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On Racial Discrimination . . .
Page 2
EDITORIAL
Monday, March 25, 19631
Deprivation of Const it ut i onnl 'MA
UNIVERSITY OF Nebraska law stu
dent, Dennis Winkle, has filed a suit In
Federal District Court alleging depriva
tion of his constitutional rights by a re
cent detention of Winkle by Lincoln
police.
This may prove to be a break
through in bringing to a halt oppressive
and unconstitutional action by Lincoln
police. Unlawful seizures, detentions, as
well as threats and attempts at intim
idation must not be allowed to remain
part of law enforcement in a demo
cratic society.
FURTHER, SUCH actions often re
sult in the frustration of justice as, wit
ness the fiasco involving the Les El
gart narcotics episode. It is regrettable
that this must be the s result of police
incompetence. University students have
not been immune from the unconscion
able practices sometimes maintained by
law enforcement officials. It is refresh
ing to find a student aware of his rights
and liberties under the Constitutional
guaranties of both the state and federal
systems and possessing sufficient cour
age to challenge infractions by the mu
nicipal officials.
Perhaps the action taken by Winkle
will help substantially to eliminate the
tactics which are so explicitly con
demned by the Constitution of both the
United States and of Nebraska. It may
be that police officers may even be cau
tioned to avoid such practices and re
ceive a minimum of instruction of the
constitutional limitations placed on the
arrest and detention of individuals.
IF DRIVING down the street at 3:00
a.m. constitutes cause for arrest and de
tention, then we have indeed reached the
police state which cannot exist in the
United States.
It may appear to be a trifling mat
ter unworthy of the cognizance of a fed
eral court, but it is obvious that such
infractions would snowball into a whole
sale forfeiture of constitutional liberties.
Such is the enviable position of the
American student to fear this depreda
tion and to challenge it whenever it en
croaches. THERE HAS been a steady progres
sion of cases decided by the United
States Supreme Court evidencing an in
creasingly growing concern for the rights
of the individual to be secure in his
person from unlawful searches and seiz
ures. One cannot be arrested without
probable cause and informed of the
charges and accusations against h i m.
Further, without undue delay he must be
presented before a magistrate.
In the situation' presented by Den
nis Winkle, we see a multitude of viola
tions of constitutional rights. There was
no probable cause for the arrest; he was
not advised of the charges against him
or presented for arraignment before a
magistrate, he was not allowed to re
tail counsel. It is unquestionable that an
individual cannot be detained without
cause and yet, when Winkle asked to
leave, he was detained against his will.
THERE IS NO frivolity involved; no
miniscule of harm. If one is not to be
accorded a remedy for the deprivation
of his rights, there is no sanction to elim
inate the deplorable conduct by the Lin
coln police. Winkle has prayed for a
$48,000 judgment and that the defendants
be "permanently enjoined" from further
violations of his constitutional rights.
Regrettable is the fact that many
persons do not understand the basis of
the constitutional guarantees of which
Winkle was deprived. Certainly, the
maintenance of these liberties and free
doms involves a certain cost to society.
Admittedly guilty persons are allowed to
go free sometimes when their convic
tions were obtained through the use of
an unconstitutional search and seizure,
an unlawful arrest or detention, or a
coerced confession. It is clear that such
a result is a small price to pay for the
sanctity of you and I as individuals to
remain free from police oppression.
IT IS TO be hoped that responsible
persons in the Lincoln and University
communities are aware of the momen
tous issues involved in the principle pre
sented by Winkle's petition for relief. It
cannot be tolerated that innocent citi
zens are subjected to such oppressive
and clearly illegal tactics.
If this writer's desires were to be
fulfilled, each and every reader of this
writing would personally apply himself
to the eradication of unlawful police ac
tion. FURTHER, IT is urged that Winkle
be encouraged and congratulated in his
fight for the principles of constitutional
liberty and his justifiable vindication of
the gross deprivation of his rights.
-S.C.
TO THE EDITOR:
A rwai.it issue of Life
(March t15, 1963) carried
a Special Report (page
15) in which the author
commented on the rude
treatment extended to
dark-skinned African stu
dents studying at Iron
Curtain universities, spe
cifically Bulgaria.
To me, the most poig
nant thing was that in
many ways the situation
described par a 1 1 e 1 e d
closely the conditions to
which a black-skinned or
dark-skinned foreigner is
subjected to here on the
campus of the University
of Nebraska.
Further, many humili
ations and embarrass
ments are piled on out
side the "sanctuary" of
the university grounds,
especially in the outlying
suburban towns.
. Many hypocrites and
pseudo - internationalists
are going to deny violent
ly the above mentioned
ideas. But if they can ans
wer affirmatively any of
these questions the author
will retract his state
ments. 1) Can any dark-skinned
or "Negro" foreigner se
cure decent housing
around the immediate
periphery of the univer
sity, especially if he has
a family?
2) Can anyone of the
male species fraternize
with the "white" girls
without invoking wrath of
the powers (sororities,
fraternities, univer s i t y
officials)?
3) Can anyone of them
attend school functions
open to the student body
without receiving harsh
glances?
4) Can black-skinned
foreigners enter any of
the local pubs without
either being ejscted for
cibily or served contempt
uosly? 5) Can any one of them
'(male or female) dare
enter a barber shop or
beauty parlor in "down
town Lincoln?
I could go on endlessly.
However, I'll stop. From
my own short and un
pleasant experience, I will
tell you that he or she
just can't. This situation
is primarily so because
the Negro student, is not
accepted as an equal. He
is tolerated.
This toleration has per
sisted . and will continue
to persist because of the
feeling of white invinci
bility and superiority that
permeate all facets of the
university life. Even the
professors are the biggest
hypocrites. Ostensibly
there are those people
who appear liberal or in
ternational minded, be
cause this is the fashion
able thing in some social
circles, that expend a
friendly hand convenient
ly, but when given the
acid test are found ter
ribly wanting.
The same applies to the
proliferation of existing
organizations professing
to foster better human re
lations. Sometimes I won
der whether it would not
have been much better to
put the signs as they do
down South rather than
subjecting the individual
to this subtle, pernicious
type of discrimination
which has a lasting and
devastating effect on the
emotional make-up.
The paradox is that to
morrow these same white
Roman gods and virginal
goddesses will join the
Peace Corps to go to some
distant Latin American
country where they will
, mix with black-skinned
illiterate natives to preach
about the wonderful Unit
ed States of America
where there is equality for
all, regardless of race,
creed or color. How long
will the farce continue?
Who is fooling whom? In
cidentally, in some of
these countries there is
racial harmony.
If anyone believes
that the situation des
cribed above is not true,
please check with any
black - skinned foreigner
on campus. The results
would be interesting. The
results may indicate that
the various agencies con
cerned should re-assess
their thinking and values
in terms of what consti
tutes decent treatment to
another human.
Or, maybe they believe
he is not a fellow human
because of his color.
Think about it.
ARTHUR RILEY JONES
Cm
PRO-Pi
I medial sabot. WT' 'If I ft ;
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TkLha&kaiv
dpplaudtu
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1963 of the Alpha Chapter of
Sigma Tau, national honor
iary engineering society:
Allen Otte, president; Gary
IKlussman, , vice - presid e n t;
iMesna ettyWaii,,' secretary;
f Michael : White, ' ; treasurer;
fGordon Pinney, historian;
land Tom Ragland, correspon
dent. Faculty advisor is Prof.
Uames Wolford.
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