muB ich mich aus cinem alinlichen Grunde Brackmanns | Wunsche
versagen, den er seinem Vortrag als Anmerkung nachschickt:
er „mochte nur die Diskussion iiber den wissenschaftlichen Cha-
rakter der historischen Werkc aus der George-Schule eroffnen"
(S. 549). Derart gewichtige Fragcn, welche etwa die Hauptpro-
bleme des heutigen gebildeten Deutschen in sicli schlieBen, waren
nur unter der Voraussetzung zu diskutieren, daB die Diskussion
von einer Ebene her gefiihrt wiirdc, welche der Bedeutung solcher
Fragen entsprache. Diese Ebene aber ist von Brackmann nicht
beschritten worden, wenn er dem Gegner ziemlich unverhohlen
einen Mangel an „Geist der Wahrhaftigkeit" vorriickt (S. 549).
Damit criibrigt es sich, bier an dicsem Orte begrundete Verwah-
rung einzulegen etwa gegen das vorzeiten viel erorterte und jetzt
von Brackmann wieder aufgefrischte Dogma, „daB man Ge-
schichte weder als George-Schiiler noch als Katholik oder als
l^rotcstant oder als Marxist schreiben kann, sondern nur als
wahrheitssuchender Mensch" (S. 549). Denn da hieraus zu
folgern ist: auch als Deutscher kann man nicht Geschichte
schreiben, iiberhaupt nicht als Mensch mit einer positiven
Gesinnung oder gar Leidenschaft^ so entsteht eine Problematik,
die sich auf dem Boden der von Brackmann fiir den Historiker
geheischten Standpunktslosigkeit gar nicht l5sen laBt. Am
wenigsten vcrmogen jedoch die rein personlichen Dinge, die
Brackmann mit einer bedenklich stimmenden Ungepriiftheit
heranzuziehen fiir gut hielt, die erforderliche Diskussions-Ebene

( I

■ *

t I •

zu schaffen, zumal auch da die Hauptpunkte - wie etwa das
mir von seiten Brackmanns vindizierte Vorwissen^ - gar nicht
diskutierbar sind.

Indem ich also darauf verzichte, mit Brackmann iiber alles
Grundsiitzliche zu rechten, mir jedoch vorbehalte, hinsichtlich
dieser Fragen im Zusammenhang und ohne stoffkritische Polemik
bei anderer Gelegenheit das Wort zu ergreifen, will ich mich hier
auf die rein historische Kontroverse beschranken, fiir die allein
Brackmanns Erorterungen eine gemeinsame Basis bieten durch
die Ansicht, ich hatte mich durch meine Abhangigkeit von „Dog-
men" (vgl. S. 537, 548 u. o.) verleiten lassen, wissenschaftlich
Unrichtiges und Anfechtbares zu behaupten. Diesem Vorwurf
will ich gern begegnen, ohne im iibrigen meine Abhangigkeit
von I Glaubenssatzen bestreiten zu wollen, der notwendig ein
jeder verfallen ist und der auch Brackmann nicht entging. Denn
auch sein Angriff gegen die Methode leitet sich - von den Dogmen
des Positivismus ganz abgesehen - im wesentlichen her von ge-
wissen Dogmen iiber die sog. George-Schule, wodurch er freilich
zu einer Auffassung meiner Darstellung der Vorgange in Jerusa-
lem im Marz 1229 gelangt, die zumindest sehr merkwiirdig ist
und iiber die hier einiges Schaulos-Sachliche gesagt werden solF.

2 S. 535: ,,Das wuBte K., als er dies Thcma wahlte"; vgl. auch
S. 543 die etwas fatale Bcmerkung iiber die „geschickte" Wahl des
Themas; S. 536 u. o. iiber den Dichter in Anfiihrungszeichen oder
S. 548 die Auffassung, daB ich ,,den Kaiser zuerst ,geschaut, gefiihlt,
erlebt' habe und mit diesem vorher (!) gewonnenen Bild an die Quellen
herangegangen" ware - und dies im Zusammenhang gerade mit der
Justitia- und Necessitas-Frage!

^ Hierauf allein mochte ich eingehen, weil es sich um ein abgegrenztes
Gebiet handelt, nicht aber auf das Problem von Necessitas und Justitia.
Denn erstens ist die Kritik dieser recht komplizierten Probleme von
Brackmann einem Herrn Ubungsassistenten iibcrtragen worden (vgl.
S. 534 Anm. 1), dessen Auslassungen ich hier nicht vorgreifen und die
ich nicht beeinflussen will. Zweitens wiirde die Behandlung dieser
Fragen eine Aufrollung der ganzen staatstheoretischen und philo-
sophischen Anschauungen des 13. Jahrhundcrts bedingen. Drittens
miiBte man sich hierbei auch auf metaphysisches Gebiet begebcn, und
gerade das lehnt Brackmann ja ab.

26

Ernst Kantorovvicz

[459/460]

Brackmann wahlt diese Ereignisse zum Ausgangspunkt seiner
E>orterungcn. Wie am Anfang jedcs Kapitels stehen auch am
Anfang des Kreuzzugskapitels einige allgemeinerc Bcmerkungen
(vgl. S. 154), die nichts anderes bezwecken, als dem Leser die
Blickrichtung fur die zu erzahlenden Ereignisse zu geben und fiir
den Tatsachenbericht selbst gleichsam den geistigen Hintergrund
zu schaffen. Diesen Vorbemerkungen entspricht in der Kegel eine
Zusammenfassung gegen SchluB des Kapitels - einc nicht gerade
sehr originelle Technik, aber eine immer noch praktische, well sie
bei einem etwas umfangreicheren Buch den Oberblick erleichtert.
Diese Vorbemerkungen allgemeincrer Art lassen sich oft auch
durch Motti erganzen, sogar ersetzen, und das urspriinglich bier
vorgesehene Motto war Napoleons bekanntes Wort: „Man muB
nach dem Orient gehen, aller groBe Ruhm kommt von dort." Ob
diese Anschauung als solche in alien Fallen richtig ist und wenn,
warum? - das ist weder bier noch war es im Kapitelanfang zu
untersuchen. Es geniigte mir, dali damit wenigstens ein klarer und
iiberzeitlicher Geskhtspunkt gegeben war - wie ich jctzt sehe : auch
dies schon zuviel und die voraussetzungslose Historic gefahrdend.

In dieser die allgemeine Richtung weisenden Vorbemerkung
will nun Brackmann ein „Dogma'* sehen, das thema probandum
(S. 537) fiir die ganze nachfolgende Darstellung. Das ist insofern
richtig, als es ganz selbstverstandlich ist, da() jene einleitenden
Worte mit dem Thema des Kapitels in allerengster Verbindung
stehen, etwa als dessen Essenz. Brackmann jedoch glaubt da- |
hinter etwas „Erschautes, Erfuhltes, Erlebtcs" zu erkennen, das
mich von ungefahr iiberkommen und das zu „beweisen"* ich

* Brackmann unterlegt mir mcrkwiirdigerweise allcnthalben die Ab-
sicht, etwas beweisen zu wollen. ,,Den Beweis dafiir findet K. in dem
Kronungsakt usw." (S. 536; ahnlich noch mehrmals S. 537). Jedoch
verkennt cr damit meine Absichten vollstandig: die Darstellung
Friedrichs 11. soUte ein Bild der Person innerhalb ihrer Zeit und inner-
halb der Zeitanschauungcn sein und hat mit einem Bewcisen-wollen
gar nichts zu tun, wie auch die Aufdeckung der gchcimen Seelen- und
Willenstriebe oder des personlichen Glaubens dieses Kaisers auBerhalb
meines Arbeitsprogramms stand. Diesem MiBverstehen entspringt dann
offenbar auch Brackmanns Frage (S. 547), ob denn der Kaiser an sich

[460/461]

,,Mythenschau**

27

nunmehr die Quellcn angegangen hatte. Das ist eine von Dogma-
tik keineswegs freie Hypothese; aber gerade sie verfuhrt Brack-
mann zu gewissen argerlichen Fehlgriffcn.

Brackmann behauptet namlich, ich suchte in meiner Darstellung
zu beweisen^ „daB die Selbstkronung auch schon vom Kaiser selbst,
nicht etwa bloB von uns Nachgeborenen in nachfiihlendem histo-
rischem Verstehen als program matische Handhmg (Hervorhebung
von mir) aufgefaBt sei" (S. 537), um wenig spater (S. 539) in
Spcrrdruck festzustellen: „Die Selbstkronung in Jerusalem war
also nicht der programmatische Akt eines neuen absoluten Herr-
schers von orientahscher Art, sondern die Verlegenheitsauskunft
cines Politikers." Diese Feststellung hatte sich Brackmann sparen
diirfen, da das Gegentcil von mir nirgends behauptet wird. Wie
Brackmann erklart (S. 538 f.), werden ,,die Tatsachen vollkommen
richtig erzahlt": daB anfangs Friedrich II. in der Grabeskirche
feierlichen Gottcsdienst babe abhalten wollen, der kluge und vor-
sichtige Hermann von Salza jedoch einer kirchlichen Kronungs-
feier widerriet, da der Kaiser sich noch im Bann befinde und der
Papst dadurch nur herausgefordert wurde, der sich trotz der
kaiserlichen Aussohnungsversuche unversohnlich gezeigt hatte.
„Doch die Unversohnlichkeit Gregors IX. - so heiBt es bei mir
im Text S. 183 - soUte ihren guten Sinn haben'*, was selbstver-
standlich besagen will: von //;//, den Betrachtenden, aus gesehen
hatte sie ihren guten Sinn, indem dadurch der Kaiser gezwungen
war, sich selbst die Krone aufs Haupt zu driicken^. Diesen ganzen |
Abschnitt zitiert Brackmann auch wortlich (S. 536), jedoch ganz
unbegreiflicherweise unter Vberspringung und Auslassung gerade des

als eine Inkarnation Gottcs selbst geglaubt habe. Das war fiir mich gar
nicht die Frage: tatsachlich kann man dariibcr nicht mehr wissen, als
daB er sich unter diesem Bildc bisweilcn gab und entsprechend auch
gesehen und verstanden wurde.

^ Auf Brackmanns Klcinkritik (S. 536 f.) betrcflfs der Selbstkronung
cines Kaisers und den Hinweis, daB es sich nur um die Krone des Kbnigs
iiber das ,,winzige Gebiet" Jerusalcms handelte, sowic auf die Forde-
rung, ich hatte das irgendwo sagen mussen, oder auf die Belehrung
hinsichtlich der Kronung von 1220 einzugehen, versage ich mir. Alles
das ergibt sich fiir den unvoreingenommenen Leser von selbst.

28

Ernst Kantorowicz

1461/462)

enisck'idendeu Sat':^es, in welchem eigens gcsagt wird: „. . . unoen'ollt,
ja fast wider semen WUltn eincn Akt von wcittragcndcr Symbolik
vollziehcnd." Kcnntlich gemacht wurde die Auslassung nicht;
doch es ist orfensichtlich, daB bei Beachtung dieses Satzcs Brack-
manns ganzer Behauptung, ich hiitte „die Selbstkronung audi
schon vom Kaiser selbst" als prograwwatische HandJuup^ autgefalk
sein lasscn, der Boden entzogen wird.

Diese Unachtsamlicit wirkt befremdcnd, wiederhoit sicli abcr
noch einmal, wiederum an entscheidender Stcllc. An das noch zu
besprechende Kronungsmanifest ankniiptend, wird von mir im
Zusammenhang mit der kaiserlichen Gottunmittelbarkeit die
Lehre vom character angelicus (S. 183f.) und vom Davidkum regniwi
(S. 185t.) der deutschen Kaiser erortert - angesichts der durch
den Einschub von Theoricn in den FluB der Erzahlung ohnedics
schwierigen Komposition des Buches aus naheliegenden Grundcn
hier am geeignetsten Ort - und auf die Kronung zuriickkommend
gesagt: „Friedrichs II. Selbstkronung am Grabe des Heilands mag
als sinnfalliger Ausdruck dieser neuen Gottunmittelbarkeit^g<'//^«" -
d. h. im Zusammenhang der ganzen Lcbensbeschreibung, inner-
halb deren diese Frage jetzt erstmals aktuell wird, und wiederum
von uns Heutigen aus gesehen, mag als der bildhatte, gleichsam
visuell wahrnehmbare x\usdruck dieser eben erorterten Theoremc
jene Selbstkronung gelten. Brackmann nimmt jedoch an diesem
Satze eine leichtc Veranderung vor, obschon er ihn zur Kennt-
lichmachung des wortlichen Zitats in Antuhrungszeichen setzt
(S. 537), und liiBt mich sagen: die „Selbstkronung war der sinn-
tallige Ausdruck usw.". Das ist jedoch etwas wesentlich anderes.
Denn diese Fassung mufi zwar nicht, kaun aber bedeuten: vom
Kaiser aus war dies der gewollte und von ihm gewahlte Ausdruck
zum Bewcis seiner Gottunmittelbarkeit. Mit Hilfe dieser unrich-
tigen Wiedergabe meines Textes bzw. der Auslassung des ent-
scheidenden Satzes konnte Brackmann mir dann unschwer eine
Programmatik der kaiserlichen Selbstkronung substituieren,
wahrend in Wirklichkeit vom Gegenteil die Rede ist.

Ich weiB, daB hierin keine Absicht von seiten Brackmanns zu
suchen ist. Abcr diese Modifikationen konnen daruber | belehren,
wie wenig auch die Methode Brackmanns gegen „mythische

[462/463]

,,Mythenschau"

29

Schau" gcfeit ist oder sich der Voreingenommenheit durch das
thema probandum enthalten kann, sondern die eigenen, vorher kon-
zipierten Dogmen in den Text hineinliest. Und damit ware eigent-
lich der ganze casus belliy weil gegenstandslos, schon erledigt. Denn
in jener Selbstkronung am Grabe Christi etwas fiir uns Symboli-
sches 2u sehen, kann weder den Geist wissenschaftlicher Wahr-
haftigkeit erschiittern noch auch der bedrohten Geschichtswissen-
schaft eine Gefahr sein. Und in den Geschehnissen der Vergangen-
heit eine Symbolik zu sehen oder es nicht zu tun, ist schlieBlich
auch dem „Wahrheitssucher" gestattet, zu schweigen davon, daB
sclbstverstandlich auch cinzelne Zeitgenossen des Kaisers, jeder
in seinem Sinne, solches getan haben®. Mit anfechtbaren | Ergeb-
nissen auf Grund falscher Methode hat das jedoch wohl nicht das
mindeste zu schaffen.

^ Dem Troubadour Guilhem Montanhagol war zunachst Friedrichs
Furchtlosigkeit undKiihnheit bci dieser Selbstkronung vorbildlich und
auf das eigene Verhaiten gegcniiber seiner Hcrrin anspielend, meinte er:
Friedrich habe sich selbst gckront, weil es keinen Menschen dort gab,
der ihm an Rang gleichkam. Vgl. Jules Coulet, Le troubadour Guilhem
Montanhagol {Bibl. meridian. Sir. I, vol. 4, Toulouse 1898), S. 19 und
131 Z. 17 if. Ober die Datierung und die Kontamination von Kaiser-
und Konigskrone vgl. Wittenberg, Die Hohenstaufen im Munde der
Troubadours (Diss. Miinster 1908), S. 64. Roger Wendover (ed. Coxe,
Bd. IV, S. 198) berichtet von der Emporung des Papstes, weil Friedrich
propia maun sese coronavit et ita coronatus restdit in cathedra patriarchatus et
ibi predicavit popido. Das klingt bereits an die Friedrich sparer angehang-
ten Kennzeichen des Antichrist an; vgl. ctwa Sackur, Sibyllinische
Texte und Forschungen, S. 108. Hermann von Salza geht wie der
Kaiser selbst liber die Kronungsfrage mit wenigen Worten hinweg.
Ganz kurz berichtet daruber zunachst auch der Patriarch Gerold von
Jerusalem in seinem Schreiben an den Papst (MG. Epp. pont. I no.
384, S. 303, Z. 20), ausfiihrlich erst in seinem Manifest an die Glaubigen,
und zwar aus propagandistischen Griinden: satis inordinate satisque
confuse excommunicatus in preiudicium honoris et excellentie imperialis mani-
jestum suo capiti imposuit diadema (Mattheus Paris, ed. Luard, Bd. Ill,
S. 379). Der Papst selbst gab den Bericht weiter mit den Worten: se
sollempniter vel potius inatnter coronavit {^{G. Epp. pont. I no. 390, S. 309,
Z. 18).

30

Ernst Kantorowicz

[463]

Indessen bleibt noch zu begriindcn, weshalb ich anlaBlich der
Ereignisse in Jerusalem iiberhaupt die kaiserliche Gottunmittcl-
barkeit aktuell werden lasse. Brackmann meint (S. 537), daB „das
Dogma von der Entstehung des gottunmittelbaren Herrschertums
Friedrichs II. im Ursprungslande der Monarchie'* fiir mich das
tbema prohandum gewesen sei, oder : daB in meinen Augen „damals
erst das Kaisertum Friedrichs 11. sich mit dem BewuBtsein der
Gottunmittelbarkeit erfiillt habe". Beides trifft so nicht zu - im
Gegenteil: an der fraglichen Stelle (S. 183) wird von mir aus-
driicklich gesagt, daB Friedrich II. eigentlich selten aus Kaiser-
tums-Theorien, desto ofter aber aus dem sichtbaren Wunder seines
Aufstiegs die Gottunmittelbarkeit und Erwahltheit seiner Person
herleitete, und bereits friiher (vgl. S. 99) war gerade hiervon die
Rede. Um die „Entstehung" von Friedrichs Gottunmittelbarkeit
kann es sich demnach nicht handeln, und wann sich sein Kaisertum
mit deren BewuBtsein erfiillte, mochte ich dahingestellt sein lassen.
Wohl aber laBt sich eines mit Bestimmtheit sagen: daB seine Gott-
unmittelbarkeit gerade „im Ursprungslande der Monarchie" zum
ersten Male fiir die Welt unvcrkennbar deutlich wurde. Denn weit
mehr noch als der wundcrbare Aufstieg des Puer ApitUae unter
dem Schutz eines Innozenz III. muBte der Erfolg des Kaisers im
Heiligen Land ohne den Schutz des Kirchenhauptes, ja gegen dieses,
der eklatanteste Erweis fiir seine personliche Erkorenheit sein, da
Gott dem aus der Gemeinschaft der Glaubigen ausgeschlossenen

Im Zusammenhang mit der Selbstkronung sei noch auf etwas recht
Merkwiirdigcs hingewiesen. In seinem Romermanifest beruft sich nam-
lich Manfred auf einc Selbstkronung Barbarossas kraft eines von diesem
Kaiser erlassenen Edikts, das die Priester von der Kronung ausschloB
(MG. Const. II, no. 424, S. 564, Z. 40 ff.). Weder von dem Edikt noch
von dem Akt selbst ist im Zusammenhang mit den Vorgangen des
Jahres 1167 (denn um diese handelt es sich), soweit ich sehe, auch nur
das Geringste bekannt, und es ist nicht festzustellen, welcher Tradition
die Kanzlei Manfreds da folgt (vgl. Eugen Miiller, Peter von Prezza,
S. 22, Anm. 107f.). Dennoch geht daraus hervor, daB man am stau-
fischen Hofe sehr wohl wuBte, daB eine Selbstkronung symbolischcn
Sinn haben konnte (vgl. auch in dem gleichcn Manifest die Anspielung
Manfreds auf Caesar: a. a. O. S. 564, Z. 17ff.).

[463/464/4651

,,Mythenschau"

31

Kaiser seine Huld nicht nur nicht versagte, sondern ganz unmittel-
bar zuwandte. Dabei hat nicht Friedrich sich von der Gedanken-
welt der Kirche losen (S. 538) oder einen Bruch mit der kirch-
lichen Tradition voUziehen wollen (S. 544), wie Brackmann mciner
Darstellung entnimmt, sondern er stand zu diesem Zeitpunkt sehr
wider seinen Willen zwar, aber doch tatsdchlich aufierhalb der Kirche^
von der er ausgeschieden und isoliert worden war. Um so augen-
faUiger muBte dann die an Wundern reiche ,,Parteinahme" Gottes
fiir den gebannten Kaiser sein, und etwas dem Ahnliches hat das
ganze Leben Friedrichs II., soweit es mir bekannt ist, nicht zu
verzeichnen gehabt. Das Wesentliche aber | war, daB diese Er-
wahltheit Friedrichs als Werkzeug Gottes (oder wie man ihn
spater in der „mythischen Schau" des Hoflingskreises gelegentlich
nannte : als cooperator Dei) ' erstmalsjet^t anlaBlich des Kreuzzuges
in diesem AusmaB fiir die Welt sichtbar wurde, und weiter: daB
fiir die Welt crstmals jet-:;^t gerade diese Seite des Kaisers von der
Kanzlei aus auch sichtbar gemacbt wurde, und zwar durch jenes
Manifest®, das schon insofern besonderes Interesse verdient, als
darin - soweit ich sehe - bei Friedrich II. gleichfalls zum ersten
Male in einem auf die spiitere Zeit bereits verweisenden Sinn
Bibelworte auf den Kaiser bezogen werden, die dem Heiland
galten. Das verdient immerhin die Beachtung auch des niichtern
denkenden Positivisten.

Mit dieser Auffassung des Manifestes stehe ich allerdings auf
einem anderen Standpunkt als Brackmann, und zwar - wie sich
sofort zeigen wird - keineswegs bloB aus dogmatischer Befangen-
heit und auf Grund „mythischer Schau". Brackmann argumentiert
etwa folgendermaBen: das Manifest war an den Papst gerichtet;
mit dem Papst wollte Friedrich sich versohnen; just in diesem
Augenblick weitgehender Friedensbercitschaft* wird sich I wohl

' Huillard-Br^holles, Pierre de la Vigne, S. 428.

« MG. Const. II, no. 122, S. 163ff.

• Brackmann erganzt (S. 538) den Gedankengang des Manifestes aus
der Rede, die Friedrich II. vor den in Jerusalem versammcltcn Pilgern
hielt und die uns durch ein Schreiben des Deutschordensmeisters inhait-
lich einigermaBen bekannt ist (MG. Const. II, no. 123, S. 167f.). Ich
kann das Verfahren, Pilgerrede und Manifest ohnc wciteres miteinander

32

Ernst Kantorowici',

[465]

der Kaiser schwerlich mit der „strahlenden Glorie und dem gott-
lichen Nimbus der ostlichen Herrscher" umkleidet und einen
Bruch mit der kirchlichen Tradition vollzogen habcn. „Die Un-
moglichkeit liegt auf der Hand" (S. 538). Fur Brackmann ist der
Beweis geschlossen.

Habe sonst ich mir trotz besseren Wissens die Sicht verbaut, so
hat das diesmal ohne Zweifcl Brackmann getan. Denn wie verhalt
es sich mit dem Manifest? Dieses Dokument, die einzige Urkunde
eines mittelalterlichen deutschen Kaisers, die als Ortsangabe Jeru-
salem tragt^o, war zur weitesten Verbreitung bestimmt und hat
vielleicht von alien Kundgebungen des Kaisers auch die weiteste

zu identifizieren, kcineswegs billigcn, besonders seitdem in eincr ebcnso
sorgfaltigen wie vorsichtigen Arbeit Brackmanns Schiiler Otto Vehse,
Die amtliche Propaganda in der Staatskunst Kaiser Friedrichs II.
(Munchen 1929), S. 31 ff. voUkommen richtig darauf hingewiesen hat,
daB Rede und Manifest an einen ganz anderen Zuhorerkrcis gerichtet
waren und infolgedessen eine auBerordentlich verschiedene Haltung
des Kaisers bedingten, trotzdem auch die in der Rede gezeigte Unter-
werfung des Kaisers „mehr als konventionelle Haltung dem Stellver-
treter Christi gegenuber denn als Aufgabe seiner grundsatzlichen An-
schauungen und seiner Politik" zu bewerten sei. Vehse meint sogar, in
der Rede vor den Pilgern ginge „die Versohnungstendenz so weit, daB
man mit Fug und Recht bezweifeln mochte, ob sie wirklich in der uns
aberkommenen Form gehalten wurde", zumal ja auch Hermann von
Salza mit der Wiedergabe dieser Rede Bestimmtes bezweckte (sein
Schreiben ist wahrscheinlich an einen Kardinal gerichtet gewesen). -
Auch in meiner Darstellung (S. 188f.) kommt diese Divergenz, obwohl
sie angedeutet wird, so scharf nicht zum Ausdruck, wahrend meine
Formulierung S. 184, wie ich jetzt sche, geradezu miBverstandlich sein
kann, wenn ich mit Bezug auf den Siegcsjubel sage, daB in dem Manifest
die Worte des Kaisers „noch urn vicles verstarkt" aufklangen im Ver-
gleich zu der Rede. Richtiger ware gewesen, eher auf die Abschwachung
der Unterwerfungstendenz als auf die Steigerung des Siegesjubels hin-
zuweisen; am richtigsten, wie es Vehse getan, die Verschiedenhcit
bcider Auslassungen zu betonen. Brackmanns Gleichsetzung von Rede
und Manifest geht aber unter keincn Umstanden an.

1® Die Ausfertigung erfolgte naturlich erst spatcr; vgl. Winkclmann,
Jahrbucher, Bd. II, S. 125, Anm. 1.

[465/466]

,,Mythcnschau"

33

Verbreitung gefunden^^ Es erging an alle Welt: an die kaiserlichen
Getreuen, die Barone, Grafen usw. im Reich, an die deutschen
Bischofe und Fiirsten, an die abendlandischen Konige und - eben
als Rundschreiben - in einem Exemplar auch an den Papst. Die
von mir verwertete Fassung war gerichtet an den Konig von
England ^2, was auf Grund meines langen Zitats (S. 185) fiir
Brackmann eigentlich sofort festzustellen war. Wenn also Brack-
mann erkliirt (S. 538): „Es ist mir voUkommen unverstandlich,
wie dieses an den Papst (Hervorhebung von mir) gerichtete und um
des guten Eindrucks willen {sic!) mit bibhschen Redewendungen
durchsetzte Manifest von Kantorowicz als das Dokument eines
triumphierenden orientaUschen, gottahnlichen Herrschers aufge-
faBt werden kann", so entspricht das nicht nur nicht den voUen
Tatsachen, sondern es ist sogar ganz unbegreifUch, wie die Adres-
sierung auch an den Papst als die wichtigste angesehen werden
konnte, obwohl Brackmann selbst gelegentUch erwahnt (S. 537),
die Kundgebung sei an das christUche Abendland gerichtet
gewesen. Mit der durch nichts gerechtfertigten Eingrenzung des
Empfangerkreises aber wird sozusagen gerade die Pointe ge-
mordet. |

Was bezweckte denn der Kaiser mit der Kundgebung an den
orbis terrarum? Kein Zweifel: neben der Absicht, die Welt von
seinem groBen und unerwarteten Erfolg in Kenntnis zu setzen,
vor allem die Aussohnung mit dem Papst und, nachdem ja der
Bannungsgrund fortgefallen, die Losung vom Bann, obwohl in
dem Manifest selbst hiervon nicht weiter gesprochen wird. Und
auf welchem Wege soUte der Papst hierzu bestimmt werden?
Nach der Ansicht Brackmanns ware dieses Manifest, in dem der
Kaiser „als der Vorkampfer der Christenheit verherrlicht werden
soil, der das erreichte, was kein andrer Christ vor ihm, auch der
Papst als Haupt der Christenheit, nicht zustande gebracht hatte"
(S. 538), eine direkt zum Papst entsandte Friedenstaube gewesen.
Der Papst hatte also das an ihn speziell gerichtete Schreiben lesen

»' Vehse, Propaganda, S. 28, Anm. 35, S. 192f.

*^ MG. Const. II no. 122, Text 5. Zumal der SchluB (S. 166f.) weicht
von den iibrigen Fassungen erheblich ab.

34

Ernst Kantorowicz

[466/467]

und vermutlich durch den Jubelton oder die einen „guten Ein-
druck'* machenden Bibelwendungen geriihrt, bestochen oder so
giinstig beeinfluBt werden soUen, daB er einer Versohnung nun-
mehr geneigter gewesen ware. Aber es muB hier festgestellt
werden: dieses Manifest, als P riva fschtdhen an den Papst ausge-
fertigt und nicht zur Kenntnis der WeU gebracht, ware wohl eher
einer Ohrfeige als einem FriedensgruB gleichgekommen.

Der Sachverhalt liegt eben ganz anders, und ihn zu erkennen
hat sich Brackmann dadurch unmoglich gemacht, daB er mir
„mythische Schau" nachweisen wollte. In Wirklichkeit war die
ganze Stilisierung des Manifestes gar nicht so sehr fiir die unmittel-
hare Wirkung auf den Papst berechnet, sondern fiir die Wirkung
auf die breiteste Meinung der Welt: mittelhar durch die offentliche
Meimmg des christlkhen Abendlandes sollte ein, sagen wir : „morali-
scher Druck" auf den Papst ausgeiibt werden, sich mit dem so
oflenkundig in der Huld Gottes stehenden Kaiser auszusohnen -
und unter diesem Druck kam denn auch nach Jahresfrist der
Frieden zustande. Dem Papst hingegen ward gerade dieses Schrci-
ben zugedacht in erster Linie gleichsam „zur Kenntnisnahme",
urn ihn zur Versohnung zu notigen: 1. durch die offentlich vor
aller Welt dokumentierte Friedensbereitschaft trott^ des groBen
Triumphes; 2. durch die offenkundigc gottliche Heimsuchung des
Kaisers /ro/j^ des Bannes. Gerade dies letzte als eine Art Gottes-
urteil war von hervorragender Wichtigkeit, um die offentliche
Meinung zu gewinnen und ihren Druck wirksam werden zu lassen :
die Welt r,vupe darauf hingewiesen werden, wie er, der von der
Kirche gebannte Kaiser, Wunder ubcr Wunder an sich erfahren
und wie er gerade im Heiligcn Land stets im Einssein mit Gott
gehandelt habe. Des|halb^2 ^yi^d ^Hes Tun des Kaisers und alles

•* Wie Brackmann darauf kommt, gerade mir immer wiedcr vorzu-
halten, man musse bei den Selbststeigerungs-Phrasen des Kaisers die
Augenblickssituationcn beachten und diirfe derartige AuBerungen nicht
verabsolutieren (vgl. S. 535 f., 546), ist mir ganz unbegreiflich. Meines
Wissens ist die Sachlage so, daB es seit etwa einem Jahrhundert ublicli
war, beispielsweise die Briefe an Jesi und andre tuszische Stadte (1239/40)
vom zeitlichen Zusammenhang losgclost als Zeugnisse fiir Friedrichs
sog. ,,Selbstapotheose" zu verwenden, und daC zum erstenmal in meiner

[467/468]

„Mythenschau'*

35

Geschehen in die Sphare des Wundcrbaren erhoben, ja zuletzt,
um den Vertrag mit Al-Kamil zustande zu bringen, habe Christus
selbst, des Kaisers Geduld und Ergebenheit „aus der Hohe an-
schauend'', alles zum guten Ende gelenkt. Der ganzen Welt sollte
es eben offenkundig werden, daB der Kaiser trotz des Bannes der
Erkorene Gottes sei, wie es in dem Manifest denn auch ausdriick-
lich heiBt: . . . cognoscant orthodoxe fidei cultores de cetero et enarrent
longe lateque per orhem, quod ilk qui est benedict us in secula visit avit
et fecit redemptionem plehi sue et erexit nobis cornu salutis in domo David
pueri sui^*.

Das Mittel, dieser Aufhohung des Kaisers Ausdruck zu geben,
war wie stets auch in der spateren Zeit die von der kaiserlichen
Kanzlei mit groBem Bedacht und eher haushalterisch verwendete
Sprache der BibeP^ Nicht um „guten Eindruck" zu machen,
sondern ganz bewuBt den Kaiser zu erhohen war die Bibel in
dieser Kundgebung an die Konige, Fursten und Getreuen in aller
Welt gebraucht worden. Die kaiserliche Propaganda wollte mittels
ihrer - wie man sehr treffend bemerkte ^« - „die Wirkung des sach-
lichen Erfolges verstarken, den Kaiser in vollstem christlichem
Licht zeigen", und zwar gerade mit diesem biblisch-hellen, ja |
jubelnden Ton des Psalters, den man^' als eine „einzige Jubel-
hymne" auf Gott gekennzeichnet hat, auf den Herrn der Welt,

Darstellung (S. 465 ff.) diese Schreiben entwicklungsgeschichdich ein-
gereiht und aus der Augenblicks-Situation erkliirt wurden. DaB ander-
seits in den Kapitelanfangen, zumal der drei letzten Kapitel, moglichst
viele Parallelstellcn casarischer, messianischer, antichrisdicher AuBe-
rungen des Kaisers wie auch der Zcitgenossen zusammengetragen
wurden, soweit sie sich nicht in dem ErziihlungsfluB unterbringen
lieBen, ist eine jedem Verfasser umfassenderer Darstellungen ganz ge-
laurige Kompositionstechnik. Anders verhalt es sich sclbstverstandlich
mit der Verwendung des Gesetzbuchs : dieses ist seinem Anspruch nach
iiberzeitlich und von der Augenblickssituation demgemaB fast unab-
hangig. Es dennoch in eine solche hineinzuzwangen, wie Brackmann
es S. 544 fiir richtig halt, ist gerade methodisch auBerst anfechtbar.

»* MG. Const. II, S. 166, Z. 31 ff.

'^ Vgl. hieruber Vehse, S. 153.

i« Ebda. S. 154. " Ebda. S. 30.

36

Ernst Kantorowicz

1468]

den der Kaiser in seinem Schreiben feierte und in ihm sich selbst,
das „gottliche Werkzeug". Vor allem zur Erhohung dcs Kaisers,
kaum um seine Demut zu bezeugen^^, wird der Tag der Wieder-
gewinnung der civitas sancta Jerusalem dem der Geburt Christi, da
die Engel ihr Gloria in excelsis Deo sangen, zur Seite gestellt. Und
diese Erhohung glaube ich allerdings schon in den ersten Satzen
erkennen zu miissen, wenn es heilk : Letentur in Domino et exultent
omnes recti corde . . . Laudemus et nos ipsum quern laudant angeli. Der
Gegensatz oder besser: der Anstieg von dem lauten und iiber-
schwanglichen Jubel der omnes zu dem eher verhaltenen Andante^
in welchem Kaiser wie Engel Gott preisen, ist gar nicht zu uber-
horen. Es durfte daher gewiB nicht ubertrieben sein zu sagen, daB
hier der - ubrigens fur das Zeitalter gar nichts so Absonderliches
darstellende - Engels- oder Geniencharakter der Kaiser angedeutet
sei (S. 183), und daB Friedrich, iiber die omnes erhoben, gleich mit
den ersten Worten sich in die ihm gebuhrende Gottndhe der Engel
geruckt babe (S. 184), will man sich nicht mit der freilich todlich-
richtigen und ganz unerschiitterbaren positiven Feststellung
Brackmanns begnugen (S. 537): das Manifest enthalte ,,nichts als
eine Reihe hekannter^ aneinandergefidgter Bibelworte'^^''\

Eben durch diese Bibelworte wird als Ton auch die Weise vom
Davidkonigtum angeschlagen: der ganze Eingang ist dem David-
Psalter entnommen^o ^^d der von mir angefiihrte SchluB bringt
die Wendung, daB dem Kaiser ein Horn des Heils erhoht sei im
Hause Davids (Luk. 1, 69). Und nichts muBtc ja naher liegen, als

1* Es handelt sich hier um etwas ganz Ahnliches wie bei der Auf-
fassung der Dei-Crafia-Formcl (vgl. etwa Kern, Gottesgnadentum,
S. 304 ff.). Nur darf man fiiglich gerade bei Friedrich II. den Humilitats-
gehah derartiger Wendungen verhaltnismaBig gering, den theokratisch-
sakralen Gehalt vcrhaltnismaBig hoch in Anschlag bringen.

** Dcrartige doch schon recht seltsam anmutende Feststellungen, mit
denen man einfach nichts anfangen kann, finden sich bei andrer Ge-
legenheit nochmals wieder (S. 544), indem dort die Worte vom sacrum
imperium und der sacra majestas, die unter Barbarossa aufkamen, mit der
gleichen unumstoBlichen Richtigkeit rckognosziert werden als „Rede-
wendungen, erwachsen aus dem Stadium des romischen Rechts".

2» Vgl. die Nachweise bei Vehse, S. 154, Anm. 91.

[468/469]

,,Mythcnschau"

37

in diesem Augenblick an den mit des Herrn Geist be|gabten
Konig David zu erinnern, den Friedrich gelegentlich als seinen
Vorganger bezeichnet^i und dessen Konigtum eines der altesten
Sinnbilder kaiserlicher Gottunmittelbarkeit und gottlicher Adop-
tion der Kaiser 22 gewesen ist. Diese Lehre wie die vom character
angelicus der Kaiser kurz zu erortern und auf sie zu verweisen,
schien mir in diesem Augenblick ihrer Aktualitat geboten, da
auch diese, vielleicht nur von fern anklingenden Lehren zur
Erhohung Friedrichs beitragen konnten, dessen Gottunmittel-
barkeit, wie lang auch immer schon virtuell vorhanden, doch erst
jetzt faktisch und auf Tatsachlichem griindend sich gezeigt hatte.
Das alles aber steht dem vielfach getatigten Versohnungs- und
Friedenswillen des Kaisers durchaus nicht entgegen, wie Brack-
mann mit geradem KausalschluB zu erharten sucht. Im Gegenteil;
das zur Wirkung auf die ganze Welt berechnete Manifest besagt
ctwa, daB Friedrich trot^ des iibergroBcn Erfolges den Frieden
begehre und daB er auch als Sieger sich mit dem Papst versohnen
und in die Kirche wieder aufgenommen sein woUe trot^ der bei-
spiellosen Erhohung durch Gott, die er in allem vcrfugbaren
Glanz der Bibelsprache erstrahlen laBt und die doch so voUig ohnc
das Zutun der Kirche erfolgt war. Gerade dieses Verhalten als
friedwilliger Sieger war das GroBe an Friedrich II. und war
schlieBlich auch wirkungsvoller, als es der tappische Versuch
hatte sein konnen, durch Bibelzitate beim Papst „guten Eindruck**
zu machen.

'^^ HB IV, S. 528: noster predecessor David, rex inc/yfus Israel; vgl. HB
VI, S. 2 in dem Schreiben an Ludwig IX. von Frankrcich; ferner WAct.
I, no. 338, S. 299 in dem Schreiben an die Minoriten. Der Vergleich mit
dem trauernden David (HB VI, S. 28 ff.) gehort nicht in diesen Zu-
sammenhang.

" Mangels eincr zusammenfasscnden Darstellung dcs Davidicum
regnum (der Ausdruck z. B. bei Gerhoh von Reichersberg, MG. LdL
III, S. 282, 501) sei vcrwiesen auf die Bcmerkungen bei Eichmann in
der Herding-Festschrift, S. 268 f. ; Harnack, Christus praesens - Vicarius
Christi, Sitzb. Bed. Akad. 1927, S. 436; Kern, Gottesgnadentum,
S. 74 ff. - Fiir die Karolingerzeit speziell vgl. etwa Lilienfein, S. 28 ff.,
33 ff.

38

r.rnst Kantorowicz

[469/470]

Was nun die Wirkung des Manifests anbetrifl't, so ist es nicht
ohne Interesse festzustellen, daB durch dasselbe auch zum ersten
Male, soweit mir bekannt, jene Gegeneinanderstellung von
Friedrich II. und Christus ausgelost wurde, die spater im Hof-
lingskreise so vielfach begegnet. Denn es steht ganz offensichtlich
in engstem Zusammenhang mit dem Manifest, wenn damals
Mar|quardt von Ried, ein Geistlicher im Bistum Passau^a,
Friedrich als den famulus Dei feiert, dessen Tun zu begiinstigen
jedes der Elemente beigewirkt habe, und dann voller Jubel iiber
das befrcite Jerusalem ihn mit Christus vergleicht, well beide in
dieser Stadt gelitten batten, beide aber durch Jerusalem auch er-
hoht worden seien - Hie Deus, ille Dei pius ac prudens imitator,
Diese Feststellung ist fiir den, der nicht bloB die politischen Tat-
sachen, sondern den gesamten I^bensverlauf dcs Kaisers auch in den
zeitgenossischen Spiegelungen verfolgt, insofern von Belang, als
sich zeigt, in welcher Lebcnsphase diese Parallelisierungen an-
fingen und welches Ereignis hierzu den ersten AnlaB gab. AuBer-
dem aber schneiden sich in diesem Augenblick deutlich mehrere
Linien der Entvvicklung : nicht nur, daB der Kaiser erstmals ofFen-
kundiges Werkzeug Gottes ist und sich erstmals als solches mittels
der Bibelsprache darstellt, sondern es kommt noch hinzu, daB ihn
erstmals Zeitgenossen mit ihren Augen als den imitator und
famulus Dei sehen . . . geniigend sachliche Griinde also, um auch

" Obcr ihn vgl. Winkclmann, Jahrbiicher II, S. 78, Anm. 4. In dem
Gedicht (Contin. Scotorum, MG. SS. IX, S. 625) heiBt cs:

Subdita sunt elcmenta Deo: quos foverit ille.

Ilia fovent, e converso quos urserit urgent.

Advenicnte Dei famulo magno Friderico

Sol nitet, aura tepet, aqua buUit, terra virescit , . .

Jerusalem gaudc nomcn Domini venerarc

jMagnifica laude: vis ut dicam tibi quarc?

Rex quia magnirtcus Jesus olim, nunc Fridericus,

Promptus uterque pati, sunt in te magnificati.

Obtulit ille prior scmet pro posteriore

Et pro posterior sua sequc prions honore.

Hie Deus, ille Dei pius ac prudens imitator . . .

1470/471]

..Mythenschau"

39

ohne „mythischc Schau" die Selbstkronung in Jerusalem, so unge-
wollt sie gewesen sein mag, von uns aus als einen fiir die kaiserliche
Gottunmittelbarkeit symbolischen Augenblick anzusprechen.

Aber - um auch dies noch zum SchluB der Auseinandersetzung
zu streifen^^j die sich in den sachlichen Fragen bei einer | exaktcren
Beriicksichtigung meines Textes ohnedies eriibrigt hatte - gerade
die Spiegelungen des kaiserlichen Bildes in den Augen der Zeit-
genossen und die Wandlungen dieses Bildes im Verlaufe des
kaiserlichen Lebens bewertet Brackmann auBerordentlich gering,
ja mein betontes Heranziehen auch dieser mehr subjektiven, dafiir
aber farbengebenden Zeitquellen erscheint sogar als ein wesent-
licher Einwand gegen meine Arbeit, well dadurch Geschichte und
Mythos eng aneinanderriickten (S. 548), worin die groBe Gefahr
fiir die Erkenntnis der Wahrheit liege. Das bedeutet eine heute
Icider gar nicht seltene Unterschatzung des chronistischen (sub-
jektiven) Quellenstoffes gegeniiber dem diplomatischen (objekti-
ven) Quellenstoff - eine Einstellung, die bei Brackmann schlieB-
lich in der Forderung gipfelt, das wahre Bild des Kaisers „von der
Ubermalung mit diesen zeitgenossischen Farben zu befreien"
(S. 548). Dieser Bilderstiirmerei kann ich freilich nicht folgen,
indem ich iibcrzeugt bin, daB es auch dem „Geist der Wahrhaftig-
keit" am allerwenigsten entsprechen kann, die Vergangenheit

■i\

Nicht eingehen will ich hier auf Brackmanns Erklarung (S. 546 f.):
„Jene in Bildern und Symbolen denkende Zeit empfand solche Ver-
gleiche nicht so massiv wie wir." Aus dem namlichen Cirunde konntc
man gerade der gegcnteiligen Ansicht sein (wie etwas das neue Werk
von P. E. Schramm: Kaiser, Rom und Renovatio; Leipzig-Berlin 1929,
oft genug zeigt); trotzdem mochte ich Brackmann hierin sogar bis zu
cinem gewissen Grade recht geben: auch nach mcincr Ansicht ist vor
derartige Mythothenlogumena meist ein ,,gleichsam" zu setzen, eben um
ihnen den sozusagcn ,,schwebenden" Charaktcr nicht zu nehmen. Aber
ich bin mir auch nicht bewuBt, in der Auswertung der Vergleiche und
Bilder weiter gegangcn zu sein, hinsichtlich der Massivitiit bei der Aus-
wertung aber gewiB nicht so weit wie Brackmann sclbst, wenn cr an
andrer Stelle (Die Erneuerung der Kaiserwurde im Jahre 800. Fest-
schrift fur Hauck, Leipzig 1916, S. 126) sagt: „Von dem Vergleich
Karls d. Gr. mit Konstantin bis zur faktischcn Cbertragung der Kaiser-
wiirdc war sachlich nur ein kleiner Schritt.**

40

Ernst Kantorowicz: „Mythcnschau"

I471J

ihrer eigentiimlichen Zeit- und Denkfarbung zu berauben; denn
statt leuchtend und farbig wiirde sie damit - der Wahrheit ent-
gegen - nur farblos und grau. Hiermit mag es denn auch zusam-
mcnhiingen, wenn Brackmann sich genotigt sieht, dariiber zu
klagen (S. 548), daB ,,das lebhafte Bediirfnis unserer Zeit . . .
sich mit dem reinen positivistischen Wissenschaftsideal nicht mehr
begniigen will". Begreiflich genug, soweit es sich um Geschichts-
schreibung, nicht um Geschichtsforschung handelt. Aber bei
einem so richtigen Erkennen der Zeitlage, ja vielleicht sogar auch
des Zeitvcrlangens nach „Bildern", muB einen dann doch die
schwere Bcsorgnis Brackmanns formlich verbliiffen, mit der er
auch innerhalb der eigentlichen Geschichtsj-^r/^m/'////^ das Eindrin-
gen des bildnerischen und schopferischen Moments verfolgt, der
imagination criatrice namlich, die ihrem Wesen nach auf den histo-
rischen wie derzeitigen Wirklichkeiten griindet, nachdem doch
ganz offenbar der an den puren Tatsachen haftende realisme distruc-
teur heute nur noch wenige der ,,Wahrheitssucher", ja vielleicht
nur diese selbst befriedigt.

ONE HUNDRED TENTH
COMMENCEMENT

LAWRENCE COLLEGE

JUNE SEVENTH

N

INETEEN HUNDRED FIFTY-NINE

APPLETON, WISCONSIN

ORDER OF EXERCISES

PROCESSIONAL

From the Oratorio Judas Maccahaeus

LaVahn Maesch

Handel

INVOCATION

HYMN (St. Anne)

W. Croft

Our God, our help in ages past,

Our hope for years to come,
Our shelter from the stormy blast,

And our eternal home.

Before the hills in order stood.

Or earth received her frame.
From everlasting Tliou art God,

To endless years the same.

A thousand ages in Thy sight

Are like an evening gone;
Short as the watch that ends the night

Before the rising sun.

Our God, our help in ages past,

Our hope for years to come.
Bo Tliou our guard while life shall last,

And our eternal home.

— Isaac Watts

COMMENCEMENT ADDRESS

Ben W. Heineman
Chairman, Chicago and North Western Railway System

VOCAL DUETS

"Bei Mannern, welche Liebe fuhlen," from The Magic Flute

Mozart

Notturno, from Don Pasquale

DuLCY Berlin, Soprano

Carroll Gonzo, Tenor

Ronald Leu at the Piano

Donizetti

CONFERRING OF DEGREES IN COURSE AND AWARDING
OF AIR FORCE COMMISSIONS

Bachelor of Music
Bachelor of Science
Bachelor of Arts
Master of Science
Doctor of Philosophy

CONFERRING OF HONORARY DEGREES

Caroline S. Peckiiak — Master of Arts

President Emerita, KAvassui Junior CoUcge and
High School, Nagasaki, Japan

Ben W. Heineman — Doctor of Laws

Chairman, Chicago and North Western RaUway System

P II Glatfelter — Doctor of Laws

Chairman of the Board, P. H. Glatfelter Company

Ernst H. Kantorowicz — Doctor of Humane Letters

Professor of History, The Institute for Advanced Study

HYMN (Duke Street)

/. Hatton

O God, beneath Thy guiding hand

Our exiled fathers crossed the sea;
And when they trod the wintrj' strand.

With prayer and psalm they worshipped Ihee.

Thou heard 'st, well pleased, the song, tlie prayer;

Thy blessing came; and slill its power
Shall onward, through all ages, bear

The memory of that holy hour.

Laws, freedom, truth, and faith in God
Came with those exiles o'er the waves;

And where their pilgrim feet have trod,

The God they trusted guards their graves.

And here Thy name, O God of love.
Their children's children shall adore,

Till these eternal hills remove.

And spring adorns the earth no more.

— Leonard Bacon

BENEDICTION

RECESSIONAL

Allejrro Maestoso, from the Water Music

(The audience is asked to remain standing until the
Academic Procession has left the auditorium)

Handel

HONORS AND PRIZES

PHI BETA KAPPA

Mary Louise Adams
Dorothea Sitz Biniiammer
Richard Walter Bjornson
David Elmer Hansen
John Edward Harris
James Edward May
Waltoessa Allen Molsberry
LiSL Neuman

Nathan Marsh Pusey, Jr.
Nancy Johanne Rentner
Peter Austin Saecker
Mary Kathryn Shaw
David Alan Smith
Gaar William Steiner
Lysbeth Lora Vaillencourt
Judith Ann Walsh

PI KAPPA LAMBDA

Ronald William Leu
Patricia Ann Miller

PRIZES

The Lewis Prize to the Senior of Most Excellent Record — Peter
Austin Saecker, of the Class of 1959, Appleton.

The Spector Award, to the Outstanding Senior — Dorothea Sitz
Binhammer, of the Class of 1959, Waterto^^•ll.

The Otho Pearre Fairfield Prize Scholarship, to a Junior Showing
Gpeat Promise of Distinguished Service in the Promotion of Human
pSogrebs - Marilyn Carol Low, of the Qass of 1960, Evanston, Hlinois.

The Warren Hurst Stevens Prize Scholarship, to ,^ J^^^l^^^^^^^^,f_!^„
tinguisiied for High Scholarship and Useful Activity in College
Affairs - Theodore Lyle Steck, of the Class of 1960, Highland Park,
Illinois.

The Iden Charles Champion Cup, for Excellence in Scholarship
Athletics, and College Spirit and Loyalty - David Campbell
Mulford, of tlie Class of 1959, Rockford, Hlmois.

The Iden Charles Champion Prize in Commerce and Industy - Rogelio
Segura Lleraudi, of the Qass of 1959, Milwaukee.

The Hicks Prize in Poetry - James Peter Beck, of the Qass of 1959,
Appleton.

The Hicks Prize in the Short Story — Mary Louise Adams, of the Class
of 1959, Okemos, Michigan.

The Alexander Reid Prize in English - Thomas Philip Qement, of
the Class of 1959, Appleton.

THE TiCHENOR Prize IN ENGLISH - Robert William Swain, Jr., of the
Class of 1959, MHwaukee.

The Herman Erb Prizes in German —

First Prize — Miriam Aim Spiegel, of the Class of 1959,

New York, New York.

Second Prize — Emily Whitney Stong, of the Class of 1962,

Milwaukee.

The Business Man's Prize in Latin — Sue Grace Butler, of the Class of

1960, Ludingtou, Michigan.

The Peabody Prize in Latin — Patricia Ann Trambauer, of the Class of

1961, Oshkosh.

The Baker Prize in Modern Languages — Gretchen Luitwieler Doucette,
of the Class of 1959, Winchester, Masaaehusetts.

The Kalpii White Prize in Mathematics
the Class of 1961, Chicago, Illinois.

Phyllis Emma Spinner, of

The Phi Beta Kappa Freshman Scholarship Cup — Ashley Thomson
Haase, of the Class of 1961, Crystal Lake, Illinois.

The Phi Beta Kappa ScHOLAiiSiiiP — Donald Robert Niemi, of the Class
of 1960, Watertown.

The Pi Kappa Lambda Freshman Award — Laurine Kosetta Zautner, of the
Class of 1962, West Bend.

The Pi Kappa Lambda Sophomore Prize — Carol Lucille Nohling, of the
Class of 1961, Kenosha.

The Performer's Prize in Music
1959, Evauston, Illinois.

Patricia Ann Miller, of the Class of

The Reserve Officer's Association Medal, Awarded to the Most Out-
standing Air Science III Cadet — Kenneth Eugene Ilaeberle, of
the Class of 1960, Milwaukee.

The Atr Force Association Mfj)al, Awarded to ti?e Most Outstanding
Air Science IV Cadet — John Russell Ross, of the Class of 19d9,
Chicago, Illinois.

The John II. Scidmore Memorial Awap.d, Presented for the First Time
This Ye.vr to the Senior Man Who Best Exemplifies Academic
Diligence, Service, and Genuine Interest in and Loyalty to JLs
Classmates — Duncan Clyde Burdick, of the Class of 1959, Buffalo,
Wyoming.

DEGREES AND COMMISSIONS

BACHELOR OF MUSIC

DuLCY Berlin
Thomas Frank Christie
Judith Lee Fabrick
Carroll Lee Gonzo
Juliet Nell Good
Helen Jane Grosnick
John Frank KoMO.tosKE
Grace Elizabeth Lanoendorf

John Ali'ON

Nancy Joann Lock
Marilynn Virginia Lyon
Barbara Rae Miller
David Guy Patton
Mar jo Smith
Shirley Je-\nne Spanglee
Ruth Carol Wangerin
Marguerite Graass Whipple
Wichman

BACHELOR OF MUSIC, cum laude

Ronald William Leu
Patricia Ann Miller

BACHELOR OF SCIENCE

David Frank Berganini
Henry Joseph Blanchard
Robert Frederic Cihak
Henry Harman Hurley

Thomas Aldert Johnson
Edmund Garrett Nash
Richard SAMUFJi Ostergren
Gregory Bell Smith

BACHELOR OF ARTS

James Franklin Adley
Frances Jean Adomeit
Barbara Diane Adrian
Ann Elizabeth Alexander
Donald Andrew Andler
Irene M^vry Barbeau
Henry Lee Beekley, Jr.
Joseph Frederic Paul Belanger
Richard Harold Bergman
David Gifeord Bigford
Rachael Anne Bizal
Sally Louise Cantwell
Craig Edward Castle
Ronald Gale Christianson
Thomas Philip Clement
Neil Patrick Collins
Michael Dow ell Cusic
Jack DerHovsepian

Richard Arthur Devine
William Gerald DeWitt
Edward Lee Doemland
Philip Schmidt Dorchester
Gretchen Li'ITWIeler Doucette
Margaret Louise Evans
Nancy Taylor Gernon
Albert Weston Gray
JuuA Elizabeth Guhr
Judy Elizabeth Hallett
Jon Oliver Hanson
Robert Don Heidorn
Anne Young Homann
William Whelden Jenkins, Jr.
John Hartley Kehr
Robert Lincoln Keiser
Mary Alice Kett
David Attrens Kopplin

I'-'- *

SusjLN Maky Kbog
Wayne Wesley Ksonquist
Betty Marie Kuether
BOBERT Charles LaEose
John Tonkin Leatham
Michael Lepawsky
Richard Lowell Lintvedt
Carolyn Georgiana Lohman
Richard Alan Malcomson
Alan Elmer Marqvardt
Daniel Leigh Molsberry
Nancy Mayer Morton
Peter Richard Negronida
Joan Marie Nelson
CoRiNNE Lee Niemz
Nancy Laurel Getting
Judith ^iLlkcia Pedersen
George Nathaniel Pratt
Jon Robert Rasmussen
James Frank Reiskytl
Abigail Gardner Rosegrant

James

John Russell Ross
John Frederic Ruf
Patricia Helen Sadler
James Stanley Schater
Karl Josef Schmidt
Carl George Schwent)leb
Robert Andrew Sharp
^Miriam Ann Spiegel
Lucy Sohner Staack
Susan Claire Stevens
Jesse Gilbert Swift III
Paul Lawrence Tuteu^
Gordon John Van'Develd
Cynthia von Storch
Cynthia Louise Toss
Peter Van Buren Walch
Suzanne Margaret Walter
DA^^D Morris Warner
Ruth Mary Weber
Wilburn John Weber
Jacqueline Ann Wells
Oliver Young

COMMISSIONED 2nd LT., UNITED STATES AIR FORCE

RESERVE

Donald Andrew Ant)ler
David Frank Berganini
Thomas Pihlip Clement

Philip Schmidt Dorchester
William Henry MacArtiiue
Robert William Swain, Jr.

BACHELOR OF ARTS, cum laudc

Auce Hull Cowan
Kathleen Ann Dempsey
Carol Andrea Fallon
^LiRGARET Elizabeth Glynn
Ruth Esty Harris
Carter Charles Johnson
Karen May Kenngott
John Bell Liebenstein
William Henry MacArthur
Waltressa Allen Molsberry

David Campbell Mulpord
Francis Brooks Nemacheck, Jr.
Dennis Russell Odekirk
Nancy Johanne Rentner
Paula Iversen Schildhauer
Mary Kathryn Shaw
David Alan Smith
Robert Wiluam Swain, Jr.
Lyseeth Lor a Vaillancourt
Joan Da\is Warren

BACHELOR OF ARTS, magna cum hude

Mary Louise Adams
Richard Walter Bjornson
Duncan Clyde Burdick
Sarah Ann Cameron Keller
Jerome John Knuijt

Rogelio Segura Llerandi
James Edward May
LiSL Neuman

Nathan Marsh Pusey, Jr.
Gaar William Steiner

i

Judith Ann Walsh

BACHELOR OF ARTS, summa cum laude

James Peter Beck
Dorothea Sitz Binhammer

David Elmer Hansen
John Edward Harris

Distinguished Military Graduate

Dennis Russell Odekirk
John Russell Ross

MASTER OF SCIENCE

James Edward Beatty

B.S. in Ch.E., Drexel Institute of Technology', 1957

Joseph George Bekgomi, Jr.

B.S. in Ch.E., University of Maine, 1956

Donald Harry Carlson

B.A. in Chem., Cornell College, 1956

Samuel Howard Dorciieus

B.S. in Ch.E., University of Idaho, 1957

Frederick Maurice Dunwell

B.S. in Ch.E., Michigan College of Mining k Technology, 19o7

Edward Francis Elton

M.E., Stevens Institute of Technology, 1957

James Albert Haggerty

B.A. in Chem., Colgate University, 1957

Rol'Ert Lewis Jones

B.Ch.E., Rensselaer Polytechnic Institute, 19o7

Karl Vincent Kraske

B.S. in Ch.E., University of Maine, 1957

John Alan Mattor

B.S. in Chem., Bates College, 19o7

William Thomas Myers, Jr.
B.E., Yale University, 1957

Ronald Leonard Oit .

B.S. in Ch.E., University of Wisconsin, 19o7

James Lowell Parker

B.S. in Chem., Lawrence College, 1957

Peter Austin Saecker

'W^^^^^^^^^^

'""'Ts'^If S.«>:'E°rBtcr Institute of Tochu„l«E>-. 1«57

''"■ B.a i>fa™n'r\^s,"mrstut,e College (Steven. Point), 1953

Charles Waruen Spalding

B.S. in Ch.E., IlniverBity of WiBconsm. 19...

David Lawrence Taylor

B.S.E., Priiieeton University, lifoi

Patrick Casey Trotter

B.S. ill Chmu., Orejron State College, ]9..7

Maung Kyaw-Tun .

B.S. in Chem., Ranfroon rmvcrsity, 19^5

Frank David W.iBEus

B.S. in Chem., ITniversity of Wisconsin, 1955

DOCTOR OF PHILOSOPm^

*Charles Wesley Carroll •. inro

BS in riant Science, 1 ale University, 19o-
MS Lvrrence College (The Institute of Paper Chemistry-), 1956
ATopnrati<y,is itcsearch Approach to the Lcovmnirs
Optimisation of a Kraft Puliring Troces^

RicnARD Henry Cordtngly

BS in ChE.. UniverBitv of Colorado, 19.)ii

MS. ia^reni-e College "(The liiBtitute of Paper Chemistry), 195;.

An InvcsHpatiov of the Sulfonic Acids Derived

from Xylose and Arahinose

Thomas Peter Czepiel

B A, in Clieni., Wealeran University, 19i>4

MS Lawrence College (The Institute of Paper QienuKtry , 19;.r>
The Influevce of Selected Metal Traces on the Color
and Color StahilUy of Purified Cotton Lmters

Arnold Charles Eames

B.M.E., ReiiBselaer Pohteclmic insurute 1».)J

M.S., Lawrence College (The Institute of Paper Chennstry), 19.,6
The Transverse Tensile Strenpth of Clap-Starch
Coatings as a Function of Adhesive Distribution

Horace Brottn Eabei;. Jr.

B.S. in Chem.. Tale University, 19;)4 • ^ x nor-

MS LaAvrence College (The Institute of Paper QienustrA), 19.>^
'The MethanohExtractahle Aromatic Materials w the
Inner Harl of P. tremuloides

Roi;ert George Guide

B.S. in Chem.. University of Omaha. ]9;»4 „. n iof;R

M.S.. Lawrence College (The In-—' of Paper QiemistryV 1956
A Study of the Sodiuw Al,n -Ahcciaie Size Precipitates

William Holtzman

B.S. in Ch.E., Pennsylvania S,tnte College, 1953
M.S., Lawrence College (The Tnsrtitut* of Paper Chemistry), 1955
The / ' ' n of the Ti- heeic Theory

to thi .^ -. '.V of Kaolvni . .\.,..,mj5

Otto Ji^lius Kallmes

B.S. in Cli.E., Nori^'- '^'em Univc-"^- 1954

M.S., Lawrence 0- . (The li.^ of Paper OhemistryV 1956

The Distribution of the Constituents Across the

Wall of Vnhloached Spruce Sulfite Fibers

David John Kraske

B.S. in Pulp & Paper Tech., Western MicJiigan C-ollege, 1953
M.S., l^iwrence College (The Institute of Paper '" " > ), 1956

Methods for the Evaluatum of the Physical .-. „.,^ .

of Clay-Starch Coatvtig Films

Dan Wells Man son

B.S. in Chem., University of Vermont, 1954
M.S., Lawrence College (The Institute of Paper Cliemistry), 1956
The Leuc-oanthocyanin from Black Spr-uci Inner Bark

Leo Francis McDonnell

B.S. in Ch.E., University of All^erta, 1948

M.S. LawTence C " (The Institute of "^ ■ Chemistry), 1955
A Study of .,., V hemuioi and Physu... . .angcs Affecting
Strength during the EypocMoriic Bleaching of Neutral
SvXfite Semichemicai Aspen Pulp

Vincent Anthony Russo

BCli.E., Rensselaer Pohtechnic Institute.. 1952

M.S., Lawrence College (The In.'Ttjlute of Paper Chemistry), 1954

Sorption F' ^ a Modified Locust Bean Gum

on a Blea.i..^ : ^ 'i-^-e Pulp

•'O-

Wally ZwoLiNSKi Walters

Ch.E., University -^ '^^-'•-T' ^ -. s lo--

M.S., Lawrence ' tute of Paper Chemistry), 19oo

The Effect of Elevated lemperaturcs on the Neutral

Sulfite PvXpviig Process

•Recipient of the WeBt.bro(»k St-eele Medal for Excellence of Thesis

LAWRENCE COLLEGE

APPLETON, WISCONSIN

OFFICE OF THE PRESIDENT

May 27, 1959

Dear Mr, Kantorowicz,

I am glad that you have been in such good hands recently, because
the letter that you should have received from me about May 1st
was evidently lost along the way. (So I realized frcxn a recent
conversation with Gordon. ) I quite understand your desire to
have a little peace and quiet during the week end, and we shall
respect it with a room in a hotel if you really feel that that
would be the most comfortable. Since the one nearest to us
seems to be reconstituting itself like a crab at the moment, how-
ever, I wonder if you would consider staying in our own guest
room. It is quite separate from the rest of the house, and you
could be as free as though you were in a hotel. I think that
you might, in addition, be a little more tranquil; but we shall
be happy to make the arrangement which seems better to you.

We shall be delighted to provide a cap and gown, unless you care
to bring your own. All that you need do is tell me the appropri-
ate size for each.

Prom what Gordon tells me, you will be reaching here on Saturday
afternoon. Our arrangements for Commencement itself are straight-
forward enough, and we can discuss them briefly after the luncheon
on Sunday noon.

I hope very much indeed that you will be able to stay until Monday
morning, so that we can catch at least a glimpse of you. We have
mutual friends both at Berkeley and at Princeton, and this makes
us look forward all the more to the privilege of having you here.

Yours, as always.

(xSk,-ui-^o£a-d. ufeC-u^L-o^^

Douglas Knight

Mr. Ernst H. Kantorowicz
22 Alexander Street
Princeton, New Jersey

LAWRENCE COLLEGE
APPLETON, WISCONSIN

OFFICE OF THE PRESIDENT

June 16, 1959

Dear EKa,

Thank you so much for your letter. I feel, just as you do, that
the greatest privilege of the week end for us was that of having
you with us as our unknown guest and then, almost immediately,
our friend. I shall look forward to the very great privilege of
seeing you in the fall. I know that I shall have a trip East in
mid-October; and if it turns out at that time to be at all con-
venient for you, I shall certainly try to get to Princeton.

Meanwhile, Grace joins me in sending you our very warmest
wishes; and I know that the s\immer at Tahoe will be a great
success.

^

Dou^lai Knight

Kr. Ernst H. Kantorowicz
22 Alexander Street
Princeton, New Jersey

P.S. Stephen promises that when you next see him, he will talk
completely in finished paragraphs.

LAWRENCE COLLEGE

,^vv/e/on^ /Wisconsin

At the Commencement Exercises held at Appleton, Wisconsin,
Sunday, June 7, 1959, the honorary degree of Doctor of Hiimane Letters
was conferred upon Ernst H. Kantorowicz.

THE PRESENTATION

By Gordon Griffiths, Professor of History at Lawrence College

Mr. President: I have the honor to present Ernst H. Kantorowicz,
Professor of History at The Institute for Advanced Study, for the hon-
orary degree of Doctor of Humane Letters.

THE CITATION

By Douglas M. Knight, President of Lawrence College

A man of true eminence is like a mountain — respected from
a distance, often ignored, and seldom explored. You have been trium-
phant in these lonely demands of your calling. World expert in the
theology of kingship, you have transcended our trite image; you have
shown us that the scholar is also the conscience of his world. Twice
exiled for your convictions, you have spoken for all to hear the age-
less right of the scholar to voice his own best insight.

Through your courage, and the matchless discipline of your
learning, you have earned the human triumph visioned by another great
exile; in Dante's words, you are crowned lord and ruler over yourself,
By the authority vested in me, I confer upon you the degree of Doctor
of Humane Letters, honoris causa, and admit you to its rights, its
privileges, and its obligations.

-^ ^

^nxams.

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alfr Cntstrcrt uf

Xpplctim

Hlisrnniiiu

Cliniiigb till* agwiry uf tlfc ^JiTsibintt uf tl|c (^DllegP tjaUe ahraittph

to ttjp Ijonorary h^gree af

Boctor of Pumane ^^Itcrs

anh Ijaiir nnifrmb upon l|im. in rrrorjtiitinn iif bis ittrriturious orhirttptnrnt.
alltliP H^bts.priuilr^cs. hmTors. anb inaignia tobirh hcFc or fbriobere
arc arrorirb to rcripimts of tljis BrgnT.

(Sium at J^pplftoTT . Bisrmtsiu . this seu^ntli iao of ^Junc,

in the yrar of ^)ur forbAic Chuiisaub JCinr Ifiuubrcii auh Jftfto-ntnt.

/l ^r^«^^rltt^ tl]f (fulle^e

I

I'

THE MEDIAEVAL ACADEMY OF AMERICA

Telephone: TRowbridce 6-5823
OFFICERS

WILLIAM EDWARD LUNT

President

ALBERT MATHIAS FRIEND, JR.

First Vice-President

ALEXANDER A. VASILIEV

Second Vice-President

HARRY CAPLAN

Third Vice-President

JOHN NICHOLAS BROWN

Treasurer

CHARLES WILLIAMS JONES

ClerK

Constituent of The American Council of Learned Societies

1430 MASSACHUSETTS AVENUE
CAMBRIDGE 38, MASSACHUSETTS

Executive Secretary
CHARLES R. D. MILLER

Assistant Secretary
VAN CX)URTLANDT ELLIOTT

Cable Address: 'Speculum, Cambridgemau'
COUNCILLORS

CHARLES JULIAN BISHKO
MRS. ROBERT WOODS BLISS
MANFRED F. BUKOFZER

SUMNER MCKNIGHT CROSBY

ERNST KANTOROWICZ
FLOYD SEYWARD LEAR

LOREN CAREY MACKINNEY
KEMP MALONE

WILLIAM MATHEWSON MILLIKEN
CHARLES EDWARD ODEGAARD
FRANCIS LEE UTLEY
BERTIE WILKINSON

1 May 196,'^

Dear Dr. Kantorowicz,

It is my pleasant duty to inform you that, at
the twenty-eighth annual meeting of the Corporation,
held in New York on 17 April 1963, you were elected
a member of the Council of the Mediaeval Academy for
a term of three years •

As you doubtless know, the Council meets but
once a year. In the interim, its functions are
exercized by its Executive Committee, meeting four
or five times a year in Cambridge. Dockets and minutes
of the Executive Committee meetings are sent to all
members of the Council to keep them informed. Members
of the Council have the right to attend meetinp;s of
the Executive Committee and vote, and it is hoped that
you will do so if you happen to be in the neighborhood
of Cambridge when a meeting is scheduled. Any matter
you wish the Executive Committee to consider may be
communicated to the Executive Secretary for transmission.

Yours faithfully.

^/^ /^. I ?hJL

Charles R. D. Miller

Professor Ernst Kantorowicz
22 Alexander Street
Princeton, New Jersey

I

I

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f^y //ff ff^ .af/^yi^/^^>/^y^>yf /?y<^rr/f i/</f/ ////:r^ya/ .

^

^/wx/^ r/i/y^r^ r y/<€iciyp^^*J

/^^//rv^

5/^/i^ C&^i^ i'<fyrd f/i^

today you were appointed Visiting Lecturer with

rank of Professor for one year, September 1962 to June 30,
1963.

<'f^

f^^^^"^

Professor Ernst H. Kantorowicz

Princeton, New Jersey

January 12, 1962

cA/i U/f/ rf^r^if^fj

/////-^V///^ ry//^ r^y>/^!uy^> /}

YT/

//rr

/r-A/ today you were reappointed Visiting Lecturer with
rank of Professor for one year, September 1963 to June 30,

1964.

tfUxL

tj/e^^'f^f/y r'J //f^ f//t/*'^ro</y

Professor Ernst H. Kantorowicz
Princeton, New Jersey

June 17, 1963

ERNST H. KANTOROWICZ

Ernst Kantorowicz, born in Germany, educated at Berlin. Munich
and Heidelberg, now a professor at the Institute for Advanced
Study at Princeton. Biographer of Frederick II. his desire
for knowledge is as wide and varied as that of his hero. He
has shown how knowledge of mediaeval art and literature may
aid the student of constitutional and legal history. Like
Frederick again, he has been interested in all the devices by
which the state acquired the mystical attributes of the Church.
A staunch upholder of academic liberty, founder of the new
discipline of political theology, we are glad to welcome him
as a Fellow of the Mediaeval Academy.

THE MEDIAEVAL ACADEMY OF AMERICA

1430 MASSACHUSETTS AVENUE

CAMBRIDGE, MASSACHUSETTS

5 February 1956

Dear Lr Kantorowicz:

I have the honor to inform you of your election
as a Fellow of the Mediaeval Acaderi/ of America, in
recognition of your distinguished contributions to
mediaeval studies.

The formal announcement of your election and the
ceremony of induction of nev/ly-elected Fellows will
take place at the Annual Meeting of the Fellows in
April.

I take this opportunity to offer my own hearty
congratulations on your election as Fellow, and 1 look
forward to he d ring from you that you will be able to
attend the meeting of the Fellows on Friday afternoon,
27 April 1956, and the meeting of the Corporation the
next monaing. Both meetings will be held at the Hotel
Commander in Cambridge, /lassachusetts •

I enclose a copy of the By-Laws of the l/iediaeval
Academy of America and call your attention to Section 9.

Yours faithfully.

Charles R. D. Miller
Secretary to the Fellows

Dr Ernst Kantorowicz
22 Alexander Street
Princeton, New Jersey

•< ■

REPORT OP THE COMMirTi:*:E ON AWAhD OF 1'

SK.li>l.

\L

The Committee is unanimmja in voting to award the ''^.r.^v^r>.r.
Medal to Ernst K. Kantorov/icz of the Institute ^^t* Advanced Study
for his book The Kinp;^s Two Bodies; A Study in Iviedia^^vrii i'[i.eolog;y.
published by the Princeton University Press in 1957.

This distinguished work studies the mystic fiction of
"tv/in-born majesty" in its long tradition ^>^d complex history,
penetrating, with insight and perspicuity, deeply into the le^ax,
political, religious, philosophical, economic, and artistic
life of the Middle Ages; and its fabric of wide and profound
learning is woven with consummate art. The King's Two Bodies
will belong among the basic, and classic, v;orks on Constitutional
History,

Respectfully submitted.

Harry Caplan

Grace Frank

S. Harrison Thomson, Ghainnan

i

V

6 June, 1965

The Secretary to the Fellows
The Mediaeval Acad^^y of Anierica
1430 Maaaachusetts Avenua
Cainbr i dge , Ma8i»uc iiu^e t ts

Lear Sir:

in 1959 The Mediaeval Acadany of Aii.erica awarded its Haakina
Medal to the late Dr. l^^rnat Kantorowicz of the Institute for Aavanced
Study, >Vinceton. Kollowing his death in 1963, the Medal canie into
my poaseaeion (1 am Ua niece and one oi his faw heirs). 1 an con-
cerned about the propriety of keeping this token of a very dpecific
honor conferred u .on a diatingruiehed sUoXar nmi i'*ellow of your Acadeiay
and 1 v/oader whether tba Medal could not and should not be returnad
to the Acadengr to ba kept by it or otiierwiaa be diapoaed of. I should
be happy to ba i^uidad by your advice in this matter, and rci.u\in,

Yours faithfully.

(Visiting Professor)

P.S. 1 shall be leaving the country for a matter of t^roe weeks toward
\he end of thia nonth, but shall be in Philadelphia )>etwaen the
and of July and the end of Au^at*

\

f

I

THE MEDIAEVAL ACADEMY OF AMERICA

• OFFICERS

ALBERT CROIX BAUGH

Presidmt

PAtTL O. KRISTELLER

Ttrst Vice-President

ITIBAN TIOM-R HOLMES

Second V tee -President

PEARL KIBRE

Third Vice-President

JOHN NICHOLAS BROWN

Treasurer

TAYLOR STARCK

Clerk,

Consul ucnt of The American Council of learned SocieUes

1430 MASSACHUSETTS AV^ENUE

CAMBRIDGE, MASSACHUSETTS 02138
Telephone: TRowbridge 6-5823

Executive Secretary
VAN COURTL.\NDT ELUOTT

Administratite Assistant
EMILY ]. FOOKS

COUNCILLORS

TURPIN BANNISTER
THOMAS C. CHl-'BB
MARTIN M. CROW
RUTH J. DEAN
NORTON DOWNS

MARCUS «. GOLDMAN
ROBERT STIART HOYT
ROBERT A. KOCH
BRVCE D. LYON

ERNEST A. MOODY

CARLETON S. SMITH
SYLVIA L. THRUPP

8 June 1965

a-'

Dear Professor Salz^

There is no question of propriety in
your retaining the Haskins Medal of your
uncle, Ernst Kantorowicz. We shall always
remeiBber him with affection, for he was one
of the jolliest and best-liked of the group.
Ke are glad that the medal will remain with

the family.

Yours faithfully,
Secretary to the Fellows

Professor Beate R. Salz
Department of Anthropology
University of Pennsylvania
33rd and Spruce Streets
Philadelphia 4, Penna.

»^

DEI TSCIIES ARCHAOlOinSCUKS INSTITIT

ZFNTRAI.DIRFKT10N

TGB.NR

1586. S3

BERLIN W 30 M AIKNSTR ASSK 1
FERNSPRKCHFR: 24 fi2 92

DEN 5. November 1953

E

Professor Dr. S. Kantorowicz

Princeton
University

Sehr geehrter Herr Professor !

Hierdurch beehre ich mich, Ihnen mitzuteilen, dai die
Zentraldirektion ces Leutschen Archaologischen Instituts in
ihrer diesjahrigen Gesamtsitzoing einstimmig die Absicht aus-
gesprochen hat, Sie zur nachsten leier des ^incisielmanntages,
den 9,Lezember 195? s z'^i™

Ordentlichen Mitglied des Instituts

zu ernennen. Ich ware flir eine Mitteilung dankbar, ob Sie

die Wahl anz^jmehmen bereit sind, die Ihre Verdienste um die
archaologiBche Wissenschaft wiirdigen una den Wunsch nach einer
engeren Eeziehiing zim Institut zum Ausdruck bringen mbchte.

Zur Srganzung unserer Mitgliederliste darf ich bitten,
die beigefiigte Karte ausgefiillt zurucksenden zu wollen.

Hit vorziiglicher Hochachtung
bin ich

Ihr sehr ergebener

IVuJjO^

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Professor Dr. ^. Kantorowicz

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Princeton/ USA

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University

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Bedin V 30. Maieneuafie 1

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i

TRUSTEES FOR HARVARD UNIVERSITY

Dumbarton Oaks Research Library and Collection
Georgetown, Washington, D. C.

MASSACHUSETTS HALL
CAMBRIDGE, MASSACHUSETTS

Sir,

I beg to inform you that at a meeting of the Trustees for

Harvard University held September IB, 1950

you were appointed

Visiting Scholar

of Dumbarton Oaks Research Library and Collection

to serve for the second half of the academic year 1950-51.

Your obedient servant,

i^Cuv^vx/.

to. ^

Secretary

Professor Ernst H. Kantorowicz

TRUSTEES FOR HARVARD UNIVERSITY

Dumbarton Oaks Research Library and Collection
Georgetown, Washington, D. C.

MASSACHUSETTS HALL
CAMBRIDGE, MASSACHUSETTS

SIR,

I beg to inform you that at a meeting of the Trustees for

Harvard University held June 6, i960
you w^ere appointed

A Member of the Board of Scholars

of Dumbarton Oaks Research Library and Collection
to serve for one year from July 1, i960.

Your obedient servant,

'--Oaxx^'

oc uO . \

cretary

Professor Ernst Kantorowicz

TRUSTEES FOR HARVARD UNIVERSITY

Dumbarton Oaks Research Library and Collection
Georgetown, Washington, D. C.

MASSACHUSETTS HALL
CAMBRIDGE, MASSACHUSETTS

Sir,

I beg to inform you that at a meeting of the Trustees for

Harvard University held May 15, 1961
you were appointed

a Member of the Board of Scholars

of Dumbarton Oaks Research Library and Collection
to serve for one year from July 1, 196I.

Your obedient servant,

cX

UJ- «

Secretary

V

Professor Ernst H. Kantorowicz

TRUSTEES FOR HARVARD UNIVERSITY

Dumbarton Oaks Research Library and Collection
Georgetown, Washington, D. C.

MASSACHUSETTS HALL
CAMBRIDGE, MASSACHUSETTS

Sir,

I beg to inform you that at a meeting of the Trustees for

Harvard University held May 21, 1962
you were appointed

A member of the Board of Scholars

of Dumbarton Oaks Research Library and Collection
to serve for one year from July 1, I962.

Your obedient servant,

ri^

cJL (aJ. y

Secretary

Professor Ernst Kantorowicz

TRUSTEES FOR HARVARD UNIVERSITY

Dumbarton Oaks Research Library and Collection
Georgetown, Washington, D. C.

MASSACHUSETTS HALL
CAMBRIDGE, MASSACHUSETTS

Sir,

I beg to inform you that at a meeting of the Trustees for

Harvard University held June 3, 1963
you were appointed

A Member of the Board of Scholars

of Dumbarton Oaks Research Library and Collection

to serve for one year from July 1, 1963.

I

Your obedient servant,

'^^1^^.

U. LaJ- '

Secretary

Professor Ernst Kantorowicz

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N9 545136

Aliens Order, 1920.

CERTIFICATE OF REGISTRATION

To be produced by the holder when —

{a) he reports to the Police that he is about to
change his residence, or to cease residence
in the United Kingdom ;

(6) he reports to the Police on his arrival in
a new district that he has changed his
residence ;

(c) he presents himself at a Police Station
for any purpose connected with his
registration, or

(d) the Police or an Immigration Officer
demand its production.

Registkation Cektificate No
Issued at

ON

Z/r^l'^ ^^

Name (6'arriame fi;rst in Roman Capitals) y^

t<^iii<jKMiCZ,

Alias

Left Thumb Pri"
(i/ unable to sigv
in English Choi

Signature I
of Holder )

K

Bam on...:!^y..^...../..7.w....rn

....^...\

oQjuyy

Single or Married

AddrsM of j
Regideniee ^

A K

" 77 — ~± —

Pa89port iffr othe/ papers as JoJlfiMhona^tif cmd l^ekhty.

y^^e^nm*. U.a^./J)^-.A»^ S^A.

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fi

r>

errr

ENDORSEMENTS AM) REMARKS.

. to land (J^^t/IMA^

■<<' . ';M y'«^ — *t4 — fvn-i

t-4^* — ►u'lO^^ find

on

Of^i^' /if^^^^' (Uui {Z^tcp rn^rr auei/^

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/^'{yC'^l/U^

/^C'^J^-^-'-^^^^

(7^ i

s

ENDORSEMENTS AND REMARKS.

Of

Than

ENDORSEMENTS AND REMARKS.

ENT)ORSEMENTS AND REMARKS.

BLANK PAGES OMITTED

u

ENDORSEMENTS AND REMARKS.

T

i

t

Received the sum of 1/- for this

certificate.

:<i

i

Registration Offic^.

Date ikyf^

NOTICE TO THE HOLDER OF THIS CERTIFICATE.

1. PcfoH! yoii effect a permanent change of residence (from the
last adik'^sp shown in this Certificate) you niUbt give the Police
of the District in which yoii reside yournow address and the
date on which you intend (o move.

2. If your new residence is in another Police district you must,
within 48 hoxua of your arri\al there, report to the Police of
the new district.

8. A temporary al)Pencr of less than three rnonths from your per-
manent residence need not l)e reported, but if sucli absence
exceeds th*--"' "-ontiis you must report your t^jmporary address
and all - ent chan^'cs of address (including your return

home) to iiic i'olico of the district where you are r^sistered.
This mnif be (tone by letter,

4. If you stay at an hotel, lodKinu-house, board iuK-house or other
place where lodRlnR Is pnnidr ' ' - payment, you must, on
arrival, write your name, nai ••, and the address from

widch you liaM- come, and, t^tfore Uaving, nmst write the
address to which you Intend to go in the register provided for
the purpose.

6. V' ■ ,. r • r ■ ' ,. district wliere you are

re . , . ge in any of the personal

partieiihus niveu within (iiirluding l^rofession or occupation),
also Marriage, Divorce, and death of husband or Mife.

6. Your chiMrcn, if not British, must lukve separate Certificates
when they reach the age of 16.

Failure to comply with any of the above requirement*--

Making any falee statement with retard to regittration or
with regard to thii ceitificate —

Altering this certificate or any entry upon it-
Refuting to produce this certificate at directed upon the front

Having 'in potaetsion or using without lawful authority any
forged, altered, or irregular certificate, passport, or other docu-
ment concerned with registration will render ^ offender liabio
to be detained in custody and to a fine of £100 or tn montht
imprisonment.

(4589) 25153:594. 15M. 1/34. M. A S., Ltd.* Cp. 643

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IPoljnort (Kreis):

Strage (£?ausnummer) :

OS
a

■?

Cent. Bui'«I>m«nii, SRiinflet L K., iDtubbtl 17/18

■3,

%^.n.(f:in'e^ ' ^

®eboren am,.??.... .a V^^ !« /i"

»» ■♦^^■^- ^

Sunbegftaat: "T^I^/lJw

2. (gtonb obcr ©emcrbe: ^.^ZAy^c^^^^

3. ^icligion: .^^d

4. Ob wr^eiratct: ^^
^inber:

6. ^atum unb «rt bc« 25ienfteintiitt«: f[tii

ftom;)afliite, tMobton, »otteriej!

E Ers.-Abt. Feld-Artl-Rcg*. Nr. 20.
»r. «M). a. Erseitz-Balterie.

■V r

IDatuni irab bet

Serfetttltgeti (nntec 9naa(c bei L...
llotiMtagiHe. SSIobron, 8atteri()u

^efdrberunqcn (untcr «ngoif be^ i)dium8 uno •!
bet «rt): ^ 4

8. Son toti^m Xnt^patteil:

tt Brs.-Abf. Feld-Artl.-Rc^. Nr. 20.
& Ersatz-Batterie.

^h. bcr Xri^enpammroac:

li^brpcrgrbgc; 1,../^. m.
9. Orben unb ffibrcnj^cid^en:

8

J

7. ^Qtum unb art bcr (gntlaffung:

r

10. gclbjiigc, Sertounbunflep:

^^«'^>>p**-.^A^

^^-c^e-f^

■U yri,

*»~^y^

S ^.^•^**''"*«« mUitfirifdie Ku8bUbung: ^
-ir:. t^ @4ietnaffe.

12. ©cmcrfunqen:

SticfcUiingc: ..y.L/..^ ©tiefelttctte:

lefertiflt. ^ ^^^
ben ^

>^

19/

f

6

%n Setleibnngdftiiden ^at berfelbt bei feinew
^Ibqattge erJ^alten:

9Boffenro<! ufio.,

$ofe,

Untcr^ofc,

$a(dbinbe,

^embc,

$oor ©tiefel (Sc^u^e).

Dcrfclbe ^at auf bcm SJ^arfc^e nac^ feincm
fiinftigen «ufent^aIt«ort

bie ©ifcnba^n

don

bt<S

tion
\ bis

oon

bis

Hon

flbergetteten jur fianbtoe^r 1. ?(ufgebot«

am:

qtqtn SWiUtfirfa^rfc^ein bt^to. TOIitfirfo^rfarte ju
bcnufecn unb feme ubrigen ©ebiirfniffe aug ben.i^tn

bie«fcit« mit

bie«feit« mit

bie«fcit« mit

bieiSfeitiS mit

Wlatt

matt

maxi

a»ar!

*f.

*f.

n

*f.

bebfinbigten aWarfc^qebii^rniffen ju bei^o^Ien.

tlbergetreten jut :Sanbt9e§r 2. HufgeboU
am:

^

^er tlbertritt jum fianbfturm 2. ^ufgebot*
erfolgt im gneben o^ne weitere* unb jioar,
fofern nic^t bie 3"^ii^^^^^f«l"^9 w eine jiln*
gete 3a^re8flaffe Dcrfiigt mar:

a) filr aji^annfd^aften, totld^t i)or iBegtnn beiS
militarpfCic^ti^eti ilttti (b. i. ber 1. Sanuar
be2 5iatenbena^re2, in totld^tm hai 20.
fiebeniJiobr ftoHenbet toirb) cingetreten ftnb,
am 31. max^ be^jienigen Ratenoerjia^red, in
loelc^em fie 19 galore bem ^eere an«
ae^drt ^oben;

b) fitr f&mttid^e iibrigen SRannfc^aften am
31. aW&rg be^jenigen ^alenberja^re*, in
loelc^em bad 39. iS^ebeniSja^r t)oQenbet loirb.

n,

8

toel<i)t 3uf«fee etntrfigt
I Datum

Suffice
(ilbungen. unb

t

ju ben ^erfonolnotijen.
etnbcrufungcn, ^iitftrnq, ©trafcn ujt».)

/^7

i^«

1

IjttUjptmauu Ut ^atieneiiUjrer*

10

11

toelc^e Qn\&i^t einttfigt

I S)atum

(tl6ungen unb

C^l

«^

/;:»

^^

/

ju ben ^erfonalnotijen.
(ginbcrufungen, ^ii^rung, ©trafen ufm.)

^'^iiM^y Q^^ j^a: ^;_ ^^.x

/yA*H^/^/^

/ /

IS

IS

toclc^c 3u|fi^e etntrfiflt

Saturn

3ume
(ftbungen Mnb

j ju ben ^erfonalnotijen.

einbcrufungen, f^ii^rung, Strafen ufto.)

<^pfm. u.ipa[fr.=@9.

14

Welbttttgen unb Seurlaubungcn.

fUr -^:d?r^/^

nach ^ '^^.d^?^^

Kontr.-Abt/il^, ^.
^ezfiictfeidvJoliA'^

16

9Relbitti0eii nub ^enrlanbnngen.

tft.

Wei

e\«^»'*'

^ €*^ /r

^y^/; f^^/f^rrtr^ £1.^/

'^^z//- ///x

;^

^ '#^^^.^r>S/ ,.^

-r ^'Cf >«f'*r^.

7'

- ^

'-^a/ 45»^»^;

i y

/-O

r

5^ #

\ »

IT I'

Leutnant & B

^'^^--^^^ fY^fl:

^^icnoiuiirer

^'^-/'^v — -^~ -f - - ''^--^

*:»

n- Bn.'AU Ptld-Artl-licirt. Kr. so ^ ^ * * ,

I Epsaiz-5a,lc|-if. iW^ny^ /■ t^.

z^-

•X.r.

roup tiiiann i:. Sat;;

* 9of Mefc KAmft^fta flabct Wc erfttKonnm 0e glrtcbfalli
Sitn>ent>uno.

*«) Ui Sotflrfpttc fbtb tllf 9?i(ttit)irTfoMa uiafe^a, Mc tm altioei
Dtoift t|R 8Kprte»lai fete wkt^m.

/^

■ . i

» >»»

I. JUIfflMiMM.

e) b« firfo^jreffrtK,

©t«t)ontiDn bet *tfo^be{,6tk« wMaffenrn SRannfc^aften*) iSS
•) bie »0T er untft .mbct Dienft»)jltd^ ihc 2)t«b»fit«0B ber Xmtom>

teilt beurlaublen 3Koiuifd)afteH.
». Die a«Qnnfd)afteB, mtldje aui bem attttom 2>(aKI mtteff m JwerbciL
^aben jldj fjjdtcftro^ 14 J4fle nocft Ibrer ffntlaffunfl bet ber *onttoaftcne
(C>aitiitmerbcomt, SWelbtomt, «fitrt«|flbix)fbei; aiuuimlbeit tvtlAex bet
bon tt)ncn petofiblte lufentiialtjott rnitetfteflt tfL Iiefe SDicibuna iB
•udj ban« erfwrbetltc^ tocnn Wr futloffeHc m bem Staabotte fetaeS
Wgl^ertfien tvuptocnteiUt Mcfbt '

Die «ii» unb «braelbttKfi lei b« INnttoaneHe bei RufentboIWortel
mug au4 Nron fktg erfolflen, tBexn bet ieetteffenbe btefee Ott bereita
Wt «etlcuf tton U laflen toiebet tocr!i5tt

3. pie nadjfteti mtlitciriidjc n JBotfief e|te« bet »i«nnf(S)afte« bc« »eur.
loubtenftanbe* juib J>ct Jelbitebel be« «om^oflnirbf*irtt ober bie i^elb*
njfbel be« ^u^ttnelbfamts ober SKelDeamt^. ju beffen fbtml bet «uf.
mtbal.tgort peb5rt, bet «eiir!i!offljiet, bet itontroflofrisiet unb ber Stom>
moabiur bes l^anbrocljrbejtrri^ foJoie beten ©tcaoettrftrt (JwLauA i^ifferS)

4. i)te lUannfAaftca bes 3eurkubtenftonbc« ^cu btenfmtiben ««.
feblen iljrcc Cotdcfe^tca, fiffentlU^ auffotbetuaaea mb (*cftcauna«-
befeblen unbebumt ^Ue la leiften. 3niJbefonbere tt c« ttn e^etutoOe
eifHmumnfl, M m Vertetbiinni ba ^coaij mI bci 8«tcrI«BWi
^ geftpQetu

5. »el SRfttliigMfi btetiglidbR 9^4^ oak Vcfi^erbfii fbib b4e
Wannfiftaftea bc« ©eBcIaubtenftanbe* itttpKi^ttt, ben beroefArieb^nea
Dimfhoeg uab bie fefi«efe«>tcn SeFi^toetbefri^ etnMa»cn. (OefuAe
flnb on bea BejirfifelbtBeber ber icatroHfteae |m ti^ten, ©efimctbot
bem CeairMfommanbew »«jutTaf|e«; ri^tet flcb Me »ef6»rerbe oeaea
le^tercn, fo tjt fie bei bm oorflefretea »f*irt«^ ober AontroDoffijier,
njenn obex eia foldjet ni<t>t l>#thanbeK. bei bem ©eAtrteobiutanten an*

rubnnflen.) Die «efd)»etbe barf er^ ui Mgenbea Zaqt obet nac^ «er«
flguiifl einet etna oerbdnflten €trafe et^bea aab antf tanerbalb einet
&rtfi Don 5 iflflen aaaebrot^t tperben.

T5te aWannfc^aften be« ©em laubtenficabe« flab tn bien(Uidjcn ©erfebr
Biit ibren JBorgefebten**), obet man fie ta tWiatarunlform eriiftetnen
(tooju au(!) b«t ttaa«ffaaaf«a|a« ge^^)^ bo arttttirift^ X>t)it;)(in
aatemotfca.

*) Hnf Mefe Mcnnf<^ftea |lab«( Me ©efHatantag ttc gleidyfaOj
Snwenbung.

**) fOi ©orfiefette fhtb tRe Viitittxpttiomtm M^afelca, bk in aftx^ea
fHeafl i|rc ©Mflefe^iea fete mttthm.

M |ttf(Vi

©.nbfrfdKift bfftnbrit^en Wannfctjofteii fief^f ^iffiT 9.

«.th.^f°i5rS,"^" emrt JWobirmadlunfl f!nb «erfinbm.nenT br< Csf
ent^alUJortf* obet brr Jpolntun(, inn-Thalb 48 etunbtn /^i melbnu

7. JJiannfdjaftcn M »Purroubtcnnanbf« Mnnen unocbinbert bet.
trtffn. baben icbocft ^ tintronfteHf ben ?Intdtt ber Wfifc unb bie a?U(f.
Ic^x bon o<r|flb«i jn mdben, fobalb bicfc ftnf Uiaaiar unb tenant

Wrtfe nidjt ju flb/r eJK»t ob bie tbn»efenl,ftt ftd) uber 14 tm Waui

Ktfe ju frfiatteii. 9et jcbet abmelbung jur »leife bot bcr Setreffenbf
Mijueebcit but* toeU^e btittt i<erfon M^rrni fctner «bn)ifenl;eit ntvalat
ecffl)If m tbn befdrbert toerbcH Iftmacm. ftt blcibt ieboA ber HRiHtdt.
bcbdrbe gegeitflbfr aleta bofAr be«MtooTt(i(«, bail iljm jebet Vefebl

rtdjtlp JMflCbt

mt tK bi« Sett bet Krife etee tbtn^, fe Ifl bet Wefetbtfl, ffifbt.
««tin obet fftfofereffWHfl betVflidjtet. einem an tljn cracbr.iben ^efrbl
UR Ibttnt itabeMMt ^loe ju letpen, unl muf rtneJ folcften flettfirtiffl
[rin. n»eiiR ec sUU bot Intrttt bet Wftfe ouf feinen fcnttog mm bn
teilnal^me «a bet fibunfl ouAbrilcrii(| befrctt tft

JVant Hi bie 3ett bet Sieife ciae tontronbertammluBt, fa bat bet
Cftreffenbe, fofl* er ntt^t tm btroat ban berfclben befrett fein foDte.
ium ift. «rtil b(riiel)mifl«n>etfe 16. ^obeatber bet *ontTo«ftenf firiftli*
feinen jeitiaen HufentMt^ort anitn^cipetL IBet ieboc^. bebot ct fi^

tu^'J?eife abmetbete, |ttt JtontToQDerfammlmf aafgefstbert tfL WKf tn
(ufforb.'mna J^olge leirten, faO* et ntdjt b«M« br^ieit tottb.

^<nnnf(f>aftf« bet Wefetve. i>onb»fbr cab Crft^teftix, isel^e jot
«ee geben, finb in Ortiebeirtjeiten bet HnmuHemmen bot^ bie ©cemonirf.
fimtcr ton bet iebeJmallflcn «bniPlbuRa evtbunbeii. b«bai ^<% abet na<%
im Onlanbe ctfolotet Wbtnyfttrung tnnetbalb U toae, i« HobiIma^urai»
foD innetfeofb 4« ©tunben, unlet 'CorjieiBuna bet etbalttm««lb»uJtetunQ«-
-JH^djctnioitnfl bet bet juftnnbtacn fiontroflfteae lu melbem. 6efl«bet Bd
\be«i 9(bmufirruB««otte uH^ Me Hi#Aabi|c tawttoapele, toctfl On

«
^

S^'biSa TuaiLLtei'^^'^J'^.^w^^'' betfSit^dj iu etflott*S>f Shltf.
KtiJSL !!"iS"^l'Jl J»»»* ^* ^•*'''"^ €teHe etfefflCB neb ivitb ban
fo7i n^""^*.^'"!"* ^"'^"^^r *«tt»KMf todtetdeaebei! fe"

8 s^nnSiL" '^i^' ijHbuna fluni untPrbrnber^ '^
8. a;fannf(t>often, iDfId>e im auiJlanbe ibren Hufcntbaftflnrt n^fim..
bobMi fleetfinrte SBorfe^runflen ju treffen, ba§ bf "ntW^.f^^^^^^^

fS« ;.. fli.; ♦ '^1'"' •*? flbuuflen unb i^onholIbetfainmamfleB finb bU-

It. •) ^ an. unb a&melbungen fonnen mUnhUA obet ^AtifiUtfi*) «r.
folgen, muffcn Qbcr - mit ?lu^,ial}u;e i-om 2;iannf*aften be? vinl
toclJt JJbettrn ttufgebotS, toel*.- btcjelben am? bSrt -i ..irlnn

gfitc^teten fefbft erflattet rtetben; SKclbunnen bunt ,^f/«

bunfl betui aurrnttjaltin,rd;»d ab.r beim 2Bobnunfl0jJt-*f ( i„nS

6lnb ia ein^rnen JtontroUbejirfen befonbere Dtte kftLie\rt l\^

fc> «et iebft i'ielbuna ifl bet WilitatHof Um. fefofet-' " .,nr

oet oet tWutfuielbiutfl oa^usebeiL

(iJnrnb Jjlerfftt

A

jU8e*f», »»• « fri^ B«»H«t M, tnb fat toeCc^fn 6rt r RA
anmettft •» et ^^fitatct If mr^ *ttt>« ^t. tBrI(«m €-;;&?
obet (BttaetfK n tHflfljdrt.

*^??S'u!**f aierbunpen DmcA Me ^Mt J# toct^ fie imoetbQlfe
^«fHete« be« SDfutfiften Weid^c* ^orUfret bef#tb«t, tnftfen: bit
6<5retbcn nut bet aufjdrrift ^^eevesfac^f" betfe^en unb offen .'bet
mwet bem ©legel bet Ort5t)olijctbel^6tbc betfenbet icetben. Die
iJwUftete ©enu^uiifl ber Stabtpoft ifi jcbot^i oiUJefft^toffen-
.. *?V^,^** WtgefAriebenen Welbungen untctia§t, toitb bifjttoKiwTlf*
Mtt ''''tt^rtfe b»n l 6t« 60 2«orr obet mtt ^a[t bon i blS 8 Xatfni

bri(^. mi hit betftemte Dienflirit oa{^|*(a.

III. il««tt«ff»flrf«»»r»iif««.

11. a) am 9tdtia^ Unbet im Wrnat H>ttl ftt «Ile RefctMiaL Webt-
mfinnet erflen «ufpebotf unb yrfatjffftrblflcB fototc bteaot Xii*

SofitiOB bet (JFtfa^b.-bbrben entlaffen'-n unb bit jar 2^tfi^ofit1on ber
;nipt)cnte<te beurlaubten STiannftCjaftnt — Im ^etbft im aWonot
Rob em bet fflr one >Hefetbtflen fowie bie jur SD&^ofitton ber ®t-
fa^bf^6rben erttaffenp" unb bie jut £)i«^o^tion bet Itu^jpfiitcile
leutlaubten ^JJannfebofteu cine ii^onltoauetfummlunfl ftatt. ?lu4
toetben tn etitjclnrn Cuirfen ffli bie fdjiffaljrtttetbenben lUann*
M&aften ©(^tffer ilontroIiU'rfammdmfltn Im Oanuat angefe^t *lut
©fbrmannet, beten flrfctjlictje Dtenjijrit tm erflen «ufflebot tit bet
Beit uom 1. IllJtil bLS 30. ©eptembet t^ (tahe ettcid^t, toctben im
U^ten ^o^te i^tet XtenflvPtcit im er^ aufgebot jtt ben ^nb^
ftontronbeifammrunoen ttnanicioaai B«b ftat bra bet Xeil.
lubm*' an ben 8rfl^itt^ti»gont»gbni— wliiimctt biefei ;)abtei
entbunbea.

SMe ju i^mts•Bberf««nnrunfleB iendtmn Kannf^ofte* flt^
ttt ben flanjen loo, on toeldjew Me *»ntToIIt(T:fammIuna fiatt*
flnbet. unter ben SJfiltWtaefe^nL
b) KBer bur(^ Kranlbett ober btingrsbe ^f<!^fte, tsefd^ f» Hnootl^ef
flefebcn etnttetcn, ha% ein SBefiret«»i«flf)ud> ni^t mcl^t elnfieteiAt
toetben fonn. ton ber Icilnabme tn bet *onttoflDerfammtunfl oW

Sebotten Ibitb, muf botbet obet f^&teften« ivn ©tunbe berfelbea
urd) eine l^efd^eiai^unp ber Ottf « ebn $oltieifte|4tbc entfdjulbift
toetbrn.

•) 2Det iut Zeiliubme an bet l^rattoSlKtfammIulfl bett>fli(^tet i%
his jum 15. H^Jtil obet 18. *lob<mbet «l>et ju berfclben !einp «uf-
fotberunfi, tt>elil)t in ber 9Ie^el butdb 5ffeittlid^e 93efanntma(^unt
etfolat, erbalten f^ai, andf ntrbt bon ber ftontronterfammlung be*
fteit tfi. tft beriifllt^tet, fidb JU ben anaefifbfnrn ^ett^'unften mfinb»
Udi obet fdbrtftltd) bei frinet «onttoUfleDe ju melben. Die tlutef
tflffunp btpfct SRelbunfl teirb nad^ Siffn il befhroft.

d) Tie nod) SJtttteilung bet ^ermanniamtet fflt beutfd^e ^nbell*
fe^iffe aHiflemufietten flnb todbtenb bet ^uet bet bet bet ?ln*
murienino etngeflanBenen CetpfitC^tuneen box bet Xettnabmr an
ben ftontroQbetfammlungen befteit.

•) VlannfdKifteB bet £anbn)e^t jiveiteB Hufgebotl tvcrbca iai ^debca
!■ jhrntrodberfammtmiieii nii^t |er«iiflc|ooia.

I

IV. l^migM.

"• '^ S?^*s''Cen*bSfnS^^ •" *•"'' ^'""^'^ "• «"^ ^"^

b) ile JWonnft^aften ber I'anbhjc^t etflen HufBebott - ouitf*rie§r{4

brr ^QbaDerte. rtert^e au lluungen tm JVrteben nt*t einbcriifni mttb

- rannen jtneimor ouf 8 bt« u lufle, oom Zaqt beg titntrrffcn*

e)SofnJ^ffn"x"'«''"v«T*"'*: J" »^"''?^n embetufen roerben.
^ ?? Sh 5°^*'" ?i' ?*»"^""'^'^ i^ftt'n «uffle5oW merbcn tm Jrteben
4" abunflfn nid&t ^eronflejoflpn.

€) a^»e grfaerefetbtnen fmb im fftieben }« btei ftbunpen oetbRttfitet

Cd" 5^.^?."^"?"'*" ?^«^^rtWe bon beSen beffeit ^
toetben h>inf*t bot unter mrtaa? einet obriafeitHtfien ©efdjci"

I!Slt"^.ij*«®«'r ^'"^ %f^^^^<^i^^^M bet iontroafleflT tSl

^^J,^ ©fpeDunfl jur flbuitts borjutroflen.

bJtI"'^ r i"lJ ^"^onfi brr fibunfl Teinen ©efCbeib, fo msf er

«?n??"„"j^ ?'£'!V ^®?°" '*"'""' »nrfl(ffl*tiflte bfltfen i» bet
Wefld ntdpt befrelt ttetben.

^ jJHy f^^ (^nberufene nebni bon bem Xofie bet (Unjlebuna biJ ium
«b(Quf bp« ia^ets b.-r «bieberentraffunrunter brn $cMrit"r3efciei

'^^"/ ftf^ne &tnberufene baben be!' einet toflbrenb b« ilbS;fi1i^
ttp^t-nben^obtrmacftunB ouf (fntraffunp in bie ^cimat nifit lu
tertjiicft, fofetn fie nlAt fftt unafcrdmmltd, etHart obet bo> bet
tinbenifjuifl tm «ow7m«(^ane«fofl iutflcffleficat finb

l--it-^L'*l?"^**^""i^" ©mifnnjB JU ben Jfontroribetfamm.
U«fle« Hat Btten jut toe. xir Ih^tbefolfluno ber (Einberufunfl
n ffbunfien folbte jw GJejleHnna ju augetorlentlirfjen 3!:
!i^*'"l"*''^"".fi''"' ^""" "«* bcIonnt(ipmQ(^tet fttleoabeteit-

■fJb., ttie ju flbunflUjmetfen unb ja ben *ontroabetfammrunaen ift iebet
Ijann berpfli^tet btefen ^a§ unb (Qu^f^rte&Iijft'bet «rfaVtefetb/fttS
b«« pbnxnB«ieuflnt« mit jut 6teae ^u brinqen. «»'^i«'^Tw«;

©olanfle te erflercm bet ftbettritt jur ifanbtoeht etflea Hufaeboti
^teffifti' fi' tT^^' jtbeiten 9fuf,cbo« ob^ Wt nijt S^flbl!
£i!!Jl?A^"',.xli ^"1^"."^ i"" ganbfturm etflen Sufflebot* ntdit
!!?""2 i^'c "Z^*/* ^" OnbQbet no(^ iut Wefetbe ober «Jtt J?anbn>ebt
etflen RufaebotS bfAiebungSn^eife iot CPrfa^refctbe. wnowept

»A i?r /il2m.2°!.*''L""l'>* H'"* ^^^ J«*«« *onttofiflefle munb.

Hi 1I»MI'
Ml w««

r o« ujennti {« betgflten.

Vi

VII

&t\dim§ bd bm •tclhbcr M Ottf •bn bet (JJcmHnbe ar^ubrinpen.*)

JWannft^oftfm, liKlt^ »»etjfn *ontronentjicl)una nadfjbtcnen muffpn
(Btffft 11), ^aben fetenW Hnf^ru* nf SunJrffteminfl.

18. ©lonnfe^oftnt tocU^ aa<5 aufeereuroi^nifci^fn Jfinbrni flijjfn
rooHen, Mnncn im JjTiebcn untet Ceftdttnfl fon ben Ben)6^nli(^cn Tien^*
obItfaenf)eiten, iebw^ uatet bet Cebhiflunfl ber WiJdrte^ im gofle einct
SKobllmadjuno ouf jhjet Oafttf beuttattbt mcrben.

fPeiffit btffelben bemnddjft burdj flonfulat^befrfjetnlflungen mdi, ha%
fit fld» in etnem b« ertod^nten ^finbct etne fepe ©teflung al? ifaufmaan,
(Bemerbetrelbenbfi «fi». ertoorben baben. fo lonn bet tirlaub untet ctei(^-
jeitittPt (Jntbinbn»| bon bet JRfltfTebt tm ^alle cinet Wob<lma(f|unn bt«
jut (^tlaffunq aul b.m aRilitdtbetbaUnU netUh^ett rtftben. ^luf bie
Auftinldnbet be< Vtittell&nbifdjen tab e<(ts«r|M SReetef fUbet btefe
39eftiniinuna feine Intccnbung.

(^lii ^I';annfc{>aften bet Sanbtoelt jlseiteii Sufaebotf bebatf t8 bei
ootettpfibnten Sfiac^ttjeifeg nut bab»n, bof fle rtne tbtea 8eben«untcrl alt
fltftetnbe "StcUanq ali *oufmann, Q^metbettdbenbet ufft. etttjovben
baben; «u(& fltit f«t biefflben ble Cef(!^tanfunfl beAflplKft bet JWftenliSnbet
bei i)WtteU(Snbtf(!ben unb ©Anjotxen fflervt» ni;f;t.**)

II. SdmtltrfK Uhnnfcbaftcn be8 ©eutlaubtejiftonbc* ^be« flcb bet
etnet tofibtenb it^ifi ?lufentl)olti ouf @ee obet tm Slu^tanbe etntrrtcnben
allflemHnen Dlobtlmodjunfl f» fc^nell oM moflUcb inS Weidjcmbiet
junicfiufccprbem (f0fetn Pe «tmt gemai *lbfa> 8 unb 5 Siffft 18 bicToon
beftoit fine) imb bei be« BeittUtomm«nb» jn metben. beffen Cejitt fit
juerfl exxriditn.

©et an bet tifittftltdben SWrffebt betbt«b«tt fein foUte, b«t P* btmtbet
butcb Jh)n(nlat«* unb fonftiae juteridffipe ©eft^etnipuitflpn au^.^uwrtfcn,
loibripenftlU et Sttafe mMq ettenge bet (Befe^e ju (titvdrtigeii bot

VI. Vff««bm HefHrnwitngett fit bie ftfa^rrfetviflM.

«0. a) I>te ^etanjitebunfl jar etften Ubung etfolfit In bet flr^fl •p;tft»
balb eineS O^bTeS torn iape bet tibcriopifunfl jut (^la^ri-nDe.

b) X>en Ctfa^tefetuiften. hjclrtr- »ur etften Ubun« .-inberufifn n-rotn,
iDitb, Don befonberentluanuh.iiffaaen abpoioijin. betC'HeflfCur.i-. tap
M« mm 15. Outi be« bettcffi-nben «fafrnbetiQf;r''8 befanntp - nmdjt.

c) 6cf»iffabtt ttfibrnbcn IKannidjaftpn unb folcbcn ®tfc^rc)rrui|ten,
toel(!6f auf ibten «Cun|(b fpatct. obet aUJ ?ia4etfa^ nodjtiafllirtj,
utt etftfo iibunfl bnranflejopen metben fi-lien, mttb bet ®eflflluna«^
tu 14 Taae toot ©fflinn bet (ibunfl bpTanntgemarfjt

at* flocbetfa^ toetben bte »fpen bobct go«nummet bet ftf«|«
tefetbe flbctftiffenen -mnnniifeQftcn ni(tt betanor^open.

d) Ititt roibvcnb bet fibleiftunp cinet Ubiuip butdb eipeneS «etf«fturbfn
ober im eioenon C^ntPtcf|e bet flbnit-M i-lnc tlnterbrecbmifl eir fo
!ommt bie ^,eit bet Ic&teten auf bic Ubung^jeit ni(^t In Mntedjr nq.

•) Dtefe Cemmmunfl flilt «u(b fftt ©efut^e titftebilbetet ?«ibfb.nn.
bfliAtinet bettpff<( secfrptuna tion Cefolpunp be« Hnfruf* be! 8<mbfh rni*.
••) '3)ip t^cftimmuiippn biefe* Rlfoveii pcltcn on* fflt ©eftetunp brx
att«pebiTbetfn 8anbjtutmuflitbtiaen bp« jipeiten ?lttfflebotl »« IJf folpjnjj
tti flufaebotf. - »e^uflti<l)e (i«pfuct)e finb b»n bcrferbm M ben 4'.pti.
wrfi^ben fc« «tfofe?..-.«mifflc» bp^ioni#« ««4ttll |k tm^ t» »^-«

t. m) XnitfAat* frfa|;tefectiiftm. ivelt^e im Ceflt bef 9ete<4tiQttnef •

fd) ipje jum einj4btipi-ftetnjillipen Tii-nfl finb obet bie entfijtejftenbe
ttjtfjpnft^aftllcbe iBefabtounp butd) S.f)«[;,PUf.ittffe nad^juwpifcn bet*
mopm, f!ebt toenn fie fid) tudbrcnb ibtct Tienftseit (etften flbmtfl)
fefbfi ftetpffepen. belleibcn unb auijrfiftcn, fflt bie etftc ftbung
untet benjenioen IniDJiriittitpn bit- 'i)'-ai)l ftei, n»plcbcn fiit bo*
betrpffenbe Oopt ^*f Vlui^biibung ton griattefetbiften flbetttopen ift

b) Cei auf biefe Cetpfinftipunpen fflnfptutb maAt bat innerbalb
U Zttfe luidb fetnet ftbettoctfunp jut Grfa^tefetDe bem Cejittfl*
bmmatiba bstt^ bte |up&nbifle AonttoUflelle nu^ftebenbe '^obterc
etiijutei<^t

t etae MtKtH^ »<#MiMik B*^^c4vifa»« t»ei fchie rigcne
ttitn. Me SetfliteWtirtt mh iM|i«Mt fet««i Batni •hn
e«cannibci |«c Xtigmfl b«r ttffim fit bie fkfleibtuig, Sui«
etilmt ualb Sct^flegmg todi)teRb bet etflpn i!lbun0;

t. ci« bn^ Me IjpsUieiofrttaTrtt miiJoeflelltPi Qnb^fcbotteitbettf-

4. bcn©ete<6tt«uiitfftbei^ juw etniabtip^fielteiaiaenXienl! be»h).
b«« bet Wartj-rrU bet ittf!enf(!}ottIt(ben ©efrtbipung fftt ben
etnJSb'rtfl'ftetri^tHiflen Dtenf* f^btenbe ©(buljeupnti.

c) Dtp IJielbunfl betra Ituiitentett bat f^atcftpn* 14 lage Mt Cefltnn
bet ttbunp mtinbU(l) ebet fd^tlftltd) ftatt^ufinben.

d> Setftdtete SnttOoe folvobl um bie (itteilunp ber Cetecbtiounq jut
fieten XDabI beji ZruMmteiU (firbe b) al£ atub um "jlnnabme bei
riaem f*UQe« (fie|« •) iverben grunbfdt^Itcb abgeroipfen.

VII. 9tf#«bfr« lldHarannif ftt fir He tvt ;pi«i»0flt{«» b«r
fmff cmtdff ftrntoaltni 9Rc«itr4«^trm.

n. Isf Me lut XtJibofttint t^rej Ztu^pesteiU beutlaubten "Dlann
ktmftn fbtben fftt bie Xaurr bn t^eutlaubung no<^ bie nacbfti'bcnben
•<iotU>emi Peftimmunflen Knitienbttna.

«; 3>ie iut ^i^pojitun ibttit Zrm))irateilf bcucUucten ^Diannfcfxiften

iaben fff'^ bli jKt ©eenbioMig ib«* bttttra ^^teaftiahteJ jpbprjeit
r at ^u botteit 'Anern we^eBunaibefebl betjuf* Ohfuaun^ tbtet
atttoen X'ienfticit f*«Iftd| (^oI«e |a Ictflei:.

ciJ* ^imwmujH fKMtf«« #e ^ >mt^ VemtUttnq btt JNnuoa^
J|«lil>ii|aalili<li iKfWtt hM| l|ii wniAglt;^ |m aftttoen

e)t^c iM r^tf^UlMi b«c .tii#>iWiliHi br«TtMi)ten lt«tnfd:aften
ft.ib bf« €»tr«fbeJHanmtna«« ftWr nurUubte t^tfeniimfl, ^(.bnen>
fluAC, e«(bfMef(ba«iat!n(i uab9(nrf(butvna toon^ebtetten in p(etcbet
©etfe t»ie We vnfsntn bei aTtitoen T^tenftflanbei mttetmotfen.

d) iDirb etn jnt Xtiipofition eettUabtrr ttot ^fanang feinet attiben
Z>iniftbntcbt ntcbt aiiebft ymi ^ieat eiabetufen. fo tdtt et mtt 8e'
enblounq feiaef bttttea Dtenftiobtei ^aai i. Oftooeti litnfdjrcctgf'.iH
|BT Wefrr"' flb«t, otne bufi et i^etaoeteine befoubete fti^|^4^
cr^t 9^ fbl IB Mtfoa ^MMie gs

■ ■«(tlS«|)

bftwffnifn eonbfhmnt;f!t(I)tiBPn Hntoenbunfl. ■

*' ^^Z f * '**'!!5!°J«" «u«r(mbe, fo tjabm f!e in boJ 3nlanb

retenW «mtirifdjnt ^ontroOe anb fibungcn untrciMtfni.
^ a« tM«n Me •«»«««§ !■ Btfftt IT mA 18.

VIII. llriiwmwfM fit 9M«ft»ni, »«t«myf4ti§it m*

A. AsfrtMntc 9M«n»fs.

rrtumtni ttntrrofnjtnK tmh ©mrtntu, tuftdK fW> nocft tm refcrof.

JSSS^rik T"//"" ^^' ^ ^ »iannfd,aftni brt ©coTtaubten.
flwibei nb uatrtUttjem »rtf birf« b«» mtlitartjdjea ftontroOe.

«^l.^M^K^*!!L"li^*!i*?*'*'!i' cmettaimtea U«tfr»tn|tcte unb
•emrtaro jdjetbm aai \e^m miUMrtfiiKn »ttJ)4ltirt» au«.

u. ^M™' f?^ ^* «nettamtcn ^nttali^ ^obrn fl* In bfin ,^abrt,
m lofliDnn H)tt ^fnf!on«onfrtfnnang ablftuft j^um ^rafunogoeic' ifte
bfljufa dr^Uc^ Unt'tfudjuno ja 9etl«aen; de ctljalten ftfetja ctne
Hufforbminp barift ba< »f jttfitommaitbo.

Jtrt fit It anA filt bit baunrmb anertawitni •anjtnboltben, tetrm
bet ©rob lljm ghrtDexb«unfftljtijteU olft We I<ui8ltd&!cit vam 3tDll.
btmfle n« auf 3rit anerfoimt It •bnr Wt ernrntc ^rilfunfl brt »«»
forpunglonflelfoenljdt and trorabrtaea u^etn •»»!€ ooa bet SRiliUt-
bfjjerbf ffit rrfDTbftftt!) nracfitrt arttb.

4. (Blrnbt etB 0**-"iItbe, bc| et Wfflea BerftfjUmaenran frinei
Onboltbttatglribeni f)«b<^f ^enflimf eebflftrnifff }n bfanfprH'^fB l^abt, fo
fonn rt fi4 tnit rtrrm fntffr«^nbfB Rntrafle |>frfdnUd} otiet. betiti biei
vUft MifiAnpifl, Idnrtftl.d) an bra juftSnbijjni iBfjiTWfolbtoebfl tombn.

Cine Vxrrtrrt no burdj britte i5erfonc« bri Hnmenmafl bon Sn*
fttpunfl«an!; (JirfVTflrtjrn uftt). ift nut bfi DWnbrrja^dgfn unb

bd i< rfonrn ,,iU(!!no, b\t burd) oufinrljalb tt>re« ©iaml Itrofnbf *er»
bfiltnifh an bet pfrfSnlidbra — miinblld)ra obfr fdiriftlte^fn — foratfiouni
tbte* *lnfl)ru(M obfr <ftnft)rudf(( ttrrbinbett fUtb. M fit tcmunben
rtn l^pgrr ooer Soraiunb befleOt fs b«rf aax btefet bei Bntraf
nenen. SBftflf. C 9.

&. lU SnftseiJ fflr bir Vraf(on#bprr((ttflinia bipot ber V^UtdX'
\m%. Iter bfT PTftpn vrafionKjoblunQ crljdlt brr 5nt»alfbf bon ber mtt
3al)Iunfl beauftraqtrn jfaffr n^'P^n iBorjeiauna bri Viilitdrpaffc^ rin
flfnnon«qitlttuna«bu(!) ajrfppbiituMflt. ^n blffnn Ouittunft^bud^ ilnb
flcfHinmuB|c« flbet bra i^rrfu)nf?«U>fan| tngebrntft mb Mel^oi ^t^
3v¥«Iibff ffnteil !■ ■r|np« Nt e<tfl 0 •.

B. ^wftHnf »M V<tf»rt«»t<««frtt4«i hnr4 p««Mif4«ftM,

Me «•? bm 1. 9«n IfOf ewtfcfem Mb ■«> Id tftft #iitUf»«i

iii4t <if« 9»*«n^e «»erlMmt »«9Mi.

6. 9N4 l»ev CatIaff«a0 atU be« afttoen milttfttMrnflc »nnen n0<(
Snfprflc^ Mf Onbartbevtoetforguno bd turret ihrieaJbienftbef(!^abiRung
innet^arb fcd^ dtDtt* m(^ etfolgtew ^tiebriiifd^luffe fr^oben nerben.

Set im M«|c (iCineBet 8erBraiibMu t^ taferet X)ienfibef(^«
Mgoiu f«»ie M tei fttttat otet ta 9tic(c« ftl<tft«abexct lontaaUfet
lofirdtiwat^ Ima bk WiMiiftig mi atffMgMiimfptfi^M fcNv
|eix (tfolgem.

•dfe bf« la^nMl rat icfvIfttMMNK p ligiflw IjL (Wc|e A 4.)

Die ee«ttMcOi»e6e( fbib avgeatcfai, tea itrainji 1
mb flMkitea te •c»ft»owmi«ml>iiMiltw Art ■*

V<vfMt«»f •«»fl>rt4ni b«r4 V«mir4«ft«», >U r«tt ftm 1. 9^01

^3Wnt4rvfIU!|tt.et^lltniJ WCftt lerfl^rt ft»e> Mefef ttJST^bS
J«tfflBt Onl)abet bei Bt^Ul^nlttiuagl* tin bed VnAenuMffAeisf
)fft^l?'Jlll£2S!* ^" »«fW<ifl««g Iw SWOieafl kmnBe?itIi.

m4 fttt lie ReKteiie«)>fteaet. ^^ v — . .«. * • ^otb

i6 M( b« iat*

i«U«fciM|a|B

3o»tta B«(Q ben 9tit^€a»W»H^
L fcJiPtS' «!lr2l *:* t »»«•»«* »e««l»« ttMrto ItaT

D(e la«elltiiijc M (fetHMlf m4 j|iM| Ml fMii IMMfe Ma Ird
°1??" 1'*'^^ *A oto b«i ^tabmrtl fii Mc tnMelbttiii i»ef

((qrtft KSMr B 9a. t.

l»iHtan>ettt>«ItMft«bf$«Tke rJhrteaimtntftftfnm, ^enfioaiabteilmui) Ctiw
[^(firinaclcgt JoerbctL t>n «nf»)ni* tnu8 W« sum «Wanfe tmi

S'J^^L?*** BaMwifl to »otentf(5fibunfi dnfielfflt tortben.

ait to «^f^rn(5 jfflfB Me enrfofiung ooa JBerforgun^Btbfl^rnlffai
•ber OMea bte Hrt unb ^fi^e flctir^tet fo tfi et fletf bei bem jBftaabifien «e.
jirTdTelbtrcbfl, tp et «to geflen We Hnorbmmo riner Bofllaafl, Kfld*
joblunj obet Stttvittna to SerfoTgunaJflfba^iflfe fleridjtet. fo 1^ et an
etflet Steae bet bet 1Je«fU)itfte«eIu«g5be^flrbe ottjubrtnaen. (&i^ A. 4.)

i«. ^e Cntf(^bin«fit to iWegaintetftfrtumfi fteb enbaflmtc;
legen Pe lorat nw to gettrj^tlfa^ 4Ha(|etseg 6ef4tttt«i toftben.

Da* «logerft^t ^e^t betlwta, J»emn geflen We Cntfc^eibimfl eton

MiebeTfn Cel)»tbe nij^t reti^taettifl Ctitfljnu^ fUiflele^ obet toesn bU
JMage ni(^ Hn jum HbUuifc M« fei^ 9Ronate« naSf 3«fleDiOM to
enbgfilttgen Jatfd&etbmtg bei Jhries^tMimifleriumi et^obn »»t»l.
- . 1*- ««f«<*« aa ®etne Dttje^n ben ftoifa imb Ufittia bttfe« Hm
OntetoffiiieteB tmb Sorbaten to eeutlonbtenfUiBbei lAdft mmtttelbat,
fMibem mar btm^ Setmittlaafl be« ©ejirttfetbteebett ehifmittt to«bc«.
15. » HMt hn Jrtfl«e« fhitorffe bet Onbattben ntl Kniten.
ew^jfanget, ttnt^e bet anelbetiffidH nit^t me^t nntprlieoen, bag ffe bM
ibtem JBetjtel^pn fn einen onbetfB ?anb>rf^rbejirf bem ©ejtrtgrommanbi
obet aJJflbeamt be* btS^HTtgen obet be* uvun IBebnottl ttntet oenaun
tlngabe i^ SDsl)nuiifl ffenntnif (ctob

XI

2.

Pitflet

®ie nat^ftc^enben SKuftcr foflen nut aU Hn^dt bienen.
^te tWelbungcn ttnnen aud^ in onbercr gfotm cr*
ftQttet toerbcn, wenn biefelben bie botgcfd^ricbenen
^ngaben ent^alten.

3)ad $a|)ier ^u alien SJielbungen mu| tein unb
minbeftenS hoppdt \o grog roie etne @ette beiS ^4^af|ed
fein.

ttufecre \ttutt(^rift (Umfdjlog entoeber off en obcr mtt
bem @iegel bet OrtSbe^dtbe betjc^loffen):

«n

ben ^ecru ^eiitf^felbmebel

ftu

^eeredfac^e.

((Blobtbriefe miiffen ftei
gemac^t wecben.)

(JDtt bet ftontton^eae.)

XII

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t«al|l|«A||lp4Stlt tt< t^} t9^^Ji^M^ni llpiH

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»-• »** "fti a ^ ft, ^j.

a g ft* s^ g^
Hc. a^ a OS

a a a 5 B*>

a :i S a ^ kA

a

B

{iulp|^A||lp«st< ni 01 •«^tu^«A|»s MPIH

iLlV

e) 9it 3)i«pofltiDii0^Utla]iiet.

«5rt *^ Datum

gahahtt Heif olgenben ^affei bittet tocnte;|
|u bflrfen " j

toon

no(^

(^ejirfVomt ujtt).)
9lame

d) gftr (onftige fflJclbungen.

t3ei alien oorfle^cnb ntrt)t crtufi^nten Welbun
ijeniJgt ganj (urjf ^Ibfaffung.

53ei ^bmclbungcn ing «u81anb, auf Sieijen oi
SBanbcijc^aft wirb auf bte .jenoueftc S^eac^tu
bet ^:po6fccftimmiingen 7, 8 unb 9 ^ingftuic^en.
feitien ^aU barf untcrloffen ruerben, cine ^erfon ^u
jcic^ncn, buic^ roelftc hem 9ltiicnbcn ujro. icberjctt
fteaun9«befe§Ie iugefteflt hJcrben f5nnen.

Die beiaglidjc SWelbung wflrbe lauten;

Sfn^abct beiforgenben $offe# ntelbet f|

na* ah o

Mcifcn

9{amr:

i„ J^iei*

(^e^uttamt ufm.)

'"lil96tt.„ Ort!*aft«- ®*^''*' ""* *"''«'*'•
iiamt bet Slelbtnbcn

^^ ■'^^0,

f''-f^-,\

* >IIHil

■MMM

Ba»»

,' y

-■i-*'

^^^^^^^''5jfW*^S^*i^^^^^^/^^

^

/'ft^t-'C^ y/fy^^'

w^

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C/

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9029

P^ssierschein

Herrl^rnst Kautorowicz hat siah der
Volkswekr angeschlossen. k

Res I a e

a. B.

Che

y/-

,\

"Einmaliger Vassierschein.

die Linien der "Regierungstruppen Vojfmanns in dcp Ntrcht

Dom

von

■ flU/

t/

/^:

bis

VW

-uachts

<f

"^d^-

ftiorgotfa

t>/s

Yr"^^e£^*.M^

imd guriick za passieren,

mnchen, ^' ^'/^^^

I

^\,

\

§ itn^.^^^ ^tadtkpmmandantur.

%CA^%*^ -f^/^y^^^W^C

/

>

Stadt -Komma ndantur;

ff

/

VasslerscUeln:

die Ltnien dor Regierungstruppon Hoffmanns

ist lerechttgt,

Mnchcn, den I s
Stadt-Konr;^'

leren.

nchen.

vv^ i

{ -„

Mb. ^v2U30

e

X

o

;i.« jiamcix Reiner "Silajertdf beo Sitftane

i>j^ ^JUJt^/u/U' -<wa/*TVt#H<a^

x^erliolicn ii->ox-6on.

,0' ,

\Q\^ .

^iyf/^-i^ ^'C^^^^

.y

"^f^^'m^

I

"V*

1

Nationalite : AZK^WkX^V^'^*^'^^

La personne designee ci-dc»ssus est autoiis6e

k eftectuer plusit*urs vaynL'es de tourisme en

Ce visa ne peuf eirt prorog6 er tenitoire
beige. ^ .

POUR LE Mllii^I^'DE^ELGJQCJE:,

.Jr*i»f# ^ tiite/tlit au ti
^ F *^ jivdanmne en Be
47 5, : ffitott 'iiHteli de

■ff

•iind seiiiei hhrfiHii

Lh wird iiienim besclieimcl dab der InhaWet di*- durch
das oheiistehendr Liclitbild dar^esteUlf fVrson ist und
die daruiiUT lu'iindlirlir ( ntersclirift eifenMndi^ voll-
zfk^eii hat.

'"^niei-Prasident

\%

t ♦■'

>

PERSON FN RFSr,H-l¥+:i lU NCi

£.

f /^4^4^^4^ /i^'f^

Beru

GeburtRort

Gebiirtfitaf

Wohnort

GeMalt

Gesicht

Farlie der Au^en Z^^
Farbr des Haares >♦ ,"^^
Besond Konnieichen

V*-t

'-<i>'

*-^

..

J

Ki N d*:r

Name

Alter

GfRchlcrht

l

GELTUNGSBEREICH DES PASSES

Dvi Patt wird unfttltig an

/ u^. /fJ<;.

Aussteilende IMwVrdr

Der Polizei-Prasident

Datum

Frankfurt a. IL j^.i^ep ^93]

Deutsche Eiiecten u. UetihselBai

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\

W f7#f«»t Sallof'h

142 Seventh Avenue South, New York 14, N.Y.

v.^ /

- V

\

October 27, 1963

Dr. Ernst H. Kantorowicz
Institute for -advanced Study
Princeton, N,J.

Dear Dr. Kantorowicz:

Thank you for your recent telephone order
for Die kirchlichen Benediktionen im Mittelalter.
I will try my best to find another copy and will
send it to you when I do.

I don't know whether you can help me, but
I want tc tell you that your book on Friedrich II
developed to be a '^est seller" in this catalogue.
I have about 10 or 12 orders for it. Do you know
of any source of supply or are there any plans to
reprint the book? I would be very grateful if
you can give me ti is information.

Sincerely yours.

U

Vrilliam Salloch

VS;b8

cf%edi"l92M'931.^'"'*'' ^^^ F"edrich II. Two vols., royal 8vo.

Inohidps the rar^ Bupplementary vv>hiin«> vith lit.rxrv „
;• numhp^r o< detailpd Rtudies. etc.

$20.00

NEUE DEUTSCHE BIOGRAPHIE

HERAUSGEGEBEN VON DER HISTORISCHEN KOMMISSION

B E I DER

BAYERISCHEN AKADEMIE DER WISSENSCHAFTEN

Herrn Professor
Dr. E. Kantorowicz

22, Alexander Street
Princeton /tJew Jersey
USA

SCHRIFTLEITUNG

FERNSPRECHER.-NR. 292200

MONCHEN 2. DEN 4* ^^^^ '' 957

SENDLINGERSTR. 55/III -n— ■Ri/Pn

Sehr verehrter Herr Professor!

Vor langerer Zeit ha"be ich Sie gebeten, fur die Neue Deutsche
Biographie, herausgegeben von der Historischen Konmiission bei
der Bayerischen Akademie der Wissenschaften, den Artikel liber
Priedrich II. zu schreiben. Da ich bisher nicht erfahren habe,
ob Sie tatsachlich diesen Beitrag fur uns abfassen werden, ware
ich Ihnen sehr dankbar, wenn Sie mir recht bald mitteilen konnten,
ob ich mit der Einsendung der Biographie bis zum I.April 1958
rechnen darf , damit wir die notwendigen Dispositionen treffen
konnen.

In der Hoffnung, keine Pehlbitte getan zu haben, verbleibe ich
mit dem Ausdruck vorzuglicher Hochachtung

Ihr sehr ergebener

I

OTTO HARRASSOWITZ WIESBADEN

Buchhandlung und Antiquariat

Import • Export
WIESBADEN • FRIEDRICHSTRASSE 14

Luf tpost

26. Juli 1957
D/St

Herrn

Professor Ernst Kantorowicz

22 Alexander Street

Princeton, New Jersey
USA

Sehr verehrter Herr Professor Kantorowicz!

Dieser Tage weht mir ein Prospekt des Verlags Frederick
Ungar, New York, auf den Schreibtisch mit der Ankundi-
gunp- einer neuen englischen Ausgabe Ihres wunderbaren
Werkes "Priedrich II. von Hohenstauf en" .

Das erinnert mich lebhaft an den Besuch, den ich Ihnen
im Oktober vori^en Jahres abstatten durfte. Ich habe bis
heute immer noch nicht fur den freundlichen Empfang ge-
dankt, der mir zuteil wurde. Bitte sehen Sie das nicht
als Undankbarkeit an, was es namlich in '"Virklichkeit auch
nicht ist. Ich habe mich damals so gefreut, dass Sie mir
eine Stunde geopfert haben. Ich wollte, wie ich Ihnen wohl
auch sagte, einmal in meinem Leben dem Mann gegenubersi t-
zen, der dieses herrliche Buch verfasst hat. Dieser Be-
such war mir wirklich ein Genuss, und er wird mir unver-
gesslich bleiben.

Wir unterhielten uns u. a. uber eine Neuausgabe Ihres
Werkes in deutscher Sprache, und Sie fanden mich mit Ih-
nen eini^, dass der Zeitpunkt wohl noch verfriiht ist.
Umso mehr interensiert mich nun, dass das Buch auf Eng-
lisch erscheint. Ich nehme an, dass es etwas erweitert
ist. Zum mindesten die sieben Karten, die in der Anzeige
erwahnt sind, finde ich in meinem Exemplar der deutschen
Ausgabe nicht,

Ich wunschte, die Zeit wiirde einmal reif fur eine deut-
sche Neuauflage. Unter uns Alteren wurden sich viele dank-
bare Kaufer finden, und ausserdem wachst ja eine neue,

Bankkonto: SOddeutsche Bank Wiesbaden • Postscheckkonto: Frankfurt (Main) 65427 • Telefon 28068

OTTp HARRASSOWITZ WIESBADEN

2# Blatt zum Brief vom 26 , J Uli an

Prof.

Kantorowicz

Princeton

und soweit ich b^obachten kann, sicher nicht schlechte
Generation heran.

Parf ich Sie, wenn ich wieder einmal nach Princeton komme,
noch einmal besuchen? Pas wird allerdin^s leider vor zwei
bis drei Jahren nicht der Fall sein. Es ist ein lieblicher
Platz,

Mit freundlichen Grussen

Phr

i)

[^of{f\lJ

'ATHENAUM-VERLAG

>'jUNKER UND DONNHAUPT K.G.

BON N

Herrn

'■•^o-^^' sor E .Kartcrowicz

The iriGtitute for
advanced study

rrincetown

ITev/ Yersey

BORO BAD GODESBERG
KAISERSTRASSE 5
TEL. GODESBERG 2675

AM 23.4.1957

/ H,e

Sehr geehrter Herr rrofesscr!

/

Wir mbchten ans aie j^rage erlauben, c: .ie

identisch si
-iistoriker

•yi y-i c<

mit jenerr. mittelaltrrrlicheii
t Kantorov/icz, der, zi'letst

in ..ie] le.hr end, im Jahre 27 eine .. io; raphie
iiloer .'riedrich II. von .ohenstaaf f en heraus-
gebracht hat. l.nseres "/issens ist diese
Biop:raphie in den letzten Jahren in Dei tsch-
land nicht wieder aafgelegt ";orden. ;ir
wilrden sehr gern eine ileuauflage heraus-
brirgen, wenn Sie der Aator des 7/erkes sind
and mit einer sole hen Neiiauflage sich ein-
verstanden erklaren. Sollten die nicht der
Verfasser jenes 'Yerkes sein, so kennen iie
vielleicxht doch ine j^tzi. '.nschrift.

I'u a

A

en oesten
o r> ""^b^nst

POSTSCHECKKONTO KOLN NR. 88394 • BANK: STADT5PARKA5SE BAD GODESBERG 7903

ATHENAUM-VERLAG

JUNKER UND DONNHAUPT K. G. • BONN

USA

Herrn

Professor Ernst H, Kantorowicz

The Institute for Advanced Study

PRINCETON /New Jersey

BORO BAD GODESBERG
KAIS ERSTRASSE 5
TEL. GODESBERG 2675

AM 13. 5. 57

Dr . J . /Li .

Sehr geehrter Herr Professor!

Ich danke Ihnen sehr fiir Ihre Zeilen vom 10. Mai. Es ist wirk-
lich sehr schade, daB Sie nicht die Absicht haben, Ihr Werk
in Deutschland wieder auflegen zu lassen, Sie diirfen nicht
vergessen, daf3 die seinerzeitige Auflage in festen Handen ist
und, wie ich selbst erfahren konnte, auch antiquarisch nur kaum
zu erhalten ist. Die meisten Exemplare durften auch in den
Wirren des KriegSendes untergegangen sein, so auch mein eigenes,
das beim Brand meiner Bibliothek verloren ging. Ich mochte des-
halb doch glauben, daB in Deutschland ein echtes Bedlirfnis fiir
Ihr bedeutendes Werk besteht. ich kann Ihnen nur versichern,
daB ich selbst schon sehr oft nach Ihrem Werk gefragt worden
bin. Gerade die jlingere Generation kennt Ihr 7/erk nicht und
braucht es aus vielerlei Griinden dringend. V/enn also nicht prin-
zipielle Griinde bei Ihnen bestehen, daB Sie einer Neuauflage
ihres Werkes in Deutschland ablehnend gegenliberstehen, so moch-
te ich Sie doch bitten, die Verlegung nochmals zu erwagen. Wir
wiirden uns jedenfalls herzlich freuen, wenn Sie uns diese Auf-
gabe libertragen wiirden.

Mit den besten Empfehlungen
Ihr Ihnen sehr ergebener

I

POSTSCHECKKONTO KOLN NR. 88394 • BANK: STADTSPARKASSE BAD GODESBERG 7903

/

'/-H i/y^X-^ iy^^

>liA-^2=sCL/.

cJfj>^

r<^

V

^

DEUTSCHE VERLAGS-ANSTALT GMBH. STUTTGART

BUCH UNO ZKITSCHRIFTENVERlJiG RUCHDRUCK EREI BUCHBINDEREI PAPIER FABRIK EN

S<:bliei(a«4i 209 • l'oaU«li«ek StKt. Nr. 7 • SUdl. GirokaMo Nr. 62 000 • HandeU- u. (;«werbelMnk Hailbronn Nr. 00/07027 • Allg. BankgM. Stf^. • I^nd«Mentralbank Wdrtt. Baden 5/823

Vi r- c-Hj 1 1 \ r I ,T ijt, I I u :>" «^

(14«)STlJrT(;AI{TS, den ' • fir. I f

MorikeiitruGe 17 Kernriil 7 48 51/52 ^

nerrn rro lessor

Dr. Ernst Kantorowicz

Ins ti tut for Advanced Stud/

Princeton

(ISA)

Sehr vei-ehrter neri- Professor!

Als Verlag, der das Gebiet dur Bio raphie una aer Lars uuiiaag
historisch und iulturgeschicLtlich bed^uts r Epochen pfle^ t,
verfolgen wir ..lit besonderer .iufinerksa:i:keit nicht nur di^ neue-
sten Arbeiten, sondern auci; d^^s ocnicksal d^.r bereits orsohie-
aenen Standardwerke auf diesea oektoren. ...i :. -dauern haben wir
dabei festgestellt, d-aQ Ihre Arbeit uber PrieariCx^i IL., die wir
zu den eindrucksvollsten und unuoertrof :'enen Zeugnissen .. ^r
historischen :v:onographie zahlen, noch iiiimer nicht in emer neuen
Ausgabe gieifbar ist. Wrr haben dushalb in Erwagung gezogen, die-
ses Werk deiu deutscnen LesepubliKuiii wieder zu^'inglicn zu machen,
sofern Sie dainit einverstanden sind und die Vcrlagsrechtliche
Situation es erlaubt. Ler Veriag iiondi, bei dem Ihr Buch ersciiien,
ist in d^r alten Gestalt nicht wieder auf den Plan getre ten, _ und
der Verlag Kupper, d .,r seine Nachfolge angetreten hat, hat sich
offenbar zu einer Wiederaufnahme IhrcL. rkes in eein V^.rlags-
programin nicht entschlieBen konnen.

V«ir v/aren ihnen auIBerordentiicn verbanden, wt-iiii oiu u±i^ .uxuu^^^-
ten, Ob Sie uber die rtechte an Lhr Juch frei verfugen konnen
und, wenn dies zutrifft, mit uns uber eine Neuausgabe Ihres i^'riea-
rich II. zu verhandeln geneigt w'lren. Zu Ihrer Crientierur: ^^ber
unser Verlagsschaf f en lassen wir Ihnen mi t .^^leich^r Post einen
Katalo^ zusehen.

er>

Wir durfen Ihnen be^ aieser Gelegenheit auch die ^mpfehlung von
Herrn Lr. I^'^ritz Jafffe, dessen Sie sich sicherlich erinnern weiden,
ausrichten. Herr Jafffe ist bei uns seit etwa zehn Jahren als Lektor
und Jbersetzer tatig. Wir verdanken ihin die schone Jbersetzung d.r
Hadrian-iviemoiren von Marguerite ifourcenar, die in Leutscaland emen
beachtlichen Erfolg hatten. Er wurde sich wie wir ganz besonders
freuen, wenn unsere Anfrage zu eine..: positi\^en Ergebnis fuhrte.

In Erwartung einer Stellun^inahme sind wir

lungen

Ihre

I CHE V^L^

Liiit verbindliciien pfeh-

y^CHE Vy^tiJ

'? n:n-<.

xibi'Aiji Cji..iiiii

I

DEUTSCHE \ ERLAGS-ANSTALT GMBH. STUTTGART

BUCH UNI) ZEITS

SCHRIFTENVERI^G - BUCHDRUCKEREI BUCHB IN I) ER EI PAPI KRFABR IK E N

IliiudelB- und Gewerbebank lleilbronn Nr. 00/07027

rl ■ H,i.l«eHibuiik Stuttgart ■ Stadi (■.;r..L„...- StL't.Nr. 62 000

Ihr Schrciben

Herrn

Profoosor Err I. l:oru;;iuk.

The Institute i^'or Aavanced otudy

Princeton

xlevv Jersey

llnter Schreihen

(I4a) STUTTGART S, df-n 2 O ♦ 2 ♦ 1 ^.^ ^ f

Morikestra&r 17 Fernruf 7 48 fjl/jW-

J.J -L • -' /

Sehr geehrter Herr rroiesoor ..a.ntorov/-LCz ,

J.1 K^ J r e s i J. ot. '>!-'•

Herr L • -''elten uber,r^b :ir Ihr orief vom 2u.^o7,
anq de ir au 'onser :ro , . , 'xt

o ^ 1 nor .pupv rea i^'riednchs II.

abaasolien besclilossen haben. .^-^'^sn .^ , - ^ -i^

frc under ;on, elite: - -

zu verriciiern, dass cine ..uuliu^ ^' ^■-
7g- derzeit i.iit der Bercitocn-

rec^rinn dllrfta.

ohnp Ubertreibiin-' belr t werden, dass das

Versehwinden des . ^.^ /vor .. ^^^^'^ ff'^'^^^ ,^,^
eine schmerziieh .^.funden. acke >)■ tet. -^^^ "^-

dererscheinen wiirde insondv.....eit - _— --^^ i^ ^ ^^-^

durch schwere ocliicksale innerliu.. ^.^If^

c;ohen Ju^'-end entgegenko ■ i. .'ir i^iucntc.. -<-. ....^.. ^

fiir aus -:e3clilosse alte; . -lo - .^,^ _

dies-- .sichtspunkten ^^^^^-

prr ^^•:.

__: . r, .0 verwechseln oie aiicii

London, teils in Stuttgart iebt und oio grussen L

Ich seiber habe Sie nu3^ ^^ j^^^^^S in -''rank^^- -^^ ^ /'^^
galernt. . ir ..'leichwoh' -_n9gru...e - .,
von Ihrie- -icht 2U erhalten.

J •

i.x-L b

jlien und G-r

Ihr s ?hr er.^^ehener

pn^

I

DEUTSCHE VERLAGS-ANSTALT GMBH. STUTTGART

BUCH- UND ZEITSGHRIFTENVERLAG . BUCH DHUCKEREI • BLCHBINDEREI

Schlie&fach 209 • roBtM^heckamt Stgt. Nr. 7 • LandeMcntralbank Baden -WUrtteoiberK Nr. 5/823 • Kbein-Main Bank Stgl. ■ UandeU- und Gewerbebank Ileilbrunn Nr. 00/07027
SlIdt.CirokaMC Stuttftart 62 000 • VerUgalrituog : Stuttgart S, Morikestra&e 17, Fernrul 7 48 51/7 48 52 • Ausliclerani; : Stuttgart N. IlospiUlstrafte 12, Fernruf 9 10 15/9 23 32

Herrn

ProfesoOr ^rnst H. Kantorowicz

The Institue j^qt advanced Study

Princeton

1^ e w Y e r s e y

@ STUTTGART, d.n 30.8.1957

Lr.J/Da

Sehr geehrter Herr Professur,

in einem Gesijrach, dass ich vor wenigen Tagen mit
angehenden Historikern fiHirte , kamen wir unverse-
hens auf Ihren Priedrich II. zu sprechen. jis stell-
te sich herau^,'dass die noch erreichbaren h^xem-
plare des klassischen ,erkes von hand zu Hand ver-
liehen v/erden.

Nicht zum ersten iviaie konnxe ich feststellen, wie
ehrlich das ij'ehlen einer neuen Ausgabe in Deutsch-
land bedauert wird. Dass eine sulche von der deut-
sclien Offentlichkej-t mit grosser j^reude, ja mit Be-
geisterung begrusst werden wurde , kann keinem Zv/ei-
fel unterliegen.

Gegen meine Gewohnhext erlaube ich i.dr daher, noch
einmal auf diese durch Ihren abschlagigen Bescheid
abgetane Angelegenheit mit der Bitte zurilckzukommen,
Ihren nintschluss noch einmal zu iiberprufen. oo
sehi ich die Griinae, die oie zu Ihrer Ablehnung be-
stimmen mogen aach achte una wurdige, so sehr be-
trachte ich diesen abermaiigen Versuch, oie umzu-
stimmen als meine Pflicht.

Wenn ich damit die Gefahr, Ihnen zudringiich zu er-
scheinen, auf mich nehme , so nicht zuletzt auch da-

rum, weil eine thematisch nicht ganz fernliegende

Neuerscheinung mich zu meinem ochritt ermutigt. Albin
Michel hat vor kurzem eine Biographic Saladms von
Albert Champdor veroff entlicht.

Obwohl sich dieses Buch weder an v/eite der Ges±chts-
punkte noch an Brillanz mit dem Ihren mest3en kann,
wird doch die Aufmerksamke±t des Publikums auf das
Zeitaxter gelenkt, das dem Leben des Kaisers unmit-
telbar vorausgeht. Die Parallelen und Zusammenhange ,

b.w.

die sj-ch ausserdem ergeben, brauchen nur angedeutet
zu werden.

All diese Umstande veranlassen mich dazu, Ihnen un-
seren Vorachlag vom Februar des Jahres noch einmal
mit der Bitte zu unterbreiten, ihn in Erv^agung Zie-
hen zu wollen. Es v;are nicht nur ftir uns, sundern
ftir viele, die Ihrer noch gedenken, e±ne grusse ?reu-
de , \^en.n Ihre Entscheidung diesmai positiv ausf alien
wurde.

In jedem Palle ware ich Ihnen fiir Ihre freundliche
Stellungnahme ausserordentlich verbunden and ver-
blelbe

mit den besten '^linschen und (xriissen

Ihr sehr ergebener

/

DEUTSCHE VERLAC:^S-ANSTAL

Lektorat

(}i..BH

GEORG OLMS

"ma/^Mm

'af^f

W

Herrn Professor
Ernst i-i. Kantorovv'icz

,,,, _ HILDESHEIM . AM DAMMTOR

-Lne InstiLUoe for Advanced Gtudy

rrinceton / ^^ . d" .

U5a

IHR ZEICHEN

IHR SCHREIBEN

20.9.62

MEIN ZEICHEN

0/S

FERNRUF 5501 • TELEGRAMME: BOOKOI.MS HILDESHEIM

1H. 10.62

Sehr geschatzter Herr Professor,

darf ich nich noch seiir fur Iliro -eilen vom ^o Ser^tPnhP-P
bedanken und Ihnen sagen, dalB ich mich ube? Iln^e 'CicS
auBerordentlich gefreut haLe, rait dem Kupper Ve?lag! vor-
mals G-eorg Londi, nuninerir wegen einer ITeuauflarP riP^
Knl.ER FRIEDKICH II. in Verbindung zS tr-ele^! L'rn stehe
ich ilinen wie dem Kupper Verlag jederzeit zur VerfUgurg
solloen bie irgendwelche Pragen bezuglich der ^euro^rathie
i?ufP ^^^^f /^^^^-n. aerade auf diesem Gebiete habe^wif ^^^
Lciuie der Jahre viele wesentliche Erfahrungen machen kcinnen

iiit freundlichen CrrliBen
bin ich inzwiscljen
Vm ergeberr^x

(v/. '-'hirgHilns)

Postschcck: Hannover 99773 • Bank: Hallbaum, Maier&Co., Hannover 15018

20. Sept. 19^2

Herrn Oeorg Olrna
Am Daantor
Hildesheim, Germany

I

I

S^ir geehrter Herr Clws,

Ich bc3tiitip,e pern den ^^'^r^E^.%^^[^V'^'

schen Schreibens vo« 11. ^5^-2L^^;:^^,Sch "L
Neuauflage meines '^ches Ulnar talser nr r

'"'''fh;en arre.enden VorschTrf.en fol.cn<^. "VS^J^f
Georg -^ondi. In Verbindur- treten unc f ^^j",;^^''

In der Zwisd-enzeit danVe ich ^.'^.^'L^Ul^ '-,^0-
fUr Ihr Interesse und f'Jr die prosse ^.Anre Thres ne-
f es, der ndch in mancher I!insic^t erfrcat*.

Vit voraii^lichster Tiochacht-ui«

Thr

Ernst H. Kantorcrwica

Herrn Professor

iJr, phil, Ernst Kantorowicz

The Institute for Advanced Study

22 Alexander Street
Pinceton / N,J.
USA

GEORG OLMS

HILDESHEIM • AM DAMMTOR

IHR ZEICHEN

IHR SCHREIBEN

MEIN ZEICHEN

FERNRUF 5501 • TELEGRAMME: BOOKOLMS HILDESHEIM

0/S

11 o 9. 62

Sehr geschatzter Herr Professor,

erlauben Sie mir, dafi ich mich mit einer recht uixL;_^i-uuii..-
vollen Prage an Sie v;ende. Ilein Verlag hat in den vergan-
g^nevL Jahren eine Pioihe geisteswissenschaf tlicher Standard-
werke durch reprographische Nachdrucke wieder verfug"bar ge-
macht. Ich sage Ihnen gev/iB nichts Neues, \^Qr\TL ich hervor-
hebe: keines unserer bislang gefertigten oder zur Subskrip-
tion gestellten Bucher ist so dringlich und v/ichtig, v/ie
eine Neuauflage Ihrer deutschen Ausgabe von

PRIELKICK II einschlielBlich des Erganzungsbandes.

Sie werden, verehrter Herr Professor, Ihre guten G-riinde haben,
wenn Sie einem Anliegen, das mit Sicherhoit imrner wieder an
Sie gestellt wurde, nicht entsprochen haben. Pur so verschla-
fen kann ich den internationalen Verlagsbuchhandel auch wieder
nicht halten, daO er Ihnen hier nicht wiederholt zusetzt.

Bitte, sehen Sie es mir nach, wenn ich die Stirn habe, mich
nun heute in dieser Sache auch zu melden.

V/elch dringendes Desiderat Ihr \/erk in der deutschen Ausgabe
ist, welchen liang und Ruf dieses grolBartige Buch geniei3t,
wie sehr das Ileuerscheinen begriiBt wurde, all dies brauche
ich nicht anzufuhren, es ist Ihnen ebenso gut - neir - weit
besser bekannt.

Hier aber ein wesentliches Argument, welches ich in die '/aag-
schale v/erfen kann. Japaner, dem Welturheberrechtsabkommen
nicht angeschlossen, beabsichtigen liber kurz oder lang eben-
falls Reprints herzustellen. Han verspricht sich dort offen-
sichtlich noch einiges, da irgendwelche Rechte nicht zu re-
spektieren sind. \7ird es dazu kommen, dann ware es verwunder-
lich, aber auch schon sehr verwunderlich, bliebe das Spitzen-
wcrk der deutschsprachigen Titel unangetastet . Dieses ist mein
spchlich-nuchterner Beweggrund. Um einer solchen Gefahr vorzu-
beugen, sollte ohne Zogern eine Ueuauflage reprographisch oder
im Neusatz, mit oaer ohne Zusatze des Autors heraus^ebracht
werden.

-2-

Postschcck: Hannover 99773 • Bank: Hallbaum, M.iitr&Co., Hannover 15018

_ JBUn rum Schreibcn vorr

GEORG OLMS
HILDESHEIM

-> Y^ Cs. "^P'

_C -Li

"^pI p

t

u 1. J.

n-4

L.

w ::; t-

^ c - ^ - .j_ff Q^s ue^-

ielhaften \vi. LXiicnen .es "" '

n i . , -'lite ei: t o

\. .i> ^^

1- ^ J- -„ ^

aelbst in seir

v,--,.v

<~. ITT

en, aieses

-fhon P'~i_

Sua XL en iDie

m emer nur allzu berech"^'" ""•'
deutschen Yerlf ■ ese

, ii der H. r^er Yerlf.r , Luse

-Liii

aiaex

.in? 1st es so, ^.^ der H. . ;'er Yerlf.. , Luse . irf,
die Yerlagsrechte waiirt u: :>ie gera.. •: _ m nicht die
Erlaubnis gebei. ...Jchten': ihen Sie bitte ineine in-
diskreten Fragen, Aber ich halte Ihr Ver>: f^elbst- f

wichtig, als dai3 ich nicht den - - -•_ _- --^•-- -te,

verehrter, lieber Herr Professor Kantorowicz, erteilen
Sie die Lruckgeneliinigung, und wenn nichx dem Kupper Wr-
lag, so ein' -deren, liber jeden Zweifel erhabenen.
Ler Kupper Yerxag nuBte doch schlieBlich finanziel" ' -
friedengesxellt werden YJormen^ \mlx er L;einerseits nicnx
Llockiert .

■.,...■...: ens hatte ein^ ..nregung Ihret s &/ . ^

und wollte ?Ri:.D?JCH II, Le arte venandi cun avibus sofort
auflegen, fand aber zu neiner Lnttauschung - sxaxx mm rTfrV-
bar zu sein - daS der Insel Yerlag 1942 durch Professor
ville n diese£ " rl: in einer vorr" -lichen jiusstattu- -^ -- -«
legt natte. Ich w -/ieder eitel Hon: -, als ich horX'^,
es^solle alles verbrannt sein, und nu: "' - " lart len
in die nitteleuropaischen Bibliotheke: - . _ ch-
messe sprach ich vergangenes Jahr nit Ir. r'. ■■ m insel Yerlag
und, verstehen Sie bitte mein Lntsetzen, er karji . .icht.
Das I'latte aber v/ieder seinen Yorteil; er nachte nir groBe Hofi-
nungen auf eine ITachdrucklizenz. Seine Yerhandlungen mix dem
Leipziger Haus ergaben, daB man es dort selbst nachen wolle.
Bislang war iedoch nichts dergleichen zu horen, und auf der
dies, n^Buchmes 1- r nachste: "-'
eimnal nacnfassen.

tjarire xina

rde ich wieder

3 die.
n. der die ^roBvaterliche

Zu meinem Yerlag: ich bin
lung meines Yaters ubernc.._

lung aus politischen Griinden wahrend des -, jen Reir-^'^^es

nicht hat fuhren, ja nicht einmal seinen Beruf hat ausuben ..-.nvf^
1954 habe ich neiner Pirna ein wissenschaf tliches Antiquariat
und 1957 wieder den Yerlag b: ^ :' ert, der 1955 vollig hatte
auf eben verden i '-en.

-3-

, Blatt zunri Schrciocn vom

• U^

GEORG OLMS
HILDESHEIM

Verelirter Herr Professor, lun wu±i;., icn cm verme;
aber dennoch mochte ich Sie herzlich bitten, mir ei
offen Ihre Ansichtr Ihrern PH: iben.

Gern hore ich vor .nen und bin

"n

4 4- ■£*

■""eundlichen

■ii— Ui.

P,S. Sie werden gev/iB unser Verlagsprogrann bereits kennen.
Dennoch mochte ich Ihnen mit getrennter Post uns^--^
letsten Verzeiciinisse einmel zugehen lassen.

Jagd mit Vogeln

|\;is gelelirte, mit sachkundigen Miniaturen
'-^ geschmiickte „Vogelbuch" des letzten der
grofsen Stautcr, ein '^'erk des Mittelalters, in
dessen Kapiteln neuzeitliche Sachlichkeit slch auf
cine immer wieder verbliiffende Weise zu Worre
mcldet, wurde bereits 1596 — allerdings unvoll-
stiindig — gedruckt und ist seither immer wie-
der Objekr der Lekture und Betrachtung ge-
wesen, da an dem Inhalt nicht nur die Biogra-
phen des Kaisers, sondern auch die Kunstge-
schichte, die Narurwissenschafr und andere Diszi-
plinen interessiert sind. Aber eine — auf alle
noch vorhandenen Handschriften gestiitzte —
Ausgabe des ganzen Textes hat erst 1942 der
Insel-Verlag herausgcbracht. Zu verdanken war
sie dem Bonner Historiker C. A. Willemsen, der
mit der staufischen Kultur in Siiditalien vertraut
ist wie kaum ein anderer. Seine vorbildliche
Edition hatte nur die eine Schattenseite, dafi sie
selbst fur solche, die im Latein noch firm sind,
oft schwer zu lesen ist, da im Text eine Fiille
von Tiernamen und Fachausdriicken verwandt
wird, die selbst Speziallexika nicht verzeichnen.
Im jahre 1943 brachten deshalb zwei Ameri-
kaner eine Obersetzung heraus; sie ist jedoch
/ seir langem vergriffen

Die erste vollstandige Obersetzung in deut-
schcr Sprache liegt jetzt vor

Kaiser Friedrich der Zwclte: „t)ber die Kiinst,
mit Vogeln zu jagen", unter Mitarbeil von
Dagmar Odenthal iibertragen und herausge-
geben von Carl Arnold Willemsen; Insel-Ver-
lag, Frankfurt; 2 Bande, 280 und 296 S. in
Quart mit je 10 Farbtafeln, Halbpergameni
420,— DM, Ganzpergament 880,— DM.
Die Bande sind so gesetzt und ausgcstattet, daB
jeder Bibliophile sie mit Vergniigen in seine
Buchreihen einordnen wird.

Einen mittelalterlichcn Traktat in flijssige<i
Deutsch zu ubersetzen, ist sehr schwierig; <^^^
ist dem Herausgeber jedodi in geradezu uber-
raschender Weise gelungcn. Da es zur Zeit keinen
kundigercn Interpreten gibt als ihn, der sich
seit Jahrzehnten um das Verstandnis des In-
halts bemiiht hat, sind die beiden Bande auch
sachlich als Musterleistung zu bezeichnen. Zu
ihnen kommt noch ein gleich ausgestatteter
Kommentarband, in dem Willemsen den Stand
des Wissens zusammenfassen und den Text lau-
fend erlautern wird. Dann konnen wir sagen:
endlich ist Friedrichs „Vogelbudi" so ersdilossen,
^N ie dieses einzigartige Werk es verdient.

Percy Ernst Schramm

f^'^-i^

/

/<^^

^-

•^(/D^

HAUDE & SPENERSCHE VERLAGSBUCHHANDLUNG

GEGRONDET 1614

Herrn

ProF. : r. i^rust ivantorowicz

22, Alexnnder ^ treet

Princeton^ Nov Jersey - USA.
Institute for AdvancLMJ Stutiy

BERLIN-CHARLOTTENBURG 2

HARDENBERGPLAT2 13

TELEFON 32 51 41

Postsdicckkonto :
Frankfurt (Main) Nr. 180 06

Bankkonten :

Bank fiir Handel und Industrie AG., Berlin

Konto Nr. 19 4155

Dresdner Bank AG., Frankfurt (Main)
Konto Nr. 48 591

lUtUil

Ihr Zeichen

Ihr Schreiben

Mcin Zeichen My/Liu. BERLIN, 1 '. Februar 1963

Sehr geehrter Herr Professor,

ich muB heute docb noch einrnal auf meiiien Brief vom 2?. November
zuriickkoniinen, zu ueiii ich leii^er Ibre froundiiche Stcll ungaahme
bis heute noch nicht erbielt.

Uas 1 robiein eines Naclidruckes Ihres Werkes "Kaiser Friedricb der
Zweite" beschiiftigt mich iiach vie vor und icb ware scbon zufrieden,
wenn ich erfabreii kdnnte, dali dieser Nachdruck vom ileimut Kuppor
Verla^, vormais Georg Bondi in Miinchoi- , veranstaltct wiirde. ils
gebt niir debei nicht nur urn die Frage , ob der Kiipper Verlag o lor
ich Oder gegebenenf a i is jcmand an<lers mi h :liestra Nacndruck auf den
Markt kommt; es geht rair Habei auch daruni, zu erf ahren , ob das \/erk
uberhaupt denniichst wieder erscheinen wird, nachden sicb ineine
Schwesterf irma , das Antiquaries t Robert Fricke Grabd., angesichts
der laufend eingehenden Gesuche und Anfragen fiir einen grbUeren
Vcrkauf interessicrt .

Ich wiire Ihnen dah^r, sehr geehrter ilerr Irofessor, sehr zu i^aim
verpf lichtet , wenn Sie inir schon bald sagen kdnnton, wie diese
Ano-eleg^c ihuit stent una was aus ineiner Anregung gcwordeu ist.

Mit vorzuglicher Hocbachtung

iLvubh: 8t sp^N :dsciiii;

Verlagsbuchh/Zidlung GT.bK

(H. Meyer

MHgli*d d«> MrMnv*r«int

4*i D*uttcti*n tudihand*l(

Frankfurt om AAoln

Gerichtsstand : Berlin (West) und Hamburg - Eigentumsvorbchali gem. § 455 BGB

HAUDE & SPENERSCHE VERLAGSBUCHHANDLUNG

GEGRONDET 1614

•^t/D^

Herrn

x'rof.Dr. phil. o^rnst Kantorowicz

22 Alexander otreet

Miicetown N. J> / UoA
Institute for Advanced Study

BERLIN-CHARLOTTENBURG 2

HARDENBERGPLATZ 13

TELEFON 32 51 41

Postsdieckkonto :
Frankfurt (Main) Nr. 1 80 06

Bankkonten :

Bank fiir Handel und Industrie AG., Berlin

Konto Nr. 19 4155

Dresdner Bank AG., Frankfurt (Main)
Konto Nr. 48 591

Ihr Zcichen

Ihr Schrciben

McinZeichen jJ-y/Kur BERLIN, 9^ AUgUSt 1962

4fc"

Sehr geehrter Kerr irrofessor,

Ihnen ist sicher bekannt, daI3 Ihr i3uch, Kaiser i^riedrich der
Zweite, Hauptwerk und Erganzungsband , standig im deutschen Anti-
quariat gesucht wird und, wenn uberhaupt vorLanden, zu ziemlich
hoiien Preisen gehandelt wird.

Ich trage mich daher seit einiger Zeit rnit den aedanken ,von Ihrem
</erk einen fotomechanisciien Neudruck zu veranstalten. Ich habe
mich deshalb an Frau Ursula Kupper, Inhaberin des Helmut Kupper
/erlages, vormals G-eorg Bondi, in Liinchen gewandt und uiri Auskunft
gebeten, ob ich fur eine seiche Neudruckausgabe die Verlagsrechte
erwerben konnte. Frau Kupper hat mir vor einiger Zeit geantwortet,
daB sich das Verlagsrecht zv/ar noch in ihrem Besitz befinde, dalB
aber oie, sehr geehrter Kerr Professor, den Wunsch geauBert hatten,
daB Ihr Buch vorlaufig nicht wieder verlegt werde.

Ich erlaube mir daher, 3ie heute in dieser Angeiegenheit direkt
anzusprechen. Die wirklich betrachtliche Nachfrage auf dem Anti-
quariatsmarkt nach Ihrem 1927 bei Greorg Bondi erschienenen Buch
veranlaBt mich, 3ie selbst in dieser Angeiegenheit urn Ihre freund-
liche Stellune;nahme zu bitten. iMaturlich kenne ich nicht die ariinde,
die fur Ihren 'von Frau Kupper mitgeteilten Wunsch Veranlassung wa-
ren. Ich glaube aber, daB es far den deutschen Buchmarkt ein er-
freuliches Ereignis ware, wenn Ihr Buch v/ieder erscheinen konnte,
was vor allem von den wissenschaf tlichen Interessenten besonders
begriiBt wurde.

Meine Vorstellung geht dabei dahin, von beiden Banden Ihres vVerkes
einen unveranderten Neudruck anzufertigen, wobei eine der drei
ersten Auflagen, die meiner Kenntnis nach alle unverandert waren,
als Vorlage dienen wlirde.

Selbstverstandlich bin ich bereit, eine angemessene Lizenzgebuhr
bzw. ein ebensolches Honorar zu zahlen und ich konnte, immer Ihre
freundliche Zustimmung vorausgesetzt , das «Verk schon im nachsten
Jahr zur oubskription stellen und zum Herbst herausbringen.

- 2 -

Mitgli*^ d«t Mrianv*r«int

d«i D«utich*n Buchhandali

Frankfurt om Main

Geriditsstand : Berlin (West) und Hamburg - Eigcntumsvorbehalt gem. % 455 BGB

\

- 2

Die Produktion von Neudrucken hat sich ja in Deutschland
nach dera Kriege besonders entv/ickelt. Ich selbst habe in
diesem ^ahr einen f otomechanischen Wachdruck von Lipperheides
beruhmten Spruohwbrterbuch horausgebracht und damit sehr gute
Erfalirungen gemacht.

Mein V'erlag, der ja der alteste Berlins ist und im vergangenen
Jahr seine Tati^keit wieder aufgenonimen hat, ist Ihnen, sehr
geehrter Herr rrofessor, sicher bekannt. Ich bitte Sie, sich
uber meine derzeitige -^roduktion an nand des Veigefiigten raate-
rials einen uberblick zu verschaffen.

Ich Ditte Sie, meine Anregung wohlv/ollend zu prufen, und v/urde
mich freuen, wenn sich daraus eine Zasammenarbeit er. ^:be.

Ich danke Ihnen im voraus fiir Ihre freundliche Stellungnahme
und begrilbe 3ie

mit vorzii/^licher riochachtung
Yerlagsbuchhandlung

Anlar-en

(h.Meye

^

^:. .IJvQUschner )

20. Sept. 1962

Haude and Spenersche Verla^sbuchh and lung
Ilardenbergplatz 13
Berlin-Charlottenburg 2, Hermany

S^r f^eehrte lierrpn,

Ich be^tStige dankend den a«pfang Ihres Priefes vom

9» August.

Ihre anrej?enrier Vorschl^ge bi*7A;plich einer neuen
Ausgabe meines Buches Uber Kai'^er Friedrich ien ^'veiten
haben mich sehr interesfdert. ^>ie haber mich veranlasnt,
tnit dem Helimit KUr>oer Verlag, vormals Oeorf^ Hondi, in
Verbindung 55U treten und mit Frau KUp^i^cr Uber eine Teu-
a isgabe meines Buches za b era ten.

Mit vorzUglicher HoachVong
Ihr

/

^nst H. Kantorowicz

f

H(i

L r

i t; e J c

cu

r

i) .re er» Ihren r t,

^riefwechsel (v. ^»'^

vomehFien?
a) ^inban^!: ^> ' ^^QntorowiC7

Kali^er ^rit^arich der " veite

e Anordnu

V > n r

''ckenl

/■ > . . y > 1 < ••« A r ■

UJ1|

^ledrich 1 I

•ondi

d)

e

r

h

1

i

'c' iitzunr»chlag entv^^.pre
rn< f der ^M telReite

id, nur

a

Schrr'Utztitel: Kainer VrienricM d.i^v

^^auottitpl wi eir:^ Ki nbarid :: --
'idTur.^ f^'r .t^cldenar rxKuii

we 1 1 c

■c^'ut :

Ar^^vpr. erku

' ♦■f^^ It

Oopyr1/':ht auf der RiiokFelte do3 !'auptti tels

^)ie eirib'^*ridi.:e Aus,,abe w'^re billi^er, doc . t eine Lwel b'ndl^^G

ffir der. I.eser benser Z" ' "^^^^^^^^ en. Teh vr'■^^^ ^ie £:a'ot h -Ynd i /-e
Aus^abe vor.

An Vorwort dea IJr^nnzurirTsb^uides '^n ert sie'-^ w^hl >nc^ts?

y\\v die Abbildunfren slnd mar die iralvanon Hfr die ^U^n'/er vorhnn-r

den. Die -^nderen J.aRr'^**' r. ^ .^v, nber berstp' i ^''^^ , •■* • • c^^t: -o

^'lut.

3.) Aufla.^^enhohe 2ooo ^xeniplare

4.) "firden "^le Ihr H- nor^ir von 1'^ ' ^nV lo '» rr-^jzi ren, i:

(ienpreio etwaa zu entlaoten?
5.) Laienpreia vprnutlich '^ ' ' t3,-
!!erp.tellen wiirde Ich das 'uu'i "- "

V\St micb ^^^arbeitet haben um^ aiie Au3,;.'iben cIt <ifiri?eniu 'laf t
^^uch»»':e9elin*?yiaft oublizleren.

J^otokop \a 'rjnsu<^uu, die

\.

Box S-

p,h(aA^t fcxfiex^ [f<^anh^ou<f'^c-\ja(l^ ) R>(cUr >(

k'cio+tx

o c<J » C

I (^^i^^

\<t\c\c^'r p^-p«j

7Pi^

iiRNST H. KANTOROWICZ (SALZ) COLLiriCTION

AR 7216a

Box 7

Folder 1

Folder 2

Folder 3

#

Folder 4
Folder 5

Guide to dates of the loyalty oath controversy (1949-
1053), drafts of loyalty oath statements by EHK and
others, materials related to the Academic Senate of the'
University of California at Berkeley

Correspondence and miscellaneous material related to
EliK's first jobs in V\q USA, correspondence with other
Universities, Com.mittee on Social Thought , 1940-1945,
correspondence concerning job offers and lectures, 1950-51

Materials related to the National Refugee Service,
correspondence concerning post-war Germany

EIIK's correspondence at Princeton, 1051-1963

Miscellaneous n?.t3rials including review by EHK,
list of his publication^^ reprint of article on EHK,
obituaries of EHK, coirblence letters including one from
01 gn Schnitzler

Folder 6

xMiscellaneous materials including reprints of articles
by EHK, honorary degree (6rom Lawrence University and
related correspondence, documents related to other
honors

#

Folder 7

V

EKas certificate of registration (original) in England
issued at Oxford, 1934; photocopies of 2 passports (German) ;
and military identification papers, 1914-19 (originals)
File of correspondence with publishers, booksellers and
similar material re: reprint of Friedrich II (German),
1953-63.

Box 8
Folder 1

Biography:

AR 7216b

Papers of Richard Kandt (Kantorowicz) :

born: Pgsen, 17 December 1867

died: Nurnberg, 29. April 1918.

cousin of Ernst Kantorowicz (abandoned Judaism and
changed name) . Kandt known as explorer and Africanist?
financed 5 year expedition to German protectorate in north-
west Africa, 1897-1902 (Like Kivu, discovered sources of
White Nile, and East Africa=Ruanda) ? book Caput Nili
(Berlin 1904) with Kandt ' s inscription in LBI Library;
second Africa expedition 1903-7; appointed Kaiserlicher
Resident (Chief Administrator) and Judge of Ruanda, c. 1908-14;
volunteered in World War I, died as a result of injuries
on the Eastern Front.

Poems, letters, maps, and obituaries about the life of R. Kandt/;
Most material from 1918.

mi

\

I

(

74

J)cu<fd)e 2UMctitni5etttiit{).

5T?r. 5

DcvbrniifT) ??crficn? ni^ticfcrt Oattc, fti^nte fcinc ^icfcntnoni c'lih
bn VliiojaU bn bn\i\d)cn \mb Oitcrrciri)lid)cn ^^abrifntc ir.acOtc
fid) bemcrfbar. 5)ie ^pcrniiui bcx alku 'V^anbcl^menc imtfjtc in
cincm nod) \o unentRnrfclten i?an^e cine Ijcillojc il^rnulvninij
I)cnHn-n!feii. 3:a§ VlOflaucn bcr anc>Ianibi[d)en Alapitalicn
luiir^c fd)iiicr iMiipfimbcn, ber llmlaiif bcr ;'ViI)lim(V?mittcl Iht-
min-beitc fid) un^ bxMtc bic rtcviiuie Alaiiffidft nod) mol)r I)cr»
(lb. STie I'ucfiniiiui ^er llobcnuad)um"| ^cr .!pan^e(C'ftrn Bon licfj
crneut cin fru[j(id)p§ 5)?aubcvtiim au'ffomnicn. 3^ie ilUinjaiifle
in Di'nfilanb luirftcn (jicr nod) nufiTi^cnb ba]u.

S)n§ (ynbcrnebnis bc§ .fhiencS tvlxb cine erncnte U)irtjd)aft-
Iid)c ed)U)ad)nnn ^^JcrficnS [cin, (fine I)ilfreiri)c i^mb, trilftic]
ncfid)vt, uiirb I)ier ba^ bcfte poriti|d]e 53iittcl fein! i'cnfc man
bic Verfifd)e 3i'cic^>an^^[nf)r, uicldje 1012 14 227 000 ,Urnn bc=
trno, bcm bcntjdjcn yj^nfte ^n, ncf)me man ben pev[ifd)en
^JJiarft me()r fiir rti'tiorfnetc ^rnd)te, ©nmmi, ipante. Opium
in 5(nfprndi, trape man c\\oU{) C^nnlanb ^ox(\e fiir bii^
Verfijd)cn il)crfcl)r::met]c! (v^ nnterlicnt moI)I l/cute fcincm
3meifel, ba^ ^erficn ber Ziixhi f)ente milliner cntnencn--
fommt al§ feinem natnrlid)cn ^einbe Grofjbritannien. ilebcr-
fe(}en loir f)icr in bic[cr )oid)ti(ien r^rane ben red)ten ^luaenblicf
nid)t! e^rinnere man fid) bcffen, ba^i ein britifd)cr lleberlanb'
\vcc\ wad) :,^nbien nur burd) cine ?lb=
I)anninffit ^er[ien§ Hon Ooro[jbritonnicn
311 ermbiilid)cn ift. ^U'r)icn (Ynnlanb an§=
liefern f)ei|t :,snbicn (ynolanb bop^elt
befeftinen.

Dr. Richard Kandtf

S?on Tx. ^. ® t II T) I m n n n.

?(m 29. npxil ift in 9^urnbern nl§
^tabc^ar,^! ber (•ocfjeinc Dieoiernnoyrat nnb
ilaijcrlidjc Oicfibent bon Dhuinba, 3)r.
9{id)arb ^anbt, nac^ lancjem qnal=
bollen Cciben bcrftorben, ba^ 'cr fid) in
?lH§iibung feine§ U3ern|cy im ^elbc an ber
Cftfront ,^niie;^oncn I)atte. Wit if)m ift einer
nnferer bcfd[)inftcn Aolonialbeamten an§
b?:n 2obc-n c\vjdv.Qbon. ^1?td|arb Avanbt ift
am 17. ^cjiember 1BG7 in ivofcn geboren.
(S'x ftubicrte in Ceip^in, ihind)en nnb
C^cibclbern nnb mar 1805/90 5lififten,^iU,^t
an ber Obcrfrdnfifdien Cx^ilanftalt in
Si3al)reutr). llrfbruntilid) 3rrcnar.;it, ioanbte
er fid) feit 1897 afrifanifd)en Dicifen jn.
^^(nc|e,H">nfn bon bem nralten ^^^roblem wad)
ben CucUen be§ 5^il, mar fein %^iai\, biefe
in crforfd)en. 3lnf einene Aoften riiftete
er cine 6?:)?ebition an§ nnb bcrbrad)tc rnnb
fiinf 3oI)re in ben ©ebicten meftlid) beS
U^^iftoriafee§. Gein ni^iM^^ iUTmbiicn
^at cr bicfem ibealcn ?)iuede nei>Pfcrt. ^!lUe Groebniffc fteClte cr
^em OJcid)e jnr ik^-funnno. ^^(nfjer fleinercn ^(rbcitcn iiber ba^
panbmerf in 9Juanba nnb anfu^r ben mil ben ?lnfnal)men anbercr
Ocmeinfam bcrbffent(id)ten ilarten mar ba^ foftbare (vrqebni-S
liefer crften Sieife fein in meiteften ^reifen befannte^i' '-l^nd)
„G a p u t N il i , g i n e e m p f i n b f a m c 9^ e i f c 3 n ben
D n e n e n b c § 9i i I §", bci?^ er mit bem ^^In^^fprnd) bon ?hetifd)ei5
3aratf)uftra bcoinnt: „50er bom %^'dbcl ift, ber mill nmfonft
Icben; mir anberen aber, benen ba% I'ebcn fid) c\ah — unr finnen
immer bariiber, )oa^S m i r am beften b a g c q c n o^^c"-"
11 nb mclc^ foftbare ^k^rlcn f)at 9f{id)arb ^anbt un§ ncQoben!
9Hd)t nnr entl)dU fein iHid) bic beftc nnb mal)rfte Gd^i'lbcrnnci
afrifanifd>er 3uftdnbe nnb i?anb)d)aftcn, nid)t nur gibt c-^
tine uncnblid)c J^iillc fciner pit)d)oloi'|ifd)en 53eobad)tuntien bom
6^l)araftcr frcmber 33oIfcr, c§ ift and) cine ber beften Ceiftunocn
bentfd)cr Citeratur, cin 33udi, an beffen fbrad)Iid)cn Sd)iJnl)ci'tcn
and) jebcr fid) erfreut l)ai, ber bent afrifanifd)en 33ormnrf
fremb ocgenubcrfteI)t. Xa^ 23ud) crfd)ien 1904, nnb nod) r)cnte
U)irb jebcr tenner ?lfrifa§ fa^cn, bafj e§ bi§l)er fein befferc?
^Ikrf, feine feinere ^eiftun<^ iiber bm bunflen .Continent ni^t
at§ ba§ unfere§ berftorbenen i^rcunbe§, biclleid)t mit 5in§«
nar)me bon Sd)mcinfurtl)8 D^Jcifcbud). C^crabe beim ?In§brnd)
bc§ ^rieoe§ IcQte ^anbt bie le^te ^anb an cine ^Jcnauflanc bc?^
^nd)c§. 9Sir maren bamal§ ^ufammen in ^^fffrn^ an ber
Oftfee, unb bie bort nt'frfiviebene (Jinlcitunq ^ur 5^euauflane
{bicnclt fein fcinfte§ ©mbfinben, geiot bie ilraft feiner 2)ar»
ItcllunQ. (Sine „6 m pf i n b f a m c 3flc i f e" fd)reibt er un§,
iueil er btcl auf ibr cmpfunben f)at — cine empfinbfame D^Jeifc
Juar fein ^an^e^ iehen.

23a[b fef)rte cr mieber auf ben 8d)aubra| feiner 5;dti(ifcit,
B^uanba, jurucf unb u?ar, al§ bort cine ilaiierlidje DRefibcntur

©r. Oiic^arb ^anbt f

cinnerid)tet )ourbe, ber neoebene 5)?ann, um ba§ )uid)tine ?lmt
,n uberneljmen, bem cinl)eimifd)cn ^errfd)er cin 23erater ,^u
ein nnb cine iUTmaltunQ cin,yiiid)ten. (^r ioar ber beite
.'anbet>fenner unb (jattc burd) jal)relannen ?(ufentl)alt m feiner
Ijumanen, rnl)ioen 5(rt ba^^ iU^rtrauen ber il^cbblferunn fle-
Uionnen. (vr mar ein yjiciftcr in ber iBcOanblnna ber Jarbigcn,
beren bdterlid)er J^rennb cr mar. 3)ie gan^c ^Iraft mibmctc er
ber iPcnualtunn feincS 53c5irte§, ber furs bor bom ^iricflc burc^
cine ilkil)n aufiicjd)loffen merben follte. 3)ie C^rnebniffe ber bur-
tifien VUbeiten Itcoen in feinen bienftlid)en !iH^'rid)ten. Seiner
2:dtiGfeit ift e§ jn bcrbanfen, ba\i Oiuanba nnb fein -Sjcrrfdier
ajjfinna im ^riene treu ^n 3^eutfd)lanb l)ielten. Xcx nrbfjte Xeil
feinc^ 3dh3 umr mit 5)htanba berbunbcn, nnb fo loar c§ ein
fd)R)crcr Sd)la<i fiir il)n, bafj ber ilrien il)n auf ciuem C>nm<it-
urlaub nbenafd)te. 8d)mer l)at er barunter nclitten, baf} ci qorabe
jet^t nid)t auf feinem ^Uajjc fein fonnte, nod) bid fd)mercr, al3
cr fein I'cbcnSiDerf jerftbrt fat) burd) bie fcinblidjcn ^lolonncn,
bie an% bem 5^o;'nonebiet I)erborbrad)en. (Sx ftclltc fid) al^3
(Stab§ai,^t ber 9feicrbe bem ^-I^atcrlanbc ,^nr il^crfuqumi, fdiricb
in ber crften 3eit nod) foftbare i^riefc an^ bem ^clbc fiir feme
^"vreunbe. 2c\n fd)mdd)tiner, immer fd)mdd)lid) anc^'eOenber,
aber feljr adfjcr Abrper ertrun alle Vlnftreununnen qut. 2l^eni-

Gcr mar ber J9eltfataftropf)e fein empfinb-
fame? C^emiit neit)ad)fen. Gin QriU)enber
patriot unb S^oalift, erlac] er lannfam
einer Arien54ifl)d)ofe, eincm '^inqft^nftanb
iibei bk 3ufnnft, bem 2;rude bc^ (>"^rau«
feuy. ?Uy er im Sommer 1010 auf Urlaub
in 3^eutfd)lanb meilte, berii!d)tc bet
Sd)reiber bicfer 3'^ilen if)n ,^nr lleber"
fiebelunn nad) $><tmbnrn ^u beranlaffen,
bamit er feine nmfantireid)en, l)offentlid)
crf)altenen ?lufKid)nunnen iiber Dhuinba
au'?arbeitete nnb meninften§ mdl)renb be§
Ariene§ am Aolonialinftitnt tatin U)dre.
9llle§ mar borbereitet, aber bic -Ixiffnuni]
follte fid) nid)t bermirflid)en laffen. Gr
farjte pIbtUid) ab, nnb fcitbcm lag e§ mic
cin !Sd)leier auf fciner Seele. (Jr fd)ricb
faft feinem feiner JTrcunbe mer)r, lebte nur
nod) fciner militdrikben Vriid)t. ^ei oer
C^ilfe fiir einen (Sd)merbermunbetcn gog
er fid) am 2. ^nli 1017 cine (^a§nergiftunc|
^n, bie if)m cinen 3?rond)ialfntarr^ bei-
brad)te. iyx mufUe in ben l)interen ^inien
5)ienft tun, unb bort l)at ex fid) bei ber
93el)anblunii ber cinneborcnen rutf)eni-
fd)en 3^cbblfcrunq in feinem nofd)mdd)tcn
^uftanb cine Sufeftion guncUHlcn, mit
^er er fd)merfranf im Tcjember borigen
:Saf)re§ guriidfam unb ber er nad)
unenblid)cm ^ciben — nur 50 3ar)re
29dre bic nebcrficblung nad) C^amburg

tiid)tigften Colonial*

alt — crlegen ift. .. .., ,.

mbglid) (lemefen, fo mdre einer nnferer ,...,,,... ,

beamten bem 3?aterlanbe crf)alten geblieben, 'ba^ il)n beim
2Bieberanfbau bon Oftafrifa nad) bem Ariege fel)r fd)mer ber-
miffen lyirb.

?lbcr and) feine jlrrcunbc entbel)ren ben feinfinnigen trcucti
m*punb, ber immer an anbere bad)te, nid)t§ fid) felbft gbnnte,
ber fiir jcben ein liebc§, fluge§ 2Bort ^atte, ber fid) in l)od)>
gebilbeter, fiinftlerifd)er llmgcbung am )uol)lftcn fii()Ite, bem
nicbrige (^efinnung cinen fbrperlid)en Gd)merg, cinen ^iif^ in
feinem (^cclcnlcbcn lierurfad)te; ein burd)aus geiftiger, dftl}c=
tifd)cr 5l?enfd), ber feine beften ^reunbe untcr' ben' Aiinftlern
Iiatte, ber ben fer)r menigen, benen er fid) crfdiloffen, ben gan^eu
^JJJcnfd)cn gab. Jir)ncn bleibt al§ bie banfbare erinnerung
ba%, ma§ cr gciflig il)nen gab.

Wnb er mar ftet§ cin (^ebenber. Gr mar cin gldn.^cnbet
^Ifrifancr unb biclleid)t ein nod) befferer 2:cutfd)er. ' o" '"oaff«
frug fd)ricb er im ^suli 1014: ,,55^al)rT!d),^^llTJttrt?f^n, meinc
C'^cimat, unb inbem meine C>dnbe fid) flammernb in ben Sanb
bor)ren, ift mir, a\^ ftrbmte au§ ber l)eiligen 3}^uttcrecbe neuc
C5ejunbr)eit in. meinen Ceib unb neue ,^raft in meiner 8eelc
©d)mingen. . . . Siid^er gibt c§, bic finb ber (^c\\t beffen, ber
e§ fd)rieb, ober fein 3?lnt ober fein ^?ox\. finb mandunal fein
•t>ol)C§ unb (5ble§, mand)mal fein (?d>limmfte§ unb Dflicbrigfte^^.
?lber bic§ ^nd) ift mel)r ober ift meniger — mie ir)r c§ neftmen
mont — benn e§ ift meinc S^tK-^^. Ut ^^<^^ unmicberbriutilirf)
baf)in ift. ... ^0 j\icf)c benn t)inau§, ein „gliicff)afte8 Sdiiff,
neue 3}leere unb C'idfen ju fud)en. 5J?enfd)cnr)ericn follen beine
gdfen fein, in 9)ienfd)cnl)er;^cn beine 9(nfer rulicn. Wbgen bie
feinbe bir gndbig fein! 2:a§ matte ein Qiitige§ (Sefdjidf. . . /

(fiU |u ijajj|. Mcto ,yiuutii»uaiicui)i ;

Kl.

/

(fitt i^fiiimnfrleben.

9^td)arb Stanhi aum (SJcbcid^tnis.

»r. Kwirstedt ^ (© t e q I i ^.

9Jeuii 3a[)rc finb e5 ftcr, baB id& i^mbl aum lefetcn g}]Ql
fat), ©r fa;n Dom ^biftoriafee ftcruntcr, als id), aiif ber 9kifc

m^-7/?^Tlff.?'.^¥ ""f ^^"^ ^al)n[)of ooii ajlombaffa in
5Bntifd);0flafnfa Iraf. 2)cutlid) wk aeftcrn fefte id) iftu uor
tiur, raie ran bann flemcmfam in bcm ^ote( C^ccil fvubftucfeit,
loie cr mWn e;uppe xmh Js'ifd) aufftaub, uni im Umbcv^
wanberu cmuje 3uoc auc ber miDcrmciblic^ea Sioarette ah
iun u;iD Dabciiu fci.iei' (ebljafien >^rt doii toanba ^li' crsuOIcu.
em flemcr, |d)mdc^ti9ei- itorper, ^aiier bis jur ^JJlaqcrfelt,
Don einen ungefunbcu Stvopein^elb; ha^ abcr aHc biiftercu
^rop^eseumncu ^u fd)anbcii madjtc : imb eln ©cift oou eiuer
©mpfmbfamfcit unb Mfjaftlrtfeit, bie aHem ed)ouen unb (§uten
fid) imUig offiicfc, bag raar ^^id^arb ^anbtl

UifpruiiQdcb Srrenarjt, bclrat cr, nod) ni*t i^O Sa^ie
alt, am 7. 3inai 1897 o)iafiifaiufcben Soben, urn bas uralte
^JroDlem berj)hlqucncn ^ lufen. ^illa DdHifl miab^anfliner
aJiann, ber ben Groftten STcil feiiica ^eitnnnene bicfer 3lufqabe
rcibniete, ^ai ^^. bann tiinf 3a&re in bm faqenbaftcn (SJc-^
biden gmifd^en 33iftona "^ijaiua unb 2:anaanDifafee, in Urunbi
unb yfuanba, {\QkU, Qcarbcitet nnh qelitten. SBeite Stretfen,
^le nod) icuies SBeiften ??ii6 bctretcn baltc, In benen ber
j^aluljiatel ubec ^.i^ailiouen Don 3)Jenfd)cii nnb Sanbevn
Derridjtc, buid)jpanocrte er, auf fic^ felbft rteftcOt, obue
cinen anbcren ^d)U^ al^, ben feiner nianscnben ^Irt, (Sin.
fieborcue ^n uerftefjcn nnb 511 bebanbeln: Unb rocnn er niit
^toM bamaf IjunrnQ, bofe er bie(e ^oelbeniat o&ne Scbieftcreien .
burc^fulHt" fo ifi bas ein 9Jul)me3liteI, anf ben er in ber lai
m fei.i burfte. ilHit firugen amtUd)eii ^jpebitionen nn^
befannie 2anbei unfer militarifd)em 6d)u^ buiM forfd)en/
tann enie^oiituurt [cm. m ^l^rioatmann bas ^u leifen
j^as ^anbt i)oUbrad)te, i f t bli 4)c(bentaf. mldntldn
(^(anbe bie CucUe bes ^J.ilS entbcdt m babcn, ficb ioi,W ■
id}a 1 icf) mdjt l)alle.i lafjen: qroBer unD iuid)liner mar bie
^(^imc^ ber (i;ui|d)Icierunfl bcs D^iefenreidjes ^iuanba, beS ■
Vaubes ocr PJiejen mh Der 3ircrqr, bie Ci^r(or[c6un(j bes bis
bobui piuftijd) fmt unbefannten .ftiroufce^^. ' ' ' •*

m^, er, 1002, nad) (^uropa auriidnefebrf, 1904 fcin ^cifc^ ;
r// 0)4^)'^ ^■'^^'■rfV^'^ enipfinbfaine ^Keiie ju ben Quellen ,
K,. / i^ clJ^^?J''l'*^^#^' ^^ i^'^'H^ «6 luie ein 3om;cn|uaijl
huxd) bie 22eU bev (^eograpljen unb 2lfiifaner. ^ier roar 1

md)t§ t)on bem trorfcnen 3^elfeberid)tcrftatterton, Ijicr roar eine
pnenbniiinq, fticr rourbe Slfrifa unb ber ^J^eqer uon bem ^c^
borcnca jycobadjtcr unb ^j^fodjofoaen aefd)i(bcrt. 5tVnblS
. Sbeif ift beutc roobl als ba^j flaffifd)e ^i(frifaroerf ber
! ;ieu,^eit aneifnnnt, roic bas bc3 2((tmeifters ber WtUa^
forfd)una (Ed)rocinfurtb^ „3m ^^craen uon ^^ifa'', ' baS
etanbarbrocrf b^r afnfanifd)eu .^eroen^cit bleibt. .^Sicr

)^^^l l^"^ pj^^.ll -'^'^^^'ht ^^^^f*^^^^ ^^^'^'^^ ^^^ ftlan;,cnbe
' r^}^^% ber najfiidje (5d)dberer, bee uon allcr Seibrtiibeiaebunq
I freie i^orfd)cr. ;j)]arf STroain faflt cinmal : 5Jid)tS if! fdiuerer

m cnmuibcn als b.e ^[i)^c eines i^onlas unb eines STJeaers.
: mt t>m 9?eflcr fcnnt — b. I), ibn bcflreifcn I e r n e n roiii —

jmrb ben <^roeitcn Xeil biefcfi SBovis reilos untcrfjjnibcn.

icanbt acljode AU Uii roeniflen, bcnen bie (5:rPeuran:S fiir ::cfen

rotc^ tnften ^eil ber Holonialpolitif auf afdfanifdjcm t:Mi\

crfd)lofen ronrb^ unb bicfem C^Iiicf ml)i in .rflcr i^inie linb
. feme i^etflunnen al§ gor[d)er unb fpdtcr ai^ dermal rmfcir^
. beamtcr gu oerbmifen. 3^m, bem bis bd^in rocitefien i^rci -n

unbefannten ^nuatnmnn, rourbe fiir feine J^eiflunaeu unb
; |cbilb-c;unflen eine fom,ai(*c 2lncrfennuna stUeil, roie fie in
^ if)rer^cltcn6cit rooftl cmalg bafiebt: fnapp iibcr bie mti^ ber

breiBtqcr ^aftre erbielt cr ben ?}ioten 3lb(crorbcn sroejfer ^(orf »
, eincfeltene5lnerFcnnunq Gcred)tferltnt burcb feltcne geifUmqen !
I 0-. r .."^ ^'"v^.^" ^uareifen beS roie fcin anbercr urn 2)eiiifdv

Dftafnfa oerbienten jegioen 3?eicb§tan§abacorbneten, beS CSJou^

Dcrneurs u. ^Jiecbenbern Ge^ang es 1907, 5^.nbtfur ben 9f.ir(j^>.

bicnfuu a<;uumien unb als bie 9?ef[bena in ^}Juaiiba eliiqc
, rid)te ronrbc, roar 5?anbt ber aegcbenc SKann, il)re (Sinridilmia

unb ^^erroa lung 5U ubemebmen. 2)ort, in bem uon ibm ml

roe.t bes5tiiufcesbei berJHefibens beS aJlfinga errid^tcteu

^'^?^i/^^tr^^ ^^""r?^^'^^^^^^'*^^ ^" ber (^rfd;{ie6unq biefes
au6ficbt6Doaen, menfdjem unb oicbrcic^cn Sanbes oonbvadit

pr ^riejisausbrucb fa^ ign auf @ri)olunn§urraub in 2)eutfd)^
anb, unb als ^^jt in feincm urfprunqncbcn ^eruf, ift er in
^Jiurnbeni ani;^ Jttprd ciner tiicfifdien 3nfeftion erfeaen.
. , 3^^'"' ,^,^ft«" geinfu^ltgfeit ber Hricfl fo fd)roer traf. ber
m femem vSJIauben an ha^ (SJu^e im Smcn[d)cn bie (SJreuet beo

• ''v;^n"J'^.^i?^"^ ?'*^ f#" ''^"»^^' ^)<^^«" ^ie (e^ten ©rcianiiTr
m Dflafcifa no* ben Sc^mera anflctan, baft cr oon ben in
[cm JCerroaltunnSGebict cinbrcd)enben S^iarcn ber Hmao^.
jolbaten wrm^ten fcften [affen mugte, roas er mit garter, oer^
T^ebenber .v;>anb uui^fam anfoebaut t^atk. @r ift mit unD an
yiuanba geftorbcn. Slbcr roie biefcs roicbcr neu unb fdion
erftcl)cn roirb, fo roirb ber f^affenbe, boffnunQSfrobe (SJcift
Jiid)aib ^aim lortlcben, folanflc md) bcutfcbcr ©eilt unb
beutfdier 3bealismus in Slfrifa arbeitct.

u

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It
tt

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It

n
n

n
n

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p u V u II y I' « I u I i «: 4 I V II w i t i: t i n I'tuiumutti ii»tu'f,

nod) l^crfd)ic^cnc^ iJlnaabcn untcr ben rcptiilifanifc^cr
^ngrc6mit9lic^crn itnD in bcr ©efdioft&ivcU ftarfe (Jnt'
r u [lu n 0 crrcgt.

•***

3ni ih^cftcm

SDafl fcferoerr beiitfc^egernfcucr QufbdSjn*
bu ft riereuier vow ^^tfjunt bauert on. ^ilm 13.
n?urbcn vox aOcm ^le 3^ac^te hei 5lnne5in unb 9joeur nub
baft (BtQ()In?crf ton Ssberquefi imtcr Icftioerefl gladifeuer ge^
nommcn. SDie fortc^cfefele ^fc6t^6"i^H ^^^ iR o M c n *
r c D I c r fi ron ^41{)im8 brinot bic fto&leniDcrfort^una granf-
r^vijs in fchmerc (^efatjr. 3m 3a6rc 1912 forbertc baS 2^*
portcment 5^a5 be (S^alalB runb 21 d'JKDionen ^Tonnen 5To:len.
^pon fatten btc brnifcben ^nippcn f^on vox bem 21. !lRar»
nin'i P?i gliQ:oncn ^onncn belcgt, bic reftlic^en 11,6 W\U
lionen ^onncn" fiiTb ^Stentettfi Qcfa^rbct 3" ben
(Sniben ron ^etljunc (2,3 2Ja(IionM ^onticn), 9^ocur
(2,03 SUlill.oncn STonnen), SSruon (2,74 g}]tD'iOH^ jiTonncn)
unb l^ietiin (23 gjlillioncn 2^onncn) nuiB b:c Jdrberang Tlo(f«l
ober gSnslicS Qufocbort J?abcn. ^edinct man bic in beutfiem
55eri^ befrnbHc^cn (Sruben befl 2)cpQrtement bu 9?orb fiiniu,
fo bQrften oon ber qcfomten fran3artfc^en gricbenfiforbcriing
Don 40,6 50]inioncn Xonnen tnlubeftcns 25 3)1 III ion en
2'onncn ber franad^ifc^cn ^oIf6n)irt(d)Qfl
cntAOG^n M"- ^aburdj rolrb grarircic^ rollig obbfinatg
oon oer cnefif^en .Qoblenjufnftr, btc i^rcrfc t« roicber unlet
ber SBirrurg befi U-'^oorfric^eS fte^t

^tc ^atiafcit ber Suftftretlfrafte.

2>q5 nuic SSctter ber legten ^agc Iie§ am 14. unb 15.
bie J d t i 9 f e i t unfercr 2 u f t ft r e 1 1 f r q f t c rciebcr jur
ttoUcn (5"ntfal!unci fommcn. 3" 5n^(reid)en ^aftfampjcn
iruibcn an be ben ^cgen 35 feinblid)c ?5lua3cugc unb 4 m]eU
baOonc obgefc^rfjen. 2>a6 alte (§e(d)n)Q^er beS D^ittmci cr§
grdberm ron i'Kicfet^ofea ift baran allein mit 14 5Ib[d)uf)en
beteiliiit. ^eutnant ilBinbiic^ errang fe-nen 20. Euftupn.
Unjere ^crlu'ie betnigcn nur 12 giugjeugc unb fcin n geifel-
ballon. SSie^c^um rpirb cntc^eg n alien feinblid)en ^e
bauptungcn b.^rc^ bie 3^^^ ^'^^ ^^^^> ^^6 nai n)ic nor bie
i^enjdyiift in ber 2ufl in imfcrcn ^jnben rubt d}ad)l^
untcrnaftnien unfere ^ombcngefdiwaber ftarfe Slngrine
auf tnilitanicS Dii^tigc 31 la^ien beim ©egner. Su beibc ;
9^dd)ten rouiDe Die cj«">Qltige )£\tnQZ von 73 200 h^ ^iJombeu
' ^roorfctt.

bill bcutldjen 5{uf^en[)anbil. :ikilifd)en J^buflvicll n : 3lw
(t:id}ennig btllirter J^kiiifciung tnit :)iubfioffcu qu5 ben 5?olo«
riien 5u monopoliftifd^cv ?ncm?crtung. ^cn J^ran^ofea : '^<ctdti«
aung ber dkv- nct)cfucbt. Jtalien furd)tet ben i!l^irtfd;ajt&fricg^
j^iuplanb ift Qu5 ben jHeihen b^r iDeltuMtlidiaftlid}en (Bin*
freifcr ^cnt^'c^lanb-S au^gcfd;i ben, ^jlmevifa burdjaufl 3njic*
fpdltigev 3)^c{nung.

2:*ic „i!;vout" urjcrcr ®egner ift Im ^nnblicf nuf ben
2r^trtfd}a[t6fricri nad) b:m 5^riege alfa nidjta racnigcr alfi eln^
^eitlid). Sie tft tm hoiien SD\a\it angroifbnr. Urn fo crfolg*
reibeifeenber irdre cfi, irenn mir umcrfcit^ quc^ auf bic em
O'ebiete cine „(Jinl)eitftfront" aufircifcn iiJoHtcn. Gine I5in«
heitfefvont jundd)!! im roeitcren JRnljmcn, infofern, alft ber
95ierbunb mit famt bem im Often gemonncnt.i Sln^ong fetnc
gilac^t alo eine ber gvoBtcn 3)larifie \v.\h ^^irobuaentcit
in bie 2BQofd)ale murfe. 2>ann obcr aud) im cngeren
9\a^men eine (JinfKit^jront in J^eutfdjlaub I 2)a5U gelioil
aW citige Ginfi djt In bie bei reiflid)er ^^riifung ber iaU
fod)en ^cc^ luirflid) nidit beffreitbcrc (Jrfd)U)ening britijd}en
2Sirtf4ojtoneibcC, flare (^rfenntnis ber gegen unferc n5iii]d)Qft*
lld)e 3"^'nft gerid}teten ^eftrcbungen ber G^ntente, flare (Jr«
fenntnift ober a\\6) unjerer ^)tbn>ei)rm6ghd)feitcn. Die unfi \m
gen)if|en(^rn^e [ognr bie "An^igfeit jur ,,G)egenoffenficc'' c^ihtn,
jmb gonj MonberS boS llnteilnf^cn unbebad)ter -ileufeeningen,
bie b^n ©ctTTWi in feinen n)irtfc^aftefr»eocri(d}ea .^eftrebuugcn
ju unierfiii^n fieel^viet [etn f5nrten. Sl^eber t}Qben rcir ^Jlulafj,
(rnglonb 3U entlaften, intern roir ibn enlic&uibigenD ben 2Birt=»
fd)aft6neib cbfprtd)cn, ned) gar, unfe ju belnften, inbcm roir
burdb ungefd)icfte dhvc nnc§ ben ,,9^obftofteinben" bic 3c^n)dd)t!i
unferer n}eltiDirt|d)afilid).n 3teUutig fidrfer beruoi' !:v«n. .^Z-
i^rc no4^ niriit gcnugfom crfaniitcn 6tdrfen, ^afi Der J^ci^cn
un§ nud) ^'Ko[jf:offfid)mm^en biingen mu^, rarubcr beftebt \a
gar fcin groetrel. 2:vnjcnigen (Stellen aber. bie fur bicfe
(Hiilierung ju forgen t)aben, erleid)tern w'w bie fo ernfte, fd^ioere
unb rciditige 5Irbeit nid)t, n>cnn trir unS unrourbia {)ilf(od c,^
bdrben, fonbcrn uniererieits eine (yinbeilsfrout jur 33eiteibigung
unfcrcr mirtft^nftlid^en £ebensbebingungcn nac^ bem 5\riege
[;erftc(Icn.

Jlfuc nmrritiaHifdje (TntihfrtjifTe.

g. ^aoQ, 17. 9:nai. ((5 i g c n c SD r a 5 t m c I b u n g.)
i^olIanMd) VnciiTDsbuicau mclDet aus ili> a j I) i n^ t o n : Xaa
amerifanijc^e 6 dj i f f a ft r t 6 a m t IjQt beid}loffen, fofort
14 ^anfjc^iff^ in ^^ton bauen 5U (affcn fur Den 2:ran5port
von t^tlxoUum 5U £^i^3n>cden. 2Bciterfjin raerDen 4 5?auf*
fa^rtcii(^:ife in ^eton mit inSgefamt 12 500 2:onnen gebqut
r.cben ben krclts kB^flten 14 ^^etcni4)ii|en.

{

ttmamar.

ImMow.

dtx CntbeAfr In Itilijiifllr

- rt>ax ^ipril, unb uber ffleinaftcn Itndjttttn bte
{d^ariad)tcr?n glecffn ber 3)^of}nfcIbcr, aid marr il}r

ber ^rc^c lunncl Dollcnbet ift, uber bic ^amme bc^
iftinQnu& rittcn iDtr ein paax Za^t auf bet: ^iibid^en
dncroliid^en ^i^^erbfn. QCfoIgr Don ciner S^aranjane bon
uhex hunbert liftfoipfen, brci a\tcxt% 2)?dnnrm, btncn xdj
mid^ Qn|d}iienen buxftu SSir leiften nad^ Sm^Qlem,

.5n bem engfn ,Mt<ihd'\ b^m rdtti^mben f^ogen,
In ^cm man nicfet fi^cn. nur lie^cn !ann, fu^t n^ben un^
aieuenben eincr, ber tint \(i)'6p\txi](i)t l^eBen^Icifhing
MntfT fld^ ^attc. C?« ti»ar 5Rid&Qrb 5^ a n b t ber feitber in
finem So^flrett, ff ' 'a^ri<j, on cinem c<ltieq*Iftben
cinoegangen ift (5r ipracf) t)on Slfrifo toit rmx nOe, benn
Lie jmei^ flitcn Cffigierc maren in 95>eft» unb Cftafrifa
burc^ 3a5re cr;jrcbt unb bottcn t?or gmei unb brei ?obr.
f >- .x .-f,j,jfjj,^ (ijebiftc flufjufldren, bie idj

au ru;c ein ^^jojiergongcr ^efuc^en fonnte.
: abet iPQr ai^ dntbecfer pornebmngen, unb |cine
' ' '^ ^ifle dlaiMx, bie§ t)erf^loffen 36mrrmutige, bQ§
. .;a uu ii]>n \ii)on in fru^ien ^ofircn bei'feltenen ^geg*
— ^'ir. an:^'-'*"fn, bcutete bowuf ftin, mte bifier ^.^^onn
uuj :"-'^' icH llmmegen ber eeele ju jatcft abjonbcr^
lid^ern ^.w ;C gelcngt tcin mocbte. Unb mie i* ilm, Icije
v.nb inbirelt, auf bi^ic merfujurbige ^enbung feinea
2eben§ 5u brtngen unb gu erfolircn txad^tttt, voit hk\tx
Heine, benfjrifc^^ blicfenbe !r?flnn, bem mon — nun iDor
eir Icibenb — bo^ lucb jutjor tin %ex»
?rfif»rvrVf^r e^eT in S?ibIiotI)e!en unb fioboro*

, _,= in steppe unb Urmolb ^ugentutet f^aiit,

toit bteje jebem Stbenteuer ft(f>tlt(^ feme 9?anir fit^ in
hie SBilbni* ^nnercfrifo* a«fit)gen hlFylte. fing er, in
fein^m llappxi^tn 2Bogen Ii<tj<nb, ^Ib cmf(|eflu|t, tx>k au^

ber Jveme 8^^ fradi;,n on, ruljifi, o^nc (JUelfeit, unb

id^ borcbie im 9^eitcn;

,^ . . ^^ainali^ tunt i^ pcbcnunb^mm^ig. Z^ fjaitt

»tel wit aiinfilcm gtlebl, todbrenb id) ^lr,it wutbe, in

2]Rund>en, in ^-8<!i)reut) . unb ma^ mid^ ou!^ beim Umfreijc

ber aBifi'enl^afien ube«-J^aupt fcffelte, mor l^or , '^eu'

TDlogie. ^c^hoLb ging tc^ aud^ in eine H'cci<>irreiuinffnlt,

\ ftubiert« maudierleirbtii^ immet Quf 5ufanimen.^dnge'§in,

I bie i^ im dft!;etifd>en Umlreije micberfnnb, )l^on i!lfrifn

I mupte id& ntd|)t^, uxib n>a^ mid) eined 'lagc^ ganj Don

I feme babin^og, voax red)t romontild). £cn ,S\i" im

I ^i^atifan batte id) tinti %aqt^ fiir mid) entbecft unb bo,

j im )^r\biid biejer ^^atc. geftalt, jc^Iug ber (^3ebnnfc in mir

ein: bieOuelle ^^u (in^^ii, bie fcit Sobijeljuteu n^^f^^c,

fcit 3aI)rtouienben utrftritten?, htn Urqueli lo t)irlen

i X^ebens^: bo* tydrc ein '^NorUJurf fur ein 2thtn, votnn t^,

\ nu^fod, fd)5n unb w»Iandholild) tote boft meine, o§nc

I Xajen ben ^reifeig >r ' •

©cmife* e» muR ^ j-^eim< Qufommen^onge geben,
loarum bdtt* id^ fonft jlerabe iif bicfet geit, bie ic^ In
dft^etifc^fcm Gud^en in itom gubroc^te, eiueilJ 9(benb^ bm
i^itann gctroffen, bet mif) ftfonute unb fiir ^ol^cren Qtotd
im ftillen gu bfftimmea fc^ien, mdfirenb cr feine SBorte
nur toit gefdHige 2{n»egungen ^iun^orf? (SI rror ber
^'"""^g 3obann 8llbrfrf)t, ber aJiccflenburgcr, bamiiljJ
vt. iC& ber lungeti it5bnifllgeiel!i(^mft, unb ber uni tt^
!Qnntmft<^te, tdax JOoft, Btirfmrb iio^, mein greunb ou^
gra^CQtt. 3ic fenncn ^n ntd^t? t^tf^abe. 5$ iiebe i^n
je^r, QUd^ iein 9Berf, bid \a iin^ ^ungcren niei^t m^^^
I gefollen mog . . .
i .^(1, bamald f|?utte '<fi fo ctmctf iDte (Sntfc^bung be§
£eben»» 5!D^tt finem S^a " ^a^ id) bie Slufqabe, i^ 'aft ein
3iel. 5di ging nof/ . ..i - , lemtc ^^Mpelt, fhibierte
.vtartograpbie. ^rigontmctrijd^el, (jfritu -.ifd^e Golfer*
' T^he. ^ie Siegterung ^5 m' * nid^td mit aid em paor
. vfe^dtngen. 3d^ bodre, mr.a (5rbe, bie 5lf bdt meincd
^arerd, ift gut genug, bomit bie OueUe bed -^M^ gu
iuc^en, unb jebenfaDd hfler fo aid in ftiltJoUen Wobtln
anoflcgt, mit benen id meine S[Bo^nung in SRiinc^n
fd&K;u(fte. SM bin Id^ lenn aid Xrei&igid^rigcr Qudgc=
jogen, mit meiner etgr en ^^aranHme, oi^ne S^eid^, ofjm
^rleaetj ofjx^ Q^^o^p^nttt, Vi^i<^ im l^eften^

jointer unferer bomold ncuen oftafdfaniif^en ^olonfc
9lucnba burd^jogen, ben S^itouice aufgeuommen unb
bann, — \a bann fanb id^ bic Ouelfe bed ^Ji\U ben SBetften,
ober fonnte il)n boiS) geuauer beftimmen aid mcine eng-
Itfd^en JSorgdnger. SBn^r el 5Ibiab, Gd baucrte filnf
Snbre , . / . "

(5r blid^c uber bic mol^nleudjtenben ^dng<, (leg-mb,
fa^rcnb, mitten im ^erpfanb hc^ >}(mani!&, rote er ben
arai5i!d>en 9^aiu.en fallen licB unb bann eincn 9f?egemomen,
ben id} Dergcfiei! liabe. „]\\\b nun fd^rt er in heue 5l>f>
midhtngen/' id^, „beun feine gobrt [odte meit fuJj*

lid^er gcljen old bie nueine." Itr mciiVjctie ben %on unb fubt
fri((^r fort:

„9Jt!ein 58eri<fit ffat ber ^olonicla^teifung gcfallen un»
mein i&ud) and), ^it c^aUn mid) 5um 9floten Slbler tin.
_ natural DinUx Oiiite. Slbet ber Slaijcr, loic er metti
j „Caput Nili" lad, ftrir* b^n 9jor?..^>[oft fr her it'^fr^l'ii^cit
CSiAaooe burets uno ) ooneben: *,,%ierter ift out fut

^UO) %eh^aju%xl ^c |oU bic givcite iKtben!" 'Jlun, bai>
ttHtr red^t Id^on, aber mein SSernidvien n^ar ju ^nbt, nnh
ba fagt' id) hex 3legiermtg: 3e§t forpt Sbr fur meine toei-
tere Arbeit! ^ann t)at mid) a\\o ba^ -• ' nac^ einem
3af/i% afd ^ommiffdr iifnau^acid^idr, irti lOiite ^Jiuattba
untermerfen. llnb ba^ oauerte luiebcr fimf ^a^xt, Tlii
33ier5ig fom id) bod ^mikmal Mm, ^ann bin x^ 5unt
brtttien Tlak binausf<icanngeu, bie^ttnit aid tciferli(^^
iReftbent obcr/mie ipir'i^ hem (Julran bort erfldrten, nfd
„dlterer 58ruber bed '.5n''ptlin';>d )o6n Dtuanba^'r l^odimald
fec^d Stt^rc, 5tuf llr'^ ■^' tva^ mid) 3U $aufe b?r ^rieg,
3lber ^loloniolamt m^i... ..-.ofon'f':'^ ■• ''' -"'■'• langtneilig,

id) murbe tpicber Si'rj^t -- ^ "■» ■' v., mit 3^nen

bur-j^ ^Sorberaficn, ■»«' ^" '^Jlfrifa git

Innben/'

(5r l"d^>h)ieg, ed roa'- i^m |d)on ^r-tvifr^ ^nn' fid^ felbff
gefprod^n. '5edi5ef)n "^'^^■'* bad^te ... ...jeiyn ?abr€

J^nncrafrifa, — meif'- ., einem '^r.'^?^-^ ^'tbegegncn.
Unb bin bem Sr^^car* ^nb Slaulbacn, . laib 'iJ^of^

'^a^lDijc^eu bk Oueit- jiif, f^^'^ brf^; ^r fmmfir

balb ^it^tcr finb uno Iiab CC

Sc^toeigenb blidten mir iiDer Hleinafiend fd^arlad^rote
SBergc.

\

1

FlUWKl^ I'N TOO SWL"T1C>3.^

ZEITSCHRIFT PES- REICHSBUNDES

JUOISCHER- FRONTSOLDATEN E V

ejlt. 28 / la. 5afir(^.

^^beclUL, bcti 27. 5utt 1934

AbS DEM 1 Ml ALT:

Ein Kolonialpjonier
Aup>cnsciter
Englischcr Faschismus
Front soldoicn-Bcwcgung
Aus jij/^isch. Gcgcnwart
Leo Bacck: Dcr jiid. Geist
Judcyitum und Staotsraison

Am 3. VIII.: Sonderausgahc
.August 1914—1934''

Am id. VIIL: ..Die Krafr

Am 17. VIIL:

..Geist des JudciUums"

Am 24. VIIL: ,.Di^ Kraft"

Am 31, VIIL:

..Geist des fude?itums'*

Vrci^ 20 qpn

t

feametaMd&aft bet Sat!

SSon ftamerab 2)r. ^an^ aSoEenberg

2)cr IRjg. bic jiibifdjc grontfoIbatcn=
bcttiegunB m IDcutfd)lanb, ocrbanht il)ri>
©cfcblfiffenbcil unb il)re 3icle nidit cinetn
au& ber !I I) c o r i c cntftanbcnen ipro=
flramm; mix bobcn ntd)t crbad)tc. er-
griibelte Seitfa^c ^ur SDohtrin, bcinc
honftruierten SlSatcntlbjungen 5ur .5)anb;
unfere SBcTDcpunp bat ibrcn Slusgangft*
punhl unb 5mpul6 in cincm blutbaften
(E r 1 e b n i & , bcm (^ronterlcbnis, ba&
un^crcr ©cncration fiir ibr ficben bt€
unDcrrotfdibarc IJ^rdgunp pepebcn bat.
Un^crcm S^erou^tfein ift ee jelbftucrftanb^
Iid)cr Sefi^, baf; man im ^ampfc nut
beftcbt, n)unn fid) gJlaniier in j^lei^i
gront bUnb n w 1 e f«P

i n I) 0 1 1 bes bcutfd)cn Subcntums fcin
mufe 2lus bem .^amerabjd)aftsgcift
ftrbmt uriB .^rafl gu; ^amerabid)afts=
fleift gibt fcclifd)en gftii&balt; club i^
{prubcll ber Quell bee BelbfttJcrtraucne
unb be& ScIbftfacbauptungsrotUcns ;
.^amerabfdiaftsgeift foU ber Sorn jiibu
jdjen Stol^es, jubtfd>er ©laubighett,
fiibifdicn .^dmpfertums jetn. Samerabs
jdiaftsgeift bcifjl gugleid) bos 93crmdd)t-
nt& ber jubifd)cn Jv^^antgcneration, btc
fiir bie bcut)d)€ §)cimal 8d)ulter an
9d)ultcr mtt alien beutfd)cn ^amcraben
gchdmpfl unb gcblutct bat, cine 9? i n •
b u n o an?' S3atcrlanb, bie burd) nic^

Grlebnis ber 5^ontgenerotion in ben
noc^folgenben ©ef d)led)tern leben^
big 3U erl)alten ocrmag. SRenn in biefem
Sommer }ubifd)e ^nber an ibrem eigc^
nen fieibe, an ibrer eigenen Beele x>a>
fpiirt baben. bai e& .ftamerabfd:)att. nid)l5
anberee ale 5l^amerabjd)att loar, ber fie
bie (^nbriidie biefer Jerien oerbanken,
fo rottb biefe baftcnbe .^inbbeits-Criniie*
rung fie burd) il)r fieben begletten. Unb
fie roerbcn nod) gu roeiteren (!^fd)led)tern
bcDon 5u fpred)en rotffen. n?ie ibnen im
f^roeren 3abre 1934 bee Skaters .^amerab
aus bem grofeen .f^iege ein paar unoer-
0^|lid>e 2Bod)en berettet bat. Dde ^

btc Jcncnfeinber bcfd^ranlien! 3 ^ ^ ^ ^
iiibifd)e c^inb foil miffen unb fpuren, ba^
es in bcm ltamcrabcn=93unb fcincs
©aters eincn 9tii&balt l?at, ber auf einet
eiajigartigen unb einmaligcn innercn
©cmcinfd)aft beru^t. X^nn roirb unfere
Jugenb miffcn, rooljin fie ge^ort. 3ie
roirb fii^len, baft ber ^amerabfd)aft5*
geift bes 9flj5 ctmos SBefcntlidjeres
u n b St e a 1 e r c s ift, als il)r bie £odiun=
gen aller jiibifd)en poIitifd)en5Jrogramme
unb „2BeItonfd)auungen*' menfdjiicb .3U
geben oermbgen. X>ann roirb has 93cr»
mddjtnis ber 12 000, bic fur bie bculfc^e
i^eimai fielen. in auien eUinben be>

&dinetaM<f»af< ber ^at!

58on ^amerab 2)r- ^an« SBoUenberg

2)er JHjg, btc jubifc^e Jrontfolbatcn*
bcrocgunfi in !Deutfd)lQnb, ocrbanht i^rc
©cf(J)loffcnt)cit unb i^rc 3tclc nid)t cincm
aus bcr I^cortc cntftanbcncn ^ro-
gramm; roir l)abcn md)t crbad)tc, er*
firiibelte ficitfd^c gur 2)ohtrin, kcinc
honftruicrtcn ipatcntibfunpcn 3ur §anb;
unfcre S3crDcpunfi l^at ibtcn ^lusnonQS*
punht unb Smpuls in eincm blutl)Qftcn
G r I c b n i 6 , bem Rrontcrlcbnie, boe
unfcrcr ©cncration fiir tl)r ficbcn bic
unt)crn:)ijd)barc ^rdgung n^flcben b^t.
Unfercm S3erou6tfcin ift ce jelbftDcrftcinb^
lid)cr 23cfi^, bafe man im ^ampfe nur
bcftcl)t, roenn fid) 5Rdnncr in qlcicber
Jront blinb Qufcinanbct cer*
I Q f f e n hbnnen, rocnn einer fiir ben
anbcren jebcn Slupcnblich e i n 5 u =
t r c t c n bcrcit ift. ^omerobfdjQft l)ctfel
bofi fiofunn^niort bee 9i{jS» in ben eic^etien
fRel\}en, mte fiir ba^ beutfdie S^bcntum!
Unb babci finb roir uns bcroufet, bafe
©emcinfd)aft5DcrpfIid)tung, religidfc ©e=
famtocrantraortung, opferfrobe 93crcit=
fdjaft, fiir cinanbcr cin^uftc^en, burd)rDcg
23cgriffc finb, bic mit ben hcnn3cid)ncn=
ben 5P]crhmalcn bcr 2ct)rc unb ©cfd)id)tc
3 f r Q c 1 6 t)oII iibcrcinftimmcn.

Slllcrbings: .^amcrabfdiaft Idfet fid)
nid)t bcfinicrcn, nicbt in SBortcn ous=
miin5cn, fonbcrn nur cricbcn unb Icbcn.
^amcrabfd)aft ift hcin gcbanhlid)cr 23c=
griff, fonbcrn cine ©cfinnung. 2Ran
rebct nid)t, — man I) a n b c 1 1 als
^amcrab.

3n bcr Dcrgangcncn 2Bod)c rourbc im
„Gd)iIb" bcric^tct, „raie unfcrc g c r i e n=
hinber aus3ogcn". S3iclc Sd)rcibcn.
aud) ipi)oto5, Don ©rofe unb ^Icin finb
in5n)ifc^cn uon bcgluditcn aRenfd)cn auf
unferen JRcbahtionetifd) gcflattcrt,
Sd)rcibcn, mcift oon ungclcnhcr ^inbcr=
banb. bic une cbcnfo roic bic .^amcrabcn*
Spcifungcn bes Ic^tcn ©inters bcftdti=
gen, bai „ Earner abfd)aft bcr Xai'* bcr
mobrc unb mdglid)c £cben6 =

In dieser Nummer erscheint
erstmalip^ das neue Beiblatt
des „SCHILD*

Geift ties Judentums

Es wird kiinftig, abwech-
selnd mit dem Beiblatt „Die
Kraft", in jeder zweiten
Ausgabe des „SCHILD** zu
finden sein.

i n I) Q 1 1 bee bcutfd)cn ^"bcntume fcin
mufe. Slus bcm ^amcrabfd)Qft9gcifti
ftrbmt une ^raft 3u; ^amcrabfd)Qfts*
gctft gibt fccHfd)en 9Rudil)Qlt; am i^m
fprubclt bcr QucU bcs Selbftocrtroucne
unb be& ScIbftbebouptungsTDillens;
^amcrabfd)aft6gcift foil bcr ^orn jubi«
fd)cn Stol^es, iiibifd)cr ©Idubighcit,
iiibifd)cn .^dmpfcrtums fcin. ^amcrab»
fd)aftsgcift beifet guglcid) bas 33crmdd)t=
nie bcr jiibifd)cn Rrontgcncration, bie
fiir bic bcutfd)c ^cimot Sd)ultcr an
Sd)ultcr mit alien bcutfd)cn ^amcrobcn
gchdmpft unb gcblutct bat. cine S3in«
bung one ©aterlanb. bie burd) nid)t6
auegelofcbt ober ocrhlcincrt mcrben
feann. "^

3n biefem S^id^^n ftebt bic gcricn^
hinber =2{htion bes $Rjg. 3brc S3ebeutung
crfd)dpft fid) nid)t allcin barin, ba^ cin
paar bnnbert ^inbcrn bic ®rl)olung gc=
botenmirb, bcren fie notrocnbig bebiirfen,
obmobl bicfc fo^ialc ficiftung gcmife be=
ad)ten6n)ert ift. 2lbcr bas G n t f d) e i »
b c n b c unb ©runbfd^lid)c an bicfer
SIhtion berubt in bem 23croei5, m i c
I e b c n b i g bcr altc ©eift bcr ^amerab=
fd)aft, bcrSBillc ^ur ^amcrabfi^aft bcr
1 a t burd) ben JRjg erbaltcn mirb. I)as
olte 35anb bcr Xreuc ift nid)t gerriffcn,-
bas ^aus bes .^ameraben ftebt bem ^inb
bes anberen ^amerabcn gaftfrcunblid)
off en. Unb nid)t nur bas §aus: auc^
bas $)cr5!

I)as 95 0 r b i I b bicfer gcrienhinbers
2lhtion, bic Don bcr 93unbcslcttung unb
bcm 3"fls^bbe3crnat bank bcr ed)ten
.^amcrabfd)aftlid)heit in alien ©auen
burd)gefubrt merben honnte, foil in
unfercm gangcn 93unb mic cin
Signal mirfeen. !r)as l)ier gegebenc
SBcifpicl foil Sd)ulc mod)en, es foil bic
©eiftcr aufriittcln. es foil in alien JReibcn
bic altc gronthamcrabfd)aft 3U bellcn
glammcn cntfadicn. ^c^cs TOtglieb bes
SRjg foil angefidits bicfes Sorbilbcs fcin
©cmlffcn priifen. ob hamerabfd)aftlid)cr
©eift fcin Xun bcbcrrfd)t. ob homerobs
fdjaftnd)e ,f)tnaabc unb Gmfotrbcreitfi^oft
fetn JBcrl^dltnis ^um 9lcid»5bunbe jftbis
fc^er grontfolbotcn beftimmcn.

Die burd) Opferfreube unb .^amerab=
fdiaftsgcfinnung gegUi*te Jerienhinber*
9lhtion ift cine 5Rabnung an jebcn,
ba^j es nid)t geniigt, fcinen 93citrag gu
3ablcn unb atlcnfalls auf .<lamcrabfd)aft5=
abenbcn non Aamcrabfd)aft ^u r c b c n ,
fonbcrn bic JRjg^^amerabfd)aft „mit
beiner ganscn 3celc, mit bctnem gan^^en
93crmdgen unb mit beincm ganjen $)er-
3cn" in bie !tat umsufcfeen.

I)ic gericnhinber=9lhtion scigt aber
aud), roic „^amerabfd)aft ber Xat" bas

Gvlcbnie bcr grontgencration in ben
nad)folgcnbcn ©cfd)lcd)tcrn Icbcn-
big 3U ert)altcn ocrmag. ®^cnn in biefem
Sommcr jiibifd)c hinber an ibrcm eigc*
ncn ficibc, an ibrcr cigcncn Scele Dcr^
fpiirt l)abzn, ba^ es .^amcrabfd)aft, nid)ts
anbcres als ,^amerabfd)aft mar, ber fie
bie GinbriiAc bicfer gerien oerbanhen,
fo roirb bicfc bctftenbe .^inbbcits^Grinwe'
rung fie burd) iljr Cebcn bcgleitcn. Unb
fie rccrben nod) gu mciteren ©cfd)lcd)tcrn
baoon 3U fpred)en miffen, roic ibnen im
fct)rocrcn Sabre 1934 bes 93ater6 ^amcrab
aus bem grofeen ,^riege cin paar unoer*
gef^lid)e ^od)cn bercitet bot. ^ic ^amc=
iaofd)aft bcr Xat foil fid) nic^t auf

b!e S^rienhinber bcfci^rdnRcn! 5 ^ ^ <^ ^
iubifd)c ,^inb foil miffen unb fpiircn, ba%
cs in bem ^Qmcraben=53unb feincs
iBatcrs einen JKii*l)Qlt l)at, ber auf cinct
einsigarttgcn unb ctnmaligcn inneren
©emeinfd)aft berubt. T>ann roirb unfcrc
3ugcnb roiffcn, roobin fie gebdrt. Sic
roirb fiiblcn, ba^ bcr ^amerabfd)afts*
geift bes J}ljR ctmas 5iBcfcntlid)crcs
u n b 9^1 c a I c r c s ift, qIs ibr bic Codiun^-
gen allcr jubifd)en politifd)cn programme
unb „5Bcltanfd)auungcn" mcnfd)lid) 3U
gcbcn ocrmdgcn. T)ann roirb bas 93er»
mdd)tnis bcr 12 000, bic fiir bic bcutfd)e
^ctmat fielen, in guten ^dnben b e •
10 a I) r t blciben.

^t\n^ vat untoitglic^en 'MiMn

!t)tc „^ubifd)c JRunbfd)Qu" bringt in i^rer
9Ir. 59 Dom 24. 3uli 1934 cincn 2lrtihcl mit
bcr Ucbcrfd)rift „<Befinnung im 91] J^.?"
^icrin roirb gundd)ft bcr 2BortlQut einct
Gntfd)Iicf5unp TDiebcrpcgcbcn, bic t>on unfcret
Drtepruppc ^iiffclborf ouf cincm .^Qmcrab=
fd)Qft5abcnb mit 3) am en unb ©dften am
18. Tsuli 1934 gcfofet roorbcn ift. I)ie gnt«
fdiliefeunp petit boDon aus. bofe bie inncr=
jiibifcbc (Entmichlunfl bcr Ic^tcn SRonate bc=
baucrlid)crn)cifc ;^n)ifd)cn ben Dcrfd)iebcnen
JRid)tungcn bes bcutfd)cn ^ubcntums fchroerftc
(Sepcnfdtic bcroorgcbracbt l)abc, unb fc^t
fid)" bafiir cin. bai ber SRj^. im 3ufQTnmen=
arbcitcn mit otlen anbcren Organifationcn
fiir SScfiebung bicfer innerjiibifc^en 3n)ifti9=
heitcn eintretcn moge.

9Bie cs bei jeber Organifotion, insbefon-
bcre abcr bei ciner ^^ereinigung alter Sol=
batcn, felbftoerftanblid) ift, bat bic Orts=
aruppc !I)iiffcIborf bic Gntfd)Iiefeiing o 0 r
ibrer 5^crpffcntlid)ung bcm suftdnbiqcn
SanbcsDcrbanb SBcftbcutfdilanb unb ber
S^unbesleitunq oorgelegt. 2luf biober nid)t
feftpcftentc SScifc roar ce bcr ..3iibifd)cn
Jf!unbfd)au" jcbod) mbglid), ben gcnauen
Srrtlaut bicfer SRcfoIution gu brinpen. b c -■
B.0 r bie Ortsgruppc Diiffclborf felbft fie ber
r'cffcntlid)hett iibcrpcbcn battc. T)a biefes
Jiorgcbcn Don 3ipniftifd)cr Scite un?^ nad)
ben Crfobrungen bcr le^ten S3crganqcnbeit
nid)t in Grftaiinen fet^t, bcfd)rdnfien roir uns
barauf, bics feftsuftellcn.

Gclbftocrftdnblidi ift ber 53unbesleitung
nid)t cntqanpen, ba^ ber SSortlaut bcr I)UffeI=
borfer Gntfdiliefeunp Icidit ^u einer irrtiim=
Iid)cn Sluffaffunp in ber Dcffcntlicbhcit iiber
ben einl)eitlid)en SBillen bes Slj^. fiibrcn
honnte, roic er fid) 3ulet;t nod) am 8. 5uli
b. 3- IJGi ber grofeen .Joiner lapunp bes
g e f a m t e n mcftbeutfdien Sanbc^ocrbanbee
onldfelid) ber Gmmcibunp bee Gbrenmale in
einbeutiger SBcife hunbgetan b^^t.

3ur Sacbc fclbfl peben roir nur behannt,
bafe unfer Ortegruppenoorfii^cnber in Diirfcl-
borf. .^amcrab 2ippmann, ims ^u bei S5er-
offcntUd)unp in ber ,.3iibifd)cn 9tunb[d)au"
aisbalb folgcnbc ^larftellung sugeleitet l)at:

Die entfdilie^ung 00m 18. ^ufi 1984 ift
auf eincm .^omerQbfd)oft9Qbenb tn't Xcimen
U9k (Bafken gefo^t toocben. ^u» bem

SSortlaut biefer entWie^uno iionn un<
md^nd) irpettb femonb eine ctrunbfatltc^e
StcDun(^noI)me unferet Crtsi^ruppe (^6(^tn
bie ^Oiittk ber ^unbcMettuitfl folc^crn.
SRon mug ft^on uber bie Strubtur bc$
9«fJ^. fcbr roenifl ©cfdjeib roiffen, um ber
Seltouptunji iibct^Qupt IRautn geben ju
kdnnen, bug eine feinet Ortsciruppen oor
bie CeffentUc^tieit mit einer Siefolution
treten kdnnte, bie gegen bie Sunbesleitung
unb beren ^olitiii geric^tet more.

C^e ift mir <tl6 Crtsgruppenoorfit;enbem
felbftoerftonblic^ bettannt, bog bie Sunbe6«
leitung immer bas Seftteben l)ot, bei 9luf«
rec^terl)altung bee ibeologifdien Unterfd|iebe
bie ^orm ber 9useinonberfe%ung smtfdKn
3iontften unb 9t\'S» aUer unndtigen 6(^ac«
fen 3U enthleibcn.

9lu6 biefem ®runbe I^otte i^ ouc^ lieine
9ebenken. bie Sngelegenbeit bei bem
^ctmerabfcbaftsabenb ju erortern, jumal
ic^ ber Ueberjeugung bin. bog bie in bet
(!Bntfd)ficgung jum Slusbrucfa gebrod)ten
Grunbfdt^e burdious oereinbac finb mit
ber f^olitifa ber Sunbesleitung.

Obmo^I ee fceinet befonberen CPrmo^nung
beborf. erbldre ic^ bet IBunbesIeitung aus»
btiidilid), bog bie Seroffentltc^ung bet CPnt«
f(^(k|ittig in bet ^:^ubtfd)en 9{unbfcf)QU**
mthtt 9on mit noc^ 00m Sotftonb bet
Dttsgruppe geroiinfc^t obet oetonlogt root*
ben ift.

I)ie ^unbesleitung bat oft genug. ouc^ bet
SRcicbsoertrctung ber beutfd^cn ^uben gegen*
iiber. oor allem aber burd) il)r 2?ert)altcn im
„(5d)ilb" 5U erkennen pcpeben, ba^ fie es
ablel)nt. innerjubi[d)e Streitighciten in ber
Ocffentlidifeeit in einer SBcife 5u fiibren, bie
fiir o n e 3?eteiligten nur obtrdglic^ fcin
hann. 5!?ir rocrbcn uns aud) burc^ bic faft
in jeber 9lunimer ber .,3ubifd)cn JRunbfc^au"
entbaltenen Slnpriffe gepcn ben 9tj5- oon
biefer unferer ^uffaffunp nit^t abbrinpen
laffen. 2Bir miiffcn es bem Urteil ber ©efamt*
l)cit ber bcutfd)en ^ubtn iiberlaffen, ob bas
5BorpG!)en ber ..3iibifd)en 9Runbfd)au" geeip=
net ift. ben inneren J^riebcn ju ftdrhen, unb
ob es iiber^Qupt mil 2lnftanb unb Sitte ocr*
einbar ift. burc^ ein berartiges 33orpcl)en
ben ^i^erfud) ^u madien, ben inneren Slufbau
ciner gcgnerifc^en Orgonifation ju ftdren,

F^LMTO IN -my sBcyncNs

um bomit iPorteilc fiir Me eipene Socfje au
crrcid)cn. Dofe biefer S^erfud) frcilid) t>on
oornljerein QU6fid)t5loe fein mufe. oermog on
fciner ©eurtetlunfl tiid)t6 gu anbcrn.

Preis'wvrerte MGbel

duroh A.. LeM^inson, RjF.

friiher Landsberp (Warthe)

Berhn-Halensee, Joachim-Friedrich-Strade 16

J 7 Hochniei><ter 47 4f>

3um 8d)Iufe fci uns nocf) bic S3eincrhunQ
flcftQttct, bofe une unfcr Orteflruppenoor^
fi^cnber in O^uffelborf mitpeteilt I)Qt. bafe
bic ber Ortetiruppe !r)uffcIborf ongelioriflen
3ioniftifd)cn ^amcraben fid) bcm S3cfd)luf5

CUuuk'

Engliscber Faschismus

Wie in deutschen Zeitunpen berichiet
wird, hat sich kurzlich eine Trennung zwi-
schen Lord Rothermere und Sir
Oswald M o s 1 e y , dem Fuhrer der briti-
schen faschistisclien Schwarzliemden-Bewe-
irung, vollzogen die bisher von dem Presse-
Lord und seinen imperialistlsch einijestell-
ten Organen stark unterstiitzt wurde. Die
Losiosung: jjeschah in Form eines auch in
der deutschen Presse wiedergregebenen
oflfenen Briefwechsels, der uns hier inso-
fern interessiert, als er die Judenfrag^e be-
ruhrt. Sir Oswald hatte vier Hauptpunkte
seiner politischen Zielsetzung fixiert, deren
dritter sich mil der Judenfrase bcschiiftigt.
Hiernach sei die faschistische Bewepung
g e g e n rassenmaBige und religiQse Ver-
folgungen, vcrlanfe jedoch von den Juden,
daB sie „Britain first" — also das Eng-
liindertum an die Spitze — stellten; in die
Partei selbst wiirden Juden n i c h t auf-
genommen.

Bcmerkenswerterweise lehntc Lord
Rothermere, der britische Nationalist,
diesen wie auch die anderen Punkte des
Mosley-Programms ab; in England konne
eine antisemitische Bewegung — und als
solche sieht cr Moslcys Haltung zum Juden-
tum zweifellos an — k e i n e n Erfolg

ber 3ioniftifrf)en SSerelnfc^unn fiir I»cutfc!)^
lonb, aue bcm 9flcid)6bunb ouoautrcten, a i c^ t
flcfugt I)abcn. Gs tft une bQl)er um fo
rocnigcr ocrftonbrid). roie bie „3i;bifd)C
JRunbfdiQu" oon ciner ..^Scftnnung" im JRjg.
fpred)cn honn, roomit fie jo rool)I tiur metnt,
bofe cine ^ursonbcrung in ber ipofitik ber
93unbesleitunfl im Sinne etner «nndl)crung
on 3ioniftifd)e ©cbonhcnflongc eintrcten roirb
obcr foil, ^onnte ous ber Gntfd[)cibunc\ ber
3)iiffeIborfer (unb ubrigcns oud^ onbcrer)
Stoniftifc^cr ^amcrobcn fur bos <PerbIciben
im JRj5. ni(J)t mil roeit grofecrcr iBeicd)tts
gung gefolgcrt roerben. bofe in ben gionifti*
fc^cn 9lcil)en cine „23efinnun9" eingclrctcn

iibrigen aber mochten wir den Kameraden,
die uns auf bedauerliche Falle der gemein-
ten Art aufmerksam gemacht haben, von
dieser Stelle aus folgendes sagen: Wir sind
unsbewuBt,da6 entsprechende publizistische
Mahnungen durch den „Schild" kein ge-
eignetes Mittel sind, um diesen MiBsta.iden
abzuhelfcn; denn zu unserem Leserk'^ise
gehoren die Elemente n i c h t , die man er-
reichen und auf die man einwirken m^^te
Wie iiberhaupt festgestellt werden darf daB
das deutsche Judentum in seiner Gesam.heit
es sehr wohl verstanden hat, mit ruhigem
SelbstbewuBtscin und Mannhaftigkeit gKich-
zeitig Zuruckhaltung, Selbstbeherrschung
und Takt so zu verbinden, daB es sich semer
exponierten Lage menschlich gewacl'sen
zeigte und zeigt. In den Fallen, auf die
dies nicht zutrifTt, handelt es sich um
AuBenseiter; um Einzelerscheinungen, die
im judischen Sinne asozir' und erfahruiigs-
gemaB meistens auch nicht deutsch sind.
Ihnen im judischen Gesamtinteressc zu he-
gegnen, empfindet gewiB gerade der RjF.
als seine wichtige Aufgabe und ernste
Sorge. Mit den Wegcn, die hierbei zu be-
schreiten und die gewiB nicht einfach s nd,
hat man sich sehr ernsthaft und in sorg-
samstcr Abwagung aller Konsequenzen zu
beschaftigen. hawo

6t>or( unb f^uoenb

Die Sporfpruppc ©cfterroolb bee JifR.
Mtiternimmt anitlc Muguft cine Kj3..6p.>rt*
fficrbcfo^rt ouf aw o f el u n b S o a r. 5!e
Sportpr. ©cfterroolb mUrbe fidj frcuen. r d^i
oieic leilncfjmcr oue bent gonsen 9leic^ be«
griigen 5u ftdnnen.

Ircffpunht om 11. Suguft in Irier sroc-iie
(Einrcife in bos Saorgebiet, om 12. 2Iucuft
W\\\ac\ SBcitcrrcife nod) Soarbrudicn, am
13. 5Iuguft Seginn ber SBafferfa^rt. JRii*^
hebr nod) A^oblena om 25. Sluguft. !Dic ULei

bunnen mfiffpn h\e, fnri+of^nwe K OTitr^itf

@m ^olotttatpioniet

Stid^ar^ ^otibt, ber Stitbecfier ber 9}ilqu€llen.

«itf« ''hLL""!* tiVi'""'2"»"^ Hnco Woloittalnlottlfrfe an flebenfett. bcffcM i tt b i f *« mf'rt «.
ZJL^i^^L^ i*«f'lHl f."H'''Vii< unb bcffcii Vcben ein locrlooHcr «cUroft gur bVuffcficiV ioU-
itiolflefditdite ttnb ^frifd't>»rfdiun(i iU mir foredirn nun Tr « i *« » h o * « i i il«.r *f^

tDen mcnigftcn <Wenfc:,en ift fd^on on ber
9Bieg€ il)r ficbensroeg t)org€,^€id^n€t. SSicIe
flioubten, ba^ einer uon bicfen ©Iiidilic^n,
benen heine motcrielle Sorge bcoor^uftcbcn
fd)icn, 9lid}arb ^ontororoica root, ein gnhel
bcs S3€griinbcr6 ber bcfeonnten ^ihorfabrili
^ortmig .^ontororcic,^ in ^ofen. 3>Q6 2cben
bicfcs aitonncs ift ober gcrobc.^u ein ed)ul--
beifpicl bafiir, ba^ bic motcricllc Sid)€rung
bcs Dafcins oielleid)! Slusgongspunfet, nic--
mols ober ^\t\ einee 5l?cnfd)enleben5, eines
aUonncsIcbcns. fein honn. gin bobercs,
ibcellcs 3i€l 3u erreic^n ift ober nut bcm
ftcgcben, ber mit bortcr, unbeugfomcr gnt-
fd)IcfTpn^it bpn en>Ql)It€Ti ^Bcg gel)*.

JRid)orb i^onlororoics — "obcr roie er
fid) fpoter nonntc: 9?id)orb .^^onbt —
f)Qtte feinen Skater fd)on friib oerloren. tTkis
onfcl)nIid}c i^QmilicnDcrmogcn fid)crte ibm
eine oor3ugIid)c gr^icbung. ^ber ols 3ungc
fd)on mad)tc er buret) fcine ©ilbbeit. jo
lollhiibnbeit feinen gr.iicl)ern grofje Sorgcn.
ais cr einmol im riQl)rc 1883 ein fd)IecbtC6
6d)ul,^€ugni6 erboltcn botte, bronntc cr, ber
bomols 15 Sobre olt mar, non ^oufe burcb,
njcil fein Sungenftols fid) hciner Strofe b€U=
gen roollte. ;Vrei non ber l)au5nd)en ?Iuffid)t
beftanb er fein Slbitur unb ftubierte nun
aifebi^^in. 3n 2Riind)cn, m- cr in cine fdilo^
genbc Scrbinbung eingctrctcn nxir. nxir er
bolb ouf bcm SRenfurboben ols Ijartet Trauf*
gatigec aOgemein gefart^tet — ober oud) ge<
^iM^tet. 5n bicfe 3eit fdllt fein 2lU5tritt ous
bcm ^ubentum. 2lud) cr roar — Iciber! —
bicfen 2Beg einer im 3ubifd)cn oielfod) un*
i>crbtnblid)en gpod)e gegangen. rocil er
plaubte. fo „au6 bcm ©bctto I)erQUS3u=
hommcn''.

l>a§ 3iet t>or ^uqen

9^ad) bcm Gtaatsey^amen unb nod) ber anilis
toracit benonn bet grofee Sroiefpolt
im £ebcn biefes SWannes. (?r liefe ftcb ntd)t
als 2Ir,^t nicber. fonbern leblc ols 9?€ntier
urb ^un[tlicbl)ab€r, intcrefficrt on ollen mog^
Udfen gciftig^n !r)ingen, unb untcrftii^tc zal)h
rcid)c feincr ^reunbe ous ,tiinftlcr= unb ©e=
lebrtenhreifcn. Kod) eincm hur.^en ^nter*
mc<^,^o ols Sltgt in ber S!Jat)rcutber Tsrren^
onftoll fpiirte ber geiftig ungcbeuer Icbenbtge
^cnnn. mic .^ipIToc; unh nnnlos or fein i>eben

91 Is erftcr meifecr ^Rann crbliAtc
er bie Quellen bes 9?ils

T)ie Soften ber Cjpcbition botten fein

Sermtigen oufgc^cbrt. 5n iOerlin bcglu*=

roiinfd)te ibn bos ^oloniolomt ^u feinen

roiffcnfcboftlicben grfolgen unb oerfprod) ibm

eine 5|nftellung im beutfcben ^oloniolbienft.

Tt. fRldiavh ^onbt murbe bonn sum

9iet(^iian5ler giirftcn ©uloni bcrufen

unb i^m fat feine Serbienfte um bic

n»iffenf«^oftlit!»e erfc^Iiefeung beutfdjen

Aoloniolbcn^cs ouf perfdnlidjc »crQn»

loffung bcs bcutfc^n iRotfcts ber Siotc

9b(erorben 2. SMaffc oerlicljcn.

2lbcr oon feincr Slnftellung ini Siaatsfcirr.fl
bbrtc er longe nic^ts mc^r. gr entfd)Iof5 ^d),
feine .'Keifeberid)te, bie loufenb in ber ..?Joffi*
fdjen 3eitung'* erfc^iencn moren, ^u tierooll-
fldnbigcn unb als 5?udi neu berous^^ugcbcn.
2)icfc5 fein SBcrh „Goput ^irli" licft fid) trot^
fcincs miffenfd)aftlid)en Gbarahtcrs fponncm
ber als ein JKomon. gs mirb als (2 t o n =
borbrocrh in meiteftcn .^rcifcn I)od) gc«
fdKit^t unb oielfad) oud) oon (5eo2 on'iic-
ftubenten ols ^rid)t ber ^rajis bcnut3t

^te atoctte ^jr^ebttion

grft ouf bringenbc gingabcn erbicll ber
2liann, ber fein ^krmogcn im Xienftc bes
'JSatcrlanbes unb ber SBiffenfdiaft oerbraucht
l^iic, bic crfebnte Slnfiellung im :Hei:i-s-
bicnft. 3m Sabre 1903 unternobm er im
Xluftroge bes ^oloniolomtcs cine neue gj:pc^
bition. ^ic bouerte roicberum fiinf 3obre
unb bicnte ber SkrooIIftdnbigung ber bisbcr
oon ibm erreid)ten grgcbn'iffc. ^ad) ber
JRiiAhebr murbe er als oberfter 3krmQltungs=
unb rid)terlid)€r Seamter fiir ..fein ^ano
Sluonbo" beftellt
»is sum Skltkriege roc; er als Aoi»
ferlic^cr 9<efibent oon 9<uanbo
unb ©ebeimer Wegierungsrat ober —
roie e« in «friho ^icfe — ols ber „«eUcte
Srubet bed SuUone" unermtiblid) tatig.
33ei Dcr einpcborenen ^ocilhcrung nxir ber
beutfd)c iRcfibent oufecrorbcntlid) b€ =
licbt. gr, bei ollcm oerfijniicbem yJlut ein
iVorter, fd)tndd)tiger »ienfd), botte es oer*
ftonben, mil fciner ^crfonIid)Fieit bcm V^uU
fd)cn iKeid) bci ber ^eoolherung (bie fid)

\

[

. I li.lA

I \ V*; V t 4 V

Englischer Fasch/smus

Wie in deutschen ZeituiiKen berichlet
wird, hat sich kiirzlich eine Trenniinir zwi-
schen Lord Rotherniere und Sir
Oswald M o s 1 e y , dem Fuhrer der briti-
schen faschistischen Scliwar/licinden-Bewe-
gung, vollzogen die bisher vuu dem Presse-
Lord und seinen imperialistisch eingestell-
ten Organen stark unterstiit/.t wiirde. Die
Loslosung geschah in Form eines audi in
der deutschen Presse wiedergegebenen
offencn Briefwechsels, der uns hier inso-
fern interessiert, als er die Judenfrage be-
riihrt. Sir Oswald hatte vier Hauptpunkte
seiner politischen Zielsetzung fixiert, deren
dritter sich mit der Judenfrage bcschiiftigt.
Hiernach sei die faschistische Bewegung
gegen rassenmaBige und religiose Ver-
folgungen, vcrlance jedoch von den Juden,
daB sie ^Britain first" — also das Eng-
liindertum an die Spitze — stellten; in die
Partei selbst wiirden Juden n i c h t auf-
genommen.

Bcmerkenswerterweise lehnte Lord
Rotherniere, der britische Nationalist,
diesen wie auch die anderen Punkte des
Mosley-Programms ab; in England konne
eine antisemitische Bewegung — und als
so'che sieht er Mosleys Haltung zum Juden-
tum zweifellos an — k e i n e n Erfolg

ii«i> <\,i(.

Aussense/ter

Brieflich wie miindlich gelangen an die
Bundesleitung in letzter Zeit wieder Vor-
stellungen aus den Kameradenkreisen, die
ernstlich und mit Recht auf Taktlosigkeiten
im Verhalten einzelner jiidischer Erschei-
nungen in der Oeffentlichkeit, genauer ge-
sagt in ganz bestimmten Lokalen bzw.
sommerlichen Erholungsplatzen aufmerksam
machen und nach Abhilfe ruftn. Es handelt
sich hierbei keineswegs nur um Berlin
und Umgebung, sondern auch um Einzel-
falle aus dem Reich. Wenigstens deutet
hierauf der Umstand hin, daB sich die Orts-
gruppe M ii n c h e n des RjF. zu folgendem
Aufruf veraniaBt sah:

Zuruckhaltun?, Takt und Wiirde sind
stets Kennzeichen und Aufgabe des ge-
sitteten Menschen. In Zeiten, wie jetzt,
sind sie unerlaBliche Forderungen an
jeden Juden.

Ob und in welchem Umfang heute der
einzelne Jude oft'entliche Lokale und Ver-
anstaltungen besucht, muB seinem Emp-
finden iiberlassen bleibcn. Unertraglich
ist es jedoch, daB einzelne durch lautes
Oder sonstwie unangebrachtes Verhalten
Oder daB mehrere durch gehauftes Auf-
treten AnstoB erregen und die offentliche
Kritik herausfordern; diese richtet sich
dann nicht nur gegen die Beteiligten,
sondern gegen uns alle. Giaube niemand,
er sei unbeachtet, auch wenn er sich an
fremdem Ort oder im Ausland befindet!
Dies muB insbesondere bei Ausfliigen so-
wie in Somnierfrischen unbedingt beriick-
sichtigt werden.

Wir erwarten ziwersichtlich, daB nie-
mand durch auffiilliges Benehmen AnlaB
zu einer irgendwie begriindeten Bean-
standung bietet. Der Frontbund halt sich
fur berechtigt und verpflichtet, solche
Glaubensgenossen, die gegen diese Mah-
nung verstoBen, durch eine, wenn es not
tut, offentliche Warnung an ihre Pflichten
gegen die Gesamtheit zu erinnern.

Diese Leitsatze scheinen uns auch Uber
Miinchen hinaus recht beachtenswert. Im

vorwerk
teppiche

zeitig Zuriickhaltuiig, Selbstbeherrschimg
und Takt so zu verbinden, daB es sich semer
exponiertcn Lage nienschlich gcwacl'sen
zeigte und zeigt. In den Fallen, auf die
dies nicht zutrifft, handelt es sich um
AuBensiiter; um Einzolerscheinungen, die
im judischen Sinne asozir' und erfahruugs-
gcmaB meistcns auch nicht deutsch suid.
Ihnen im judischen Gesamtinteresse zti be-
gegnen, empfindet gewlB gerade der RjF.
als seine wichtige Aufgabe und eri.ste
Sorge. Mit den Wcgcu, die hierbei zu be-
schreiten und die gewiB nicht einfach s nd,
hat man sich sehr ernsthaft und in sorg-
samstcr Abwiigung alier Konsequenzen zu
beschaftigen. hawo

6t>Drt mb 5uaenb

^!e Sportfltuppe SSefterrooIb htQ 9i\'^.
lintcrnimmt aWittc «ufluft eine Wj^.^epitt*
Serbefa^rt ouf ^iRofel unb 6aar. t)ie
Sportflt. 9Befletnjolb roiirbe fid) freuen, r c^t
oicle Xeilnchmer quo bem 0an3en JRelc^ bc«
grii^en ju kdnnen.

Ireffpunht oin IL 3luQuft in Iricr .^ror'fie
Cginreife in bos ©aargcbict, am 12. Slucuft
2Rittaq SBeiterrcifc nod) Gaarbriidien, am
13. «Iuc,u[t ©cginn bcr ®t\ffcrfol)rt. 9»''*=
hef)r nod) <^obIen,5 am 25. SIuGuft. 2)ie U).ei=
hiinnpti miiffen fiic- fpdtoften^ ^ ^Tuguf* ^:-r>
^am'. 5llfreb 53erfl, OMerborf (33g3. ^obler^),
^4^oftfad) 16, einneloufen fcin. 3"^ ^cfdjaf^
funq ber SoHpapicre miiffcn bie ^Jlelbunnen
folgenbe 9Ingabcn entl)alten: 9iame, ^Ibrcffe.
Sootemarhe, (^arbe unb ©rbfec bes 53ooice
unb bes ^Q\ite.

Alfred Adam . IngenleurbUro

Abt. I : Licht-. Kraft- u. Radio-Anla;ceii, ALi. 11; Gas-,

Wass.-. Sanlt. A nine. Kob«. b gumtl.Werken. E 3 Teili.-Srrt.

Charlbir. 4, Sybelstr.T. J i Bism. 2049. MitgUcd de« RiF.

6(cnenmart(

Wlx bUitn. be! flntrooTfcn ouf bem *<rief«
n tn { rti I 0 (1 bie betreffcnbc ^iimtiicr bed Stenrti*
mnrftcis attiiuartien bo roir bic UUtefe u ti o e •
i) f f n e t toeiterdeben Tie Bdirifticituno.

SteUenntiActioie

Tei «rbcifi8nodjtt»ci0 iitbifdi. rtflotiifotioncn
grfilcf-cnii, i>>re<rlrttt, L^duucibnib. (Stobtnmbon 28,
Uidtt iuiiflcrc .Uontoriftiiincn it. Stcnotni'ifitnm'n.
jiiuflcrc pert. J^aiU-nitflcftoUtc. fniifni. Mchtvn--
fonrtl (tcpr u. ititflcpr. en^tcftcrinitcn, vSdnQ=
Ititnofrfiiucftcrn unb ^'flcflcticrfonnl; fcrncr ?iT^
bctK^= uwb Viinfliiin'rfuMt div m\ 17 Safircii.

S)onienifreie «lctf<off-,>obrif bte nncrfoinit
cvftfrnffiflc Si^orc lerftcnt. hidU fitr flniia Tcntfrfi-
Inni> bet fiobcr ^kooifton uii6 outer 5!^crbte«ft=
maflllri)fett «ertreter. Me 8u beii in J^rnae fom=
itteiu^en j>trmeit VMcsiehunacn miterbotten.
!!l>ruudicnfciuitniffe iiidit erfuri')erltc&. 91. 386.

Stellcnflcfurfic
Tcr flrbeitSttodirocIS itiblfrfi. rroottifotiotten
Srfilcftcno ('?(5r. f. obcn) futfit StcJIitnaen flit
^t;'rcdlftlt^^e^f)iIfell, t'obornnttnitcii, JRyiitflen=

'Keue FiiBe durch

DiSchoI/s

Fusspflege System
FimpHMvitg u. taratu^tg kostehlos

Deutsche

Verkaufsstell*
»choll-Werke C

offiftentlnnen, 9?lrtf(6aftertnnen, (^ielcQeitfiettf'
orbctter, Cflinitffciirc, ^^onfnnflcftente, V(ino=
werfcr, iteUner (and) fiir Wclcflcnibcttcn), vlaoi*
bilfi>lcf)rer unb «=l'el)rerinnen.

ciiu uor,^unlid;v v;io. ..;..... I ^2Ibcr ols ^un^t
fd)on mad)tc cr burd) fcine ^JSilbljott, \<x
a:olIhiibnl)€it feinen er,^icl)ern fltofte Sorqcn.
2ll5 cr ctnmal im C^al)rc 1883 cin fd)Iedite6
6d)uI,^€Uflnis €rl)altcn f)ottc. branntc cr, bet
bomals 15 Titi^te alt n>ar, Don ^aufe burd),
nxjil fein ^uuflcnftols fid) heinct Strafe beu*
nen n)oUtc. ;^rci won bcr l)ausltd)cn ?luffid)t
beftonb cr fein '^Ibitur unb ftubiertc nun
ajlcbt.vn- 3" 3«und)en, w^ cr in eine fdila--
flcnbe 5ierbinbunn eiuflctretcn nxir. mar ct
balb auf bem Wenfurbobcn a(s Ijarter T)rauf»
qdnftet onftetnein oefiitc^tet — obec oudj g,t*
od)tet. 3" biefc 3eit fdllt fcin ?lU5tritt aus
' bem Tsu^iitum. 5lud) er mar — leibcr! —
biefen SCJen cincr im 3iibifd)cn olelfad) un^
t>erbtnblid)en Gpod)e ncflonpcn, roeil er
fliaubtc, fo „aus bem ©I)ctto I)erau63U'
hommen".

^aS 3iel Dot <5lttgett

Vlad) bem Gtaatscjamcn unb nnd) bcr ^Wx-
tcixmt benann bet grofec 3roiefpalt
im Ceben biefes aRanncs. Gr licft fid) nld)t
als Sfr.^t nicber, fonbcm lebtc als JRentiet
unb ^unftlicbl)aber, intercffiert an alien mijfl-
lid>en flciftin^n !r)inflcn, unb untcrftutitc ^ai^U
rcid)e feinet grcunbc aus .^iinftlcr- unb ©c=
Ichrtenhrelfen. ^a6) etncm hur.^en ^ntet*
mc.^.^o als $liat in ber 93ar)rcutl)er 5rrcn=
anftalt fpurtc bet flciftifl unflct)euer lebcnbipe
TTionn. rcic .^iellnf; unb finnlos or fein Pcben
einncriditct. !Durd) einen grcunb, ben Dtd)-
tcr* iRid)arb ^oft, Icrnte er ben ^er^oQ
3ol)onn 5nbt€d)t oon 2RediIen^
butfl. ben ^rdfibenten bet ^olonialnefcll*
fd)aft, henncn. 2)utd) \\)t\ ham et auf ben
©ebanhcn, als ;^orfd)et nad) 2lfriha 3U oel)cn.
aRit biefer neucn 3iclfct^ung rourbc aus bem
mit fid) felbft un.^ufticbenen unb innetlid)
unentfd)loffenen <lRenfd)en ein nblllfl anbeter,
ein enetflifd)er, .Melberoufetcr 3Jlann: et meif;
je^t, rooau il)n bie 9?atut mit Qrofeem pet*
fonlid)em SRut ausfletuftet l)at.

Hn lJ^ial)ti9en cifrigen Stubien bcteitet

fid) 9tid)arb .<?anbt in Berlin fut feinen neucn

<l[^tuf nor. (£r lernt bie S u a f) e 1 1 = Sptad>e

unb trcibt (^eofltapl)ifd)e, hartoflrapl)ifc^ unb

etl)nofltapl)ifd)e Stubien. 1>ant\ fet^t et fid)

mit bem Dirchtor ber ^olonialabtcilunq bes

5{usraartiflcn 5lmtcs, tDr. ^apfcr, in <Bctbin=

bunn. Cr rfiftet nad) einnef)enben Zsn^oT--

mationen ouf elflenc iRoften cine Gjrpebition

aus, um bie ouficrftc 9?orb=2B€ft^gchG oon

^eutfd^*OffaftiliQ, bns crft ficben 5al)re ^U''

vox ,^um bcutfd)en Sciiut^pebiet ethldtt roor*

ben mar, ,^u eTforfd>en.

i&ler, Im *Huanbo=2onb, ^ot et mit un^e*

iieuten Sttapojen fUnf ^afixt lonft toif*

fcnfdtaftltc^e. bultureQe unb polittfc^

^iontetntbett fOt bos beutfc^e 9otei«

lanb geleiftet.

^er entbcctct bet Otitquenett

Seine Grfolne Ifohsn feinen 9lamen in bie
9lnnal€n bcr '!B5iffcnfd)aft eiuflebeti laffen. (gr
Icnte u. a. ben infclrcid)en il i m u - S c e
(norblid) non Xanganjiha^See) kartofltapl)ifd)
feft. 9?ad) einer wn it)m — entneflcn ber
3(nnal)me bcr anbcrcn 5!Biffenfd)aftler uufne-
ftellten ^i)potl)cfc l)attc man im 9\uanba=
2anb ober in beffcn S^d^e bie leaenbcnrcid)€n
Quellcn bes 9lils m fud)en. Sd)mere
51ia larla = 2Inf alle unb eitri(tc '©e=
fd)miirc erfd)n>ertcn fcine ^Irbeit, honnten
fie aber nid)t aufljalten. Sclbft in l)ol)em
r5icber blicb fcinc Gnetflic Sieger; ct be=
banbelte fid) felbft als ^^Ir.^t, nahm an fid)
felbft hlcine Operationcn nor unb — l)attc
bas J^iebet etioas nadigeloffen — . fo tricb
ct fofort feinc Gjrpcbition iwiter nor in un«
bekanntcs ©ebict. Unb fcine raiffenfc^aft=
lid)c $t)potf)cfc crmics fid) als .^utrcffcnb:

2)iefcs fcin SBerh „Coput WHI" licj. troft

fcines mi|fenfd)aftlid)cn (£t)arahtcrs fpannem
ber als ein J)ioman. Gs mirb als Stan,
barbmerh in meitcften ^reifen l)od) pc*
fd)aftt unb oiclfad) aud) oon ©eo^j an'iic^
ftubenten als ^^rid^t ber ^^^rajis benul^t

^ie atDeKe ^ir^cMtion

gtft auf brinflenbe (finnabcn eti)ielt bet
<Diann, bcr fein ^^rmiigcii im Xienftc bes
'33aterlonbes unb ber ^iBiffeufdicft oerbraud)t
l)attc, bie erfel)nte SlnftelLunfl im JHcits'
bicnft. 5m 3al)te 1903 untcrnal)m cr im
^(uftrafic bes ."(lolonialamtcs eine neue G;i:pe=
bition. Sic bauerte miebcrum fiinf 3ol)re
unb biente ber Skroollftanbiguug bcv biyl)er
oon il)m erreid)tcn Gtflcbniffc. *«ad) bcr
JRiidihel)t murbe et als obetfter ^Bermaltungs^
unb rid)terlid)er 33eamtet fiit ..fein Conb
JRuanba" beftellt
»ls sum ifiJeUferiefle mo; et ols Aot»
fetli^et 9{efibent oon IKunnbo
unb ©eljefmet Wegietunflsrot ober —
mie e« in «frlho ^iefe — ols ber ,.9IeUetc
$tubec bed Sultone" unecmiiblid) totio.
«ci bet einftcborenen SSeocilhcrunfl mar bet
beutfd)c JRefibent aufeerotbcntlid) be*
Hebt. Gt, bei allem perfonltd)€m Wut cin
i^ttet, fd)mdd)tiget SJknfd), l)atte es oet*
ftanben, mit feincr ^crfcinUd)heit bem !^ut*
fd)en iRcid) bet bet 'JBcDblhcrunfl (bie fid)
ubr;gci:2 burdi cmcn bcfcr«bcr<^ nrct,cr. 'li^\'.ri)z
ous,^eid)net; ^anbt nennt fie in fcinem ^udyc
„fietabC3U JRiefen") f)od)flcs 5lnfel)en .^u net^
f&ffcn. !Det Dtauffldufler oon cinft teqiertc
mit 3Rilbe unb Setftdnbnis fiit bie ^fi)d)e
bet Sd)n)at,^en, mit iiberlcgenet ^lugl)eit unb
— mit ^umot "JIW ein einaiges «lal
braud)t€ et bie il)m untetftel)enbe ^poli.^ei-
ttuppe ,^u mobilifieten obet bie bott ftatio=
niette SBel)rmad)tabtcilung an^uforbetn 2Bie
et ben einqeborenen notfalls in cinfad)et,
btaftifd)Gr SScifc JRefpcht t>ot T>eutfd)lanb
beibtad)te, bas ,^eigt folgenbe hleine gpifobe:
Ginmal roeilte bet Sol)n bes ftiit)cren
JReid)6tag5ptdfibentcn, ^apitdnleutnant

<Paafd)e mit feincr ©attin. bet il)m in
JRuanba ■\u 33efud). 3)ie funge gtau mat als
eine ausge^cic^ncte Sc^iit^in bekannt; fo
arrangierte ^anbt fiir bie eingeborenen
^Quptlinge ein grofees Sd)au^Sd)icfeGn unb
erhldtte il)nen: „So fd)icfeen in 5)eutfd)lanb
bie I^ t a u e n ; mas meint il)t, roie bann
etft bie beutfd)en 2Rdnnet fdiiefeen. Stellt
eud) alfo gut mit ^Teutfc^lanb!" ... So l)atte
9tid)arb ^anbt bicfc bisl)Grigc terra
incognita auf fticblid)cm 'flJcgc
fiit Deutfd)lanb etobcrt unb cr»
fd)lof fe n.

gm <5©ctttriege gefatten ♦ ♦ .

20ial)renb ct im Sa^rc 1914 i^u 33efud) in
bet ^cimat roeilte, l)atten unmittelbat nacf)
^tiegsausbrud) bie 33elgier feinc ^iefiben^
einncnommcn unb ^erftbrt. Tort roar fiir
i^n im Slugenblidi heinc ^ioglid)heit, elioas
,iu tun. So ftclltc er fid) al647ial)riget
aRann f r e i ro i 1 1 i g fofort nad) ittiegsaus^
brud). SRit einem bat)crifd)cn ategimcnt loar
et als S t a b s a t 5 t an ber Cft= unb ^iBcft^
front unb in <Dta,^ebonicn. 2ln bcr i^ront
.^cigte fid), baf^ er oon feincr Xapferhcit unb
ber 3:ol(hiil)nl)cit feincr 3ugenbial)re nid)t6
oetloten l)atte. ^llcin fcine Dielfad)en 5Ius'
,^cid)nungcn bcmeifen es 5m ^ah^c 1917
ftarb et an ben golgcn cines feinblid)en
©asangriffcs. oon Um fidi fein fd)on
oon bcr ^JJtalaria gefd)rodd)ter ^brper nid)t
meht erbolen honnte Gin iJeben ging ,^u
(jnbe, bas nad) ben Sd)roanhungcn ber 3"'
g€nbial)rc in alien feinen :iatcn con cbelftcm
foibatifd)en ©eift erfiillt roar.

Warner L. Schlcsmj.;cr.

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/

Man

WolfTa leiegra

(W. T.

CiSfntntn tut ContinfataleiErit^dpl)

ffPf aRomifWpt flebnuft, Stat^brutf unb fcbc ^tt Z<ttbu\tv

Jbcrlin, aWUliood) 8

il m 1 1 i d}.

*) likrlin, 8. SWot. ^n hex Ijeutiaen SitJiinQ bc^
?* u n iJ c § I <:: t 3 tourben anflenommen 1. box ©ntmiirf ciner
^eroibniiTi;! iiber b-ie ©rmeiteruiifl bcr t)iertelidf)rliff^jn ^i^iei)'
^iiftlunflen, 2. b<ie SSorXoae betreffenb bie ^rafliinfl oon
Sitbcrmunjtfn im JRedinunfl^iatjre 1917, 3. bie SSorloifle b^'
treffenib Jlbcinijerunfl bcr ^rufan'flSorbnuna fiir $lritc.

9} t d) t a tn t It d).

©critn, 8. SKai. ^tiitfoncnbcmeifc brinflt bcr framj^on-
Sijc ^ccic§bericf)t feinc 9^acf)ricf>teii t)on ben nbrbtirf) ^Imien^J
ctelegenen ^tiefl§fdf>a:u|)lQt5en, obfd)on b\e Sran.^ofen flerai)e
fort bcionbeiff^ jdime-r fiir ©nplanb bruten miiffen. I5ie§ aibl
umyomeJbr ^^ii bcnfeii, olg >b.er encTliic()e ^eerc2>ber;idf)t in ber
i^ran^bfifcbcn ^r^ffe nid)t mebr ab^cbrucft inerben b-Qirt.

©crltti, 7. mal Sn Me 9lcibe ber ^orfompfer
fur etn <b£aitfrf)cS ©iibofrifa il)at bcr Zob
imebctmn eiwe fd&toere fiiidfe ffcriffen. ©inet im i^elbe ^inv-
jogeTicn ©aiJDeriaiftuna ift tjor eninen ^Q.acn m
:rncni 9?cferttola,^orctt in D^iirnbeia box bcfannte ?\orfrf>e'
f4?citere ^cr-ferlidic Slefibcnt, Qyebeimer Slenieniniqgrot Xr.
md^xb Jtanbt €Tlcfl€n. ^m Jsobne 1897 unternar>m
>7?Td>Qr.b ^anbt, bon Bcruf 2rr;it, bie ieT:ifte feincr an&
eigettcm Sorfdjunfli^brQnflc unb mit eiaenen SWttteln burvb-
rrefiibrbcn, -in ibren 2ru3tDirfun.aen fo erfolareidien 5Vor-
^cf)iingSrei)iCTt in bag oftafrifatxifd)e 8ii>ild>enie!cn<qebiet, b. b.
m bie unter bcm 9^Qmcn Stuan^n unb llrnnbi feitber be-
fatinl^r nen)orben'cn Stinber AtDifd)en bcm Victoria-, ^bmorb ,
.^ilpu- nnb 5tGnaoniifa-<See. ^q§ ©rflebniS brcjer 9letfen
an bk Diietton be§ ?? XeS bat er in feincm iimmer mi-^boi
lei'en^mcrtcn 93udye .,Gaput 9^tli" nieberaelept Ixm @ou-
oernJciUT t). 3?cd>enbera aobiib^.it bo§ SSerbicnft, b^^ er ^iw
^bifffeitcn beg Berftarbenen ,^nT ^urd>fiibrnna ber (Jr>
i(Wi€feiina be8 lt)irtfd>QftIid) fo an§fid>t§reidx?n beutfrfvoft-
afr-fomifdben 3tt>ifd)en'fcmaebiete8 ber boirtiqen Hd)nUiK"'
bietStvcntDoItuna ftefid^ert t)at. ^IIS ^cfibcnt t)on JlJuontva
f)at 9^,id)0'Pb Sicinbt fcit bem ^abre 1907 behjicfcn, bnfe or
r:i<6t niir cin qrofjer fteDqrQt)bifd>er ?^orfd)er, fonbtcm and\
ein qan^ t>or^iiftIid^r .^^en-ner bcr mcnfdTiIid>cn (J^c-nid^aifitrr:
ber in bem 3tt)iifd>enicen<|icbiet febenben Q:in.pcbor^nicn mar.
3B«nn bie SBoniaritonbo, b. b. bie ©inlDobncr ^uonbaS. ni t
ibrem CberbduiDtlinfl, bem 2)?fin-n<3 on ber 3'pifee, njcibrcnib
beg SBeltfrieqeS tre-u ;virr benifdiicn ^d^e a-eftanben b'y'orw.
fo ift ba§ nid)t ,^ule^t bem lonflicibrin^n ©inffluffe JRid>nrb
J^mibtS auf bie (Sntmidflunii ber 'i)infle in ^nonba \u\\\
fd>rei.ben. "Sei STugbrudi bed ^ieqeS befonb er fid) an^
^rboIimgSiUTlnub in ^ntfdilonb unb ftellte fidi fo^ort r^f-i
%T^ ffUx ©erfiicTunn. ^-g ^um ?^rfi>biob': Mcfe§ '^iOibreg brr
di\&^rb S^anbi fcincm ^•oterlonbe nid)t nur on ben bet!U!
^d}?n f^ronten. fonbcrn oiud) bei IJofun-a einer Sonberauf-
lyjibe in ber t)erbiinbeten ^^iirfei treitere mcrtnolle X^ .Miftc
fctften fbnnen. ^r bcutfdrc ^^crfoimt^fer tm friebPrfycn
^HbeJPcrbe mm bie OueHcn beS 9^il§ ift nun ^ab^i. bit
twit ibnt 'OTfd)Ioffenen tT)ertt)onen Ccinber ^u^iniva imi
Unmbi ♦elbft firtb tporiiberaebenb in fVeinbeS f^an>b nefollen,
cfbex ber ,^toin!i)*f urn bie CueHen beS tt\U ift bnmit nidit vj
^wbc: er xt\r\b bier im 3!?eften entfdveben merben, unb
ic f<6tt)G!rcr bie OWfer [mb. bie iDtr iibm b^* uaen miiffen, um^c
fii^lcrer toirb unb muf^ nud) bie @ntfd>eibun.a ^n un^p*:or.
(5Vunften fein.

K irf

Ricbard Kandts neitndattd.

5fn Zebtn bti 9B<Itenrin<^«n« gin^ it Mw. llni> ni«^t einmal

»at l>iefem t><K)ett eine gnobcnTJoIIe fd^eUt 5tu^cl tjcgBnttt . . .

C5tlfl uti^ 11^^^, fo ftiU ijl ft Gel^''el>«tt» bo§ fcfbfl (cine i!)m

. nfid^ftftt^nfctn ffteuniie nid^te erfa^iett ]^<rt><n, bl» «t im ^ttf)ti

«ufetI5ft, ftuttbcftottit twir . . .

, 60 wm 1«ln ©lat, bet mUt tintf> tn qan €tarlett, Me nct^
l^arhHtn RSmpfen ollt unb if^€ 6c^i<tifl!eit b<fieficni> jum S^tlt

Vomcn.

<Jt |(it «it btt Iflt ?tm 8i«I etteitfyt. 5lid&otb J^cirbt tft bet
wlrflid^ ttnai^ «ntbe(fct bet SRUquellen tto^ oUer fl* braftenbet
^Slilquellfnentbetfet' ftem6et Slotlonen. <St b«e(fU in jii^cftet
^o4(fyunB ffine QucHf n mif, die ft oerfolgtt — aum 6(^ruffe auf
tKxnben imb 0u|en frlec^rtb — bt« jum Itfcten, fKfetnbcn
aBofFttabftltin, tM cu« ^tud)Um Utnmlbboben in Ber^e»f)o^cn,
^*a, wo llin ©onntjtftral^l li in* •5)unfcl lcu<%t«t, ttopfenmeift

ifuiQt
S>a« ^foMtm ^» ,3Jlonttf Cunae* bet ilUen ^tt« 5«

Slan tciu% e» tn ftirttm ttUiuberttoHen OSu(f)« .Caput 3lill
ftfen, ttJlt <i t»ot «ntiitl f«inet fltofeen, Zt^it bdiietnbcn
^t[(^nfi»rei!|t in 9iom im Haitian oot bew ^crrli(^n Stanb-
W!b bt» »atet 9iit, iene», tnt btm €(^uttf 6et ewifien 6tiibt
»eu ftHtmbenen aneinenr)eT!e« btt «It<n ftfeenb, in feinen «n-

•Mi(f wrifunltn, fd^ |u ftinet Sltife bc«ciftcft . . .

' 9tan mug ilber^cupt biefee, ©c^l feinfinni^jlt «u<^, bci ie

■tfbtt Oftifo ae-t^^t^^ben tourbe, lefen, urn elnicewMfeen «onbt,
^nt »Jfnt<^tn, und feint tct iinfdiS|en ju fSnncn.

Sm a;oben 6tt ^(^lac^tcn unferet Za^t fle^'n bit tMtlooITftcn
tDlenjd^ oon binnen, olynt bafe ein 9b{!^ruf i^nen gctcc^t tcetben
Wnntf. 60 Wt btanflt unb forbttt bie 6tunbe! 3)es^arb fofft
U^ mi4 fut| unb btti(^t«, 6«|i P«ni)t uifptunsliift ^^d^iatet in

.9tt9r(<uC^ »«. «ine« $^btan^^en, t^ SRa^eMcnben <inen
|teB«n I^il ftinet ©erm89«n« opfetnb, «in« ec mVt bem i^m
•etbliebtnen «€ft innttem «uf« fol^inb, fein« 3kit in %Ma

|tt tsm

^t» tt ^tnHSltm, ll\A ^/m W n!dit» . • . ttbet, ein ni^t

oSfflx lii^ifltt ^: « fanb 3Reaf(fcftt, ^t# crttfnnien, ©el*«

u^mMM t«H flWtlnjoIKht ^Wkit ^ict t^tt^M v>nr. ©eirf) ein

5)cnnr»d^: ^nerlennung unb bie <rmihif(f)te lotoniale SlnfteHung
rooren j^unarfift nid&t fo hW Kit ben einen ni*t (^fmbiftiUiiin
©eg 3Banbdnl>eti m finben.

^a famcn fclefc 5>iTtgc ;^ii Ofirfn be« ^ofifer*. ^nwi^ *eicftnele
bzt StaMn Siam mtt tm iRoten ^let II. 5tlaffe, einet ftcn^
ungenrofinlid) boiljen ^Tusij^clcfiniinft, namtntUtft in gi.Ucffi*t mif
bttfl 3llt«r bes fforf(fi<ri5, cwifl. 5He ^^itnix imb b<«teitig«n, toelxfie
jju bcurteilen ocrimj^ten. was et fleteilftet<,nTif et rin }a!)tt<iufenbe
Otf^iG alte« ©ertproblcm rcjtloB flctoft, iuT)«lten. Sna^tige $Klnb<
trugcn bffnn bos ^ua^^loj^gc'&enbe jvu fetnet fc^Ue6Ii«f>€n (St-
n«nnung ;kum faifctlii^cr 3lellbcnten ijon Sdiwinba im innerafnfo
mldyen eecng.eblett bii. Slein f<f^I'C(5)tcr ^JertDoItet ©otb bem
no(^ menig beTannten £an4ie in bem matmt gcgcbeit, bet nebcn
oiclcn I;cri3ortQgeiTbcn (Jigcnid;(rftcn nte ba» ffUtiftten aelcmt botte.

<5in ^ifp-tel, cielW(f)i bourn temanbem belannt, mSflt Hi9<«/
att» tDcI(^«m ^ol^vc SRt<i;ocb Jl<init ae^fdyniftt BWt:

^n t>tt Hi^fte betm 9tit5mat(<^: ,^cb matne ©ie, bieft 9leife
ifl auflnebmemb f^fabrlic^, namentii* fQr einen "^riontmann mit
getrnget Semaffnung.*

St. fUbti« nut fiebnebn ^riodtfalMten mil flcft.

,^Q8 lann mid& nid)t binbetn/

,AInb bie ^cft, im \tii an ben 6een ft> futtfytbtxt wtttctll*

.^B teijt mid^ aU ^rjt 8<ina befonbets, tjielleid)t Bann id)
^flfen unb ju i^rct SeTiimpfung beittagen."

.Obet: irg<^^t^t» im 4tntxalaftttQnri[d)en Scengebitt, tfi^ oitte
SOBodien ot>n bet mic^en Unterftfiftimg gettcnnt Stanbt ^sieM
fein Caget. 5Hc (Singetnrencn fowmeTt, ibm mit^ubeiien, 6q§ ct
ntit feinen Beuten in bet «na<f)it getotet merbtn nrntbe.

,>6e»bt i^i ienen f>iige! be t>ben am SJet^el? «uf b^ieffem flffigel
laffc icb nun mcin 3clt aitff^kgen, mein« Ceute mit ibten ©affen
bl«ib«n oHe biet unien. 5o mSget ibt lommen mib nri^ t5ten.'
Unb et fd/Ilef ab^n aUcin bte 9kid)t iibet im ftelt

5>a» borf man fcinfte ilenntiiif btt 5P>[r)<&e bet (Eingebotenen
nennen -- ujclcf^t 3Wut abet gebott %vi foId>em feanbelnl

Unb bod) bat mit becielbe i^anbt cin»it erfdjutternb beticbt«t,
mic ct bM ^ilb einei oon feinen Ceutcn ouf cincm 6ttafjuge
but* eine ^ugel oertDunbeten ftctbenben 3^petgen!^liu^>tling• nle
los metben fonne, luie baa ^ilb *^n fleta i>etfoIge.

£ange ^at Sianbi feine gtofeen 5a«t unb ©efcb'^icbfeit etfot.
betnbe amtlid)e 3;otig!eit ttls Seltet bes fut unfeie g?egtiffe fci)t
gto§en, bem itongoft^otc bcnad)^batten ©ebictes fottgefefet. 2)tt
Earn bet ^tieg. dt fanb ben ^otf^ct im ^atettonbe, ba ft ni#
nut malQttnlrani, fonbetn clei(^i\eiti^ nod) mil gjlaltoHebet be*
bflftct, auBctoTbcntlit^ gcfd)tr>ad)t in «tl)olm!gsuilQub batle ge^en
mi'lfen, - v'"^^ '^'^'^ bcnn et liebtc ^fein" £anb bo bwugen iiibet

ones. UebciQUft fdjmer^Iic^ mat t» i^m, — ^» ^^^^^ ^^^^^
miebet in [einen bricfli(t,cn "Sleufectungcn, ntdbt in unb fiir ^unnba
bort btiiben on Scttome €eite iSmpfen ^n^lonnen. —

Sienftleiflungen b<Jtte et ni^t mel)t gemot^t, btt btcu^en ivt
%\t\ia. 60 mat er Untctatst bet 9lcfctoc gciblic&ett. «lbct, oon
^nfong lit |um enbc bat et ben ^clb^ug meiften» grni* ootne mit*

gcmacbt. .

3n 9lutnbete, tco ft ou(^ iefet t)etf(^ieben, fflbrt et mt(^ tnis
£<iaatctt. (Jfl mot im ^2tnfong bes ftriegee. ^nbcttc non ©efon-
gcnen jebct iRajfe, icbet 5ltt, fcben 6tan.be«. Unb oDe f(fyD2rmt«n
fiit biefen ^Itjt unb ^clfet.

!J)o5 ^ct mit einen unoeogefelidyen einbtutf gemac^t. Cangc Iie§
et nun mantl^mdl fein SOBort boten. ®a« mot fo feine «rt.

«!bet bann fam eintt bet etf^ttetnbften ^tiefe, bie i(^ \t et.
f)iett... 3aium mufeten oud^ St. unb SOWiUet HI. mit bos ontun?,
3<b ^oltc fie mit ein poot ficuten 300 3Jletet meit aus bem ©os-
gwinctenfcuct fjctous. S^cbci mu^te itb, ben SSetmunbeten bei.
ftcbenb, einen ^ugenblid bie ©asmosle liiften urn Cuft ^u fcbopfen.
5lm cnbeten Sag 2ungenbluten . . . Unb nun tocig i(& als mtjt
gemife — i(^ mie«e w^ menig ttbet acbtsig ^funb, ncbme feben
2og 30 (Sftamm ob - bo§ id) gunftigcnfaHi ru^ jtoei anoncte ju

Ifben ^obe/
3n biefen 8eitpun!t ficl micbet bie matme leilnobme unfetc^

5taifetf.

5Ebct JU tetten mot bet ^elb ni<fti mebt.

a>et ©cbcime iRegietungsrot «cifetlid)e 5te1lbent ©on 9hianb«,
Stobsotjt 2>t. 9flid)atb ^anbt b<it ous^clitten. ^

9lod| julefet fc^tieb et mit: ^(^ battc not^ fo oifl |U tun, bd
biiibenl*

Cs fonte nid)t mel^t fein. 3d^ «^€t meift, menu fe bos €cf)tdlfat
t§ mit oetgSnnt, ben $5oti!Qn nod) einmol gu befucben, mttbe i<^
ftunben- unb ftunbenlonfl tief ergtiffen oot bem 6tnnbbtU>e bt§
Catet SRil meilen unb 9lid)Qtb ilanbis gebenfen. 2)ettn In i^m oet»
lot id& meinen beftcn unb ttcueften ffteunb.

ffUi 2>eutlcblanb abet ging einet feinct gto|tn Cntivcdct jut
aHu^e, icITen man in fpateten Soften nodb oftmolt in boben Cfbreif
gebenfen mitb. -

ttUbtwt.^tf^igtttttig^ iHJtie bet ?5otmitta« be» erfttrt

leges ber f^erfteigetung Stiibnets ben iungen aRalet Inlbnet m^

ben 5tteis, buitb ben et meitet ©ucbs, j^ur ©eltung 9<bta4t. f«

goU tit VnattmUtag bem ff t c i I id) tmotet. .*« 5«f«f^

Lift Irnbnet murbe t>on ben «aufetn "^**1°';?;^ 9^^^!^^

fDte bet iunns Mbntt, ob mit ^l^**' °*^«,^^^^^llf S^^^

ftdtTfte Weffe t,on ben ^^^^^^ ^«^^'^^«:^JS^«a
Cttnbf^often, bie ia in btt oDgemcmtti 6*^4Mfl« m^ »«

\

\

Votes amd romments by ^^eate n. Qalz on

PiChard wandt, rapiit viH. pine enmpf indsame ^eise zv den '>uellen des vHr,
Berlin, Dietrich npimer fPrnst ^'^ohsen) , 1004 (i.e. tst edition)
xvi, "^^ft on. 12 b/w pbotop^ranbies. 1 foldine; man. Index.

•'Firpfindsame '^eise" - sentimental iourney (^ la T. Qterne'> ) , ie . sensitive,

sensible, based on sense impressions - not sticky
emot 1 onal .

'^here are some questions reBrardinc its publication bistory. '"runewalld,
If^Pl, p. 17 9 note ^^6.1 refers to a 2-volnme edition on 1919 wbicb evident-
ly bas a new foreword and is a 4tb edition or nrintiner and nostbumous.
'T'bis possibly incoroorates v,^s mono^ranb on Rwanda, referred to as forth-
coming at various nlaces in tbe 1P04 ed. and/or bis second expedition
1901 to 1907 or 1908.

^notber discrepancy reerarding; tbe neriod of »^.»s colonial adminstratve
nosts: GrUnewald, ibid. bas 1907-1909. one or several of tbe obits
fto be cbecked) bave bis administration 108-1914. T?rom one of tbe obits
T recall fcbat v. was on leave in Germany wben ''"«^ j broke out and be ."joined
tbe armed forces ^see mv notes of 22-yT-P3). V.n. CrUnewald's data were
not supplied by me, except tbe data on tbe family/ relation).
Tf memory serves after some l'^ vears: '^be ^y ?h»blic library bas a copy of
'^anut vili - if so tbe first point can be' clarified.

"^be TPT copy came to me from vera ^>eters TPietrkowski ) , evidently from
tbe librarv of ber late fatber '^ranz v^antorowica (b. 1P72). T>.v.t8
bandwritten dedication on tbe title nacre addresses most likely ^ranz»
fatbe^^r '^♦ax v. flR43-1904) and bis wife nosaline, nee r^auly n8S4-l916).
<?ee Vantorowicz family table.

'^he igrenre of ^anut vil i ; a travel and exploration account q lere:ely on tbe
Tnterlacustrine res^ion of i^ast Africa. Tt is episodic, impressionistic,
•'anecdotal, unsystematic in tbat it skips from one topic to another, a
mixture of observati'<^ns <data) and reflections. Vor did K make anv claim
to beine: svstematic and scientific, etbnoloTical 1 v sneaking^. »Te says
somewbere tbat bis book is not a "menu" ^orderly) but is to be read'* la
carte." «"ee also bis introductory statements.

"owever, tbere is an abundance of nuerirets for Africanist historians,
etnoloeists, anthroooloEri sts and otber academic interests and disciplines
concerned witb ^piRt African, includini^ '^erman ^ast African, matters of tbe
turn of tbe century (1897-1902). Items:

'^n expeditions and safaris: tbeir equipment, organization, composition
of personnel, on bearers and tbeir loads, on crifts and trade (roods, pro-
visionini^; tbe ^^roubles and tribulations of tbeir leaders, treatment
expected and received by natives, etc.

^'edical, epi demolocrical and demosrrapbic observations. «;ome of these data
may still warrant some research as, for example, a sui^iarestion tbat ^ast
Africans practiced inoculation acjainst smallpox; or that ^. Africans were
not immune to malarial

<^>limpses, throw-awav observations on such topics as colonial policies,
practices, plans, nro.iects; i^uropean relations witb African native and
otber elements; trade and trade iroods, markets, caravans, the ivory trade;

rrissionaries , such as the '^'hite fathers of >l(^eria, and others an(^ their
work. **any data on fauna (one species of hird was named for ^^andt^, and
flora; on landscapes and terrains.

Ahove all, ranut vili is an ethnoprranhic <rold mine, even thoucrh the data
lack the systematic anoroach of contemnorarv professionals. '^^here is a
welter of information and observations on African tribes. ^«'hile occasio-
nally colored by the prejudices of v»s era, there are many interestini^
comments on Africans* character, their "morals*', psyche, customs. '^here
are data on native dvaasties, kiners, sultans, wikmx chiefs, includini^
female sultans and their courts and etiquette; on women nn(^ their role
and place in African societies.

^*y own stock of Africana is scant, hence t cannot speak with due authority,
but it seems to me that r .v , can still be mined by, say, anthropolor^ists
interested in ^ast African situations past or event contemporary (Tt is
also my impression that Africanists have concentrated on «;outhern and
'•'est Africa, and much less so on ^^ast Africa).

As an example: there are, in '^anut vHi , innumerable references to
'''atussi (Tussi , '''utsi ff other variant names> and »Mitu, both of whom made
news in 1960 in Rwanda and 1972 in nprundi when u^tu slausrhtered their
^<^atussi masters and "^atussi slaughtered their ^uitu serfs, respectively.
Vet there is practical Iv no mention to either of these peoples and their
i nterestiniB^ relations in such an encyclopedic work as O.t^. '^'urdoclt, Africa;
its ^eoi)le and their Oilture ^'istory, '^'v, 1959. '^utsi do not even f ic^ure
in the iiiffiix index of some 1600 plus tribal names, nor in his naps.

T'he stv le of writinir is eood, even elee^ant, and reads well, but mif^ht
be difficult to translate because of so many taes from oerman literature
(from Ooethe to ^<'ilhelm Pusch) and manv bon mots and phrases of that time.

3 3^xi "S?:^

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An

Richard Vosb.

Wenn ich im Leid, dae mir die Menschen braohten,
Wenn in der Qual, an der ich lang;e trug,
Die Jahr und Jahre mich in Feeseln schlug
Nicht lernte: Menschen, Welt iind mich verachten

Was war es anders, als Dein hoheB Trachten,
Als Deine Seele ohne Arg und Lug,
Die nicht nach Namen, Amt und Herkunft frug.
Die iriich zum Menschen unter Menschen machten?

Was zweifelnd ich bei fromir.en Dichtern las,
Mich Mar Chen dUnkte^ Knaben zu erbauen -
Das durft' ich nun lebendig vor mir schauenl
Ich fand den Freund, - ich fand ihn und genasl

Und mUsst' es einsam in der Fremde sein.
Das wird zum Fest mir noch das Sterben weihn.

Zum 2. September

Richard Kandt,

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s ^

German History
1943-1944 (?)

The only place this course can be fitted into Kantorowicz ' s
lectures is during his stint for the Army Special Training
Program in 1943-44. We lack the list of ASTP courses taught on
the Berkeley campus, but we know Kantorowicz taught "Italian His-
tory" for the ASTP from December to March of that academic year
(see its covering letter.) For prospective army officers in the
ASTP program, "German History" would have been a natural counter-
part to the Italian course.

The paper on which these lectures were typed presents an
anomaly. From his first days in Berkeley Kantorowicz adopted a
standard sized sheet (9-1/2 x 6 inches), perforated to fit in
spring binders, which he used for all his lectures. The last six
"German History" lectures (from "Grand Elector" onwards) are
typed on this paper, but none of the earlier ones. The first six
are not even typed on perforated paper, so they could not have
been bound (indeed, the entire set was kept loosely in a folder.)
Add to this his failure to give the entire set consecutive
pagination (see next paragraph), and we must wonder whether these
early lectures were composed before he arived in Berkeley.

Fortunately, the Syllabus for the course has survived, show-
ing what Kantorowicz intended to teach. Unfortunately, instead
of paginating the lectures consecutively throughout (as is true
of all other courses), he numbered each lecture separately. It
is quite possible, therefore, that whole lectures are missing.
But at least the pagination is consistent within those that sur-
vive -- with one exception (regretably, that on Nazism) which has
a three-page gap.

When offered;

Academic year 1943-44, for the ASTP (?)

Textual Peculiarities;

In the lecture following the one on "The Thirty Years War" ,
the original pp. 5 and 6 have been overwritten as pp. 7a and 8;
if the top of the former and the bottom of the latter are skipped
over (as Kantorowicz suggests by drawing lines through them), the
continuity of the narrative is found then not on the next page
(original p. 7, which can be ignored) but on p. 8a.

Pp. 8-10 of the final lecture ("Nazism") are missing.

[R.E.Giesey, April 1993]

f I

/

II

/

*)

I

I X

German History.

!• r^rehistory and liazism. The migrations.

Jstrigothic State. Charlemagne; Carolingian
'^"^"v^ problems, ii^astern i?'ranconia. Henry I, Idol
^^ "-^^ of ..Hanmiler. Otto I

Butcher

ana tne ma.ii-mpxre.

II. -^apal Revolution and Henry IV. Hohenstai^en
Counterrevolution. Dissolution of Empire.
The social forces. Princes elector, the
territorial princes. The peasant problem

social ani religious. The cities, the
knights.

III. The Reformation. Charles V. Luther. Tne
30 Years ^ar » Count erreformat ion. Tne
Alliances, li/estphalian peace. Absolutism.

IV. Brandenburg Prussia. The triree e^eciZ
Hohenzollern. State of Teut .luriights.
Struct^-ire of i'russian state. Army , economy ,
govt. Fred. II. His meaning for aeman^^.
Overthrowal of his state.

V.

The reaction agaxnst Napoleon. .7c.rs of
liberation. The new spirit. Weltburgertum
una Hationalstaat. The intellectual^
problems. Age of Bismarck. Hohenzollern
Empire.

VI. ^'^. I. Nazism.

East ; Colonization,

Haller mentions the aerman problem of two fronts
- East and South. For France was as yet no prob-
• lem.

If we think of two-fronts in terTns of W.W.I, or
in terms of present moment, the statement is
wrong. For neither front was ever seriously
threatened, and never in cooperation of East
and South. Dangerous cooperations occurred onlv
in view of the inner front and one other,
Southern and Eastern.

East and South, however, are the fronts of Ger-
man expansion and activity. The Western front
was frozen; and the North was not all too pro-
raising although a certain amount of expansionism
and influence may be scored also in the North.

The Eastern colonization has often been called the
greatest performance of the Germans during the
uiiddle Ages, and not without some good reason.
The way in which the Germans pushed their fron-
tiers forward to the East is rational like the
Roman colonization and no longer is it a Teuton-
ic exploding into the space. Moreover, the
territories conquered in the East were reasonab-
ly organised from the outset.

This penetration of the Grerman East took place in

three great waves.

In the first period, mainly in the ICth and

11th century under the Ot tonic and early Fran-

conian dynasties, the penetration was carried

through by the Empire Church, i.e. by the Empire
combined with the organization of the Church and

/

its bishops.

In the second period, encompassing mainly the
12th century, it was a monastic order, the
Cistercians who carried forward the mission and
along with it the colonization and germanization
of the Slavic countries^ and some Germ. princes.
In the third peifiod, the 13th century, it is
the Order of the Teutonic knights, very soon
supported by the merchants of the German Hansa,
who carried through this great programme, if a
programme it was.

Owing to the different colonizers the technic
changed.
In the first period it was definitely a tasjt of the
German Kings.
I had mentioned the M^arches forming the frontier-
line of the Carolingian Empire.
This system was continued by Otto I. He too
appointed Margraves when the i/\^ends. Sorbs and
Poles were pushed back to the Oder; and Otto
found an excellent, though not undangerous ad-
ministrator in the person of the margrave
Hermann Billung and others. But as he did with
the stem duchies he did with the districts of
the margraves. Once more he perforated their
secular power by establishing a great eccles.
organization within their territories. He imme-
diately covered the newly conquered lands with a
system of bishoprics; and again he would rely in
the first plttoe on the bishops as coluujns of tue
new land rather than on the margraves.

He ttctuaiij' fouiided a ne\N eccles. province which
no longer coincided with provincial divisions of
the Old Roman Empire as it covered lands unknown
to the Romans.

This new archbisopric was Magdeburg on the Elbe
with finally 6 bishoprics which had been pushed
forward: Brandenburg, Havelberg, Meissen, Ilerse-
burg, Naumburg, and - further uack - Oldenburg.
The same recipee, by the way, was applied to the
North, to Jutland, v;hose bishoprics - Slesvig
e.g. - came under the administration of the
archbishop of Bremen.

Also, he established the ecclesiastical organi-
zation of Bohemia where the see of Prague was
founded in 975, and organized theac mission in
Poland where the see of Posen-Gnesen was fourded
dfcjpending upon the dtrchbisfeop of iwd^debur^'. But
this arran^^ernent was soon disputed, and Posen-
Gnesen became finally an archbishopric and the
center of the Polish Church organization.
New missionary districts were laid out in Mora-
via, where the see of Olmutz was to be founded
soon after Otto's death. And also the other
great task, the ecclesiastical organization of
Hungary, had to be left like many another work
to his grand-son Otto III, -vho took a particular
interest in the Eastern Mission for other reason^
- namely to renew the Roman Empire. »ad outdo the

Romans, '4^ ^< ^ ^^ '^^' '
His model was Constantine the Great, as I mentioned
the other day, and as Constantino was praised as
the Apostle:iike, OttoHried to compete with

/

GoiiDtMntino also in this respect. For personal
reasons - Otto's friend and cousin Adalbert _of

Prap-ue had been slain by the Poles to become
evtlly./ — -^^ — , -T .

/their National Saint - Otto 111 made a pilgrim-
age to Posen-Gnesen, and during this time he
bore the seemingly strange title:

Servus Jesu Christ i et Romanor-orn I nperator
Augustus secundum voluntatem Dei -
Servant of Jhesus Christ and august Emperor
of the Romans by the will oi God.

I said "seemingly" strange, and historians have
considered hira a religious maniac. Hovv/ever,
Otto III (one of the most un-GermcU fi£>urea and
therefore the most interesting) was in full
possession of his brains. For "Servus Jhesu
Christi'' ;/as a title assumed by many a Byzantine
emperor to emphasize his apostleship as it re-
minded - especially with the following ""^i^^j the
will of God" - the apostolic title of St. Paul
applied in his letters to the Corinthians and
other^A/ise. And in this connexion it lay be men-
tioned that the idea of imperial Apostleship was
one of the strongest motive powers of the imper-
ial mission to the^East. .Ve should not forget
that a benediction of kings in the Carolingian
and Ottonic-Frankonian period ran:

God, who hast prepared the Roman Empire for
the preaching of the Gospel of the etrnal
kingdom, grant yo^or servants, our most illust-
rious emperors, celestial arms so that the
peace be disturbed by no storm of wars...

And that even to-day the solemn orations of

Good Friday have the intention:

We pray for our most Xian emperor that our
God c- jbord m-.y submit to him all barbarouj

LS

And the earlier German Emperors set out to make

these v/ords true, to v/hich they often refer.

Thus it was Otto III who made Posen-Gnesen an arch-

hishoprio and who founded seven new Polish

bishoprics, e.^'. Breslau in Silesia, thus opening

this province, or Colberg in Poraerania, then

likewise a Polish Province, And he also released

the Duke of Polcind from his obligation of paying

tribute to the German king and made him an

Amicus et Socius Populi Romani
Priend and Ally of the Rom. People.

Similarly he acted in view of Hungary, lie spon-
sored its elevation to the rank of an independanT
kingdom. And although originally it was planned
to make the wsn newly established Hungarian
Church of Hungary dependent on a German Arch-
bishopric, this plan was changed. She received
at GRi\l'T her own archbishopric and eccles .province
vvhile the king became likewise a friend and ally
of the Romans with v/hom Otto III identified
himself.
YovL can see, mission and political conquest, then &
now, is always one. But in the case of the
Ottos the ecclesiastical organisation, which was
the backbone of their German realm, was even
more than usual± at the same time political-xxi
administrative and religious organization. The
margraves, good soldiers, carried through the
conquests & protected the bishoprics. But the
true administrators were the bishops.

I

The later kings, on the whole, defended the fron
tiers established by the Ottos.
Then, in the 12th century, came the second wave of
colonization which was not represented by the
Reich proper, by the emperors.
On the one hand it vy^as the territorial princes
such as Henry the Lion, the Guelf and great ad-
versary of Barbarossa, of whose Italian policy
he seems to have disapproved. Henry the Lion
broke through to the Baltic See from his Saxon
Duchy. His was the foundation of Lubeck which
Frederick II then made a free city of the Empire
in 1221. Henry the Lion's expansion v;orked
partly against the Danish influence and the
predominance of the Danish trade in the Baltic
Sea. But he also pushed forward to Mecklenburg.
Here the private initiative of the princes v/as
soon supported by that of the monks, likewise
a private initiative. Ulecklenburg, Pomerania,
West-Prussia and the March Brandenburg are cov-
ered with Cistercian abbeys. This ^ioxh activity
was closely connected with the organization of
the Gistarcians, the Order of St. Bernard of
Clairvaux.

The third wave in the 15th centiiry I shall dis-
cuss in another connexion. Frederick II, who was
not really interested in Germany, has yet - as
it were, with his left hind legg - done more for
Germany than aiaxrfc many another kiag. His friend
was Herman of Salza, Master of the Teut .Knights,
a foundation of Fred.'s father Henry VI. V/hen
their task in Palestine had practically come to
end, Fred, sent the Knights to Prussia, or
rather, when Hermann of Salza suggested this
step, he immediately supported him by granting
a privilege and full power of action to the
knights, and even outlined, in the Golden bulla
of Rimini in 1226, the programme of the knights.
K5a:kx^kxxxxxxaKifiL:tkKXxx±BX3cx It led to the foundation
of Prussia.

But this another story. However, the Mission in the
East together with the establishment of the
German kingdom on the organization of the Church
m .de an influence on the Holy Sea inevitable.
Haller recognizes this fact, but he adds another
remarkable point of view to justify the Italian
policy of the German Emperors.

Papal Revolution a Imp er. Counter-He vol.

I

In one of our sections I discussed with you the European
Revolutions and then said that within Xian Europe
the sequence of Revolutions began in Rome, with
the papal revolution when Emperor and t'ope, as
it were, changed places. A Church, integrated in
the Empire, was the state of afi'airs such as it
had existed ever since Constantine the Great.
A Church integrating the Empire, or the State in
general, was what emerged after Canossa.

Every revolution is carried along b|i the surf of some
great spiritual or intellectual movement. For the
revolution aims not only at the freedom from
something "but also at the freedom to something,
namely to establish a "new order" « Otherwise it
is not a revolution but a revolt e, an upheaval of
which there are thousands. But trije revolutions
are few.

The center of vitality which provided the elan for the
papal revolution must be sought in a great number
of Reform-Movements, most of them monastic by
origin, of which that of Cluny - rightly or
wrongly - Kxdt is considered as the most important

one.
Cluny, an abbey in Burgundy, is in fact representative
^f'or the new spirit. The beginnings of the monastic
reform movement are influenced by Greek monks
from Calabria who were accustomed to a far great-
er monastic discipline than the West and who in-
ocul ted their concepts into the Western monastic
movements, a mystic conception of the angel-like

Purity which a monk should represent.

•i'his concept brought the monks very quickly in
conflict with the Church. The monks refused to
acknowledge the authority of their ecclesiastical
superiors, as far as they were not monks themselves^
because they declared that any community with
priests who were married and bishops who were
simonists (i.e. had bought their ecclesiastical
office for money) endangered the purity of the
angel-like monastic life.
Their attack was launched, not against the secular
power, but against the RaEMSua secularized clergy
of the Roman Church. And their complaints were
warmly supported by the emperor Henry III, v^ho
himself nominated an adherent of the Reform-
movement Pope, the Lotharingian L o IX, the first
Reform Pope. (1049-54).
So as not to loose the monastery the Church had to
comply with thu wishes of the m_onks. Clerical
marriage, which always was considered undesirable
but not really forbidden, was completely excluded.
It hardly affected the secular power at all.
The second point, simony, had ^xwls^Ilslx far more dange-
rous consequences. The bishop who was inieudated
with his bishopric by the royal proprietor of
his Church, had to pay a customary feudal tax
called relief, relevium, which every vassal had
to pay at his investiture. The emperor Henry III
stopped the payment of this tax on the part of
bishops and thus futhered the Reformatory tenden-
cies also in this respect.
The slogan under which these reforms were carried
through was that of libertas ecclesiae, freedom
of the church in a purely esoteric sense, namely

I

freedom from carnal and venal sin. This was all
that the monies desired.

The word of Freedom of the Church, hov/ever, was inter-
preted in a completely different sense by the
Roman hierarchy. Freedom of the Church meant above
all "Freedom from the secular power" and simony
was considered not only the act of payment itself,
but to receive a bishopric from a secular prince's
hands at all. In other words, the whole system
of the German Empire Church was branded as a huge
institution of Simony. /Y«^f i(rrx^ , (f"-* uj^h^ (i^r^^i^*UH

Freedom of the Church, in the revolutionary terminologM
of Gre^'ory VII (73-85) and his predecessor popes,
who^actAd under his influence, meant separation of
the Church from the State.
But, as I said, revolution aims not only at the free-
dom from something. TZore iiiiportant, because it
stands for the positive side, is the freedom to
something.
The freedom from consisted in separating the Church
from the State and in (HrsWiving. the ties by which
hith'jrto the Church had been integrated into the
State. ^^c f/)tur^ftj^^^<^^'^'' 1^ ^'^

Th

>w

reedom to was the establishment of the Apostolic

A

Empire and the integration of the State into the
Church.
The^ program of this nev^ order was found largely in
the great forgeries of the eighth and ninth cent-
ury, th^ Donation of Constant ine and the so-called
Pseudo-Isidorian Decretals, the latter a collect iov^
of papal decrees, genuine and forged epcs careful-
ly intermingled, in which conditions of the Church

/

in -Wfff?; past were outlined such as they had never
existed in reality. They were purely wishful
thinking "but represeiitArfj a golden age of the
Church v/hich indeed could fascin-rite the mind and
certainly fasoinrited t?ie Gre^'orian party. i?'or the
Papal revolution was the successful attempt to
carry through the Donation of Constant ine and trie
for^^ud decretals ^xid the spirit laid doi^/n in
these documents to the last iota.
Already in 1059 r'oi)e Nicholas II, influenced oy
llildebrana, tka later Gregory VII, wore the golden
crovm ttround his white tiara, which allegedly
Constant ine had given to Pope Sylvester I. It was
then that the pope donned the cap pa ruhea> the
purple mantle of the emperors, which Cons-cant ine

granted according to the Donation. It was then
that Gregory VII goes so far to say that "only
the pope vvas entitled to use the imperial insignia^
"that of the nope alone all princes in this world
shall kiss the feet;** then only the papal house-
hold vvas styled the Curia xiomana, the Roraan Court
in the meaning of hoth royal court a.nd the king's
court. It was then only that the pope hegan to act
as a general and to display papal banners and
standards which h^u not existed hefore hut like-
wise derived from the Donation of Constant ine. It
was then that with these papal standards princes
were infeudated such as Aragon, Sicily, Dalraatia
and others. And soon, during the twelfth oeutury,
the imperialization made further progress. The
acclamations to the pope followed the imperial

style. The Roman Chur.

^\

Oh was styled the true ^

and

/

new Iriipcriiun Romanum; ^the pope 4feeH-waD first de-
picted in the so-called Maiestas i.e. throning
like the emperor on earth and, in heaven, while in
former days the popes were shown in the way saints
were rej^resented. And it was the logical develop-
ment that the pope vjas considered the virtual
emperor, the princeps and verus imperator of the
Western world, until finally about 1300 Pope Boni-
face VIII would declare Et:o sum irnperator^ e,^o
Caesar! I am emperor, I am Caesarc

V/ithin this stupendous f^eneral movement, by which the
v^orld dominion of the papal monarchy was establish-
ed, the affair of Henry IV and his humiliation at
Canossa appears almost as an accessory act, and of
minor importance. Politically this may be true.
But Canossa was the very beginning. aftdr- the image
of the Emperor standing in the snow for three
days, until finally the Abbot of Cluny persuaded
Gregory VII to have the gates opened, is of a
symbolical strength v/hich can hardly be surpassed.

And as far as German History is concerned this act was
of greatest importance: the columns upon which
the empire was tescxRi built, the bishops, were no
longer reliable. The emperor did not become the

vassal of the Pope - or only under Lonifa-ceVIII -
^Mt:xkKXRjaxiiagBLrxka:±xk«xJthKX|ia|iRxxxxkixxgripx

but the pope no longer was under imperial in-
fluence and therewith the imperial influence on
the bishops slackened and finally broke away. The
whole misconstruction of Otto the Great nov/ dis-
closed its true nature.

uzi'

/

•vfter Onnossa
yxoLa the snambles of t?ie neich, v/nere for decaaes
a civil v/ar ra^^ed with papal bishops fighting
imperial bishops and pro-emperor princes fighting
pro-anti-emperor and pro-papal princes, from these
shambles the Reich rose once more under the
Hohenstaufen dynasty ruling from 1138-1254.
They indeed inunched the Count er-Revolut ion, and
even if their house fell, the papacy fell 50 years
thereafter to become integrated, at Avignon, into
the French Monarchy.
The Hohenstaufen tried to v/ork, as far as possible,
with the Bishops and the secular princes; but
they knew VL-ry well instead of one potential
enemy within (the stem dukes) they now had two,
the bishops as well as what remained of stem
duchies. Hence they began to bend upon the lower
nobility, small princes ana knignts, and began to
fatten them in a way similar to that of Otto who
had fattened the bishops. A new estate began to
develop, the estate of princes of the empire
(Reichsfurstenstand) encompassing the ecclesiast-
ical and great secular princes, but undermining
their power by the addition of hundred petty

princes.
The main thing, however, was to oppose a new ideolog^^
to that of the hierarchy. And here comes in the

Roman Lav/.

During the struggle of investiture, the first

period of great European propaganda, the imperial

lawyers in the defense of the imperial cause had

harked back to the Roman Law. And here they found

I

7

/f depicted, as it were, the golden Age of imperial
Universalisn - Just as the Church had found the
raodel of hierarchic Universalism in the forged
decretals and the Donation. They found that the
Emperor lawfully was lord of the world, lord of
the church, af the suprerae legislator of the
world, the supreme authority, and that "what pleas-
es the princeps has the power of law."

The authority of Justinian, the compiler of the Roman
law, was such that also the Church could not ignore^
it the law book. On the other hand people had
mystical ideas about the ei xectiveness of the R.L.
They said that by means of the universal R.L.^the
orbit of the world could be restored in its former
Roman unity so that there would be one Empire, one
Church, one emperor asf. c^yM^^,^^r{VM.

On the crest of this wave there was carried Barbarossaj

and his first meeting with the great doctors of

Bologna who told him that on the basis of the R.L.

the whole world was his, has Mrtaxxiy a peculiar

spell. Something begins, almost visibly, \%^%l^^

upon him. What he gathered from it was his iawfui

aside ■^^'^\ '^>-
authority iHxxiaac of, the pope. The Church had

broken away from the State; but if so it should
not interfere with state as the state had done
before in view of the Church. State and Church
were to move in separate circles; and within the
state the emperor was to be absolute. In addition
to that a dream of expansionist universalism be-
gins to rise. The image of a universal feudalism
with the emperor on the top of th(^ pyramid© was

^jured up. Larbarossa occasioncilly demanded the

8

the Sultan of Egypt to return his kingdom to him
which had been conquered by the £:enerals of his
Roman predecessors in the first century.
Also, it was Barbarossa 'vho gathered from t^ie
R.L. the idea and expression of sacr^xm iinperi^ain
along with those of the sacred constitutions being
the laws of the emperor; the sacrum palatium,
the sacra majestas asf . In short: ne was to ^frf^
J^ the sancta ecclesia the idea of the sacrum
imperiUTTi, one as holy as the other.
The exparxsionism of v;hich Barbarossa may have dreamt
was carried tnrough oy his son, nenxy Vi. His rule
last- ut 6 years (1190-9^), ^'^t this short space
sufficed hiiT: to crush the world into the dust be-
fore his throne. Through his marriage he became
lord of Sicily. The papal provinces severing the
southern kingdom from Lombardy \u^-±v t^ikeu aAdy
from the I'ope. England, oy teE taking Richard
Coeur de lion prisoner, -en he returned from a
crusade, bee a fie* of the empire. The Muslim
princes from ::orocco to Tripoli paid tribute to
the new i.ord of the west; so did the weak isyzan-
tine '^-'pror. The king of Ar^^enia, the king of
Cypr^as demanded to became vassals of the emperor
and thus to enjoy his protection. A political
crusade was to m]UMX± unlock the v/hole East. b>t/Jf
During the preparations ±rof the crusade Henry

aied.
With him the v/hole scheme broke down; there was no
continuity; his son Fred. II was aged three. In
•iermany Welfs ana uhiDeilins (Hohenstauf en)

^ '^1

**o6'

.iz- i*.

for lut:.

inrone x:

a cxv

r wnicn

c •»• c

the prett . rits

princes, ecclesiastic

rine this

TV ^

>^-i r\^

r, /%V n*^

d to b

e s

ort of the

11 as secular

aKJi:xxHaa±>:|txxRKs:x hi? well. c;i. z>iuc:i^l. The payment

w

P Cv

ei

tv»

/%V^

O r^TI^

^ ^ k

<*

empxre, or -

Which is even more irportant - regal:

i other

Tights of the Empire or

ors. The last passi-

ve

lity of centralizing the r.t:i.c:-

. ' ,::., ^

.fc I'V

.en

the emperors c^errived themselves of all the ^tlx±

prerosratives

e cro.vr. - judicial, economic

CU SaklUU.

lii '^ w r bi. 1 xv e ci.nL.

no

x.<-'i.w> w &r%2iwt. wmCIx ox xij^e

-,r ■»->

mnces cera."

•iiild up his own little

/ means of the ri.^ht

titles whi

he received from th

xre

This development could ^^"^ "^ ^ sterrjiie^ hy Fre'^, .IT

1^ i"*^ c ^ s he

hx^a: C'

rest's

ci-

.s two

gre-^t privilefes m fervor of tnt eccles

c^C^

inces he cTave ful] ^'^^pe to tV/^ ^^t-o"! or^-ip-t of

ne tiexcn

7 -^ -T-

O k. .^^^^ kJ

xo±.

the T rinciralit i-

His plan ^' to ruil '

then in Italy, and then reconquer and reorganize

G-err;' ^,v frors the South.

AS far as Sicily and It a

T -

/e concerned he suc-

ce - " . "' relied upon nexvnex .^shops or --'inces
or greater nobility • Ee built up the first stete

of officials

le

.1 S'

,d

ers IX

he hourF-eoisy

-lity

•-»-r*c.

1 a ne

^^n to govern

es

^-cr-* rv

-^^^er

rl-i

ei.7

» ^

r.-t

' - r "V <? **

^ Tfniversity. Si:''

''-^re 134B

croaa

•V , £■: '•'•

or
offi

-i- -I. a. » • ^-

stratum

:i univei

y^

„n.

X

,..j.

•t, as'^i^st t_-c rob^- ^f

;.. to the Chur

^riv . - - -

:. ft, as it ^'ver«,
"e t L.rxt expect
- .. aent-^^ anatomy whic^
is less strant:^ • han it -^n-^ ■ if •■ ' -z
th'^t 9t this very ti!!]f: rf ^

r i-.-iu. 1/

ij. vT k^ -^^ *J- w *fc. -*- •.^

ux',; i ---.

^o<

phy tried to gl«» them to^^f'tv,*r ^fain, or,

Tti

.*»^"1

xe

with St . -^ - ^
£;rf * - - : k of T
The wa^ -^ -
officii 1^, ^ ,
1 b o

'i-seoerc 1 hierarc. .

to 1JX-.X 0-i. -i-t Uii-Ui-i-, ^^

e of

.WW

he vc-.^e^d the T'

rs of ancient

ri

11

of the emperor "bei _ .e Vicar of -^Vri-"; ^^^.-^
he used tne i^'ranciscan movement Lnst the
Holy See by supporting their pro^ ^ of clerical
poverty; how he dev<-lnpr.,^ ''-'^•^orm-programmes of
t" SKsiiLiajcxiiii Church; how he rallied the Euro-
pean kin^s, at .. : st for a short time, behind
his standard to fi^ht rebels supportea oy ^he
Holy See; the intelleetuA-^l movp^pnts which he
xtaxtiwL supported, the artistic movements whioh
he started - e.g. the pueiry in Italian verna-
cular, , pre-xtenaissance sculpture, and archi-
tecture - his own personality and his linguistic
abilities encompassing iirabic an^i errew, Greek
and Latin, ^-^ench, Provencal, and Italian and
- maybe, xre not sure aho-t it - even German:
all that, fascinating thou^ ^t is, belongs
to Italian history rather than to German. For
it is the catastrophe that the greatest Germans
are usually not to the -vantage of their
country and that the deepen the julfs within
Gennan;^'^ rather than close them.
Fr-s plan to Ccirry his Italian admin'i '^■^ration
of the state oy learned officials to the north,
to Germaiij- , .i^ver maierializer; , Only the South
em German districts such as Austria, Styriq and
the Trent ino, ....d of course his Suarian posses-r
sions were organized in a fashion similar or

at least remindful of th

'he south. 3ome

12

unifying tendencies even in Germany are never-
theless GomL)-L:iea v./ith his name. He ^. a-east
nominated axEx^^Kxfextxari^xxxSLaiirt.'a^ii^. -
an imperial Grand Justiciar for Germar^^ to be
t: 3uprcino jud^ \s deputes of the emperor; he
proclaimed in 1^35 at toinz the graet iublic
Peace .i .-document which was to remain for cent-
uries the basis of German public law; and he
may even have thought of a codification of the
German customary law.

However, all this remained fragmentary. But even
so his government, his unrelenting struggle
against the Ch^orch, the glory of his person and
of his time, eventually made Fred. II the center
of the German sa^^as, of the Koisersa^, and
therewith of the German hopes for a tetter time
to cone. For it was Fred. II whom the saga
removed first into 1/iOunt Etna, where he certain-
ly telongs to, then to the Kyffhauser in Germany
where he was to he confounded in later times,
not hefore 1519 though, with Barbarossa whose
long Teutonic leard ^oecame more attr-.ctive to
the^Germans, and agreed tetter with them, than
the Caesarean teardless f^ce of Fr.II with the
ironir>nl lips. Ee was not the God-Father type
xiKStxx which German Emperors to the mind of later
Gernnny down to William I was to display. He was
remindful rather of the "Lord of the V/orld" ,
i.e. the Antichrist such as the artist's chisel

'epresented him at the Cathedral of Strassturg.

was

13

However, if any period in German history can

claim to have been "balanced, it was the period
of the Hohenstaufen emperors in general. It was
a re.'^l ^lo^^o^ing, and fo-^- tvi» only time in any
such many-sidedness, of song and vision, of
epix? and fairy-t'-le, of "building and sculpture,
which Germany then experienced. It was for the
first time that universal ism of mind 'ird nation-
al pride were in balance, that Germany was
European and at the same time herself. It was
the most "Roman'' century of Germany in political
respects in that xkKxwxx her political orientat-
ion was directed to the South, so that a Bishop
of Hildesheim, writing of the marvels of Italy
and Sicily could exclaim:

"We do not need to ^^o beyond the borders
of our own German Empire to sec all that
the Roman poets have been at such pains
to describe."

And in this warming southern light, that then

poured over Germany, may even justify Nietsche's

all too optimistic statement

"There is a touch of something in them
that might almost be Hellenic, which
awakes in contact with the South."

And oddly enough, in spite of Her becoming

E^jjropcan in that age and southernised, the

essential German or national essence was not

surrendered. For it was in the Hohenstaufen

period that all the Middle High German heroic

epics took their final form: the ITibelungen,

■^he Gudrun Song, the cycle of Dietrich of Bern

14

/

una many others. It was then that (j-crmany fell
in v/ith the general European developTnent without
lagging far behind and produced the lyrics of the,
^'Minnesingers vVolfrain v.Eschenbach, and Walther,
and Gottfried of Strassburg and all the others.
Then also we find a vjave of humanism of which
the translation of Ovid here may serve as evi-
dence, produced in the surroundings of the
cultured entourage of the Landgrave of Thuringia,
The most remarkable manifestation of the RomanjK
antique in German guise was the axKk plastic
art. Works such as the Horseman of Bamberg or
the sculptures of Nauinburg and I/agedburg re-
vealed a pessibility of the Germans which makes
Rietzsche's statement not far wrong. The Bamberg
master, of course worked under French or ^'cai-
terranean iniUuence just as the Minnesanger
followed Frv^nch model. But all this is what I
v/ould call the Europeanization of the Germans,
v/hich broke down completely - or almost so -
by the end of the Hohenstauf enperiodat. The
break is visible in every piece of art. The
lulinnesang turns to the bony kieistersang, and
the free andx solved sculpt^jre adopts the
tormented features of a Gothic which was neither
Roman nor Mediterranean, but had strong contri-
butions from Slavic side.

1350 - 1.500.

ri3

/

In

The period of 1250-1500, tVi<- F-.o-nnlled Later

hUAr.es^ wap in IVest ern Europ<? the tirre in which

the trRnsition from feudal state to centralized

national state whs carried through.

In En^l^nd, Fdv/ard I, occasiorml ly styled the

British tlustinian, marks the beginning of the

new erp. . The continuity of the state is garan-

teed hy the idea that ''t^^e king never dies" and

the oomn^mitas regni, th^ co^Tmioriw^tiXth of the

the 100 years war and
reaxm, ixictnaged to survive/flracatR the wars of the

roses ivithout ever cracking.

In France, the unification of the state begins
somev^/h.•^t earlier, about 1200, under Phil. II Aug.
and St. Louis, who dies 1270, has the monarchy
securely establj.shed. The dangers came from
without (England'? attacks) ratb^^r than from
wjthin. But by thf^ end of the 15th century,
under Louis XI, not only the English v/ars had
come to '^nd but also the most dangerous war
against Burgundy . l^kxzixiQn.'^rekjc.vj^yxtK^xirir^ft^K
M?ctti55X-'3C«xx55?iK Crown and people, despit* con-
troversies, were one and reflected each other.

CiomD.iniy there was neith<^r tb" jdea of com^non-
wealth mRX to which the "! ^dividual was bound
or in which he reflected, nor the idea of a
saintly dy.iasty, of the crov/ri , binding the
individual to form a greater unit a^Cck'u -wkcxm iip«if-»-{'^/,
Th^ most char^ct eristic feature of Germany is
her falling h^Hi^ik into ^ strange sphere of
privaty, a witbrawing, as it

were ,

•p-v-n^ miblic

EvQrytiix:[^j x..

^ ' u i'i>

'J'^ 00 Lie o

/

cosmos or universe, ^'ith vvhioh in EnjlaiuT the

;cn]:i'Onv/ealth. aad in France the crown form the
connecting link. It ^,- uot only the pol:
-^tnrrization v/hich produces this privq'^**^^^^ cf
every German action. Italy suffered the sace ato-
mization, and yet the city-state or cJty-tyranry
^'cted as though it were a whole cosnos all by it-
self. Italy never lost its contact Vv/ith a third
or fourth dimension, while Vt^xxz^xtj Lccame tv/o-
dimensional.

The difference is somewhat similar to that of
Universale Pm a^^d Tnt err' ~ t i.o^'-^l -^ f.^ .

Int fiTxat ional , the word, proceeds from a no^;a-
tion, I'rorr^ the desire to rule oi-*^ 'differences
prevailir^ anon^- th^? peoples living on the sur-
face of this globe. Universalis:?! starts out from
the affirmative. The Whole Iz not achieved by
simplin^ adding the parts, :^ t j p. s^t before the
parts and ^noomp?qsses the spiritual as well as
the surface. A v;ood may contairjK hundred trees;
but hundred trees do not yet forn^ -^ood to which
there belong flowers and rr\o^.^ n-nri hirds and in-
sects as well, not to for^ret a smell, a flavor
hovering in and betwe^^^n the branches cf the trees,

Nov;, Germany formed lOOC trees but no wood.
Th*- unity of the Empire did not go to pieces. It
still existed. "But within the Fmpire everyone
acted as though there vy/ere no Empire; and this

Ev^^rything beconcn, as it v/ere, pr j.vate affair

} ^ rs r* "y "vi " • /^ -^ r «* ■•'^ t r /^ c> •--•( ■'■*". /-k 4- -? ^ •»»» "'"14 ^- • + V> '«>

^ ,»-. <^

1 .1

universe, vvith which '?'^.'^r>orwrr*!th ±r Enj^-land arxd
crown in f^rance forr. the connecting link.

I

/

I 7;ould call Germany' ■ falling into privacy.

It begins with Emperors. True, for 2D years
German kingship almost disappeared. The last, as
it v/ere, legitimate kin^, Konrad IV, son of Fr.II,
died in Sicily in 1254. An insignificant count,
who was not eveh a prince of th^ Empire, Will. of
Holland, anti-kinr; of the papal party against
F.II, ruled for a few years. Then two foreigners,
Richard of Cornwall and Alfons of Castile, were
elected at the same time hy dissent ir^^ princes.
V/ith r:udclf of Hapspur^; a^^in a count lecomes
king because the princes were eager to have a
powerless man at the helm of the '=^hip. ?/ith the
house of Luxerxbourg, it is true, a course was
taken again in the direction of the Hohcnstaufen
Universalism. But the Luxembourgs failed, and their
greatest representativeCharles IV (Sii:ixiAH 1:347/72)
became the prototype of the HiiU3riac!it-^^i.igers, of

tho^^ ^moerors who think of nothing but of aug-

^ private
mentin,^ the/power of their house. Besides, there

In 1298
are almost continuously tv^o anti-kings*. Adolf of

Nassau - the only Adolf on the GerxT:ian throne and
one definitely crroked v^ho took private pensions
from both England and France, promising to sup-
port both of them, in their war against one an-
other and finally/ supporte(^ none - was opposed
by Albrecht of Austria; early in the 14th there
follows the couple Louis of Bavaria 8r, Fred.Austr.
Then Jjouis of Bavaria versus Charles IV, the
latters son Wenzel and Ruprecht von der Pfalz.

Put ther<^ is no point -^ ^^ ^*nM7->eratin£]; emperors ^r-'^fh
whose na:nes even Gernians are unfamiliar - unfami.T-
ic^r because their being emperor was a private
business with which- the nation had little or noth-
ing in common. They v/ere men, and even more so in
the 15th century, who were acq^uiring private ter-
ritorial possessions within a greater framework
than any other prince, bishop, abbot, but other-
wise not different from them.

From the papacy the German crown became more
and more independent. About 1300 the climax of
dependency was reached when Boniface VIII became
the overlord of Albrecht of Austria. But then the
papacy collapsed, went into exile to Avignon to
become an instrument of the French crown, and

despite a.reM'.yal of the^olcl controversies cetween
•^ m this case John Sz Louis

Pope and Emperor/the political papacy lost con-
tinuously z^^'^'^-^ i^ Germany. And that last strugg-
le, focussing in the Fr-^nciscan claim to clerical
poverty, approached the sphere of the ridiculous.
Under Innocent III St. Francis had received, what
all of us hij^/f^f the privile/^ium paupertatis. Under
John XXII poverty was branded ;i heresy which pro-
bably is quite correct. However, by 1338, the
German electors m.eeting at Rense (near Coblenz)
declare that every prince legitimately elected hns
full imperial rj.ghts even though he may not have
received the crovvn from the Pope. PjtA in the
GoldT Bull of 1356 under Charles IV this prin-
ciple is once more emphasized. V/ith Maximilian
(1493-1519) the one elected even takes the ir.per-

4
hut there is no ponnt in ^enumerating the names of
emperors whose na^nes are alraost unknown to Germans
unknown becanse their emperor hein^

I

/

title without papal coronation.

The royal election f'*!! in or about 1256 to a
sroall body of princes, the electors, three eccles.
prj.nces (Mainz, Trier, Coin), and 4 secul., piohemia
Count Paj.atine, Saxony, Brandenburg (later ^^avaria
and others). In a way it v/as established as an
antitype of the xariii college of cardinals i.e.
an elimination of m11 too gri^^t a body of electing
niagnates, T<ut the result was the so-called "Hand-
salben", anointing of the hands - but with nioney.
The electors had to be bribed "bf a prince^wanted
to be e].ected; and thus it happened that several
times they v/ere about to elect even the king of
i^'rance or a i?'rench prince.

France, in thoijl jpxriiu^ beginning of that periO(^
had de-i^eloped into the enf^.'my of the Reich. The
murder of the youngest Hohenstaufen, Konradin, who
wxxxtskxK as a prisoner of war was executed on
the scaffold at Naples by Charles of Anjou, had
not affected ('ernian emotions particularly, it is
true, the German princes shuddered fcr ?•» moment;
but +>'e great body of Germany lay dull ^nd stupid
and unmoved. Only in the so>ng<^ of the German mer-
cenr*->ries Corj^adin's memory survived. All tliis,
however, did not mean very much. More important
was the systematic policy of expansion of Phil. IV
- about 1300 (1285-1514) - too pushed slowly,
step by step, toward the Rhine, acquiring 9 monas-
tery here, jurisdiction there, another privilege

/

at a third place; who concluded alliances with

the petty princes on the marches of the Reich;

who prompted T)rinoes nnd "bishops to adopt the

French coinage so t?iat at Verdun the bishop coined

money ija with a French legend, v^hile the citizens

minted with German lep;ends. Philip's procedure was

more successful than any campsiign could have been

and cheaper bs well. It ended nnt tv^-rough German

intervention, as the crown was not pHrticularly

interested, but because France then entered the

period of her wars against England, so that th^x

expansion to the HV^ine wa*=^ postponed. But we should

not forget that emperors sxsk them^selves such as

invited
Fred. Ill xxkKd France to take over parts of the

Reich if France granted aid against rebels such
as the Swiss who declined to belong to the Habs-
burg Hausmacht .
This is what we may call acting privately on the parf

of the crown. How should there be any link finding

& nation

crown and nation together, or commonwe?.^.lth, or

city-state and nation, as everyone acted on his

own responsibility. The Reichstage, the king's

diets wXi«X were summoned at the king's pleasure

at a place wh-»re the king saw fit to meet the

Tpe'^tjng regularly
estates - there was no parliament ^at Westminster

or Paris. The vaguenei-fS within space, whic> s
significant of this country without a o?^pital,
survived also in the German Reichstage, where
only the great estates - secular and eccles,
princes - met. The knights and the ^tt^lzm^RX cities

were reprf^sented only as far as they 4epend?int on
the Reich - Reiohsritterschaft and Reichsstaedte -
f.:^y^f[ ,r.vo>-i r>o t})ey were admitted comparatively late,
by the end of the 15th century only, while the
peasants had no regular representatives at oil.
And besides, nobody could really tell what the
competences of the Reichsta^e were, what they couU
or could not do. Did a majority decision bind a
minority? Was attendance necessary? Did it depend
on royal summons? Could a Reichstar^ meet without
being summoned by the king? All these questions
were not only unsettled, but not even the question
had been raised. The king negotiated with the
princes as a private man. If there was an agreemetiTj
this was published under the* name of a recess;
but it was obeyed or not just as th«* individual
princes chose. For there was no Fe j chs-Executivc
to enforce a recess. The main reason for a meeting
was to prevent the emperor from ever amounting to
anything that might interfere with princely ind<»-
pendence, while the <*mperor met the princes to
get from them some concession for his Hausmacht ;
rarely was there a business settled which referred
to the whole Reich.

Thus, also the Reichstage had 5ack<*d away into
privacy. It was a meeting of the chairman and
shareholders of a joint-stock corporation with
everjrbody being interested in his shares only mid
not in the corporation. It was private business
without one universrl outlook.

p

This indifferent attitude affects even the
gre^^t ^erche-ints such as the Fii^oer at Augsburg in
-^v^^ iR-f-v. r*fl^r^fi\r^r , T^^^'' ^-^^ ^'-^de th^ir ^onev 1"^ the
cotvper- nnd silver-trade. They bought nines in
Tyrol and Austria, in Hungary and other saracHtr
Bohemia. They expanded their trade throughout the
then known world, estn.hlished tr?,de co^pnnies in
Venice and Antwerp, and succeeded in spinning a
net net of co icercial relations "- rveryv'-^/^re . "ut
-^v^y^ too, acted in isolation. T"^ -\^ -^rue, fh^y
'^.dhered. the house of Hapshurg: Irut they adhered
the HapsDurg not because ' that house represen-
ted deserved i.e^..^ c^u.^port^d to ^^ - -^"^nd of the

- « — 'thi?'' •vo''ild hr^ve b»^^n the
.• t Frenr*>^ royal ^-chents s'l^ch
q? " iv.es Coeur, who for good or bad, :ere lirJced
to the crown of Fran.' ^ • - 'f t.^e .^ .
.^•Trr»v.:,-t,<5 -hc d their s: 3 in pari- et or
------ knighted and then acted without ^ue3^i.on as

Ezi^l:iz::^:. . The T'^oo^-^ '^^^ -^t ^...erest^^ in
Germany. They adhered Hapsb^org because \- r]:y of
their Tiines -A'ere in the Hapsbur^ territories, be-
c::u3e rjohemia and H'uingary by that time had fallen
to Hapsburg. Nor were ''hey i v^t A-r^c.+ Ar? i-- f.h^ir
ci-^y ^f Augsburg -^^^^ e.g., Cosiuic ..-' edici vould
be. CosiziO iiik hi? " nking house xxlxx as a poli-
tical ,^ency. His personal power was based upon
it but ^ '^ ^'^'^^ a means to gain power, to becoTi^^
lyy^ n^nter o~: -s Florentine cosr^ios, to bully his

i^iri^Ji'of t

in order to malce Flor^riG* ro^^"^rfnl - ar>d "be-^utifi:.?.
"^^ ''atjoCrs v;*re five time as ric^' 2.5 the ioi;
but universally they mean less than nothing >''here-
-^ 9". t V' I* n*^"Po of the Medici ^'■"' ^o"^ ^^ -Pn-rrro-ff «>-
to ^'r;« •];d of the worlri . Ncr "/ere the Fii^^'crs po-
litiqAlly •-^"bitious. There was a Catharina Medici
nv. ^-v.^ TTrench throne, hut nrver - Fu-jer. It is
tru'--', fH-^ Fugjers "became counts, hT^-^ -^-^ v,.r.y>r.^-^<«»^
casuall}''. They -d loaned money to the emperor and
had rec^ive^ in turn, sb security, certain ^reat
est^t-'^. i^^v^T-^h they had to adininister . There arose
difficulties with the feudal nobility belongin^^
to these counties because they did not consider
a bourgeois ]\.lr . Fug^icr coTnpetent. So Ja-iiics Fu^t^er
asked to be m-id^ count for this purpose, for bi"'«=^"i-
ness sake. He hardly used his title j^nd did not
care for it. ut it fa±±s in with everything else:
he vvas a private international merchan*^ '^'^'^ ^'^as
lacking universalism in every respect, not to
mention arts, learning 1 hunanities. All of this
was there, too, of course. He had hi^ ^^eautiful
house, he had the best edvc^tlor. (as he was d^s-^-
inned to become a priest). But all that focussed
in his privacy, not in a Forum P.oiiȣinu2i or a
piazza della Si^iprioria in Florence, that i^ ^"^'^
in public life. The politlc^il sphere, in '^very
higher sense of the word, was lacking, even with
the international merchant and the creator of the
first modern concerns.

10

/

Emperor, Great ?rinces, Reichstag, International
Merchant - they should have rex)resented nlmost
ex officio a more universal conoer^tion of tVi<^
Heich; out privacy was their stigma.
If vv- nov/ turn to th.^ other estates - knic>*ats,
cltlzf'.rir. M.nd peasants - we will find a similar
concept though for different reasons. For their
narrow outlook, their lilputian perspective was
not due to jacrasjtijfthe paramount selfishness
of the bi^' ones, it was due to their dependency
on the territorial lords, the Laixdesherren, v^ho
kept them in narrowness.

These Landesherren were the disaster of Germ-
any, for upon these territorial lords there
hinged the fate of German society toward above
as 7/ell as toward below.

Thcii determined the policy of the Reich by
their xndifi'erence with respect to issues of the
Reich. ^\nd they determined the destiny of the
lower classes bv their unrestricted reglementa-
tion of everything. If the princes themselves
wer/? eye-flapped, we may expect their subordina-
tes to be blind-folded.

he number of territorial Lords
ruling over territories of different sizes and
patterns is horrifyinr;. There : -^ about 350
territories oelonging to electors, dukes, mar-
graves, princes, counts, lords, archbishops,
bishops, prelates, ajbots, abbesses, com^^andries

^f religious orders, free cities; and even the

/

11

contemporaries were at complete loss at findinq
out the^number of these sovereigns. The re^'ister
made .it the end of the 15th century was full of
mistakes owing to the continuous changes follow-
ing after nev; ac(iuisitions or divisions of in-
heritance. H house such as Braunschweig had at
l^-^st 5 lines (Lunehurg, '7olf enh'jttel, Callen-

0 erg, Grub enhagen) ; similar in Tiaden, fJavaria,
Saxony .

And yet, these petty-princes v/ere of great
importance. What the Reic>^ r^ev^r achieved, here
it ^ms carried through: the centralized state.
These little territories had the courage to
eliminate the criss- cross of privileges, J)rero-
gatives, exemptions asf., oy which in the Reich
every general rule v;as a priori unaermmed.
These territories carried through the unifica-
tion vi/ithin their limited boundaries. The regi-
ment was T^atriarchal, personal, and narrow. The
smallest Lord vvould consider himself called by
providence to fulfill his task of governing his
little country, of inheriting his neighbors land
or of warring against him. This acting by a kind

of divine right in narrowest surroundings made

ao"^' ear
these princes ki^ioskrlRXx devoid of humour, of

self- irony, of refinement in general. The same

narrowness may be responsible for their lack of

education. In a time Nhen in Italy every burgher

collected manuscripts, these German princes

w

ere on the whole hostile to books. There are

12

exceptions, of course, and it may surprise you
to hear that, e.g., the margraves of Brand en ouJrg^
Hohenzollerns, belon^^ed aosolutely to the small
^^roup of humanistic princes. 'tkxxSla.xdiiiaixXikxi:
ixxansxaf xiJfiKx±Kw( j:>arbara , /ilbrc cht ) . By and
lar^e, hov/ever, the situation was such that
in Germany IIumaniSTii and Princes, not to mention
th(^, smaller nobility, have never really met, not
before the Goethe period ¥«-?*^y, v/hile in Eng-
land, yranGS';^^aAd above all in Italy the nobili-
ty was thoroughly humanistically educated. The
reason for this singular fact is difficult to
explain. But even in the l6th century Ulrich v.
Hutten, one of the few unless the only hiLm^mist
knight complains bitterly ackoiat of his peers who
show theTTi.selves complet««*ly unattracted by '=iny
higher education. This was not the case in the
earlier MAges. /princes -is well as their

However, in these territories the/magistracies
had their residence and were not roaming about
in the country. Here there was an organized
officialdom, the chancellors usually men of
ecclesiastical rank, the HtkRrxxfeigk Justices
and treasurers men who had studied law in Italy
or by the late 14th century in Germajiy. Thus in
these territories tkffXK:awxx a-Kpoliticr^l sense
had developed which in the larger framework of
the Reich remained underdeveloped.

However, j4^Ji well developed state in all too

ftaxi'ow \>oujidexleb tlf.d

/

13
narrow limitations exercized a pressure on the
subjects which was fateful. Taxation in the
mediaeval empire had been lenient; now, as the
state became efficient, taxation began to press

on the subjects. Moreover, the mere fact of gra-

ex
dually/chan^in^^ feudal ties for ties as subjects

(Untertanen) was somewhat revolting. Small
noblemen, citizens of territorial towns, and
peasants suffered alike.

The knights tried to ignore the new situa-
tion, and dinged to the old forms of life.
They re^S»^ ^e^pa^i.^. taxes because they held
that the knight serves only with his sword not

with money. They felt that economocally they

and

were eclipsed by the cities/ began to hate the
citizens. But they likewise hated the official-
dom as they could not xatKkxt compete with the
methods of lawyers. 1'h?i._S^_f^'t tasks ±of the
knighthood belonged to_the p^ast after the 13th
century. Even the colonization in the hl'dst had
come to end, an outlet used by innumerable
noblemen. Most of the East-German, Prussian and
Baltic noble families migrated eastward during
the second half of the 13th century, perhaps
early 14th. Thereafter, however, a settling was
less promising. ^

30 the smaller nobility brooded in Uu". iL'u-k ui^
castles, living among peasants, and bec^mn^^

stranger ^ere-this v/orld. They married within a

14

I

very small districts into the same families. A
Frankish family, e.g. (Rotenhan) celelDrated
110 marriages vvithin 400 years, but only six
marriages took place with non-Frankish families.
In short the lower nobility, the squires, suffered
from lack of tasks which resulted in a privacy
similar to that of the hi.^her ranks though for
difierent reasons. Their doing remained just
as "local" as that of the territorial lords.
The result was that here a ^":reat number of malcon-
tents gathered, who occasionally formed Leagues
of gggpg^3t^^ji£%y.t kni.^hts (Ritterbiinde) which, how-
ever, disappeared after a short time without
making their members more content than they v;ere
before. But they tried to break open the livin;?-
space of their estate, which had become narrower
thiprugh the nev; practices of the state and the
officials trained in Roman Law.

Most of these Rit i-.'^'rbunde - such as the Schv\/ab . RB . ,
or the society of the "grum.bling lion" and
others were directed a/^;ainst the cities who -.vere
credited, in the earlier period, with being the
source of all evil.

The cities indeed were originally better off than
the knights. The cities, moreover, first real-
ized that it v^as safest to rely upon selfdefense
and to gR line up as Stadtebilnde . ..uite|b^n^>-ally
spoken, these centuries of microsmms organiza-
tion of states were, at the samt- time, the

M*<*^t"^%»-.»^ *^-

^-p

«w

J

JL

;;, Ocal-i-e^^

centuries of what is called t
the fren unio

he freie Einun^-,"^^

the fren union, namely within the varioun c.lasse^.
Thr» T^T -^ ^- '-T^^unde caiTf^ "♦"'^ t i P^'^ ^''^^ofvaE^ ^^^f^y vvere

ox'posed to the Stadtebllnde while under the sur-
face the r crnhunde be^^an to i^'^repare the xev^O'-
lutioiiary background of the spiritual revolution
to come.
The first of these St-idtebiinde was one on the Rhine
in 1254. These Rhenish cities abolished taxes 3:
tolls as far as the -'r-"^'""''^ "nth o^'^ ^ mother was
concerned; they established a special coinage*
their outlook was broader because they even triec^
to protect the unprotected Reich if necessary.
The most important Stadtebunci was the Hansa. In
originated in the North-E^^st, 'ore altogether
the atmosphere was less stuffy, ucrinan merchants
in Gotland and Wisby wer^ ^^ents for t]-- trade
with Russia and Novgorod as well as with England^
Then, in the 13th century the herings had trans-
ferred, for God knows what reason, their spav/ninj
places from the I^orthSea to the Baltic, a fact

Mch furthered the Baltic trade. 3y the middle
of the century cities such as Hamburg, Lunebirg,
Wismar, Rostock, Gr^^'-P^^w-lr»^ .^ R^mTe^md for-^er!
a Pund. Bruj:^e, Stahlhof in London, towns of
Flanders, ITorth^Ve stern Germany, Rhine, .^oout
70 cities, supporting' one --other. Working in
close collaboration with the Teutonic Order.
Decay in 15th century ^ Ibth. In 16th llering
back to Ncrthsea. Poles had coriuered the D.O.

Nov-orod blocked by Russians. En-land excluded

it.

16

/

However, ir) general debacle H, a bright spot.
But exactly these St'idtebunde ^ade territorial
primces ' si-ispicious. They realized that these
particu.larist movements or these unj.ons re^^ardi^f
no princely borderlines, were detrimental to the
unj.ty of tb^i-r ^.t-tes. And already Charles IV,
in his Golden Bull, shovved a definitely h6F=t(Lle
attitude towards citie? and St^^dtebiinde . And
when finally these Bunde succeeded in defeating
princely armies - the Swiss, e.g., against Haps-
burgs - the princes prohibited the formation of
the city-leagues. Thus even this most prosperous
social group was at least hn-^p^^red by the
territorial princes. But it was better with the
Reichsstadte^

I.'iost important of all is the peasant ipovement .

It is not to be looked upon as an econ. , out

political in first place. Altes & Gottl.Recht.

Jacq.uerie in France 1356
Wat Tyler 1331

Against Jews, clergy, cities.

I

P QU '^

n,

The Pensants.

W

The most interesting of '5ill the estatfjs is that of
^^^ ^li^ASAITTS. For here there are gKJCXX forces at
work which ultimately would lead to a true soci-^l* t^ti.
revolution.

revolts of the peasants were not confined to Germany.
In fact they broke out in Qermany much later than in
the other European countries.

The first of these revolts broke out in Flandrrs in
1325, in the surroundings of Bruges, It was directed
against aouses of the territorial lawyers and Justi-
ces, who assessed the taxes ^xixKisrxtifi arbitrarily,
took bribes and embeazzled the court fe^^s. But the
struggi'.. .-igainst the law courts grew into a struggle
as-ainst anv dominion. Flanders was in revolution.
The castles were burnt down, the nobility was to be
exterminated; and when the Church excomiaunicated the

peasants, thus lining up with t>:e nobility, the

naymcnt of ^ -, ^
priests were expelled , /the tithes xkxk refused, and

the break of a new age expounded. Evangelical ideals
were blended, in an Indistinct way, with communist
ideals. For five years the peasants ruled the count-
ry, before the French crown intervened and defeated
them in 1328. I may stress the fact, that the re-
bellion was not the outcome of economic emerg^ency.
The peasants in Flanders were personally free and'-i^^y
quite well to do small proprietors. The\| strug^l^'^
against the new magistracies ond against thejf posi-
tion as "subjects" of a petty state and the pressure
exercized upon thera by the territorial lord, the
Count of Flanders.

^ France

In France there was, in 1356, the ill-faraed revolte of
the so-caiied JaC'^uerie (Jacques Bonhomine-xarrier ) .
Here thera were several elements that joined together
to cause the revolt: the plague of 1348, the wars
against England, and likewise a struggle against the
feudal lords. In addition to the desire of restoring
the so-called "Old Freedom and old rights", thtS
movement had. religious motives, directed against
Jews and Clergy. The Jacquerie fought under the
Lily-banner of the king and for the king with the
kings battle-cry, but against nobility, clergy &
Jews.

In England there was the great peasant revolt of -^^t
Tyler, in 1381. The Plague of 1348 had killed one-
third of the population, A feudal reaction tried to
get as much as possible out of the remaining labor
forces. Old feudal rights, forgotten for hundreds
of years or dealt with very leniently, were renewed.
The law-courts supported the nobility. Against the
revival of old restrictions the peasants revolted.
Thefc wanted to see abolished the fees to be paid at a
peasant's marriage or death, the enforced u^age of

the mills of the feudal lord, restrictions referring

of
to gat tiering wood in the forests, of hunting and

fishing.

Again its was not really economical need, for the
rebellion focussed in in Kent where the peasants
were free and relatively wealthy. It was against
the lowering of their social position and the press-
ure exercized by the feudal lords or the s^iuires.
It v/as the struggle for the good old right which

her H^ c(

*)went together with %hm religious movenent

^ called to life by John Ball, the preacher vyanderin^
through the country and setting the people against
the rich clergy and the arrogant nobility. He was
backed by writing such as Langland's Piers Plov/man
or ballads of the generous robber Robin Hood and
verses such as

t&

When .xdam «riie4- and Eve spun
Where was then the nobleman?

Wxtk d'ohn Wicliff tkx^ had little to do with these

peasants. But the peasants adopted one of V/icliff's

demands: to seculari^ie -nid distribute the property
of the Church.

Now the German peasant revolts have many, or almost all
features in coLmoon with th<- i^Uemish, r'rench & tinglisV)
movements, the bmir difference being that the^out-
' break took place 150 years later and that the settle
ment was not as advantageous for the peasant as in
]?'landcrs ind England, v/here the peasants, by and
large, got what they wanted. And above all, in Gern}-

/ any the peasant movement /;as to merge with the
greater movement of Luther's Reformation.

{ To begin with, there was a great number of local up-
heavals preceding the Peasant Revolution proper of

1525.

During the 13th century there were two revolts in

Switzerland, ending in the league of the three

Cantons Schwytz, Ury, Unter/;alden.
In the 14tb o^atury there v;ere five, mostly in

Switzerland and the mountainous parts of Austria.
In the 15th there were 29, and in the first quarter

of the l^th 11 revolts.

They centered exclusively in the old Reich, South
of the Main including Switzerland from Bern to
Kempt en in Bavaria, a second centre being in Austria

.■^■<,^ ..: »»;«»»>»;.-■. ->- -i ■■■.v.- .^..-:..^

H

V(lL^. ^AV0afAVc<

/

in Styria and C-irinthia. It is si^^nifioant that in
the "Colonial** parts of Germany t^-^'-^re was no Bauern-
krieg, nor in the North, that is in re,|jions were the
atomization had not proceeded that far as in the
South. ^/>^ ^ ^..«.M.r 'r- .( ->,-'^' A ^-•^'^^ Ipt^^^^s^ i^t^ ^^/^
The claims of the peasants are based on two different
concepts which the later the more often would over-
lap: one legal, the other relip-jous.
As far as the legal question is concerned we may be
surprised to find that the problem of i.onda.-e or
serfdom played a soraev/hat secondary role. For the
complaints of serfs and free peasants are the same
and they refer above all against the territorial
Lords, say, the Habsturgs or the d^ilces of ^Viirtera^erF
or ^avaria or Bishops and ecclesiastical princes.
Complaints against the ^^^^a^'^are relatively rarer
lor these squires^were suppressed by the same forces
against which the peasants revolted, and in fact
the small nobility was just as seditious as the
peasants, though only ocoasionally the two groups
would pull together as in the days of Gotz von
Lerliohingen. Also, the citizens in the towns under
the direct lordship of a Landesherr would occasional
ly make comnon cause with the peasants; but almost
never would a free or im.perial city join the agrar-
ian revolutionaries. mhat is to say: like ot-ers
The peasants fought against the new sovereign states
within the empire. The^ longed for being "free peas-
ants of the Reich", but detested their petty-princes
detested the state-machinery, the law-machinery, and
the tax-machinery. In the ecclesiastical territories,
the campaign was directed also against the clergy

idh^'jua

/

and even more so a,p:ainst the clerical law-courts.

^"-ese clerical law-courts orifrinally referred merely
to '^':'clesiastical issues. IJow they encroached upon
the secular suhere. Every procedure in which a ■
priest was involved, _is brought to the ecclesiasti-
cal court, /-.cove all, every action for debt t.ecame
an ecclesiastical matter. Hoiv cope? a debt .vas u^ual
ly combined, in those days, with pro-ise by oath
of repayment. If you did not pay you broke your oath
which justified the ecclesiastic \1 court. The eccle-
siastical court iT>.T>oc^ed spiritual punishment on top
of the secular. Often - • ole villai^- would le under
interdict and had to buy itself out again, because
one poor soul had not paid a debt which, perhaps,
was ed to a Jev . .jid the people -ould ask: What
nas tne ooori-claim of a Jewish ierchi nt tc do with
^vr. service i- -ill--- G>u>-chl The ecol^ " -^^ce.l
court, in t-arr, was not interested in^jrotectin^ '^^'^
JewisV^ creditor, but s interested in kJitk the fees
of ' oth the Je.. i^nd the peasant.

_-ere the ^-nti— clerical as vj**!"" ne n-rt ■• ci.'^t-.j + t ^ ''-•-'r>\^
£rc . ' of the reasant-rnove t becomes obvious in
addition to the anti-x.rincely axT-itude - a blending

of feelings

knights as well as by many citizens of territorial
towns.
In short; .i.^ ^laiiris of the peasants centering in t. e
battle-cry "-ack to the g^oor] old Law'* me^-^-^ ^■■"'^"' ^: sh-

t of t' princely ^^overnment ich ha'^ snread
Lei*veen ETrc-rcr ana peasant ^ ^■^^^'-^^-^ c o i-^jot i^(ju^i

':■ ? e r

•"• "»/• "»* ff 1^ "•^

ia 1* I-

based solely

' 1.

iceal ?t3te o:
4-v^ divintf L.c.^.

o:

ty Mil"!

Ic age.
^'he Qi^^f.rence Is, oi course, ccr.siderar^le . A revolt

^ u uLj> . ^ oi»\. ^ - i ci. ;; w <-. -<_i ^

t:. - .. .;.t of rtenlerg remain*':^ ±k ■ >lr t>^e
frontiers of the Et:iite involved. ^ revolt o: ■count

U'J.

Jivxne

^m Xm^ •!• ^^ «|to «k

.e "^e

<y jC 'V'^B

-hV,

COl

?'*^'

mv,

tred of t

ler^v

110^1 c

;ot a hatred of the po;

revoj.u" ionarv

■ * c

+ ■

isplaved "^^.e pap^.^ z^-..:
St /i.LuTv or the iniperi

crown

anc

Tor ?

in"

a

I'-.'sor^

-»-v

e "cishops 3: th^ '"^--:-

1 1

ere expeiie

ler^v vA/ere s

icn e

ea

-f Vo +

• J T "v-t C

t

^^

complete dis-

or

*-. CfcJ. j. -*. w» .

^ xui.

Ltering of the wi-— :c.

ii st orT

.-p •..

e Elo

1 n -'■rjin

le.

'ir^^'*' ".

--^x^m

rr!

it fr

-> TJ-

iorr.er

•aching
s lorn zxKxl

in 1359 ir. Bohemii

e^n or

-^ 4-

»' -^ . ^ j->

oph

• ±.

acu^

niv

Constance
Hus, ^n ;
Wicliff, ■

^r^at council was a

:re-ii

ci£ M3C£iEiK±y dependent oh Jcr^;

English r'

'-r*-*-^-*-

t T

"'^■*'"*" O^'n^'? "t^"^

i*r^rchv is not

ch of Christ, tnat the s:'iritual power of

the

■n

cl prie

rd upon a holy lif'

•St-i

poverty,
nci deri

only source of

It nor i"

f 1

ji^ 4- 1.-

r doinr does

ei

.^. ^ ^ — 1 p- e

re the

es

re comes the wo:

Icz:

ne sentence

j.r IX JL _L ^>»--.

. 1. ^ L _i !.'• A>J

ni

^^.^. ii2?tlti'i f-v.qr r*el ir**~ ?it fiind.^^tnnn -

— '1,

^, n- «ft - c

iJmi.

/

no civil . T.inijn unless it "be founded in the evan-
relic justice.
'-■^r- ^i;j-jole compound of problems goes back c^^axn to the

te*^ohin/T of St .Pr.^n cis , "^i*^ ^'-■^-r-^^ p-m ^r-^*-'^ ^r^rr^T*""' ^

sjTJtx'-zls biasing excl'-isivel^T- upon the £;ospels,

his hope for a TPessianic a^e to co- " wnicn rr.x nis

disciple-, -^he radical

■V* Cj ■' " t^

n —

"•girituals,

had blended :. ^ :- the most/revolutioruiry doctrine of

the L

1 the reforir^ers including

t- 0 e Lmi . - . n ^ .

±iuther,and evci. Hitler are h:L..o-J--^> namel^v^ -^^^

-^o'

doctrine of JoachiF ^f Fiore, a South Tt'^l'^'^r
who died ir. ".02.
Abbot Joscr.iin had discoverea , as riany before hi- .cull
done, the csoteri^" --*'' - + j r^--?''-lr^ betw*-" Old & I^TT.
He fi-^jjred out that the OT had Deen unc.er Gc e
Father, t'- '- ~ .,- cier C-od tr ' 3on, snd as he ■ -X
in strictlv trinitarian "^-rms >■* r^^.^ni-^^n,^. -^hr^.-*- o-n

afe to come would be ruled by the Holy Spirit.
Starting from this conception of the thre^ jes or

empires ne ce^nn to uuild up nis cosmic concordcuiiCe:

The firrt em- ire, that of the Father, began with
Adam, created by (}od directly.

Th? ?ecrn^ Empir?, that of the Son, cegan with ^^
the r:ei or second ndi-vm, li) Lse created by
G-od directly.

The third Empire, thus he concluded would like-
wise !Lerir. with a man created by Gc iirectly,
and Joachim '='"^^0-? this third Adam to cone

the DUX NOVUS, the new Duke or Duce or Leader.

^" ^It-f^^^ "^^^^ expression, whicr ;s to haunt
the KjsiM from Bante to thr present u.-^ , xrczi
£t.vatthew,2,6:

And thou Bethlehem in the land of Juda, are
not the least amonp; the princes of Juda: for
out of thee shall come the DUX ( Governor, K. J. \
that ?.h.qll r"''?l<* ^^^ T^<»n-n"!» rq-v-. ^i

"^ct hi eh em is to Joachim the city of poverty as
opposed to Jerusalem the city of kin^shij; and
froTP r>n^n-rtY the ruler of the Third Empire is to
come.

What Joachim had established was a scheme of divin-
ing the future. He figured out that typologically
the f j.rst and second age agreed ?^nd th^t there-
fore the third age, typologically, would be in
concord with one and two., a simple equation of
two k^niv^ '^'uantities and one unknown.

Tnus he said: the first was under OT.

second ITT.

third Everlasting Gospel of the

Holy Ghost.

Or: first Synagog serfs

two Church free

three Ecclesia 3piritua^is friends one ny S.5.

Third age that of homo spiritualis, who would not

need sacraments of Church, as he was aware ^of the

one of

mysteries with^"-^-^ mediator. Here is/the roots
of the antisacremtalism of reformers. The spirit-
1 man did not need a priest, a mediator, because.

eMf^.rv ^nn would hav^ direct access to the dxvxne.
Every man would be a bono spirit^inlis nnri -^o,
such like Adam arxd like the second Adam. And
the Spiritual Franciscans and Joachitcs v/ould
say that all tne faithful in the spiritual
Church would be ^luasi Jesunculi who in vener^+in^
the crucified would venerate themselves.
However -ueer and rational-absurd this doctrine
^ay ar^rear, it became of greatest importance. It
implied

1) that there was to be a progress^ in that the
papal Church was to be superseded by the
spiritual Church without priests and sac-
raments

2) we find that well known program of a ret^orn
to the ori^^inal simplicity of r^dam, the
first man*

4ucl UjitJ^ (-l^xA'^ MJtfK^ ^OLJtjUy «Oct^

I

\

LUTHER

m

I

iO

H
O
hi

To go back to the Bible, to the Gospels; to re-
store a paradise on earth such as it had been
"when Adam ploughed and Eve spun"; to restore the
world such as it had been in the age of apostles
who had been poor - this about was the religious
side of the peasants' program desiring the DIVINE
LAW. But if they "Pected to find help and to
be supported by the man who/^id^^alled his 95
theses at the door of the palace chur h of Witten
berg wherein he mentions similar thoughts, they
were mistaken. Martin Luther believed in magist-
racies and not in revolutions, and when the peas-
ants started their big war in 1524 he stood up

afit^were^'" """"^ answered their 12 articles with
his bull of excomrounication "Wider die mordischen
and raubischen Rotten der Bauern". He had to com-
ply with the wishes of the Princes who protected
him.

But we would do unjust ice to Luther if we called
his attitude "diplomatic". He was anything but a
man of politics and diplomacy. Born in 1483 at
Eisleben in Thuringia, from peasant stock, educat
ed in a high schools at Magdeburg & Eisenach, and
the matriculating at the University of ^^-rfurt, he
indeed thought of becoming a man of politics. 'ne
studied law, which then and now was the gateway
to a political career. But he changed his mind
and kKEanaaxaxaiaak after having taken his degree

(M

/

of master he changed his mind and became a monk,
entering the August inian convent at Erfurt in
1505. The seven years which he spent in this
monastery, were iar devoted mainly to study of
theology and scholastic philosophy.
His stay there was interrupted in 1510 when he wa^
sent in a business of the Augustinians together
with another friar to Rome. The stories told
about Luther in Rome may not all be true, stories
about the conditions which he encountered. We all
know that the Renaissance papacy was indeed com-
pletely secularized and that at the gay papal
court life ;vas easy-going. However, the most ama-
zing thing is that Luther did not have an eye for
the works of art. He saw neither the buildings
of Bramante, nor was there to him a Melozzo, a
Rafrael, a Michelangelo, a Pinturicchio or
Leonardo da Vinci. All that Lither did not see
with his spiritual eye. What he saw was merely
that Pope Julius II, the Maecan of all Renaiss.
artists, did not agree with what Luther v/ould
have styled a true priest. For arts he was blind
as he was not open to the ancient literature
which then excited Italy and slnssj^ the educated
world.

From Rome he brought home the worst impressions,
and coming back to Erfurt he plunged into the
mysticJsm of Tauler, a German mystic of the 14th
century, and occupied himself with the critical

which
Bible edition atf Erasmus of Rotterdam, the great-
est German Huinanist, had just published with an
explanatory comment. A few years later his terri-
torial lord known as Frederic the Wise of Saxony,
the elector, gave him a chair for the teaching
of theology at the newly founded University of
Wittenberg.

Nothing in him seemed to indicate his mission of
a reformer. He was critical, highly critical,
against certain conditions in the Roman Church.
But so were many others, ^^at was different with
Luther was his inner troubles and the restless-
ness of his conscience, the question whether he

religious
could combine his doings with his conscience.

This "new conscience" was perhaps the decisive
factor, the lever of the whole Reformation. It
was to make it impossible to him to ex accept
the means of salvation such as the mediaeval
Church offered them to the hearts trembling and

in fear. first

It is well known how this new conscience made

itself visible.

The Archbishop of Magdeburg, Albert of Branden-
burg, wanted to be appointed also achbishop of
Mainz and German primate. As pluralities of
ecclesiastical offices were not allowed or needed
dispense, this issue led to some bargaining
between him and the Roman Court. He had to pay
10.000 ducats for the building of St. Peter's in

/

Rome. To ease the payment the Roman court declared
an indulgence of sins against the payment of
bertain sums. To farm these indulgences was left
to the Fuggers at Augsbixrg, the bankers of
Albrecht of Brandenburg, while the latter' s agent
a Dominican called Tetzel, travelled through the
country to collect the indulgences and to give
in turn the famous letters of indulgence by means
of which either the sins of that person were
nullified or those of his relatives in purgatory.
However we may think abo»t these indulgences, the
people obviously were eager to get them just as
in later antiquity man v/ould have believed in
the power of objects which he might buy. At any
rate, Luther objected to all that and in 1517 he
posted up on the door of the Castle Church his
announcement according to which he was willing
to defend the then following 95 theses, of
which the first one said:
Our Lord and Master Jesus Christ, when he says
^'Repenf meant that the whole life of the faith-
ful should be one of repentance - i.e. opposed
to the interpretation of the MAChurch where the
words meant "priest-imposed acts of penance."

It is sufficient for our purposes to deal with
this one thesis. Luther harks back to the Bible,
not to the interpretations of the Church authori
ties. He finds that the human attitude of
repentance is the obligation, Mt that is the

Divine Law, no

^ what according to human Law or

law of the priests has been made out of all that,
namely an act to be performed once.

From this toehold, as it were, Luther begins to
question the whole institute of the sacramental
Church which in fact came to life only after the
4th century, after the age of Constantine the
Gt., w^len cults of the emperors and cults of the
Gods began to influence the religion of the Cata-
combs. And all that had been amplified during
the following 1200 years, to good and evil, and
formed one huge universal building, the Church
which was .justified by its administration of the
sacraments. And the sacraments, in turn, v/ere
bound to the mediatorship of a priest.

Ritual or sacraments indeed is the basis of every
Church proper, that is of a congregation proper.
If this be eliminated theia remains personal
piety or at any rate a congregational feeling of
community which is different from the Church as
State such as it had been in existence, for 1200
years, and such as it then had been necessary
for many reasons.

One of the main differences between Catholic and
the later Lutherian view is of course the mass
proper. The Chxirch teaches the real presence of
the divine in the host, a presence of the divine
almost visible. For Luther there is no daily mass
and no transsubstantiation; and the place of
chalice and host is taken exclusively by the
book, the Gospels. This implies that the divine

6

no longer is an object to the eye and that no
longer it is visible; the divine has become an
object exclusively aeeessible exclusively through
the ear, through the word of God. The divine is
no longer object lire, but merely subjective,
merely an affair of inner man.
That is to say, eye and ear have so to speak
changed places. While to the mediaeval Church
the eye is supreme, the spiritual eye of course,
as life ends in the viewing of God; with Luther
it is the ear that becomes supreme: not to view
God in the other world, but to hear his word.
The latter is true also in the mediaeval Church.
But V/ord, Verbum, has at the same time a kjadtxiy
corporal meaning, as its is said that the Word
became Flesh and every mass is but the epiphany
of the Word.

However, we should keep in mind the absolute
supremacy of the audible word over the visible
word. For this trusting the ear and distrusting
the eye is indeed a most German feature - as
Goethe once puts it:

"The germans are more apt to perceive the Good
than the Beautiful"

and we may add that, if they have to choose, they
would always chose the good and not the beauti-
ful. Closely connected with all that is - I
would not say directly the "Iconoclasm" of the
Reformation, although a strong iconoclast under-

current is in Luther's teaching too, while

Calvin is definitely hostile to imagery - but
there is a strong indifference towrds images,
and on the other hand a definite supremacy of
music as compared with the other arts.

However this may "be, Luther's theses, his excommimi
cation, his burning of the bull of excommunication
brought about what we call the Reformation.

To be true, Luther did not think of a general

"Reformation" of the Church. Like all the others
he may have thought that a reform of some
abuses would do; they thought that a reduction
to the status of the Church in the age of the
crusades would do. Luther, once he was drawn
into the whirlpool of struggles which he did not
want, recognized that only the bible and the
early Xian religion and a turning back to the
Evangelic Age could be a remedy.
And once he had recognized that he could and
would not withdraw. His answer that he gave at
his meeting with the emperor Charles V at Worms
in 1322ft: "Here I stand; I cannot do otherwise;
God help me. Amen!" is the attitude which every
German would feel as being his own.xxjuaxaiaJcJLax
The difference: that Luther had the original
and unrefracted power of his soul or conscience
to live up to it and to speak these words,
whereas otherwise few people, though admiring
this attitude, would justify it through thejr
doing.

u

Luther's posting of the 95 theses, his burning of
the bull by which he was excofninunicated, the
pamphlets which he published, his breaking
with most of the ecclesiastical traditions
and matters of ecclesiastical discipline,
finally his marriage with a former nun, Kata-
rina von Bora - all that brought about what
we call the Reformation.

Luther did not think of a general "Reformation" of
the Church. He may have thought of certain
reforms and of stopping certain abuses. But
tkK Luther's "being" and "doing" was much
more revolutionary than his intentions were.
And once he was drawn into the whirlpool of
struggles and found himself attacked by men
who with regard to the strength of their re-
ligios feelings were far inferior to him, he
feuKit realized that he had burnt .his ships and
that only the Bible remained as a ground on
which he could foot.
He has to deny that only the pope can authenti-
cally interpret the Bible. He has to deny the
validity of those sacraments of which the
Bible knows nothing such as the sacraments of
marriage, confirmation, last unction and con-
fession. He has to deny the infallibility of
councils and popes. He has to fight against
a privileged clergy and for the priesthood of
every lian. And in doing so and standing his
griund and being conseciuent he deepened the

chasm severing him from Rome. 8

This opposition against Rome made his cause a

"national" cause in Germany. The Germans under

stood his attitude of unyieldingness which he

displayed at the various meetings with his

opponents, and his answer which in 1522 he is

said to have given to the emperor Charles V

at Worms "Here I stand! I can do no other\;/ise!

God help me ! Amen!" was quickly to become the

idol of Germany, no matter whether other Ger-

01 cnaraci/er

mans would live up to Luther's strength/ bold-
ness, and confidence in God and his cause or
not. Taken altogether, Luther was to become
the model of Protestant Germany. The robust &
by all means unrefined, though by no means un-
educated or unlearnt , atmosphere of the house-
hold of Luther became the model not only of
German vicarages but of ^sxvmxx Middle Class

Germany in general - with all the advantages

but also

xiijst all the great disadvantages such as the

indifference towards things beautiful, the
continuous preparedness to protest, to fight,
taixmaiRiaxiixkxxxiiixBRxaKfltxacKiixjfcaL the lack of
authority with regard to things spiritual and
the respect of authority with regard to things
of this world. Luther was certainly immensely
German, but in turn he made the Germans im-
mensely Lutherlike for many centuries., in a
way similar to the effects that Bismarck's
personality had upon the Germans 350 years

later, when Luther's influence Ja«d slackened.

Luther's cause was a "national" cause. The Germans
began to search the archives to find material
against Rome; they became acquainted with thei
own hapless history of the last 270 years;
the humanists, who first followed Luther be-
cause they too were anti-Roman, but who then
left him with few exceptions when they saw
that he perhaps destroyed more than he could
reconstruct, the humanists profited from this
national enthusiasm and the newly discovered
"Germania** of Tacitus gave new impetuses in
this direction.
And more important than anything else: after
hundreds of years of stuffy narrowness in

, . , German petty-states, of complete and dangerous
which was holding

privacy/af all estates in its paralyzing spell

after centuries of futile struggles and of
princely wars about a cow (the "Kuhkrieg" of
1275 between Liittich and Brabant-Lutzelburg)
after all that there arose in Luther a man who
forced every German to make his decision in a
question which was universalistic, which was
cosmic and refl^rred to heaven and earth alike,
to home and policy, and which aix'ected the
whole world. For a moment the German was in
contact with the universe as well as^this
world. The Scandinavian countries followed the
new doctrine, Switzerland lined up too - al-

"though very soon the differences between Caivi

10

and Luther came more to the fore than what
they had in common - and England likewise
adopted the Reformation, Thus the individual
German, for a moment, could feel himself in
unison with the world facing the same decision
which the world, by and large, faced. And yet,
again the great profusion of great forces
turned out to be futile.

Luther, it is true, was carried by a wave of a re-
ligious enthusiasm which at the same time was
national. But all this enthusiasm could not
have supported him efficiently and even less
so have protected him.

Those who protected him were the German petty-
princes, in the first place Luther's "Landes-
herr" , the elector of Saxony Fred. the V7ise.
Did he protect him because he was so deeply
moved oy Luther's theology or because, indir-
ectly at least, his 5005 relics became worth-
less although they represented 1**5 indulgen-
ces equivalent to 1445 years in purgatory?
The elector protected Luther because he was
his subject and a valuable professor of VVitten
berg whose name was in the mouth of every one.
And the other princes who adopted the Reforma-
tion? They were open to it and receptive for
it, to be sure. But there was the possibility
of secularizing the monasteries and possession
of the Church. In the same year of 1525, when

t
he peasants made their war and Luther wrote

11

against them, the Master of the Teutonic
Knights, /\lbrecht of Brandenburg-Ansbach,
secularized the s^ate and the possessions of
the religious order and made himself the first
Duke of these lands. Other Brandenburg and
Braunschweig Princes became archbishops and
bishops, secularized these ecclesiastical

possessions and thus became, as it were, heirs
^ old

of a no-man's land. Moreover, the r«w reli-
gious tyings wiJkk to Rome being abolished and
the new religion being in need of princely
protection, all this delivered the protestant
Churches to the hands of the princes v^ho in
turn became temporal and spiritual lords of
their subjects. Soon the Prince of Cleve would
declare "Du« Gliviae papa est in territoriis
suis" - 'i^he Jrrince of Cleve is Pope in h±?>
territories. Byzantium, until the present
day is a horror to free countries owing to
its Caesaropapism, to the union of spiritual
and temporal power in the hands of the ruler,
and the same countries, Germany included,
felt an horror for the Papa-Caesarism in Rome.
But never in icixXIxiixiiiMX was there a Byzan-
tine Emperor "^o much absolute Lord of the
Church end never a pox)e so much absolute Lord
of the temporal state, as was every German
prince of Anhalt , Goburg or Brandenburg with
regard to his country - the difference being

On

V this that they laclced the old tradition

12

of symboliMdk forms which ByzantiuEJ and Rome
both, owned. Byzantium and even more so Rome
may have been intolerant in religious matters.
But nothing ever matched the dismal and horror
of that principle which the German princes -
both Catholic and Protestant - established
in 1555, xJiaLlx3f5ixxwdLi«dlxlc which was called
"cuius regie, eius religio" - of w:iom the JLauot
region, of him the religion. That is to say,
the religion of all the subjects depended upon
the religion of the Landesherr: if he was Pro-
testant, the subjects had to become Protestant
and Catholic, if he was Catholic. And if Bran-
denburg kxRSLR± exchanged a territory with
Habsburg, e.g. the Lausitz, then all the sub-
jects hai to change their religion as they
received their ne v/ Landesherr. This is far
remote from what Luther considered Von der
Freiheit eines Christenmenschen and it was
even farer of from what this decree of 1555
pretended to be, namely the Augsburger Reli-
gionsfriede. This Religious Peace bore the
seeds of the Religious War of Y;hich the sur-
prise is that it lasted only 50 years.
Luther cannot be held responsible for the horror
m± and the stupid cunning/brutality of the
decree cuius regio^ eius religio. He was dead
for 9 years, and he was not a man of politics.
And yet, his absolute recognition of the

La

^desherren, on whom he depended, showed the

13

germs of wnat was to come.

For all the enthusiasm of the nation, the Reforma-
tion would have failed without the territorial
prirces. Not only because they could easily
pocket and without waging war the possessions
of the Church; but for their centuries old
policy against the emperor whom they had
elected.

In 1519 f when Luther had his first Disputation at
Leipsic, the electors had elected Charles V,
King of Spain, iuragon -e Castile, and Duke of

Burfn^mdy and the Netherlands, as a Habsburg

soon
by that time Duke of Austria, King of Bohemia,

of Hungary, Duke of Silesia, Moravia, Styria,

Carinthia, the Tyrol, Alsatia, and Lord of tkm

Btflocxilflcriji Luxembourg, Brabant , Hainaut ,Artois,

Flanders, Holland and G-eldern, and of the

whole New World as far as it was discovered*

The princes did not elect him for his power, i^lien

the Spanish Handsalben did not arrive in time.

King
they were about to elect Francis I of France,

whose money had the shorter way. But the Span-
ish money, when it arrived, outdid the French;
and after all, 19 years old Charles was a
grandson of the Emperor IilaxiiTiilian, who him-
self had married Mary of Burgundy, the richest
heiress of Europe, and wnose son the beautiful
Philip, had married lOLxyxjfyJtrggMs Jusma of
Spain, to engender Charles, the only Genan

Emperor that to my opinion matches the Hohenst,

15 X
I have discussed the other day the Augsbur^er
Religionsfrieden of 1555 with its horrible
Statute of cuius regio, eius religio, by which
religion officially had become an issue of the
territorial petty-prince. The Pajuitine Count
Ottheinrich even went t-kS? far as to declare:
"Lie Religion ist das hbchste Regal der Flirsten*'

Religion is the supreme royalty of princes -
something to be ex loited like a mining royalty,
a minting royalty or a salt monopoly. The Byzan-
time Emperors or the Roman Popes might had done
similar things - they actuaixy did not - but
then it would have served to the establishment
of a world order, whereas in Germany it depended
upon the political usefullnes and quite personal
profitableness of a 1000-acres princelet in what
way, uniformly, the souls of his subjects should

be shapedv
It must be empnasized that Luther himself cannot
be held responsible for the stupid-cunning brut-
ality or the Nazi-like horror of the Religious
Peace of Augsburg. For he was dead for 9 years
by that times. And yet, Luther's dependency of
those Landesherren and his recognition of their
power contains all the germs of what was to un-
fold later on.

a

I mentioned that for all the enthusiasm of nation,
which as yet was ignorant of its being deceived
and cheated, the Reformation would have failed
without the support of the territorial princes.

14

The main reason of their support of Luther

wa

not even the secularization of the ecclesiastical-
property by means of which they grew rich. The
main reason was their opposition against the
excessive power accumulated in the hands of the
House of Habsburg which had become the German
imperial house,
This power, indeed, was enormous. In 1519, the

electors had elected Charles V, the son of Emp.

"Kiev's'.' 1^ U' "• ">■• • •

Maximilian. This prince was King of Spain, i.e.
Aragon plus Castile, and through his grand-
mother Mary of Burgundy Lord of Burgundy, of
Luxemboiirg, Brabant ,Hainaut,Artois, Flanders,
Holland, and Gelders; he was Lord of the New^
World as far as it was discovered; he was duke
of Austria, Silesia, Moravia, Carinthia ,Styria,
the Tyrol, Alsatia; and he could expect the
crowns of Bohemia and Hungary, which actually
fell in 1526 to the House of Hapsburg.
The princes did not "elect him, for his power, but
in spite of his power. They had thought of elec-
ting Francis I of France, and they were bribed
from both sides, French and Spanish.
To check the too great power of the 19 years old
Hapsburg as well as in pursuit of former pro-
grams of a reform of the Reich and its non-
existent constitution they tried to impose upon
Charles a princely •'Reichsregiment" , a supreme
magistracy of the Reich. Charles squirmed, and

f *
^nally achieved that this permanent conseil

/

/

15
was to be put to action only when the emperor

was absent. On the other hand he doubled the
power of Habsburg in designating his brother
Ferdiaand I as regent aautxKtia^xaf of the German
Habsburg possessions with the title of King of
the Romans,^ ' ^^^^'

For two centuries the German princes were to fight
against the power of Habsburg, «ftd ly^hen Charles
V proved to be pro-Catholic and ant-Luther it
was the so to speak natural development that the
political opposition became also the religious
opposition, that the anti-Habsburg princes em-
braced the Reformation. Reformation and petty-
princes who opposed Habsburg were thus inseparab
ly entangled with respect to their interests.
Moreover, the fact that Charles V was Catholic
and that his adversaries became Protestants
entailed the religious disunity of Germany.
Instead of becoming either quite Protestant or
remaining entirely Catholic, Germany was split;
and to the hundreds of splits disintegrating
the Reich there now accrst^d the most dangerous
split, that of religion.
It is of course impossible to make Charles V respon
sible for this development. It is the almost
tragic fate of Gcrijiany that after a long series

of mediocre emperors a man should rulex over her

^ rep:r^s®^ted

who really was a personality and who again teat

cosmopolitain points of view such as no emperor
after Frederick II had showed.

16

/

/

As a cosmopolitain and as the ruler of a world-
empire within which Germany was but one chessman
- and nit the most important one - fee could not
be anything but Catholic, even if this had not

agreed with the feelings of the Spaniaafd-Wraxlesi

German
anyhow. For the sake of a handful of princes

he could not jeopardize his Spanish and Oversea
possessions nor his position as champion of
Xianity in the wars against the Turos nor his
position as King of Naples and Sicily.
|In addition to that it was the catastrophe that
Charles was involved in wars with Francis I of
France who had conquered Milan 6b Lombardy, terri
tories belonging to the Empire and at the same
time territories which blocked the way to the
Spanish Kingdom of the two Sicilies. Also the
Papal States blocked this land-bridge. For years
Charles was absent from Germany; and instead of
crushing Luther and the Reformation, Charles
waged his foreign wars and allowed the fire to
grow. When he finally turned back to Germany to
quell the Reformation it was too late. Victories
o^er the Protestant League of Schmalkalden were
followed by reverses. France, while persecuting
her Protestants, the Hugmenots, cooperated with
the German Protestantx Princes against Charles.
After a defeat or aua£JSCxx±jKsx unsuccessful cam-
paign against against Metz, then occupied by
France, Charles was disgusted/and red up. He

^ay down the crowns of the world and retired to

the Spanish monastery of San Just (1556) where
he died two years later one of his great pleas-
ures being the fat Flandrish Rex Souls which
were shipped on ice from Flanders to Spain, and
which he ate in the morning for breakfast.
Charles V is the last great German Emperor, and if
the Germans dislike him, styling him a Spaniard
and un-German, they are probably right. Otto III
is styled a Greek and Frederick II a Sicilian.
In fact, the family-tree of Charles Y is one of
the most interesting pedigrees one can imagine,

and there are several studies or even books

his parents Habsbiirg and Spanish. Throug
written about it. Through/nis granfl iOther Mary^^

of Burgundy, daughter of Charles the Bold, he

was York and Valois, while Charles the Bold's

and G-^-iftmoth- Dutch
mother was Isabella of Portugal; from his father

side he was Habsburg with Portugeese, Slavic,
and Italian (Visconti) blood. It v/ould be diffi-
cult to have him correctly filed even by a
trained U.S. Army Registrar. He was a cosmopol-
itain in every respect, but his feelings were
Burgundian in the very first place, and the . .
grandezza of the Spanish Court . derives in fact
from the Burgundy of Philip the Good, Charles
the Bold's father. Never did Charles V omit to
wear the Kkacfcn Order of the Golden Fleece, found
ed by Philip the Good, the most distinguished
of all orders. And his trends of tkUM^kl wishes
were likewise Burgundian. His hostility against

France is a Burgundian legacy as well as his

/

18
artistic delights. Tizian has painted him time

and again, and it is significant of Charles'
and gentleman like educatioii ^
reverence for the artist/that , when Tizian once

dropped his brush the emperor of two worlds
stooped to pick it up. It was the attitude of
a true Renaissance-Prince. He was Catholic, but
this did not stop him to be critical toward the

Church, to have his armies conquer the Papal

04- i -■ put siege to

States, and 4«xkatY« Pope Clemt VII, the Medici

Pope, k«±Ka[«M«x«i in the Castle Sant'Angelo
(followed by the sacco di Roma, 1527). In return
Clement VII crowned him Emperor at Bologna
where the polite Medici Pope apologized to 'the
»»xi«xaxpai±t« Emperor for asking him to kiss
his feet, which the no less polite Emperor did.
Charles V had "style", the style of a great gentle
^man, and in this he was the opposite to Lut'her
whose power is the breaking of forms. Unfortuna-
tely it was not Charles V who became the model
of Germany,

Charles was the inaugizrator of the Council of
Trent o, and thus indirectly the inaugurator also
of the Counter-Reformation, whose champion was
llgnatius Of Loyla, a Spaniard like Charles him-
•^ What the council of Trento meant to the
Church, is not here the place to discuss, it
destroyed almost the x«a mediaeval and antic
roots of the Church. Christian church «, no
longer was synonymous with Roman Church and
Roman no Ion

Ser synonymous with universal,

I

19
whatever the papal claims may have been. The

Church became a Catholic Church, and the word
^^ Catholic became for half of Europe the name
of a religious party.

The reformation forced the old mediaeval Church
to reform itself from top to bottom. The new
fighting spirit was instilled into the new re-
actionary Church by the Jesuites who mastered

the council of Trento, Doctrines and dogmas

not
which hitherto it had proved tm necessary to de-
fine, were now strictly organized, and while
hitherto individual freedoms were left to the
individual churches with individual customs,
the Church now became uniform such as it never
had been before. After the gay life at the Roman
court under the Borgia, della Rovere, and Medici
popes, a new spirit spreads in Rome, of which
the Cardinal Carlo Borromeo is the model and of
which Pius V, leading the life of a saint, and
the Boncompgani Pope Gregory XIII are the exe-
cutors. It was then that the nakedness of the
greek Bronces and Roman marbles wlSi covered
with the famous fig-leaves and that Michelange-
lo's naked figures kxAxjfcB received their hover-
ing veils - just as in piiritan England the scan-
dalous parts of dancing sfityrs, represented on
Greek vases were ielicately blackened.
However this may be, the Churoh assembled her
forces, reorganized and unified them and was
soon able to lead them to a counter-attack. But

/

/

20
in so doing, the Church after Trento lost its

former nonchalance, its naturalness and its
undisputed ^joise, so much so that to-day all
the vital forces within the Church are trying
to undo the fetters and faults of the Counter-
Reformatory Church and to lead back again to the
spirit of the earlie periods.
As far as Germany is concerned the torn condition
of the country was worse than ever before. With
her 350 sovereigns, whose possessions were not
coherent territories, the German map may have
showed more than 2000 dots of different colours,
supreseded by now by a black and white (protest,
cathol.) chessboard of completely disorganized

squares.

Not even the principle of cuius regie eius rel-
i^io was observed. It had been undermined in so
far as the subjects of Catholic princes of the
Church were allowed to remain Protestants pro-
vided that they were Lutherans. But this reser-
vation was not applicable to the protestant non-
conformists, the so-called Reformigrte as oppos-
ed to Lutherans and to the adherents of Calvin

and Zwingli.

The differences of doctrine and dogma between
Arianism and Athanasianism on the Council of
Nicaea, though to many people of litde interest
to-day, at least referred to the world church
of a world empire. The antinomies within Pro-
testantism, developping after the drafting of

PI

/

/

of Luther's doctrine in the Confession of Augs-
burg in 1550 - editorialized by Melanchton - ,
were, so to speak, gales and sea-quakes in a
tumbler and of no relevance whatever to our time.
And yet these theological struggles between
Harm Sperintendenten Pfeffinger aus Leipzig
and the radical Flacius Illyricus about the
place and meaning of the original sin, whether
or not this be man's substance, or the quarrels

j about whether or not this or that institute of
the Catholic Church was to be preserved or
abolished - all this brought about a split in
the front of the Protestants.

It is obvious that the problem of the original sin
became essential. It is indispensable because

, without it salvation became unnecessary. The
mediaeval Church, through its sacraments, had
been the universal institute of salvation, tkK
]^filcsxtaLnl operating through the mediation of x
the priest. The Protestant, denying priestly
mediatorship, had to rely upon self -salvation,
while his church became an institute of edifica-
tion rather than of salvation. The feeling of
guilt deriving from the original sin had been
taken relatively easy by Luther and therewith
the problem of salvation. Calvin, on the other
hand, had deepened the feeling of guilt and had
therewith increased the stern necessity of self-
salvation.

Ho

^«ver, this may be, between Lutherans and the

/

22
other reformed groups a chasm DoixxajLKJUKflt became
visible, which was of course to the advantage of
the Catholic counter-reformation, whose forces
were considerably increased when with Rudolf II
(1576-1612) a Jesuit Emperor achieved the Habs-

burg throne.

The Protestants tried to rally; but German peace^
and Concords usually bring about a new rift.
Their Religionsfriede of 1555 meant eternaliza-
tion of the feud between Catholics and Protest-
ants. When they brought about, in 1577, the
so-called Concordienf ormel, which was to define
the Lutheran points of view, this formula of
concord brought about a new rift within the
Lutheran camp. And on top of all that, Pope
Gregory XIII irtroduced his new (Gregorian)
kalendar, according to which suddenly 10 days
had to be shipped (difference between Russia &
West). Now there were suddenly two calendars in
Germany, one valid in the Protestant territories
the other in the Catholic.
There was almost no excuse for not having a civil
war. In 1608 the Protestants, though without
Saxony and others, form the Protestant Union
under the leadership of the Elector Palatine
Frederick IV, a Wittelsbach. In 1609 the Catho-
lics form the Catholic League under Maximilian
of Bavaria, likewise a Wittelsbach.
From 1609-1614 ther is a war of succession

between BrandenDurg and a ^ vv^^s^.t^^'v^^.nf

Mother Count Palatine

23

about the duchies of Julich, Cleve, Berg etc.

situated on the lower Rhine. To Qet the support

the
of Holland and Henry IV of France, Brandenburg

elector becomes a reformed Protestant, whereupon

the Reformed Count Palatine becomes Catholic to

get the support of the Catholic League and Spain.

France and Holland are thus lining up against

— I ^ Hapyp

Spain, wtille petty-quairels of German princes

form these fronts. Everything was set for a war
by 1610. It did not break out because Henry IV
was murdered and the Queen, Maria Medici, regent
for the infant Louis XIII, was pro-Habsburg, an
attitude of France which v;as changed only when
Cardianl Richelieu, in 1624, became the master
of French politics.
However, by 1618, the war broke out. It broke out
in Bohemia, where Protestant noblemen threw the
imperial catholic governors with their secretary
out of the windows of the castle in Prague and
elected the protestant Count Palatine, leader of
the Protestant Union, their king.

This is the beginning of the 30 Years War.

Thirty ^ears ^i/ar.

p"

T wanted to discuss today the 30 Y.W. - not its
military side of course, but some of its high-
lights illustrative for German History.
It began as a war for the crown of Bohemia which
"the Protestants had given to the protestant
Count Palatine. Thus, the first phase may be
called the Bohemian-I'alat ine war. It is hardly
a reli^'ious war, for the Lutheran elector of
Saxony has lined up with Habsbiir^-Austria, Spain
and Bavaria. And this coalition succeeds in
knocking out the Palatine Kingship of Bohemia
and in the conquest of the Palatinate, the
latter carried through by the imperial General
Tilly, who occupies the country with Spanish
troups. The Protestant UITION dissolves and the
war seemed to finished by 1623*
Now however foreign powers interfere. Dane mark,
a protestant country, cannot suffer the abolish-
ment of Protestantism through the Counter-Ref .
Supported by the Protestant ITetherlands, which
are against Spanish tro^ips on the Rhine, and by
England, she begins the war against the Catholics.
This is the second phase, the Danish V/ar,xjt
1625-1629, in which the Imperial General
V/allenstein, Duke of Friedland, has command of
the Catholic armies. He defeats the Danish King
near Braunschweig, and then marches to occupy
Holstein, Schleswig, Jutland, and also Mecklen-

^ and Pomsrania, while on© of his o'enerals

2

/

tries to establish a link with the ¥atholic Poles,
who then v/ere in Western Prussia, in Danzig.
Onc3 more the war seems to have come to end.
In 1629 peace is 2iaii« nef:otiated at Lubeck bet-
ween Habsburg and Daneriark, While Wallenstein
has great plans of establishing Habsburg on the
Baltic Sea or even combine Pomerania v/ith Spain.
In the peace of Lubeck Habsburg went too far.
Edict of Restitution:
The Prot. have to return to the Ch-orch all
the eccles. possessions occupied during the Re-
formation. This refers to two archbishoprics
(Magdeburg and Bremen) and 12 bishoprics, not
to mention innumerable monasteries 6c other
institutions. Furthermore, only the Lutherans
were to be recognized, all the other sects -
inclurling the Reformed - were to return to the
Catholic Church.

The Emperor Ferd.II and Habsburg on the climax
of their power. But claims went too far. Now
Sweden felt endangered through a Habsburg Baltic
Sea, and Gustavus Adolphus steps on the scene.
There begins the third phase, the Swedish >t'ar

(1630-1655).

His reasons for interfereing are political not
really religious^ despite ef fluLl .Ad.Ve.' sl?ve/}-
Habsburg lined up v;ith Poland as well as Kaps-
biirg mastering the Baltic Sea represent a con-
tinuous threat to Sweden.

Nevertheless, his intervention meant the resiir-
rection of defeated Protestantism.
Difficult to lender St and why only GAd saviour of
Prot. XKfltxxkyxRfii (GAd.Vcreine) For the true sav-
iour of Prot. is Richelieu who entered upon an
alliance with Prot. Sweden and laxxtkK provided
the subsidies for GAdolphus (V/hy not HichelJeu
Vfjreine?). GAd. begins to sweep throu^-h Germany
( Schwedentrunk) . He marches conquering through
Saxony, Thuringia and Franconia. His plans are
excessive. He thinks of sharing Germany with
Hapsburg. A Partition of Germany in a Catholic
part under Hapsburg, and a Swedish part under
G.Ad. The Protestant princes would have had
a power to fall back to as the Catholic had
one in Habsburg. Eut in the battle of Llitzen
1632 GAd is killed though the battle was won
by his generals. The war drags on for other
two years. Then the Souther German Protest.
princes seek the support of France. There begins
the fourth phase, the Swedish-French War Id 5'^- ^^
against Habsburg. France visualizes danger
of S^xxxxfc Habsburgs on the Rhine, in N.Italy,
and in Spain, of Spanish troups on the Rine.
Two excellent French generals, Turenne and
the Grand Conde, conquer the Rhine land: V/orms ,
Mainz, Bingen, and march deep into Eavaria.
At the same time the Swedes amuse themselves
in Bohemia and march off to liavaria where they
join the French.

6 <^i

Peace of %estphali= - a catastrophe, for G-rmany

^■■iSen: icncrania and Lishoprics of Bremen 4

Verden as duchies.
France: Metz, Toul and Verdun, which had been
occupied already in times of Charles V (1552)
and greater ; -rt of il?atia, ivithout
Strassburg; bridgeheads on ri-ht banJc of
Rhine: Preisach a.o.
*KnsEx£iixzaxvjc«t All sorts of territorial
changes among Gerxan Princes which don't reed
to bother us here. But the rrain thing that they
now receive officialy, nanely the right to con-
tract alliances with foreig^^ p^^^^ (Superiori-
tas territorialis), absolute sovereignty.

Netherlands recognized as independent trm and
thus break away from Empire.
Switzerland likewise independent.

tefore lt.48, peace of Westphalia)
Ecclesiastical possessions: arjius normalis -

the deadline is the status of 1624.
Francs and Sweden ^arant.rsX of the peace. Their
troupes re-nain in Qerz^r.y until 1650, -^.til war
contribution payed to Sweden (4 ^Cillion dollars)

This verj.' much because country empoverished.

The results of the 30 Years War were a devastate r\
Country. But it is an exagc>aration to say that
it took 200 years for Germ, to recover from
these blows. The population was decimated, but
.ine exact loss oi inhabitants is difficult to
be gauged. The basis for such a statistic is
the registers of the cities as far as they have
been preserved. And these registers do not show
the correct situation because the flight from
the flat land to the cities and innumerable
migrations within the country falsify the true
image. Occasionally, hov/ever, we find some
figures, ^e learn, e.g., that in the Palatinate
505^ of the agricultural households had disappear-
ed, and that by 1653 still 3500 acres of vineyardl-
and lOooo acres of land were untilled and lay
fallow. And a loss of 50?^ of the lives may have
been a very usual figure in many districts.

Another feature is the low of the cities in
general. Traffic and commerce had ceased to
exist for many a place and in many a region.
The craftsmen were without occupcition, which
again led tke gilds to a severe control of labor.
The gilds, formarly an element of liberation and
democracy, now became ^x burden, encroaching upon

oc the individual members & doing nothing but
controlling personal affairs. They produced the
Spiesser.

Intellectual life was at an end. The thin dis-
putes of Protestant theologians were nothing but

\^

dead letters./ Poetry, however, which ever since
the Minnesinger had been poorer in Germany than
in any other country of Europe, (the Germans

like to forget that) begins to revive. How-
ever, except for Paul Gerhardt, a poet of reli-
gious hymns, and the as yet still bony schools
of poetry in Nurnberg and in Silesia, there is
only one name to be remembered: grimmelshausen,
whose Simpl.Simpl. is a German Rabelais (Garg.)
It is a very German product while in most of the

^ other ranges of life

of a Germany that had lost^its own form, the
forms of life of other countries become authori-
tative and are copied, above all of France, who
then was at her very best under Louis XIV.

(1643-1715).

^ ^ i? ranee's

Germany became the playground of luui diplomats
and the paradeground of his armies. A net of
alliances with Sweden, Poland, and the Turks

kept Germany paralyzed, while ±m the French

m the West
armies occupied place after place. iVithin Germ-
any he created, in 1658, for the first time a
Rhinebund of anti-Habsburg Western princes
Mainz, Cologne, Palatine, Hesse-Cassel, Brunswick)

In 1667 attack on Spna.Netherl. , occupies 12
fortresses on front ier, Brandenb. sup-
ports Netherl.
1670 Lotharingia occupied, ^nd Sweden
1672 together with England/]; ./. Holland) against
Holland ( Brdb . -i-Emperor )

1675 Fehrbellin

1878-9 bad peace at iJyrawegoBi.

Chambers of Reunion, 1680. Investigate what had

ever belonged to France. 1681 occupation of

Strasburg within peaceful period. 83 Vienna.

1688-97 Robberwar against palatinate. Me lac
destroys Heidelberg Castle. Scorched
earth po-licy.

But I do not want to continue this general Germ-
an history which leads to nothing, and prefer
to switch to the History of the Hohenzollern in
Brandenburg and jb^russia.

The Hohenzollern, a family known since the 11th
century, came from Nurnberg where they had been
Burggrafen. They are divided in twA lines by
13th century - one at Sigmaringen-Hechingen
which iremained Catholic; the other that became

evtl.i^ro test ant held Ansbach-Bayreuth. This
latter line is invested with the Mark Brandenb.
in 1415. They have nothing whatever to do v/ith
iXiiSsia, where the Teut.Kn.had established their
very strange state, depending equally upon
Empire and Church and therefore in fact on none.
They introduced the law of IJagdeburg, collabora-
ted with the Hansa, and occupied finally the
whole territory of Kur land, Liv land, Est land. They
were ruled by their Hochmeister, who since 1309
resided in Marienbmrg. ^^hen Poland united with
Lithuania in 1386 and formed a great power, the
knights were doomed. 1410 defeated at Tanneberg;
nobility and cities against Landesherrn and coop
erate with Poles. By 1466 they have lost every-
thing ( incl. wfestjrrussia & Danzig) except EastPr.

/

In Reformation, by 1525, EastPr. ceases to be

privileged as an eccles. state; it becomes a

secular duchy under the feudal overlordship of

Poland with the last Hoohmeister, Albr.of Br.,

as first uuke. But the elector of Brand, foraini

was co-invested; and by a later marriage Prussia

comes to Brandenburg, in 1618, at the beginning

of 30 Zears V^ar. Preceding the 50rw Brandenb.had

acquired the Rhenish possessions: Cleve Mark &

Ravensberg.

Hence, by the time of the end of the 30!^ V/ and the

1648
Peace of Westphalia, Brandenburg has 3 main

portions of land in Germany:

Brandenbxirg, East-Prussia, Rhenish possess.
And she also claims, deritying from inheritance,
pt Pomerania. But here the Swedes had their

foothold, which drove Brandenburg in ^he arms

of Habsburg against Sweden.

This was the politico-territorial situation when
Frederick William , XKOPRXMfltxtkKxSxajajtxEiJiJtlMCiiP
began to rule: i^toiaS 1640-1588.
He has been surnamed the Grand Elector and he
together with Frederick William I, his grand-
son, and Frederick the Great, his great-gr.son,

are known as the "Three great Hohenzollern" ,
and rightly so within their limitation.
We to-day have the idea that the Hohenz. are
completely uneducated owing to the caricature
which this country has made of William II.

-na

The judgment is not even true with reference
to /i/illiam II, who was anything bi^t atupid or
uneducated: he was superficial a^ h» whole

epoch was. and it is even leas tj^e with re-
ference to the Grand Elector /Heyfpoke French,
Dutch and Polish fluently, jf4s Jb^nd of Latin,
Mathematics and history, /xvd. rioelved. the last
touch in the NetherlandVwher/ he styed as a
"Kurprinz" for four yafers. pjL his almost-contemp
orary Peter the Grea/, he v^s greatly influenced
by the Lutch civilir^ationy Catholic princes
might had gone fo/ theirylducation to home or
Paris. For Protestant jp^nces Holland, then at

her height (/Colonies /^avig'at ion Act 51), was

the place/to get moa^ universal outlooks.
As far as Fr.W. is concerned this Dutch influena
is noticeable until ^fer^f late times. Through
Pomerania there was an outlet to the bea. Habsbg
even thought of making Brandex.burg "Heichsadmi-
ral" with an i^dmiralty centering in Gluckstadt
in Hoist ein. This did not materialize. But in
the l670ies he asked a Dutch friend of his ta,
Benjamin Raule, to come to Brand, and organize
a Brandenbg Navy. This the latter did and for

some time there existed really a Navy under
the red eafle consisting of a few former Spanish
Battleships and some 30 mercantile vessels with
which a colony was founded An the Guinea-Coast
in i,7est Africa. Anji /\frican Trade Comp. was

/

r-

g

established with a capital of 5O000 Dollars
and the shareholders were the elector and most
of his courtiers and higher officials. Gold,

ivory, ostrich feathers asf. v^ere imported. tajt
iyh^ f ortress-tGrossf riedrichsbxirg j- protected the
colony, which hov/ever went bankrupt when Raule
died, and Fred.7/ill.I, being interested in his
ilig soldiers, considered the whole business as
a chimara and sold this first German Colony in
1721. Unimportant in itself, it illustrates the
fact that the Hohenzollern was not quite blind
with respect to colonies; and that he had learnt
something in the Netherlands. Later Proga^g^adai
In the Netherlands he was furthermore
deeply impreijt>ea by tne wraiixeii-ijrxiic;es>, wxio

xJLVeu Xli a OOxiOXii^xOUo vvciX <A^cXJ,iii:>\* wcitXiOxJ.0 i.Aap;9—

Di>Ug, Ue-Lll^ OlieUiOfeXVttO wCiXW j.il J-O 00 C -A^Ci C U 4.J^ tio

the jJraiiueiiuujL^ exeO^^Or ¥vcio.

His foreign policy began with Hapsburg ^'' ^
against Sueden aVid France. But the futility of

«^i»»i^i

his victories over Sweden owing to the defeats
' ' of Habsburg made him change the parties. He

lined up with Louis XIV.XJutxdixfgiaitKijcxtfflxktxx
^±^KJLXsL^a, He wavered betv/een the two pov^/ers,
but finally tried to keep out of the whole
" b..siness, as far as possible, and to concentra'
^ in his own problems. In 1685 he broke v/ith

France vyaen Lonis abolished the Edict of Nantes
and extolled the liu^nienota. ihw elector op^^u^i

his countries wiue to oae trench refugees, uome
iiuooo came to nxa coun^r^, atbraoueu oy guou
econoidj-c; yonaj.»-i.oua. xne^. nacL to pay no taxes
uuriug ouei ixxJiJt years, supported thea finan-
cially, gave , rivileges for the establishment
of their industries - in short, every Prusiaian
Hnd Brand. ciUy froa Kbnij;si>«rs to Cleve had
its French coioxiies, and in Beln. the French
Gathedrale and French Gymnasium iio back to these
days, though buildiiios are later. In sooiui,
intellectual and artistic life these French
elements .vere of ijreat importance. The de-rprov-
ii'iciukli^ed

Stiinde: «rmy: 530.000 Toiler aiuiually.
started with 8000 ai«xi, fiiially 30ooo.
Colonels.

I

8a

/

In spite of that, his foreign policy
was linked with Habsburg because he had to
defend himself against Sueden. This made him
an enemy of France as well. But JcksExfiaJtiii-
^jtXKjK his very remarkable victories over
the Swedes - Fehrbellin in 1675 allowed him
to occupy Poraerania - turned out to be
futile because Habsburg lost the w-ir against
France, and henceforth the elector lined up
with Louis XIV. He wavered between the two
possibilities, and shortly before his death
he broke with ijouis XIV when the latter
abolished the Edict of Nantes and expelled
the Huguenots.

The elector opened his country wide to
the French refugees. Some 20.000 then came
to his country, attracted by good economic
conditions and special privileges as to
taxes and establishmants of industries.
Every Prussian and Brandenburg city, from
Kgsberg to Cleve, had its French colony; and
in Berlin the French Cathedrale and French
Gymnasium go back to those days, though the
buildings are of a later date. In social,
intellectual and artistic life these French
men and the whole French atmosphere were of
great importance. They de-provincialized
Prussia-Brandenburg to some extent.

I mentioned the wavering of the elector

between France and Habsburg. What he tried

/

to do was to keep out of the European affair^^
as much as possible, to remain independent
and not to enter any alliances which did not
pay. He realized that the only way of keep-
ing out of the system of alliances was to
be militarilly strong enough to be left alone.

Thus, the great elector began to build up an
army. vlHien he started there was a troup of
8000 raenj when he died there were 30.000,
a respectable number for the small country.

The trouble was to raise the money. The estates
were against the expenses and the fight of
the Prussian rulers against the representat-
ives began here. Finally he got 550.000
Dollars annually, which however was not atioa
enough, 5^kK:cxyxi«ixixl]aKKxw5ixxi:k5clxafxthK and
he had to rely on the subsidies from his
allies.

An army in the later Prussian sense his
troup cannot be called. Colonels hired pri-
vately a regiment and received certain sums
from the head of the state. Within the regi-
ment the colonel was fully authoritative

and no prince or elector could interfere

of a regiment
with the internal issues/such as nominating

officers and other things.

All this changed, however, when the

grand elector's grandson, Frederick willian

I, achieved the throne in 1713 (to 174o).

10

/

Of all that we call the Prussian State, Fr.W.I is
the true creator. There is uot one spectac-
^ ular date in the 27 years of his government,
no battle, no glory. It is the oddest thing
that the creator of the German-Prussian
military power never went to v/ar and that
he prudently remained peaceful while all the
others struggled. Occasionally it would itch
him to go to war, only in order to see
whether his methods of drilling would prove
to be correct. But then again he refrained
from armed interventions and returned to
the paradeground to inspect his guards.
The whole administrative problem which j?'r«V.
faced is told when mentioning that the
little country of 2.5 million inhabitants
had to feed a peacetime army of 85.ooo men,
and that at the same time the king handed
over to his son a country which had not a
penny of debts - though it had debts when
Fr.W. started - and in addition a treasure
of 10 Million dollars in gold, deposed in
barrels in the cellar of the royal palace
in Berlin.

[JJ

/

Teutonic Knifehts>

I started to discuss the Teutonic Knights and
there coniiuest of Prussia and the Baltic
regions. And I mentioned that when Poland
united with Lithuania in 1386, the state of
the knights was doomed. By 1466 they had
lost everything except East Prussia, which
kjtcame likewise under the feudal overlord-
ship of Poland.

In the Reformation, by 1525, East Prussia
ceases to be an ecclesiastical terrirory.
It becomes a secular duchy under the feudal
sovereignty of Poland, v/hile the Order's
last Hochmeister, Albrecht of Brandenburg,
becomes its first Duke. But the elector of
Brandenburg was co-invested, and thus their
developed that prospect of union of Prussia
with Brandenburg, which was effectuated,
as usually in those times by marriage, in

1618.

This is the way how the Hohenzollern Dynast
came to Prussia, perhaps 'the most portent ou
^x.SJi.tsL&JilLtM,l coincidence and most ominous
play of the Fates in modern history.
It is wo-rth while casting a glance at the state
of the Teutonic knights.
They had one thing in common with the monks:
the three vows of poverty, chastity, and
obedience. But while the idea of monasti-

^ism originally was this that the individual

u

/

was to achieve its transcenofeatal perfection
as individual, /remot ion and seclusion and
far from the tribulations of the world,
the knights appeared as a collectivity
within which the fate of the individual and
his individual perfection was almost a
matter of indifference provided that the
corporation, the total, the Order flourished
And meditation was replaced by activity in
this world.

The knights had no cells like the monks; the;^
cells were se/i(parated onlj by an iron
netting. They eat from one dish, they sleep
in one great hall which is permanently lit
up. Their "unif ormitas" , outlined already
in Fred.'s II charter, became almost pro-
verbial. As an order, they formed at the
same time ax state of officials - learned
officials - similar to the Sicilian state
of Fred. II at a time when this was as yet
not thegeneral custom. Their fortresses are
built according to the same general blue-
print, rational, quadrangular, wery im-
posing buildings, among which only the
Marienburg mi&ES^an exception, the resi-
dence of the Grand Master, built in a beau-
tiful though cold Gothic style, of briks.

The Grand iviaster is not a real monarch. He is
elected for a certain period, which varies,

and his decisions are bound to the decision

/

of the whole community of knights. He is
responsible to the collectivity of knights
and can be deposed. Moreover, all the offi-
ces, that of chamberlain and treasiirer and
provincial captains, were continuously
surveyed by a system of mutual duties of
laying account. There has never been any-
thing so democratic as the community of
these noblemen.

They conquered the provinces. But the conquests
are immediately stabilized by col mists
which they attract from Germany, aristocart::
and citizens and peasants alike. They
suppress the language of the conquered
Pruzi, make them unfree as usual with
conquered, and force them into organisation
of the defense of the country (Landwehr).

Purposely and cleverly they balance the various
estates within their country. They give
freedoms to the flourishing cities such as
Konigsberg, Riga, Reval, Dorpat , i^emel asf.
But they do not release them from the cont-
rol of the Order. They allow the peasants
to preserve their rights against the nobi-
lity, and give the subjected Prussians as
laborers to the owners of great estates.
The clergy is free to act on its own. Their
methods of accounting and admins it ring the
country are exemplary. They unify for a

relatively great dominion coinage and

weights and measures and law, without allow
ing underminings or perforations by indivi-
dual privileges such as was the custom in
the Alt-Reich. They give loans without in-
terest to cities in case of emergency. TheiA
commerce, through the collaboration with

the Hanse, is extensive and considerable;

pure
they retrain from banking business by which

the Knights Templars had grown rich tnly to
be destroyed by the greed of France's
Philipp the Bel in 1312. They have agents
in other countries; they have an organised
staff of economical assistants. Everything
is rat ionized, v;ell organized, and in the
tx3iKXxia±x period of the Order's heyday
without reproach.

Corruption within the Teutonic Order was
never as great as it was with the Templars,
Their richess was not that great, their
temptations were not so great. But on the
other hand, never did the Teutonic Knights
inspire tale or legend, or song and art with
the glory and mystery that surround the
heroes of the temple, the fabulous secret
guardians of the holy Grail. The Teutonic
knights are to a surprising extent without
myth, rare in those days; and they themsel-
ves, though educated as clerics would be,
display a great aloofness of everything

Connected with literature, poetry, & song.

It suffices them to be :-. militar brother-

ft

hood, organizers, administrators, and good
econoiijists.

^tkm What they act for is difficult to tell.
They serve their God, but this is not their
ultiimate goal. They spread civilization;
but this is not in the sense of a missiona-
ry task. They fight; but not for the pastio
of fight and conquest. Their ultimate goal
is strangely abstract and supra-personal:
it is the commujiity, the corporation, the
i^emeinschaft which all of them serve with-
out asking for what purpose. It is a
severe suprapersonal interest of the state
which they serve iripresonally and regard-
less of the individual.
Frederick William, the Grand elector.

With this strangest of all E'oropean States
the house Ho:.ensollem is lined up by 1616,
at the outbreak of the 30 Years War.
Brandenburg's possessions were spread over the
whole Reich. The centre, of course, was in
the Mark. They had acquired prospects /on
the Archbishopric L/lagdebiirg, and others,
by law of inheritance, on ^oemerania -
which made then the adversaries of Sweden.
They had their possessions on the lower
Rhine - Cleve Lerg & Mark - v,hich lined the
5
randenburg policy up with the Protestant

Netherlands, and which determined the
early Hohenzollerns to "become Calvinists,
though their subjects remained Lutherans.
And then they had Prussia.
Ihis was the politico-territorial situation
when Frederick William began to rule:
1640-1688.
Tie has "been surnaiDed the Grand Elector, and

rightly so. lbt:^x

He begins tne
a flight
flight to the heights of his house/which

ends with Frederick the Great in 1786,
covering a space of time of 140, say 150
years. The Son of the Great Elector,
Frederick I (1688-1713) - as elector FR.Ill
does not quite belong into this lineare.
He is different from the others, vain-
glorious, uneconomical, however more inter-
ested in arts and letters than his father
and Dv all means than his son, a prodigal
who made Schliiter build the Berlin ralace,
and who made Prussia a kingdom, a kingdom
not within the borders of the Reich, a
sovereignty to which Poland had to consent,
but a title which the emperor had to
approve of. However, since Jan. 18, If 01,
there was a Kingdom of Irussia, the King
being crowned at Kgsherg, and creatirig the

Ordre of the Black Lagle, which was to be

Droad _ ^ . , -u • u «.+

with its orange xxtMLM riDbon the highest

decoration of Prussia and tnl Empire.

t"

7
If we skip Frederick I, the so-called three

great Hohenzollern are the Grand-Elector,
3^is grandson Fred, W, I (1713-1740) and the
letter's son Fred, II (1740-86).
Let us quicivly examine the characters of the
great Hohenzollerm.
We to-day have the idea that this house was
completely uneducated, largely due to the
insipid caricature which this and other
countries have made of ^^illiam II. That
jud^ent is not even true with reference
to wf'illiam II, who was anything but stupid
or uneducated: he was superficial and this
perhaps only more so than his whole capita-
listic epoch. It is absurd, if one thinks
of Frederick the Great. And it is not true
with reference to the Grand Elector. He
of course spoke French and Latin, as every
one V70uld as a ruling prince in those days;
but he spoke Dutch and Polish as well, was
fornd of Liiat hematics and History, and re-
ceived his last touch in the Netherlands
where he stayed for four years.
Holland, then at her height - Colonies, 1602

Cape, 1619 Batavia etc; TTavigation Act 1651

- was for Protestant princes something such

Pans or

as Rome was to Catholics. It was the count

ry to go to ^et the luodern universal out-
looks. Peter thr Gt., the i:\irprinze • s
almost contemporary, went likewise to Hol-
land^

,«-«'

Grand KIcctor.

m

•

The foreign policy of the Elector was wavering. First
he was linlfd up with Ilabsburg because he had to
protect hiinself against Sweden. This alliance
however, made him an adversary of France, in
that time the hereditary foe of Ilabsourg. And
as Habsburg finally came to an agreement with
France :-ind left Brandenburg out, the elector's
remarkable victorJ;es over the Swedes - 1675
Fehrbellin allowed him to occupy Porr.erania -
turned out to have been quite futile.

He had learnt, and nov; turned to Louis XIV, and

therefore did not gaxta march against the Turcs
w]Jen they appeared before Vienna in 1683.

At the end of his life, however, he broke v/ith

France, when Louis XIV abolished the Edict of
Nantes, granting freedom to the rrench rrotest-
ants, and expelled the IluJ^uenots from France.

The Elector instead opened his country wide to the
French refugees. Some 20ooo then came to his
country, attracted 'by particularly good economic
conditions and cleverly chosen privileges re-
ferring to taxes and encouraging the establish-
ment of industries and manufactures of which
Erandenburg did not abound, lilvery Prussian and
Lrandenb^org city, from Konigsberg to Cleve,
would harbor its French colony; and in "Berlin
the French cathedral and French Gymnasium ^,0
back to those days, txiough the buildings are of
. later date. In so -ial, intellectual and artis-
tic activities these French ele:nents v/ere of

the very greatest importance. They brought an
intellectual _ ^ . , ^^ ,

/ culture to Brandenburg and x>erlix. vviiich could oe

/*

I

2
notning but prdjf itable . In .iddition to that,
these Huguenots as i'ar as they were noblemen -

^ and there were noL xew - were to provide an ex-
cellent officer material to the later Prussian
sof^tn. Even in the present Gernan army T^^renoh
names aoound. Quite in general, the

BcflE Grand Elector Is interesting for his openminded-
ness. Theie had been Boi^ne vague plans, which
later were dropped, to make the Elector "Admir-
al of the Empire" with his Admiralty centering
in Gluckstadt in Kolstein. These plans did not
rnaterialize. But in the 70ies "^^e begar to organ-
ize, with the help of a Dutch friend, Ben j.Raule
^ ..randenburgian Navy, the basis of which was
Pillau, the harbour of Kbnigsberg. This navy was
not great, some 30 mercantile vessels and . :?/
former Spanish battleships. But witn ihese itaule
and the elector eml^arked upon *^ colonial policy
like all the other European powers. ,■>, colony
was founded in ;i^e3t-/ii*rica, on the guinea ^oast,
proteoueu. u^ ix fortress, Gro6S-r'riedriciio;.ujL"^,
anf! ?^fter but eh ^^lodel ana .arioan Trade Corap.
was liSL^aMQtJSBt estaolished with a capital of
'.;O.00C Dollars, shareholders of wix_Lu:i wux'e the
elector and most of his courtiers and higher
officials. After the death of Haule this Compa-
ny went bankrupt and Frea..vill.I considered the
whole business a chimaera, despite some gold,
ivory, and ostrich-feathers which v/ere imported.
He sold this first German Oolony in 17^1. Unim-
portant in itself, the fact is interesting. The
Hohenzollern was not rj^uite blj.nd to what was

"lyins in the air" . ,-rederick the Great saw the

future poosibilities even much clearer and plaid
for a moment with the idea of i navy based at
^ Emden. But he dropped the plan because his

enemies were continental povvers and Prussia was
to _:oor to support in addition to a great arrny
also a aavy. So the world had to v/ait for
William II. But here, as so often, the former
frustrations should not be overlooVf^r^ -/nen
stuaym^ the character of the Kaiser.
The Prussvi- or Brandenbur- army really be^-ins v/ith
the (}T9.nr]. Elector. He crr^nt^a this instrument
in the first place so as to be able to keep out
of the system of E'aropsan alliances ^y which he
had gained nothing. This independence could be
achieved only if he was militarily strong enough
to protect his territory without alliances.
Thus he began to build up his army, v/hen he started
there was s permanent troop of 8000 men. When
he died, there were 30.000.

The trouble was how to raise the money for this
relatively large army. The estates were against
the expenses and the fight of the Prussians
rulers against the "stande" , which administered
the taxes and payed the exp nses of the prince,
ks^KKxkjSXK for the increase of the army began
here, finally, however, the elector was granted
530.000 Dollars annually for his army; but even
so he had to rely on the subsidies of his allies.
His troop ©aanot yet be called an army in the later
Prussian sense. The regiments were still a matte,
of private enterprise. A colonel hired a regimen
for which the prince would pay. But within the
regiment the colonel had full authority to nom-

inate ofCicers and to administer the internal

This changed, when Frederick William I achieved the
throne in 171^. He was the Grand Elector's

J s^and-son and son of Frederick I, the first Kin^

* of Prussia; and of all that we are used to call
the Prussian State, F.W.I, is the true creator.
There is , as far as forei^^n affairs are concerned,
not one spectacular date in the 27 years of his
government, no battle, no ^lory ^ no conquest.
It is the oddest thing that the so-called
"Soldatenkonig" , who thought of nothing but his
soldiers and his giant-grenadiers and who is the
founder of the German-Prussian military power,
that he never v/ent to war and prudently remained
peaceful while the others struggled. Occasional-
ly it v/ould itch him to lead his army to battle,
it is true, but only in order to see whether his
methods of drilling the soldiers v/ould prove to
be correct. But then again he did not want to
loose soldiers by death - not for reasons of
humanity, but because his "collection of man"
would have been diminished - and he preferred
to return to the paradegrounds and inspect >^i?^.
guards.

If his father Frederick I had spent money too lavish-
ly, Fr. W.I was the most economic prince of
Europe. For the whole royal household he spent
5200r dollars a year, lOOOdollars a v;eek. His
pleasures, were the xi±«±acHKdt soldiers and the
notorious "tobacco club", a daily meeting with
his generals in the palace to smoke a dutch
pipe, to drink imliti ,i'aii'j1j , and to enjoy himself
with practical jokes which were anything but
royal., a paradeground-atmosphere transferred

"^o the palace.

•

/

He was a house-tvrant In the palace and .*i patriarchal
tyrant with ref-ard to his people, 'i'he tra.'^edy
of his son i^^rederick the Great, whorn he wanted
to courtmartial, is due to his xlKiikBr irascibi-
lity combined with stubborness. And he personal-
ly would thrash his subjects In the street, 'iisrtwr
This is not the cruelty of a lienuLSsance tyrant
or anything alike, it derives from his sense of
Oder which, he believed, could be established
only by him. When once he saw people gathered
in fron of a post-office waiting for the mail-
coach driver who had slept too long, he himself
threw stones through the v/indow of the unfortun-
ate postillion and beat him wjth the stick v/hen
the xxx frightened man, negligent of his dut.ies,
came running otit of his house. Then the king

turned t > the waiting burghers, drew his hat and

wi u n

apologized for the disorder/which they had tSMndi
met in the Kingdom of Prussia ♦

His well-known hobby were the giant soldiers, of w>iic\>^
he kept a batallion in Potsdam. They were of no
good whatever and Frederick IT disboitted this
troop. But to Fr. W.I they meant everything, he
collected them like others would collect china
or stamps, and to make him a present of a 7 foot
raan would imraediateiy turn his v/orst mood into
happiness.

What he believed in was the state of Prussia all by
itself. The soldiers v/ere not Hohenzollernsche
Soldaten, they were ICgl.preuss.Soldaten; the
rerriraents not called after their chiefs, but
they were royal pruss.regts. /jrts and philosophy

existed only as far as tehy referred to the army.
At the University of Halle there was a very frea.
^ and famous philisopher, Christian '//olf , who was
an atheist. The Orthodox protestants complained
about his atheism and his doctrine concerning
the determinism of the will, i.e. that the will
is not free. The king was not in the least in-
terested in these doctrines; hut when he heard
that a grenadier who had deserted could not be
punished because there v/as no thing such as a
free will, he immediately dismissed \7olf and
exiled him within 48 hours, by punishment of
being han-ed. The Academy in Berlin decayed, and
the quite good mediae valist Gundling v/as kept as
the king's fool. Medicine he appreciated because
doctors were useful for his army.
Of his sovereignty he was convinced. "The eternal
bliss is for Ood, but everything else must be
mine" was his maxime, v^hich leaves to God to
his mind som.ething completely worthless <{Das
kann der Mann von Euch verlangen!). ':!hen the
Junkers made him ariQry because they did not
grant a certain taxation, he wrote: "Ich ruinire
die Junkers ihre Autoritat und stabiliere die
souverainite wie einen rocher von bronce.** On
the other hand he considered himself merely as
an organ, an official of Priassia. The king be-
comes, in a queer v/ay, a civil-law citizen of
his kingdom, who even has to pay the indirect
taxes. "If I am Prussia's war-minister and
minister of finances, dann gehts dem Kg von
Preussen gut." He is the first monarch to wear
uniform continuously to stress his own official-
dom

•

but of coursp '-^Iso to stress that he has every-
thing in common v/ith his officers and soldiers,
who in turn wear "the king's coat", dos r.c^s.
Rock.

This army grew rapidly; at his death it had been
tripled as compared v/ith the Grand elector's
times. He had a permanent army of 83ooo, while
Prussia's population amounted to 2.5 millions.
Prussia liad, on the whole, a poor land. But the
kin^ did not want to rely on subsidies from
without to maintain his army; }ie wanted that
this instrument of independency be dependent
only on the resources of i^russia. The taxes v;ere
therefore terrificly high and amounted, with
the indirect taxation, the so-called Akzise to
AO'p* But he was successful, //hen he took over
the country, Prussia had debts. ,'Jhen he died.
he could say "Gott sei Dank, ich bin keinen
Menschen was schuldig" and this was the truth.
He left to his son not only 85.ooo well trained
soldiers but also a war-treasure of 10 million
dollars in gold, packed in barrils v/hich were
deposed in the cellar of the royal palace ready
to be rolled away at any moment.

It has often been said, and rightly so, that the

history of the Prussian army is the history of
Pn;.S3ia. Fr. W.I was certainly the creator of a
quite new type of army.

Permanent armies go back to the beginnings of capita-
lism, armies of mercen;-iry knights who would
serve with any lord or, in Italy, with any city,
who were professionals all by themselves but
not attached to any power permanently. During

8

the religious wars the armies - some of them -
add to their comnon technic also a common idea.
I mentioned Cromwell's Ironsides, I might add
the Dutch Calvinist troops of Llaurice of Orange
and William Louis of Nassau, who harked bjtck,
humanists that they were, to the Roman Legions
and their iron discipline and block-like tactic.
This density could be achieved only oy means
of continuous training and permanent drill such
as the Rof-ians had. Prussia adopted this system
of drill; but the Gemeingeist was not religious;
it referred to the abstract state.
In other countries the army would have served the

glorification of the dynasty; in Prussia it was
an instrument serving merely the abstract state
v^hose first officer was the king.
The foundation of a permanent army in Prussia
was dictated by many conditions: it was diffi-
cult to hold together the incoherent provines
and to unify them within... The country was too
poor to bear the burden of auRx expensive merce-
nary troops,, and the dutch drill made a long
standing necessary anyhow.

The peopTp had to pay 40;' taxes. £ut for these 40;:
they do not oven have the plensure of seeing
9 others being gay, at Versailles or elesevvfhere.
They feel nothing; cut a pressiire, see nothing
but greyishness, and scarcety, and saving for
something to come - des,, ite the generally in-
creasing wealth, -moreover, the people had not
the self-reliance of older nations - Italians,
French, English. A Prussian "people" did not
exist and even to-day non of us would say
Das PreussiGche Volk. They are not even a tribe
within Germany. They are something completely
artificial, an artificial commimity, held to-
gether by the most artificial and excellently
working machinery of state.
The whole work was for the army, in the first place,
But it would be wrong to consider the Prussian
Kings bellicose. a'riJ I , the creator of the
army, never went to war. ills son. Prince Henry,
a better general than his brother Fr.Il, hated
the war. Fr.IJ, as a philosopher of enlie-hten-
ment hated and despised war; he waged war be-
cause he considered himself obliged to do so
for the sake of the state. Even Thomas Mann
says "Ke was a sacrifice. He had sacrificed
himself: his youth to his father, his manhood
to the state..." .uid as for his wai^ he himself
says: "Soyons done fourbe" - "So let us be a
knave", because he rightly realized that in the
foreign affairs one had to be a fourbe, a knave.
The most anasiag thing, hov/ever, is that th^s
Prussian state aad the tyiiigs of a state "as

goal in itself - and this is;wlxtit all amo.nts

■■in

mmt^^

1

10
to - is so imrnensily GerLna-ni that it v/ould accli-
matize the rest of the country* "That the ma-
chinery may \<7ork" - not for whfit purpose or
v\^hat end - but that it may work as a goal in
itself, this is very Prussian - and as .ar as
the machinery is concerned, Prussia was many
many lengths ahead of all other couiitries.

But the conflicts will be seen better once we
have discussed Frederick the Great.

rmssian State,

W M g

•

/

V/e have discusoed, in our laoL sections, the develop-
ment of permanent armies.

They began with the professional mercenary com-
panies in Italy, in the IJth cc 14th centuries,
VirTICL:E Basis Wa^ purely economocal.
During zhet reli^-ious vmrs the armies, especially
thoije of JtkK Calvinist princeb, ik got some
spirit of community whicii was reli^^ious.

fither elements, it is true, had worked into
the direction of permanent troops.
The training became more complicated after the
invention of ^un-povyder.

The princes, alter feudalism had practically
waned, had to establish a reliable foundation
of power independent on their vassals,
thirdly , there is a humanistic undercurrent ,
called ujon already by Ivlachiavelli in the
early I5th century, who had sug^-ested an imi-
tation of the tactics and drill of Roman
legions, especially after the superiority of
infantry over armed knights had become ob-
vious.

Hence, a certain trend toward permanent armies

v/as noticeable everyv/here during the 17th centur

What is the difference between Prussia's army and

those of contemporary princes?

1) It is not a levy summoned like the native

body
Suiss army, but a separated from the people

and scientifically trained.

2) It is a trained army but not a mercenary
array in the old sense: it is recruited from
soldiers remaining for all their life in tlie
Prussian service and it is comTianded by offi-
cers taken predomiucinti^ from the native no-
bility.

3) It is to a large extent an array formed by the
people but not a national or religious array.

4)

1

It is created and supported by royal authorl-

"ty; yet it does noc serve the glorification

of the dynasty as ±s the case in France, but

it serves the abstract "state" whose servant

the king is, too. It serves a coramunity

similar to the administration of the Teutonic

Knights which likewise served an aus tract

collectivity

KamxMjaitjc , not a prince.

s

jystem
The OQKXKX of recruiting the army is comparable to

that of recruiting the /oreA>;;n x^egion: persuasio
and force applied by the recruiting officers.
I'hese recruiting officers irequently encroached
upon ono another. So FrW.I divided his provinces
into so-called cantonments, and each canj.onment
was reserved to the recruiting officer of one
regiment. Recruiting xn abroad was allov.ed, but
it was more expensive. 7/ithin the cantonments
there were certain ej^c'3ptions: all those having
a trade or otherwise a specific profession
in the cities could not be recruited. Thus there
remainea practically only the peasants and the
wandering artisans. The peasants, who were sub-
jects of the lords of manorial estates, could
not .;SGape tht; xJsrvi&K recruiting of l leers -
Desides, it may have made little difierence to
them whether they served with tnelr lord or
their lord's son or brother conuaanding a regim-
ent somwwhere nearuy. :.oreover, these so-called
Cantoniots were sent on leave aTter having re-
ceived their training, and had to return to the
regiment in spring only, for two months, in the
time of the grt^ai exercises when the companies
had to be complete. .;it.i this leave the captains

4) It is created kjc and supported "by the royal
authority, but it does not serve the glorifi-
cation of the dynasty as is the case in

to serve
France: its raison d»gtre is tk«x^rat«j£tiaa

af a state

/

5

/

were ^"enerous: on the one hand they knew that
their relatives needed the laborers; on the tthe-
I they could keep one salury for the man on leave.
It became the custom to enrole already the
baby-boys oi the villains, so that in fact a
compulsory service existed. But it was dili-erent
from that to come after the French Revolution!
as it was not general. It was restricted to a
class, not extended to all esta es without
exemtion, i.e. it v^as as yet not "democratic''.
Exemtion v^/as likewise not given to the Prussian landed
nobility. Fr^^ I removed all the ofixcers wno
were simply adventurers and foreigners were en-
listed as officers very rarely and only if they
were noblemen. Instead he compelled his nobility
to serve as officers. ..ith this measure a con-
stitutional chaueiu *vas connected. FrW. abolished
feudalism; he cut the feudal tyings, gave the
fiefs as propertj' to the noblemen (Ritterguter)
but was careful not to abolish the personal
tyings between nobleman and king, in that he
compelled the nobleman to become officer.
He introduced indexes of noblemen which enabled
him to check immediately what his uobleman or
the latter *s sons was doing. Nobleaen were not
allowed to take up service with foreign princes;
it was duty and privilege at the ^ume time to
send the yeomen to the army w:xich they joined
as lexkajuaiunker, and as the youngsters had to
carry or protect the regimental colours they
were called Fahnenjunker until 1916. :.:oreover,
so as to give a good education to the sons of
often XJRxyx extremely poor noblemen, he founded
the kadettenkorj^s -l^. x^erlin, which provided him
v7 i t h ox fleers.

3 recrui'

w Ui. uxxx^cXkd Xcijx^

Xuxuoxv t; J.

T

^'0 "Degin vvith, nobility and officer corps became
one. A ir'ronde, an. ^f position of tne nuox±xi.^
against eiixcir. rni, ox li r ; L'ecctiue aiixxjvc^^.

nbove <ri-*.jL wj.e fe^ixrxi/ ox une uxxxcer curp& ».•€ —
u?5i.r aiixiQiiTi, to gooa or e*^-., ana tne oii±oerfi>

to join Liife-u: icaiuLa. xne muriaxuiixi; ueiiuidixxzxii.g

w.-.c-^-..^^xiie vvuriced in the rrussian ^tate through

the army, and expanaed from tiie army to tne

ofiiciaiaom in general, xn i^ ranee tne nooxxity

woiLiu 06 ciuuciuiicra 10 tne cour^ cti-v^ -iiiuu^ii me

couTw .lit: noDxemen iwouxu gei* a re^^imenx or a

oaxaixxun. xn i^russia he came to tne court -r.

officer, ana untix x^^xo xi »vab tne ruxe tnat

evexw ofiicer was aamissaoxe at court and had to

rapport vineri zexng on xeave or otner^ise at

jserlin. ±ne icing knew practicaxxy axx xne mem-

ucrs ux ine noDixixy ^uz?! u^ •*Xxx^=l^ xx would

have icnov^n c.-.._ me lamixiea oi tne xruscian

nobility.

xhe life of xnese oiiirers was anytning Lut

agreaDxe. xney lived like the soxaiers, were

su.r\'eyea xiKe zne soiaiers, v;ere punisned like

the soldiers, and humiliated liice tne soldiers.

Here is xx-t c»-^eat diiiiculty. In a religious

world, hixmiliation may increcibe the feelinF of

his inj-.er
n. -.n dignity of x. 3ne numiliatea Le. .e/XK

can escape ir*XQ another -. urlu. .a xrai^^ia, the

officex ^ numan being hinged on hi- ^^^ice; it

ne xa h-j.'rixxx«tu«u officiaxxy, unere remains no

sax'exy vaive to ^ne otner v.?orld - he must suiter

/

i-x.^.- x.ui^xxx«ii. r£ his huuii^u ^xfe-rJiy evev : Aie

- cr.....-^,^.,^e ar. in the r of Frederick
^ the Gre;.t .

1- -.is gap t^- .Tussians have r^laced the couu.pt
of "officer's hor.or- . But there is a di-or.,-..
between collective vo^or ana individu

^ ,''^' ""^^"^ ^■'^^^-^' ^° — = erve the a.scipline
o. the ax^, .for the kinr a:..,, ; ,e state to the

last extreme. Honor is the prestige wUh a
collectivity and for tv. sake of a coi^ectivit ,
^-. xf the human dignity is broken. Dignity x'^
t^e prestige or value as man, not a. ..„v.^ ^^
a collectivity or cast. *it, ,^, ,^^^^^
Chevalier, who is a single fi.,..,, ,,,,,^
dxsnxty ma, coincide, with the Prussian officer

^:ivxty, ..naeur ..,d dignity break asunder. Only
t..= forn.tr is iir:portant . and thir -xternal
"honor" receives tnrougn the ^russi .r^v us
quite e^act, categorical f orinuxaT.aon. " e^^-:.-,-
^^as its ftritten "Code of hov.ottr" serving as' '
moral -usks for sx an external digr.ity, whi^ t>.
inner dignity may collapse. It is tne principle
against which in t; .-arch the Donatists rose
whe.. Lhey declared that t rson can onlv be
a priest efficiently if .. xi^.er dignity' is in
agreement with his priestly honor: but the
Church decided against the Donatists and said
that the priest's activity is not dependent on
his personal dignity leaving it to a punishment
in afterlife to restore t] - lalance. Ihis trans—
indental loophole does not exist in the

ce.

Prussian army which otherwise iL i- '-■-'^y^^''.^^^^''^

Ca ^

ecularized priesthood of ^^'^

ec

ci^siii^^s^-

/

1.^0 wonder that finally Frederick the Great intro
ducea almost celeoacy for his officers v;ith the
I famous motto that his officers should find their
hapniness in the sword and not in the sca^.^ard.
Younger officers were simply not allowed to
raarry and elder officers received this perrnissio
only grudgin£;ly, so that sometimes the officer
corps of a whole regir.f»nt wnn n-^-^r^rried. The
idea is of course not that of religious chastitv
but of tying the officer exclusively to the
service of the king and the state, so that he
may not mind being killed. Until I9IS any rank
below Lne captain could not raarry unless he kaii
or his fiancee had a certain capxuai in state
securities - but this was to prevent the officer
corps from prole tar izing. But a consent was nee-
ded for every rank, and you renenl er the affair
of v.Blomberg who married a girl whom his fellow
officers did not recognize and who had to ^^o.

This military organization is the backbone of the state
and the administration is merely a prolongation
of the army and serves, in the first place, the
needs of the army.
The provision of the army with res-ect to food and

money was originally, iu the mercenary armies,
in the hands of a so-caxj-ed "ComiTiissioner" , or
"commissariat officer**. It is^ signif ieant'that
these arm;^ "commissariat officers" .ecame, in
Prussia, the central authority for the admini-
stration and the finances of the state. Quite
logically: as the administrative and economic
system of Prussia had to serve the needs of the

^rmy in the first place, it were to be

(

7

army cornrnisuioners who controlled everything-.
The administration of Domaines and Finances were
^' locKed to£:ether with the ■;/»rCoiniii±s5ariate and

in 1722 Fr^.y.I established the
General-Ob er-Finanz-Er legs- und Domanen-Lirektorium
(called General Dircktoriua) .

It was the central administration of the King-
dom, subdivided into four regional departments

1) Prussia, romerania,Neumark

2) Kurirark and Magdeburg

3 and 4) in 7/e stern Germany •

Each of these Departments had to take over some-
thing referring to the whole kingdom, e.g. post
and coinage, accounting issues, asf., and from
these departments there finally derived the
rainisteries for the various affairs of the
state.

These regional Departments were subdivided into
so-called ''Kriegs- und DomanerJcammern" , which
the King liked to give to efficient Regimental
Quartermasters so that here the army Kauox pro-
jected directly into the administration. TSLsq/i
toackoiictoxbK The higher officials or "Councilor
were almost without exception noblemen.
The same is true with respect to the Landrate,
heads of the Counties (Kreise), a subdivision
of the prdvincial chambers, who ^jjitil 1914
were almost always aristocrats, in .he east
more so than in the West.

Officially the king would meet the General-Direkt-

always
orium; but his tiapo^e remained empty. That is,

he ruled without a council. The true central

authority was the cabinet of the King. But

Cabinet does not mean a council of ministers.

army corainissio/iers who controlled everythinK.

roval
There wnr. a ch-u'^ber of the aornaines when FrW.I became

king; there also was a Directory General of
Finances; and as a third there v/as the
Conmissariate General of VVar. All this v;as uni-
fied, in 1722, as

General-Ober-i^'inanz-i^riegs- und Domnnen-Dirck-

torium

/

8
Cabinet is the room of the king, and from the
kings chamber the foreign policy and anything

♦ of importance was arranged, iv.oaatch and minist-
ers are completely separated; the latiers are
in Berlin, the King usually in merlin or in
Kcinigswusterhausen or in one of his hunting
chateaus near potsdam. He receives the acts
works them through and then decides by a
Cabinetts-Ordre or by means of a marginal note.

The financial organisation of FV/.I v;as such that he
raised the income of the state tjcs%x^xt&x3. in
some departments by 100 percent. The total
revenues of Prussia amounted at the death to
7 Million Dollars. How much for military pu •-
poses? 5 IJillions; the remaining 2 millions had
to serve for everything else, including;, the
king's household and the savinn;s for the war
treasure which amounted to 8 millions within
27 years, an amazing sum considering the tiny
budget and the fact that this treasure brought
not inte.est.

Religiously he was tolerant, as practically all the
Hohenzollern were. Only the Jesuit es were not
allowed in Germany; but after all the Church
itself dissolved the Order in that time.

We may raise the q^uestion: Cui bono - what is the

purpose? /

Consecrated dynasties , ^uch as the rxLibsbuXe»f

have the good conscien/ce of doing what they do
i by divine right, andAon't ask for a purpose.
The Hohenzollern - the i^iser excepted - do not

care very much for /the divine right; they care

>

^or aiithority, but that is different.

Y/e

I

I

■ - ■ o

J

y raise the q[uestion: Qui bono? vVho profited
frorr. this whole organism? i'o whose pleasiire
v/as this enormous atHUKX work done.
it for the people? I'he people had to pay 4C?i
taxes and for these 40;/i they did not even nave
the pleasure of seeing; others being gay, the
court e.g., as this would have been the case
at Versailles. Within the little privacy that
they have, they nsay have had their little plea-
sures of life - but how far away were they fron
the inerriraent and the plenty of life, say, of
the i^'leuiisJi peasants such as Brueghel depicted
them, the full enjoyment of animality.
The pressure in the Hohenzollern State may not
have been greater than elsewhere; yet in Prussia
scarcity and saving for something to come and
with it a gryishness is predoninant among the

people.

They have not even the pride of a glorious past
or the self-rel-i-ance resulting from it such as
it was natural with athiir the other, older
nations S4ifiiJ---?^^-Englisb or j'rench, or with the
Italians whose political present was as hopeless
as that of Germany. " I am a Prussian" had a Cf^^u^^^^
meaning after the age of Frederick the Great, ^
but it never had the sound of "Civis Ilomanus
sum", which the other nations would take over
and modify in their wa^ .

We must not forget, a thing such as a "Prussian
People" did not exist. The Prussians are not
even a tribe within Germany. The Guabians, the
Franks had something to be proud of; the Pruss-

ians not. Their community is something

10

•

/

th^it is both casual and artificial; an artificial

comiTiunity, held together by no tyin^s of the

spirit, of art, of literature, of a £:rand past;

they are held to?;ether by the most artificial

and excellently v/orkin£^' machinery and by the

abstract idea of state. A.2id this is true with

regard to the re-ents too. None of these kings

human
had a life faiii of^ pleasure, but a life full of

dry daily v/ork, of administration and drill and
of all the paraphernalia of statenanship and
almost nothing of its human th.rill. j^'r.the Gt .
was alm.ost ruined by all that, and certainly
somewhere broken; but as he saw the other possi-
bilities, he was at the same tim.e the only

of
tragical figure sranaug his dynasty.

I -voul'l say, the essence of this restlessly working
community, of this hardly ever disjointed
machinery of the state is this: to be geared,
to be geared as goal in itself without asking
what everything is geared for.
Wwucu'a-"*^ is a community created oy will and reason

without the dimension of the spiritual, the myth
or whatever you may call it. And in this one-
sided efficiency, in this being geared as the

in this
last sense of life, af being discio.^ined even

for the sacrifice of humanity there must be
sought the importance, both fertile and tKrrik
terrifying, and at any rate fateful, of Prucsia
for Germany and for Europe as v;ell as for the
world.

I

/

11

I said that i*'reaeric"k the Great was almost ruined by
thjSS' conflict of humanity and state-service.

^ Rousseau reduced this conflict or dualism of
Frederick the Great to the forniula:
''II psnse en philosophe et se conduit en ro^"
*'He thinks as a philosopher and bears himself
as kin^" .

Frederick the Great, by nature, was devoted to the

Muses, to philosophy, art, and anything beaut i-

P t> f
ful. 'Anything referring to these natural plea-
sures, he had to acci.uire without the knowledge
of his father. His education was entirely French
as was the general custom in that age, at least
as far as the language is concerned; but his
father considered it quite unnecessary to let
him learn German correctly. Frederick's German
was original, but completely wrong and incorrect.
He used i^!not in his philosophical writings,
^ which diwji-46v volumes »jfl^ j'ri»ttiia», but m
hjs drastic ^md often very funnjr marginal-notes
or in his intercourse with ]iM officials,
generals and the army. When one of his teachers
began to teach him Latin and to read with him
the "Golden Bull" in the original (not a very
pleasant or thrilling thing to read anyhow),
his father, when xtuqpr unexpectedly en^tering
the room, roared "I'll Golden full you, you
rascals" and up went the royal cane against the
teacher. Frederick loved m.usic, he later even
^ composed several concerts for flute^ and he

^ learnt to play this instrument ,tR his consolation^
throughout his life until he lost hisUeeth
and therefore could not blow tkR correctly into

t

/

his flute. But when the -king got to know this
penchant of his son, the flute was broken and
the prince kicked and pulled by the hair. His
father hated him. For a trifling reasonfhe (9^H
v/ould be restricted to bread and water or some
nauseous food which he could not keep in his
stomach. And once his father knocked hin^ownj
dragged -ywli^toy along to a v;indow, and v/as v;ith
difficulty prevented from strangling him with
the cord of a curtain. The Queen and the prin-
cess, Frederick's sister, who tried to intervene
and protect the boy, were subj cted to indigni-
ties on the pdtrt of the king. His father was
disappointed of Fr. in every respect: he was not

as tqll as the grenadiers, but on\M.ia,._r::;iti»«ir--ir^mjg^

b4rf^ he was not interested in soldiering but in
arts; he was often sick as a child - altogether,
his father considered him a milksop, despised
him, and treated him accordingly.
Trie prince, in his desperation, and after having
seen during a short visit at Dresden what human
life could be IJke, tried to run away. As the
prince was an officer, the outraged king con-
sidered it desertion, and this was the highest
of all crimes. "Desertion, writes he, is from
hell, a work of the children of the Devil. No
child of Good could possibly be guilty of it."
It is St. Augustine in the uniform of \^|ots^7a4q
dam Kuards 5^»*f*' as though the Sc^int had wvritten^J
in view of grenadier^ &3?4;a««^. tfthe^kiH^ wn.n1iBd to

i^-r-nrf^"^mn t'Tflffgrcli at' KllStrlfi l?m

frland. ^;men )^ left g^e^7

12

this iiistrument, but he had to acquire this
kho//l«c,ge behind the back of his father.
Then carne the catastrophe

» I

K. -

I

•

13

where, ov/ing to the kindliness and devotion of
the gaolers he had a better time than in the
palace, he was treated better • He got " ^e[;;±mcnt
which he had to train, and he did this well. He
got an estate, Rheinsberg in the Mark, a charming
place, where he laid out French gardens and sav/
friends and was social. By that time he was
married, to a princess^ of irn.iyijH^ //horn his
father had chosen. Fr.did not like her; he was
^im],'Tly bored in her presence, considered her an
"untouchable" and treated her with icy politeness
but like an outcast. /-J:'ter Rheinsberg, he hardly
ever saw her, gave her h iittix palace in ^>^rlin
while he v/ould build at ^xxx^xaxsx potsdam his
little chateau Sanssoiici.
Frederick was a sacrifice. His youth was sacrifice d[
to his father, who wanted to make him fit for
the government of the state and the frreaadiers.
And his manhood was^a sacrifice to the state.

When he became king everyone was surprised that he
did not try to live up to his^ inclinations and
to make Berlin a second Atliens or Florence. He
did not. He continued to rule, as his father did,
without '-iny extravagance, econo^ri cally and
reasonably, but he humanized the atmosphere.

In his youth he had written a book against ?/i8chia-
velli's doctrine of "reason of State", the
/^it i-Macchiavell , in v/>rhich he rejectg^the whole

idea oh the basis of enlightenment and hunanity.

trends ^ , . . ,
His taste, his philosophy, the ks^x of his mind

were enlightened. He admired Voltaire, admired

the keenness of his judgment and the malignant

^^it of the Frenchman, ***«i ^e ^optei

t

14
Hi, ilicious jokes and pamphlets anout his
European fellow-kings did harm to the sto.uuS:.iuxi
FrenT^rick. Hi^: three ^reat adversaries ^^r^re
v/omAji: jiria Theresia, the Austrian Enipress;

V

omp.''^''"' ,... , th(> i.ij..k'. o !"■>:. c

of Louis XV, who ran the policyof France, he

other
nev^r stylerj them iixi^brRXRXt hut thf^. "three

iMmtu of Russia, t^^itkili«*i-^^*^'^->^fv/

prinoesi^ ; am ^''^ ' "r^

few ^ood

whoares" , . : Tho^a^i ...^mi uiukes
remarks about the fact thnt thifit'm.isJjeynJ st
kin^' of thi^Rococo .^::;e, //hich iounci its ful-
i.xjLu:(:/: scxvicQ of the laay , had 4-**-

^MMt thre-^^ "-'omen ^*<*» •'^'^'■^rsaries, and ur-i'iT^ *rH.>moM

i-i*^- that Fr.'s pov/cr, humanly, wfi.'!.'"' Uial ,^reat
hpcriuse he did not fit into +"^i'^ fir-
hi.. '.nd was an outsider.

•■/ork of

His palace or rather the little -'•^'' - /^ ^t ^c"
hac the atmc^^ph^-ro of ■r'^-rr^'^lbT^ '»*f^ ^:

y

ny in t" jvenin^;, at t he ^ dinner table, was
exclusively male^. Here com^s anctncr ^ra^cciy.
V/ithin Prussia jred. did not find spirit- .-^n-
genial with him. The officers and v;erierals,
who surrounded him. at the dinner tahlc, knew
nerely the kinfj, the hard -jox^^j.^.^ administrator
of the state, who /.ot up at ^ oclock in the
morning-; or the.( were devoted to the^eneral,
especially in later times; but aDOut^the philp-
sopher these^Zieten and Seidlits :ind Schwerin
Vn^vv nothing. ^ Fred, invited Voltaire, .0
in Paris was in sometroubles, to Join >iim and

stay with him. That is, he had to ask

15

•

/

a forei^-ner to keep his cornpany if hf> waute
riavr human being to talk to. Eventiaz?Jly vol-
t-n.re w^^^. •■» .^r^Mt disanDOintment . He was cant an-
karous and unpleasant 'n-j a piuest, and ^'^^'^^^ .
being a ^uest he v^rote a most malic ioiis^bout Ua^
"^Vj^TlciL .uid fir^miv hnd to leave Purlin. So
here aj:ain t>!ere is a dj.ssonance within Fred.
A statesman has to create men after his likeness
otherwise he is not - statesman. .Ve discussed
that problem in connection with Otto I. But

Fred, vvas creative in this sense O/ily hs ±c±r

»

as his roval or^ military office was concerned, ?f t^
tSS^down to the^K,-i-^er or to^officials in the
rm-ious deoartment^^the acts/^/oUla be Til Led
with mar^inalnotes a la Frederick thc^^^Oreat ,
though without his <ii\X and abov^ '^ll^his direct-
ness (Ilusar). Th^ lover of the Muses, however,
did not find any response^, very dificrent Irorn
his namftsake, the Hohenstauf'— ^^raperor, whofse
officials would he^in to delight in the samo
intellectual things as their master did.

Fred.th. ar.at, the Prussian, ^^Jj^'^^:^^'''^^;^^
lonely rn .. -.^born iu the purple» fti^^^gj^i^., ■
*^^ffi*r dissonance of kinc and philosopher/which he
was not able to bend to-ether in the intellect :at
non-climate of Prussia. The king 'iid "^ot k-.ow
what the philosopher thau£,-ht , and the philoso-
pher in him^latl t**^'/'i.i -m' ^Mt horror of the
duties of king.
, ;^d yet, his wars, especially th. 7 Years War
►> c^^ainst 2 CO alt ion of almost the whole of

Europe except England which supooried him, wns
won bv the philosopher almost more than by the

16

t

His wars

Sen^ral. Jacob Turckhardt, xKthe ^-reat Swi^.3

Historian and author of the Civilization of

the Renaisr.n.-pe, onc^ ^^ays about him:

"The fates of peopl-^s and states, the trends
of whole civilisations, may depend on fckflt one
exceptional individual to endure certain
acute stresses at certain times.
The fact that i^'red.the Great possessed that
power in a supreme decree frono 17RQ-63 (the
last years of the ^reat war) h determined
the course of all subsequent European
history.

Burckhardt is correct. A breal^ovm of Prussia

would have been the dissolution of the Prussian

Monarchy or its reduction to t'*^^ rank \^ o^e or

Baden. And without Prussia there is no (rermanv

thinkable, nor our present mess.

In so far, philosopher -julI kin^ ^o together, as

the endurance of Fred,, based on his stoicism

and on the flasc of poison in his pocket, made.

him carry on a hopeless war»v¥J*[iek 4m "^ frLt^m uu,r*

j»»lxLt_Qf view mAthi^ danger to-day.

bis tame. And the first war

f

1

a^^ainst Austria he em.barked, a few months aft or
^■i^ 'i.ccession, largely for the sake of fame
and to stand the test that he was not the milk-
sop as which he had been branded by his father.
At his accession there broke out the war of
Austrian succession. Ilapsburg and France, as
usual, are about to ^o to war afjain^t one an-
other. iTrcd.&ffcrs ivi,^ria fheresia -^ su^jport
wi.th his toi'5)Ci> if Austria hands over Silesia
f-!© which Prussia had claims. The claims were
flimsy and dated almost 200 years back. liut tlie
way Austria had disregarded .iii ^hat llLxii .Bran-

^enbur^'s claims was neither «

17

T

ver

,ir-^hle or reco

'^hlc

0 c

s, 1740-42

7AA^A^

1744-4

con

O J. -r -S S

xne

1 - r*

i>.y<ii#

m4

> >

Fred

■ mt.4*

was li.

-.ddenly recognizes
ich Fr.'.?.I

Inste'

V lie

^ c<iiC6

n^ w/an/nOT!

forr:ed. i%^

«^

4^

^ 4?

ridiculi

v« ,-^-?

ili-

^..i^oLic mania of -^he Prussians, the^

t^dke t' i*w po^r into account.

For 10 years rr. . keeps peace. Then he has to

fi^ht i^c^^i^f "t^i^ ^^^^^ against his will.

Th^ reason of th** TYe-irs

if^

T IS

to

sought neither on the R^ne , Danul:

■ee

tut on the Mississipi

ne On 10 ana ot.^avvrne

-ihout

c^na rXc^nc^

n^_

^ -iT, •

v> • -* .

ada, 1756-63

.. war ._
is coloni

1 •>

'•^"^ each ^ther

fci—. s-^ —'

M. X ^A ^^ x^

e -1 nn*'^

^p, for tho first time, v/ith Austria^

k" •!

pulled toee-^h^r. Austria, however, was also

allied with Russia

^{^^Ji

rme

^^><l T

/

of soldiers '.en they wer^ •' « «j.i LLl ^'aiud

on dutv ir "^'^^ nalace, h^.'f''^^^ "^h^

Pru^

e» *» r» ""^ <? ^

1 ^

iier

ri

recon^^er Sixes_

on /^ustria, line up, too

hcresia want*: to

.d others, dependent
Suede, after her

losses in -^nrmer ^'•^tujri^s , w!

nteyto re;^si

n

Prussia IS £

nly surrounded by

t* European po>v6rs which desi^j.ed a war

Y^

St

Frederick.

/4'teS5F=?==r *^CjlCt. 'J^M^U^^^ - I^Oot>M

a.

16

■

t

For almost seven years Fred, waged war. In the
beginning he was victorious; in the later years
he was purely defensive. He had contrived new
tactics, even new ideas of strategy. But it
was not his military genius that finally crowned
hiHi but his stubborn ehdurance. He was waiting
for a good moment to conclude peace, and then,
as may happen to-day, Russia broke away. Elisa-
beth, his deadly enemy died and the successor
to the throne, an admirer of Tr.^ matfe peace.
The king had gained no territory; but neither had
he lest territory. And above all: his personal-
ity became a factor in cultural Germany, too.
Kot that he cared, by no means. But for the
first time after many centuries of distress
the Germans turned their eyes towards one man
with whom they felt ximm they had something in
en Miiinii - a coaaBopolitanism which, admittedly,
still was French, but which was Cosmopolitan
and yet did not lack the ties of the State.

yy^^K.^^

x.r '^J^

*.-..

^A.-^ ^Cv.li,y^ft4

J-

jjualisxns.

PJ

I intimated the last time that with Fr.the Gt*
0 certain dualisms made themselves felt in Germany*
One dualism was clearly politicals That of Prussia
and Austria.

Important though the fTussian King may have been
as an all-German figure, the political basis of
all-Germany, namely the ii.mpire, undermined for
centuries, had been deprived by i'red.the Gt, of
its last buttresses. Napoleon, 19 years after
Frederick, had just to touch this brittle buil-
ding with his finger to make it collapse and
disappear definitely.

Fred., it is true, was not directed by all-Germa*^
points of view when he defeated not only French
and Suedish and Austrian armies, but also a
Heichsarmee which had been summoned by Austria
to fight the empress* inobedient vassal. Fred,
had foxight for the power of Frussia, and he did
not mind whether politically dead forms were
knocked down or not. But it should not be for-
gottea that Austria, just as little as prussia,
fought for anything but for an all-German idea.
Had Hapsburg been as all-German as sometimes it
is represented in historical writings, she had
500 years time and had had many occasions to
prove these all-German sentiments. It is sheer
romanticism to wail about Prussia's destruction
of the Reich. The Reich, for centuries, was not
worth a penny, and Austria destroyed it just as
much as any of the 500 German princes.
However, Prussia's xkkksk±1±kx ascendency and her

recognition as a great power of £urope created

t

/

a problem unknown to any other European nation,

namely that there was not one strong nucleus

to which the smaller and weaker units might

accrete and by which a great state might have

been prepared, but that one empire harbored two

destiny
such great powers, it was the ggtgrtTcqpkK of

Germany that ever since the days of Fred. the Gt.
two German Great Powers had to fight against one
another for the leadership wxltkin the German
nation. We may dislike the development by which
in 1866 and 1871 the German problem was settled.
But if at all a unification of Germany, or at
least of the greater parts of Germany, is consid-
ered as a so to speak "naturbil" guuL and desira-
ble goal, then historical justice demands that
i^russia was more suited than Austria to achieve
the unification.

Austria, even by the times of Fred., was com-
posed to a large extent by non-German peoples.
Austria's political interests were certainly not
ftKZ exclusively German. bouth-Eastem Exirope
became more and more important to her, ever sincj^
in 1526 the Bohemian and Hungarian crowns had
been combined with the house of iiabsburg. An
Italian statesman, Gioberti, early in the 19th
century, recognized the situation fairly well
when he siiggested that Austria should cede her
North Italian possessions to the Italian people,
venetia and Jjombardy, and that she should be
compensated by provinces of equal value in the
Balkan, strips to be cut out of the decaying
body of the uttoman Empire.

»

I

I

Prussia, on the other hand, was racially and
otherwise certainly not a purely German state.
East-i^russia herself actually never belonged to
the Reich in the times of the Hohenzollern. Even
when in 1815 at the Congress of Vienna the Germav\
league was formed, with the Bundestag at Ff m* ,
East-Frussia, west-Prussia, and Posen - which
through the polish partitions had fallen to
the Hohenzollern - was exempt from the Deutsche
Bund, while on the other hand Austria's polish,
hungarian and Italian possessions were likewise
exempt. Thus Prussia was likewise not a purely
German state. But the territorial or geographical
position of the Hohenzollern Monarchy, with its
territories in the East as well as in the west
- the latters being greatly enlarged by the
congress of Vienna - brought it about that
the political and economical interests of the
crown of Prussia coincided with those of Germany
proper to a much larger extent than the inter-
ests of Habsburg. Habsburg had finally allies in
bouthern and wstern Germany - Bavaria, wurttem-
berg, Badeh, half of Hessen - but she had no
possessions on the Rhine, habsburg had even ab-
andonned her western possessions light-heartedly
so as to get in exchange lor/the lands on the
Upper Rhine the provinces of Northern Italy,
which thus appeared to be more important for the

Habsburg monarchy.

In spite of all that and of the coincidence
of German interests in general with those of
truss ia (only Earaiover Jaade- a certain exception),
in spite of all that it cannot be denied that

/

Prussia remained strange to the totality of

the Germans. Goethe, in his Dichtung and Wahrheit

quite rightly says:

"Wir waren fritzischK gesinnt, denn was ging
uns Preussen an.

"We were Fritzian (pro Fred.), for what had we
to bother about Prussia." Goethe and his friends
showed in their youth enthusiasm for the perso-
nality of^Ferd.the Gt. Prussia meant nothing to
them. They even detested her.
However, there remained the dualism of Prussia and
Austria in the political field.

The other dualism is very difficult to describe be-
cause it is so subtle. I mentioned the antinomy
of &Sism intellectual Cosmopolitanism and National
State, of KULTUR-NAl^ION and STAAIS-NATION.
^ This antinomy kJKSXODK stepped to the fore when

the German letters and literature began to awake
in the second half of the 18th century.
The awakening of the German national literature coin-
cides with the age of Fred. , though he himself
did absolutely nothing to encourage it. The
German "Geist" became conscious of itself not
through but despi e Fred. Winckelmann , the
baxon, had nothing to do with any political
state of Germany when he drew his inspirations
from the Roman marble copies of Greek works
of art, and thus established what we call the
classical archeology. His deep insights, his
works, many of them written in Italy though in
the German langxiage, were to the profit of not
one of the German states; but it was to the
profit of a non-existing though all super-seding

(

idea, the German Nation. The German idea and the
- you would say: Platonic - German Nation pro-
filed, but none of the states in particular. The
same is true with Lessing, the same with Klop-
stock who spent much of his life in Danemark:
their deep discussions, their poems were
"NATIONAL" to the highest extent - Klopstock's
Messiah was written to outdo Milton's Paradise
Lost - but this Nationality had a home in none
of the many German states. The same comes true
with Goethe. His poetry, on the whole, even
refrained from any cheapish nationalism or pat-
riotism; it was political "quietism", if you
want to call it that. And yet it was, (though on
the v/hole^unintentionally, except in his very
early and his very late periodj national in a
very lofty sense. But it v/as anything but
Weimarian and Frankfurtish. There are many many
different grades and shades, of coiirse. Herder
who was seeking in arts above all the VOLKSGEIST
was more near to earth in a German sense than
Goethe. Schiller, the greatest among the lovers
of freedom, tried to apply his ideals of freedom
to the Germans as far as possible, though his
best works, the aesthetic dissertations, refer
to none of the truly existing Germans. And the
same is true with Hblderlin, who loved his Suab-
ish home, or with Jean Paul, who eternalized the
small German residence of juc±x«xpettiest petty
princes and searched the German soul as few
others did. One cannot say that the were "up-
rooted" and not in contact with soil from which

•

1

they came, but their Germany was something like
the Civitas Dei, namely not of this world or
only as a symbol to be foimd in this world. The
Germans themselves, these men of letters, liked
to compare Germany with Greece, a metaphor most
current in the age of Romanticism early in the
19th century. Greece, they said, was an idea
but not a national state. There was a Greek
nation hovering above the individual city-states ^
and there was a Greek genius, but not a national
state nor an Greek empire like that of the
Romans. This metaphor included an advantage and
a great danger.

The advantage was that the Germans began to in-
vestigate Greek antiquity in a different way
than other nations did, namely with eyes direct-
ed by spiritual affinity, as they really sought
themselves in Greece. It is in fact amazing
what understanding of Greek art and literature
was brought forth by the Germans, from Winkel-
mann over Hblderlin and Goethe to Nietzsche
Burckhardt and George. Their approach was dif-
ferent, as it usually was not referring/to the
forms which would have led to a new classicism
(and besides: forms were never the German
strength). The German understanding of Greece
referred primarely to Greek vitality, to the
forces and dynamical powers which pulsated
in everything Greek. Thinking of themselves and

of the fact that there was no German political

a German xntellectuai unix
unit but only auim/above this world they indeed

found the new approach to antiquity, which was

not classicistic and which did not take its way

/

through the interpretation of the Romans but
tried to ^et hold of the Greek substances in a
direct way.

These the advantages. The danger was that the
German spirit or genius became self-sufficient,
it really did not need to bend upon a state or
to depend upon a political unit - not to mention
the fact that not one possible political unit
would have coincided approximately with their
ideals. The contrary is true. The state was con
sidered as something merely uncomfortable, as
something to be avoided rather than sought in
reality. Instead, however, the Germans began to
construct images of the perfect state in a Plat-
onic way which deified the state as anything

perfect is worth being deified. After all, Per-

Francis
fection - not only in the language of Dante -

is something being synonymous with God anyhow.
All the German thinkers would have pondered about
what the "State" in the abstract should and
could be like v^ithout vasting one single thought
on Prussia, Bavaria or Austria. State was to
them, as a thought, something immensely lofty;
and the materialization of this lofty image was
left to the coming, as it were, of the Messiah,
or of a person whom the Germans would be ready
to greet as the Messiah. From here the great
German misunderstandings dbxJCK derive; they date
back to this rift between the world of thought
and dream and the daylight of political reali^.
And in all this there slumbered yet a greater

danger, which other nations conceive of as the
German arragence and self-possessedness and

8

exaggeration of their own importance, namely the
fact that the Germans believe that theirs is a
I vocation, a mission which is by far to surpass
that of any other nation. Other nations have
found their fulfillment in their states, Germany
is to fulfill herself in a Reich which is to be
far more perfect and august and all-comprising
than all the national states of Europe. Germany ^
one day, will be the super-nation (superman was
not yet invented) , the microsmos of the general
European macrocosmos. And in this respect the
German writers carried material together to
prove their point of view. Germany, they said
was not only a country of the Germanic spi it,
but in Germany there intersected the Romanic
as well as the Slavic races. Germany was able
to receive the waters of all European springs
and wells and to transform them into something
unequal a»it to what other nations represent,
into something truly cosmppolitan and universal
and more complex than the culture of others
could possibly be. men of letters among the
Thus, from a political point of view the/Germans

were really without "Fatherland", and Goethe or
Hblderlin more than any other Germans. They
believed in a mankind-nation to be represented
by the Germans, not in a political German nation
because Germany ,«as a conception, was t<D great
as to be caiight in any political vessel. Says

^ Goethe:

Zur Nation euch zu bilden, ihr hoffet es,

Deutsche, vergebens.
Bildet, Ih konnt es, dafur freier zu Menschen

euch aus.

0

a

»

For the mutual approach of the two spheres of
state and culture the Napoleonic period was of
trenchant importance. Germany, the whole of
Germany changed in every respect. Under the
blows of Napoleon the empire as such ceased to
exist. In 1806, before the Prussian catastrophe,
the emperor resigned txa, the dignity of a Holy
Roman Empirer and became iimperor of Austria.
This implied that the individual German States,
constitutionally, kJKKxaoK were dismissed from the
association of the Roman Empire, outworn anyhow,
and became independent ,aLixa[ in every respect, on
the Reich. The frontiers were drawn not by the
Princes but by Napoleon. IxjiKx They are, in
S.Germany, those still existing to-day. Bavaria
pi then became a kingdom, so did lATurtemberg and
Saxony; Baden and Kesse became Grand-i;uchies.
The territories of all these states had been
considerably enlarged by Napoleon by his aboli-
shing tkc almost hundreds of smaller territories-
They had been strengthened by Napoleon so as to
be in a position to support him adequately.
In the North of the iy.ain he created the Kingdom
of Westfalia and the Grandduchy of Berg, to
mention only the more prominent ones, all of
which he comprised as the Rhenish Confederation.
The Northern states did not survive; but the souther..
<iid. The German problem changed once more. It
was to Germany's benefit that kioa Napoleon had
done away with hundreds of petty-principalities
and also with the ecclesiastical electorates
and principalities. On the other hand there now
..... . .nmher of middle-sized states in

were a

[2]

/

addition to jerussia and Austria, which would kx
prove to be a serious handicap in view of a
possible unification. These middle-size states
were organized after the French model i.e. they
were strictly centralized, used the Code Napol-
eon, and were Just big enough to create within
a sound state-organization with a particularist
consciousness, but not strong enough to act aiso
independently in Exiropean policy as they were
independent in constit tional respects.
But it was not only the geographical map which had

changed. The Revolution and the superb perform-
ances of the jc'rench Nation had made it clear
to the Germans that the cultxiral independence ckf
a nation and the cultural mission of -a nation
was greatly in danger if politically the nation
was impotent and a powerful state lacking.

France herself was a model for the combination
and oneness of the people's culture and the
people's sta%c. France was the model also for
the fact that the people all by itself was able
to direct its affaires, that the people took
active part in the political life of the state
and determined the fate of the state.

All this retroacted upon Germany. Very many
Germans indeed, and the best Germans in the
first place, hailed France rather their own
princes. If they believed in the creative powers
of the nation as represented in the "Voliisgeist"
they would hope that "Volksregierung" as oppos-
ed to the dynasties might bring a solution with
respect to the two dt±XKXS±x|;x non-concentric
orbits of culture and state. In France, even

?

before the Revolution, this discrepancy had made
itself rarely felt. The Dynasty stood for French
culture or even engulfed it; and when the dynast
disappeared the people as such took the king's
place and there again was no break. In Germany
no dynasty was representative of the creative
powers of the people. Dynasty and Volksgeist

had indeed very little to do with one another.

eany of
at/the best Germans therefore hoped for was

a removal of the dynasties, to establish a
Volksregierung which might more easily be brought
together with the Volksgeist. if the people
themselves governed the state, the chasm between
political state and national culture might be
closed, above all if the political state en-
compassed the whole of Germany and not only
a middle-size state here and a mifidle-size state

there.

These considerations eventually led to the
Franjfurt ji^arliament , the greatest example in
German history for the efforts Aiade to combine
both governing people and cultural people. These
considerations explain at the same time why so
much of the German tidtK±± cultural stratum
wheeled intj the leftist camp, being opposed,
jtiw:^ also against the later Bismarck solution.

For the Bismarck heich again was not able to

and vital ^ .^
give shelter to the main/ intellectual auutxxxj^

forces.

i

w

/

But between the Napoleonic period and 48 there is a
remarkable moment in which a sudden intersect-

■4''»

ing of the spheres takes place, namely in Pruss-
ia.
Prussia, in a very ill-considered way, had tried to

stay out of the Llapoleonic wars and had refused

^ ^, .^, Engl^ind, Russia. Suede,

to line up with AusTfria/a^^ainst Napoleon, In

1806, 20 years after the death of Frederick the
Great, she had manoeuvered herself into a war
against Napoleon which she had to fight single-
handedly. Within two weeks after the declaration
of war the Prussian armies were beaten at Jena
and Auerstadt (Okt.l4)j the fortresses capitu-
late with fevt/ exception such as Kolberg, where
Gneisenau was in command. A smaller success adt
in the battle of Preussisch-Eylau, where Scharn-
horst is in command, cannot change the results
of the campaign. In Tilsit Napoleon dictates the
peace-terms in July 1807. The Hohenzollern State
is almost wiped out: Silesia, Brandenburg,
Pommerania, Prussia, this is all that remained.
In this moment, however, there come the men who were
to reorganize the Prussian state. None of them
is really a Prussian.

The Freiherr vom btein was a baron of theEmpire

Pr in c Q
from Nassau; Haraenberg was an independent

prince. Scharnhorst was a Hannover ian, the son

of a peasant; Gneisenau was from Ansbach-Bayreutt^.

These four men set to reorganize the i^russian state

They were only half-heartedly supported by the

main
king F.W.III, an unimportant man, whose uaXjc

recipe of government was a stupid application

of a balance system, within the state. He would

fs?

/

appoint, say, Scharnhorst to reorganize the army
and would appoint a committee to support him.
But in the committee he would place all the
declared adversaries of Scharnhorst to preserve
what he thought' was a balance. The result was
that eacJJ single one of the gxwck big four was
stymied and hardly in a position to act.
All the more admirable is what they finally did
achieve, despite the resistance on the part of
most of the classes, the landed nobility in-
cluded.

Hardenberg introduced the taxation of the nobi-
lity, the payment of consumtion taxes not only
on the part of the people in the cities but also
in the flat land. He tried to go much further
than that, but found it impossible.
Stein freed the peasants and gave self-govern-
ment to the cities.

And Scharnhorst and Gneisenau provided for the
establishment of the "democratic" principle of
general conscription, and bcharnhorst, in
addition to that, established a rjriegsakademie.
As the former German State had been built up around
the army, so the reformers of 1807 thought of
reconstructing the army by means of civil re-
organization. This, however, does not imply that
they were not enthusiastic about the new ideas
X|uc popularized partly by the Revolution partly
by the literary movement at ^Veimar and all that
had to do with ^yeimar.

r«

I

Reaction and 1848,

The wars of liberation had a threefold goal:

•1) Liberation from Napoleon;
2) Mxlxs Unity of the Nation in whatever form;
3) Political freedom of the people within the

state.

Of these three goals the first was achieved, owing
largely to that wave of pan-German enthusiasm
of which the focus became Prussia, surprising
though this may be. That Prussia became the
centre of pan-German enthi^siasm, or of enthu-
siasm of the nation, was due to the reformers
such as Stein & Hardenberg, Scharnhorst & Gneis-
enau, who in turn kindled that fire by making
the first bold steps towards political freedom
within the State. Liberation of peasants, self-
administration of local units (cities, towns &
villages), general conscription on the basis of
equality, the proposed change of the military
oath at Stein's suggestion from an oath for the
"Supreme Warlord*' to one for "King and Nation",

iu>^

'u

at^.M><the abolishment of corporal punishment within

<

M>

J an army composed of equals and freemen - all
that w^JF^ steps towards a partaking of the
people in the government and at towards a combi-
nation of princely sovereignty with popular
sovereignty. Ideas of ^tvlmx llurianity , of |[UUE
Onity of the Nation, and of political freedom
of the peole within the individual state - and
at the same time the endeavour of making the
best organized state, Prussia, the most pro-
gressive state - these three trends were abso-
lutely interdependent on one another.
The ideas of the reformers had been carried through

I

only very incompletely. The king considered the
doings of his ministers what we would call bol-
^' shevism, and the nobility was against many of

the reforms. And even this incomplete work came
to a standstill after the end of Napoleon, after
the Congress of Vienna and after reaction and
restoration, symbolized by the Holy Alliance,
established their rule,
in short, point ONE beittg- achieved, point TWO was

almost forgotten and point THREE was suppressed.
As far as the miT^^QI^IM=MIi9S ^^^ concerned the
establishment of German BUND meant next to
nothing. To bring Germany together to one state
was a priori impossible considering the indepen-
ce of Hustria and jc^russia and the middle-sized
states. But William von Hmmboldt had worked out
and submitted a plan MiKfixittiigxtfixwkiBil to the
Congress of Vienna which provided for the aban-
donment of independent foreign policy on the
part of the princes and for as much of inner
equalization with regard to customs, army, in-
stitutions as possible. But from month to month
and from week to week his plan, and those of
others, were diluted until the Bund represented
a kind of "inter-German association", a "volker-
rechtlicher verein", with loi almost no obliga-
tions nor powers, in addition to all that, the

Thj /i-i nn nn flint mant Lft thi9' JSi^iQQt iWft»-^g<i^tllHrR^ •

isted, despite all the good
viWt^-^^i'stenoe of the Bund hinged upon the
concord of Austria and ±^russia which was guar-
anteed by nothing except the Holy Alliance
which again was unpopular for its reactionary
general tendency. Moreover, the Bund with its

permanent L^iet at Frankfurt was a representation
exclusively of the governments, of the princes
1 and not of the people.
The disappointment in this respect was general. But
the remedies suggested, despite all good will,
were nebulous. Every word uttered by Germans in
that period bears witness of the very deep going
enthusiasm for national unity, but also %n ■ri^w-'
iC' the ppolitical claims a wavering between
ideals of the past and those of a very distant
future, and a lack of workable political con-
cepts.

ilhat was almost generally desired was the re-
establishment of the old German Reich. But over
the magnitude of the mediaeval Empire, which/^ad
never corresponded to the dreams of the early
19th century patriots in Germany, tJ^oo^^^^»» for-
got completely that the Holy Empire had meant
nothing for many centuries. Moreover, the public
opinion claimed^ with few exceptions, that bwitzer
l^nd, Holland, Uanemark, and the Germano-Russian
provinces should return to the fold of the Reich.
This was not yet based upon imperialism. The
basis of these pan-German claims was "romantic**
as well as "pacif istic" . iWr^his new'\-^xmany
was to secure the European peactr and was to re-
present the centre of a European Confederation of
nations to come.

To do Justice to the Germans, we should realize
that corresponding plans and ideas were curre.t
in other countries as well, abo^e all in Italy,
which likewise believed in its mission of becom-
ing the centre of a European confederation, \inder
Italian leadership.

The possiDiiity of inventing unworkable solutions was
almost infinite, bome people wanted an Austrian
emperorship, others began to think of Prussian,
both groups though of an emperorship of one with
out subordination of the other: they sponsored
at the same time a general dualism of Austria
with the southern :Dtates, and of i^russia with
the Northern states. Catholic voices - Gorres
was the spokesman - thought of a triad of Bavar-
ia with tke smaller states, Prussia and Austria,
with an emperor and general federalism. Others
thought of some sort of unitarianism. The repub-
liccin idea both unitarian and federalistic was
not really developed; it became, however, the
program of the radical wings, what all that
amounted to in practice was the "squaring of the
circle", efforts detached from the reality of
the political world, un the other hand, the
sceptics had easy tM indicate the impossibility
of these plans but had nothing else to offer.
The only positive x±±m gain of these controver-
sies must be sought in the fact that in their
queer way the G-ermans began to think in politic-
al terms and that their so-called "poets and
thinkers" stood not so aloof from political
problems as they had been before.

111 f\ I I iliiiii (if dill 1 inf ^M Ml itii I n

■It JjJLul^ huWLiygi I 'm^ ^ve

ijermaf* jL'K#elile€flltB'ia was^nat a ho»o—

t

/

But whatever the programs may have been, the ideas
of National Unity and political Freedom were
usually one and interdependent on one another.
uf national unity in a purely political way, in
fact, few people were thinking. 1 was the means
by which Bismarck finally conquered in placing
the political unity above every other considera-
tion.

The charter of the German Bund had provided for
pxp representations of the people in the indi-
vidual states; but few and only smaller states
had introduced a chamber for representatives of
the people. Austria, irTussia, and the middle-
size states had done nothing in this direction.
To hold down every popular movement was about
the only point in which Austria and ir'russia were
in concord, and they used the Bundestag and
their preponderance at Frankfurt to oppress
the ideas of political freedom of the people.
Austria in particular had every reason to do so,
since political freedom and^n|tioiji|l.unJt^^we5e^
so closely connected. National unity/ however,
was something that, as a principle, would have
been fatal* to rvustria, a state established on
the governmental direction of unredeemed nations.
Therefore it was Metternich's policy also with
respect to Germany to keep down both movements.
^KXXKXKit And Prussia, by and large, followed the

Austrian concepts.
The result was that the ideas of National Unity and
ii'olitical Freedom, under the pressure i»9m the
governments, were radicalized. The words of

tyrannicide, self-sacrifice, rebellion, conspir-

a cy

tCiH,"^

•

/

were frequently heard; they were used in a dema-
gogical way^swfid devoidxii of the highraindedness
and humanism of the early generation, and theye
slogans were listened to, as usual, by the ropre
&^»tativ«s of semi-education and semi-culture.
Here there marches in the front i?'riedrich Ludwig

Jahn, the father of gymnastics, who not unjustly
has been styled "The First Storm Trooper". He
certainly was an idealist; wo was carried from
prison to prison, Ke had fought in the war of
liberation, had taken his doctors degree and
after the war fought for political freedom and
national unity on the basis of, crude and barbar-
ian Teutonism, introducing a "genuine Old German
costume" of uncombedness, long beard a la Barba-
rossa, and sloppy dress and manners., a kind of
Fornlosigkeit, which a certain stratum of socie-
ty would'. considered as sincerity. Ke spurned
cosmopolitanism because "humanity appears pure
only in f olkdom" , and thus he began ta spread
very much the kind of. slogans^ which his Nazi-
successors would use,ftF#»-^^Fuhrer of the people
who was "iron and fire" te-, ant'i-s emit ism, and
from abolition of classes .'national die atorship.
His followers, organized in gymnastic associa-
tions, were radical nationalists; and it is re-
markable that the Poles, Czechs and other not-
liberated peoples took up his ideas, forming
sokols (athletic societies) of radical national-
istic and anti-dynastical character.
Similar movements were found, in Germany, among the
students who formedx their Burschenschaften,
a kind of nationalistic fraternities MiA put up
against the upper-middle class student co^jora-

/

At the 'tortburgfest in 1819 (Quatrocentenary of
Luther) these Burschenschaf tier talked themselves
into political excitement and furor; they burnt
reactionary books; they finally made an attempt
against a minister of State, and topped their
patriotism by murdering a harmless poet whom

they disliked for political reasons and not,

n « inferior

unfortunately , for his ver}^ Mi poetry. They

were quite used to listen to bad verses and to
be inflammed by them,

Jahn and the Burschenschaf tier reflect the coxinter-
action against governmental apathy in the
questions of National Unity and Political Free-
dom, It was the reaction on the part of a semi-
culture, patriotic atiut but th0roughly unpleasant

7 all the more so as these elements almost dis-
credited the corresponding efforts on a higher
level.

For efforts to solve the two problems on a higher

level went on. They culminated in the revolution
of 1848 and the Parliament in Paulskirche,

The Deutsche Bund, as I have mentioned, was a league

of German governments, not of the people. There

was no representation of the people at the

normal diets of Frankfurt. The Revolution in

all the German states brought about a change.

Every German state delegated some members of its

own, old or new, representations of the estates

to Frankfixrt where they formed the National

f Assembly.

What they claimed was a head of the Bund with
responsible ministers, a senate of the indivi-
dual states, a house of commons with one

•

/

8

elected representative for TOooo votes; unifica-
tion of the army, diplomacy, custom, coinage,
justice with a supreme German law court, post
and other institutions an4 a guarantee of the
political freedom in the individual states.

It was a moderate liberal program which was to be

crowned by a national constitution. But here

came the difficulty. The National Assembly

passed the resolution that

No part of the German Reich may be united
with non-German countries xxxsKKxxlxJtBX in

one state.

Thereupon Austria, which had kept aloof and

struggled against her inner rebellions in

Bohemia, Hungary and Italy, declared this an

impossible solution:

Austria cannot dismiss individual provinces
from the Habsburg Monarchy; the German unity
must be sought in such a way that Austria can
1 remain in the Reich without dissolving its
* ov/n monarchy composed of many nations.

Not only as late as 1848, but quite a while before
this date, many a German had realized that
Austria would be opposed to political freedom
angL natignal unity, as these two principles
soxotJK the A&xtxlXK principles on which the Habs-
burg Monarchy was resting. Many a German, though
at heart not friendly to Prussia, began to think
of Prussia as the redeemer. Prussia would not
be opposed to national unity; her impediment was
the fear of liberalism and political freedom
v/hich sfte had foresworn when driving in the wake
of Metterhioh. However, the hope of many Germans
was that Prussia might turn liberal, a liberal
Prussia might have been the solution. A liberal
Prussia to be engulfed by Germany, not a German
Nation to be engulfed by Prussia became the

T

slogan of the pre-48 generation.
Now, in 48, there, happened what was inevitable.
A const it ution^was accepted in March 49, with
ltxxfitKXXfiR±}c a majority of only 4 votes (267-63)^
providing for a hereditary imperial dignity.
Against it were Austria, the south-German states^
the Clericals and the radicals. The Clericals
were against it because Protestant Prussia
would probably be the only candidate; the radi-
cals because they were against the monarchy and
for a republic. The following day the King of
Prussia, F.W.IV, was elected with 290 votes
while 248 refrained from voting. t4Ai»f^ta.>^
The Prussian king declined wxlk and gave the ifte^red--
ibly tactless answer that he would not accept
the crown from the hands of the people, thus fft,u.c^
j^yr^asitt^^rfi* a divine right of an absurdity such
as it had never existed in the Middle Ages. On
the other hand, he could not have accepted it
against 248 votes unless he was willing to
force, sword in hand, 50?^ of Germany to recognize
his imperial power.
This was practically the end of the National Assembly
whose constitution thus had been rejected by the
whole nation, or by almost the whole nation,
since j^russia recalled her representatives.
Germany, in fact, never overcame this shock. The

Reich, it is true, was founded. But something
was definitely destroyed which was alive in
48 and thereafter disappeared: a self-confidence
of the people proper as opposed to the
professional governments of the princes

slogan of the pre-48 generation. And when now,
in 48, Austria refused to co-operate or to ac-
cept a constitution according to which non-
territories
German/may not be united with a

/

lu

Bin its disappointment about the shipwreck of the

»

high-Strung ideals of 48, the liberal intelli-
gentsia destroyed the spark of /.ide'als and arts
Which still had been glov/ing in the Goethe^ and
post-Goethe generation. In the name of real
policy there carae ^ primacy of Wissenschaft
before arts and letters • In 48 the scholars and
poets had gone to Ffm to materialize an ideal;
they failed, and after 48 the scholars gave up
their kJUQaHity basis of humanity and ideals^
to fling themselves just as whole-heartedly
into Realpolitik. Everything "anti-idealistic"

was considered Realpolitik; sush^ ''anti-
idealistic'* was, according to former terminology ^
in the first place politics and the actual
state. ^Very correctly it has been said that this
J so-called realism of the state delivered the

state of its idealistic elements just as in the

Renaissance it had been delivered of its spirit-

What remained was a disenchanted,
ual elements* IdxxxxKK nnnmr state reaiismi^

kjfi]issicKx^m3aDiQDiia]B±m±9&xixiyaj^

deserted by the .ideals of former days, a state-
mechanism •- 'V^«CC>v«'<xl«,«A^

KXiskiRfluc/^ such as it had been established in
Prussia in the 18th century, with the difference
hov/ever, that this mechanism, intellectually , was
adopted by the nation and was looked upon as
realism.
If translate^that into terms of our diagram, we would
have to say that until roughly 48 the German
intelligentsia, still under Goethe's influence,
would have thought in terms of

Humanity -»- German Nation. %^ctM4i^0f ai-T{u4 ,

After 48, Goethe's idea of "Humanity first"
grew paler and paler and in its stead tX* Kx-^aa^

t

t»

/

11

German N^tiqn_ -h Prussian i^tate
began to pull together^ and this cuple created
indeed an unfortunate state of mind. It created

y C->t/W>i4 QljU-A^ ^

^•a, form

tic kXJUEXBf

on the altar
of which yr howQver.^ humanity gradually was sacri-
ficed for the sake of political realism and
political succesSiC, pafWi^f-^"** ^^^^a^Kt^KLtw^
That is to say, as humanity ideals and cosmopol-
itanism alone were not able to establish the
Reich, Germany, as it were, threv; all thkt over
bord, and embarked' instead on political realism
without or with a very little cargo of cosmopo-
litan, humanism. This latter vanished rapidly.
XkKia.In the time 'i^\iQn Bismarck showered politic-

A

al successes upon the Germans, the former high-

W-ll ali¥e ill #6 was re-

minded humanism

OV«Xm

presented^by a small handful of men, Jacob
Burckhardt and Nietzsche in the first place.
And these^reraained without ; ^^disgusted by the
state without soul which arose in Germany.
And along with these remnants of a bygone age which
had worshipped cosmopolitan humanity there were
taws found two other groups which, for quite
different reasons, found no anchorage in the
harbour of 4^ ^^^x^i^ukT

German Nation + Prussian State,
namely the Catholic Church and the Socialists^
These three powers - let us call them *'Lovers of

1

i\ M

humanity" , ^Catholics and^Socialists - had little

to do with one another. In fact they were host-
ile against eachother, so much so that until
1935 they n^v^r were able to line up effectively.

t

/

12
The most interesting of these groups is certainly
the first one. Catholics and Socialists formed
the opposition of almost all Eiiropean Government':
after 1870: iaixjeraRM:^ in Austria, in Italy, eve
in France. The reasons are obvious: both had
their center in a spahere beyond the Reich; they
might have felt German which they did, but not
Prussian, nor prussified German.

Much more complex is the problem of the antinomy

against the new military state on the part of
the very best representatives of the German
Geist, a phenomenon which to.Sontag always finds
so difficult to understand and which often he
finds puzzling.

In a way, perhaps, the French Ambassador to Berlin,
M.Francois Poncet, provides an explanation who
early in 1933 said "Les boches ont vaincu les
Allemands".

Now the boche, as Germans understand it, has much to
do with the top-sergeant ideal, that is to say
one xever and definitely non-comriisioned by
Graces, Muses or Gods, though considering himself
entitled to command all of them. Unfortunately
he is not restricted to the baracks or parade-
grounds. His mentality, non-commisioned in every
respect can be found anywhere; in the government

and in the .Vilhelm-

1

strasse, on the academic rostrum and on the
pulpit as well as to the feet of both rostrum &
pulpit, in the ateliers of artists, and in the
shops of small dealers and artisans, in the low
as well as in the high aristocracy; and it reach
ed the throne itself by the end of the 19th
century .

i

13

Opposition against this species of Germans awoke at
an early date. Best known is Hblderlin's curse
against this Germany whose dawning he visualized,

(Quotation. )
Goethe, too, dtxxiiksdt held little of patriotism
in the lower regions and hatred of other nations.
i./hen asked why he omitted to write songs of
hatred against the enemy of his country, i?'rance,

he answered:

"Confidentially i do not hate the i*'rench. Sine ^
to me culture and barbarism are the only crit-
erions of significance, how could I have hated
a nation which is one of the most highly cult-
ured on earth and to which I owe so large a
part of my education."

And more explicit on another occasion:

"It is a peculiar thing about national hatred,
^ou will find it in its strongest and most
violent form on the lowest level of culture.
But there is another level where it disappear-^
entirely and where one rises, so to speak,
above nationalism.

However, relatively few men, with the exception of
Catholics and bocialists, opposed the second

Empire.

Nietzsche, of course, did though fools make him
a Nazi iKlifli of whom every word is a violent blow
against Nazis, including his V/ill to Power; and
the Nazis are careful to use him except for a
number of slogans. But they forget the A and 0
of his teaching, namely his saying:

"To become a German one must de-germanize
oneself."

Ee detested the Black-V/hite-Red climate which
definitely corrupted, as he thought, the German
taste.

Ti, , . K rDy ^. o A ^ *f '

14

T

(Burckhardt qufttation)

And in a like wise, ^itefan George in the 90ies
makes the Rhine allude to bl.w.red and speak in
this way:

"The nauseous rubbish of ruddle, chalk & Tar,
I spit it oul into thk cleansing sea...

Or styles Berlin tkx

The place of whoares, of armed and commercial

thralls,

and alludes to William 11

Now that the thrones are held by prancing toa-
dies
';;ith airs of brokers and with boastful rattle

or scjioffs at

as a prop
"Derisive kings with crowns good ffiixxlksxxix^K

(

Now these voices cursing the new Bismarck Reich
are partly the same who would speak in a very
positive manner about another Germany; and this
brings us to the difficult and important prob-
lem of political prophecy.

m

I

Nazism ana nc;;:iruarigation.

'i'here is at present a turmoil of diswusions carried
on ahout the origin and the reasons of National

Socialisi;!.
There is a favored militaristic thesis interpreting
Nat.Soc. as a creature of the German Army, the
German General Staff and the German Junkers.
The military cast, it is said, *hich had lost
its ruling position after the war, tried to
reinstate itself by means of the popular move-
ment , while the illegal free-corps of the post-
war period formed the transition from imperial
army to the Nazi storm troops. And in fact all
of us know that Hitler began his career by an
underground co-operation with the army.
There is a capitalistic theory maintaining that the
capitalists, endangered by socialists and commu-
nists, tried to regain their power by means of
the declaredly "anti-bolshevist" movement of
National Socialism; and there is no doubt that
the capitalists, and by no means only those of
Germanj' but those all the world over, have their
considerable share in the rise of National Soc.
just as they have their share in the establish-
ment of Fascism,
There is a pnlitico-diplomatic solution which derives
Nazism from the ef I'ects of the Peace of Ver-
sailles.
Others again Isaii xxdtilalK a national pyychology of
the Germans responsible for Nazism. They build
up psychological family-trees of modern Germany
and trace the roots of N.Soc. back to the

various periods of their personal studies.

/

There is also the Gangster theory holding that the
^ Germans have been overpowered by a gang of
" criminals and who consider all that has happened
as a mere ''accident" achieved by both propagan-
da tricks and coercion.
All these theories, and many others as well, are true
up to a certain point, and that is why each,
taken by itself, is faise. And even if we add
the elements of inflation and depression. Youth
Movement and Dynamism, of Darwinism and the
survival of the fittest - all these additamenta,
correct in themselves, are symptoms rather of
the same general disease than the reasons.
In the very last analysis Nazism all by itself is a
symptom, the symptom of a general trend tov^ds
collectivity, towards a profoundly anti-individ-
ual attitude the solution of which is collect iv-
ity in the form of organized naasco.
Mussolini once established the following anti-
thesis. "The homo oeconomicus, said he in 1935,
is dying, its place is taken by the homo corpor-
ativus." Komo oeconomicus means the individual-
ist entrepreneior, means individualism, in the
economic sphere, which he believes to be super-
seded by the corporative man.
The trend towards collectivity is an inter-European
featixre at the beginning of which, as all of
you know^ is the industrial revolution, is the
technic which can work only co-operatively, is
the rise of the masses and the necessity of
their organization. Its correllittye is, what we
may call, the completion of the individual and
its rights by the French Revolution. vVhen the

•

establishment of the individual was completed,
the retroactive '=?ttempt to establish a collectiv
order :c^an.
The question, therefore, is not why Germany, too,
surrebdered to the idea of collectivism, for
National Socialism is not an isolated pheno^ero^
But the question may be this: "Wh^^ did only
GeTT^i^ny discard the idea of Humanity proggammat
ically, as it were." The horrors heaped upon

horrors surpass those committed by other revol-

But
utions, to be sure. The work of the ^riillotine

in the French revolution ±m not less bloody than
I'lLzi firing-squads; and the Russian as well as
the Fascist revolutions show a respectable score
of political murder, too.

1

I

establishment of the individual was completed,
the attempt to establish a collective order be-,
gan. This, in fact, is something that all the
European peoples have in common: Russia and
Italy in addition to G-ermany are the outstandings
examples

^

united. Suddenly she had become a world power.

Intellectually she was ill prepared for the

position she had reached so abruptly. She was

united; by was she as yet a nationv In Italy

Massimo d'Azeglio, one of the unifyers, said:

"You have unified Italy; now the greater task

"lies ahead: you must become Italians." Germany

had not yet a German style; she was an as<;:l0!!ier-

ation of provincial customs and regimes under

the control of Prussian discipline. As a result,

the new Germany confounded nationality with the

acquisition of material power, with the function-

ing of th-^^ °tate, lof»/ing aM±Ae -oui' "tliiid^'

sphere". She began to compensate for all the

centuries of political inferiority and for her

emulation of France and England. She became the

UDStart, an unpleasant intruder on every part

already
of the fragile v^orld system, especially after

the dismissal of BiSL^arck. She disturbed with a
kind of naivete the all-too-delicate balance of
power system and the no less delicate system of
world ecomomy; and in turn, she aroused the re-
sentment and the envy of the other nations
which claimed to be interested in every world
marlicet where- and whenever Gernian^' tried to
dump her own products.

The other ele-'ientary force which threatened the
system of the world bourgeoisie in general, was
the socialist movement. You have discussed all
that in your first semester. Here I may add the
whole problem of the organization of the masses.

*»

I

You know that Germany tackled this problem partl<^
by suppression, partly however in a ver;/ posi-
J tive way by reglementation from above.
I do not pose the question whether this solution
was perfect; but at least it was one of the
first efforts to arrange government and masses
in a way which became exemplary in many respects,
above all the idea of the organization of the
masses. German^' did not really assimilate the
masses or give them a national style which, e.g.
the iiinglish Labour Party doubtless has. We must
not forget that the complete co-ordination of
Germany's forces was an achievement of the first
world war. And it was in the W.W.I, also that
almost universally labour was nationally organ-
ised for the first time. The masses of labour,
which had had their own organizations, their
unions and co-operatives, had been organized
partly through the army, partly through the
government ally controlled war- industry. Ho\;ever,

for the first time labour had been organized

a s
nationally, or - seen from those above - it

had been organized "patriotically", whether the

laborers wanted to be patriots or not. This made

little difference.

To make labor patriotic and at the same time to

organize the masses, this appeared as the great
problem in the last years of the German Monarchy.
The Monarchy failed, and the Weimar Republic
was helpless in this respect. Fearing constant-
ly the counter-revolution, at least in the first
years, she refrained from emphasizing patriotism

/

as for instance the French Third Republic had
done. And to orfjanize the masses by governmental
I decrees was likewise not possible because the
Republic was bent on the support of the labour
and also of the middle classes, which in turn
were afraid of bo!bhif ication and Russian exper-
iments.

The great moment, of course, was Mussolini's
revolution, his effort of both organising the
masses and regaining them for the nationalistic
purposes of the state. The influence of his
example cannot be minimized j it was enormous.

However, it is important to realize that the states
which had nationally as yet not attained their
own style, their form and gesture, were xtxtkK
xxBDKxtiBQK exposed to solve also the problem of
the masses under conditions which were much less
favorable in their countries as elsewhere.
They had not one but two problems to solve.
They tried this by denying values to different
degrees.

of this second camp we owe one of the earliest and
almost prophetic descriptions to the pen of
D.H.Lav/rence, who in 1924 wrote the following
Letter: (Viereck,270^.

This, as I believe, is one of the very best descript-
ions of the German trend towards pre-historism
including that toward colJectivity ,
"Yea, says Hitler, we are barbarians , and we
"want to be barbarians. It is a title of honor.
"We are those v;ho shall rejuvenate the world.
"For this world is about to end."
In this National Socialism is unique as compared with
other revolutions. Horrors heaped upon horrors
all that occurred under the regime of the
guillotine of the French revolution, in the
^' kiRii period of Bolshevist political murder or

"^ of Fascist crimes. None of them, however, abo-
lished progranraatically the idea of humanity as
did the Nazi Nihilism.
The tribal ideal explains many a feat\ire

I

\

11

7

*'Long voluntary subjection under individual Fuh-
rers and usurpers is in prospect. People no lon-
ger believe in principles, but will, periodical-
ly, in saviours. »* For once the historian has
his eyes fixed to tr.e future & not only to the
past.

It was a secret only to the many within Germany and
without, ^ not to the few, that the country tren-
ded toward dictatorship. AxxKsriyxaxxi88«:f That
a madman might come to power was taken into con-
sideration. That a gang of criminals would do
the job, seemed not impossible though unlikely.
However, as early as 1898, Stefan George had
written two short distichs in which he said:

"The man, the deed, that is what all are
yearning for. Don't rejoice! Maybe that one
who sat for years in your prisons will come
and do the deed! "

XKt tte certainly did not think of Hitler in

Landsberg, but foresaw the type to come.

This brings us back to the promises and prophecies

which I mentioned in connection with Holderlin,

a line which until now I have neglected. Let us

pick up the thread.

mediaeval
The role that political prophecy played in tkmxMliiiiis

history is known to anyone who has just sneekied
into that period or has taken the trouble to
read less than a page of Dante. The role of
political prophecy within modern history has ^^
as yet to be investigated systematically. It is
^unsufficiently recognized that it was a ferment
active in the history of most European countries
Qvgft during the 19th century - in Italy and in
Russia, kKt also in France and England. However
this may be, the strength of this political

•

12

I

{

secularized Messlahnism in Germany cannot "be
overestimated. /It is one with that Dualism v/ith-
in the nation; for every great German^ wfeo cursed
his country in the one way, fostered at the same
time, in another way, the hope for a better Ger-
many. There is Schiller who wrote in 1801:
"Every nation has its day in history, but the
"the day of the Germans will be the reaping of
"all times."
There is Heine who warns the others that
"the hour will come that, as on the steps of
"an amphitheater, the peoples will be grouped
"around Germany."
There are other voices whom time prevents me to

mention.

.This wave of political prophecy calmed down when the
Bismarck Reich was founded and people believed
that this was the fulfillment of all the pro-
raises. Barbablanca took the place of Barbarossa
in the Kyf fhauserberg and Bismarck became the
Roland, and Bismarck's features began to shape
the "Roland Columns" of the North German cities.

But this wave spraied, higher than ever before, when
the war was lost in 1918. Not a schoolboy that
would have been ignorant of the unredeemed pro-
mises and would not have expected their redemp-
tion daily as mediaeval men expected daily the
breaking of Doomsday.

When the piper came he baited the youth. He made them

believe that it was he who was the "redeemer"

foreseen and promised for centuries. With' his

• secret organit^.ation, which was military at the

same time, he made every youth believe that

these youngsters were, as it were, petty redeem-

ers ,