We had established the policy of academic freedom, which is the one
that's traditionally that of any major university in the United States.
In fact, I have looked at quite a few of them, they were Trustees when
they first qualified the code of the University had carried forward in
the laws of the institution. A very full and complete statement about
academic freedom that was drawn-up by Victor Bryant. The idea there was
to codify what was, at that time, a common law tradition, so that
everybody in any one of the campuses would know exactly where they
stood. What rights were there. What guarantees were there. And the Board
adopted that, and its in every document that I've seen since then. I
believe its still in the codes, if they didn't delete it in the last
three
[unclear] . As far as I know, we had
been following all of the accepted practices. Those were very tense
times. As far as I have been told—now, this is all hindsight—but, what
really went on here was an accumulation of irritations. Not only
speaker's, but a lot of the things students were doing, at the time. The
post-World War II tensions, and anxieties that were in the air. The
racial problem that was so much upon us in the '50s. The Brown decision.
Petitions for admission to the University here. The undergraduate, and
graduate applications that went to court. All of those things created an
atmosphere that people who were a lot more conservative, and a lot more
anti-university. I don't mean that in a sense of anti-Chapel Hill, so
much, but anti-intellectualism. You see this periodically in the
country, about every twenty-five years. Well, they had been talking
among themselves, apparently, and of course, none of this got to us,
because they wouldn't let us know anything. And we had been merrily
going along through this session. And we came up to the very last week,
literally the last week, and I was sitting in my office one afternoon,
about this time, and I got a phone call from one of the fellows over
there from the Institute of Governor's State. Said, "Did you know about
this bill?" And I said, "What bill?" And he read it to me. And I said,
"Read it again." And he did. And I said, "I'll be right over there." And
Fred Weaver was working with me at the time. And I got in the car and
drove straight way to Raleigh. And walked in the lobby of the Sir
Walter, and I was met at the door, right at the main entrance of the
lobby there, Hathaway Cross, who was a lobbyist at that time, and he
said, "What are you doing over here?" And I said, "You know full well
what I'm doing over here. I came over here to tell you what you were
doing to the University, with this kind of legislation." And Clarence
Stone was then the President Pro-tem of the Senate, and they had great
irritation with me. They just dressed me down for showing any resistance
to it. And said I should leave this matter alone. It's a legislative
question and not bother it. It was there business to set state policy's
about matters like these. Well, we got to work, and over night—and we
worked literally all night long—to force a reversal of this, and came
within four votes of doing it. I think it was twenty-three to nineteen,
I think, the next day of the Senate. But the thing that was so bad about
this experience was, that here was a piece of legislation, that was
never filed in the traditional way. That the people were not given
notice of the law. There were no notices given to anybody that was
impacted by the law. There was no schedule of hearing about the law. The
rules were suspended. And the bill was enacted under suspension of rules
for three readings. All at the same time. A very craftily, engineered
piece of legislation, that swept through there. And we tried our best to
reverse it the next day. And came that close to doing it. But that was a
very bitter experience to have to go through. And then set off all kinds
of controversy.
Page 2Faculty resolutions, all kinds of
student actions, and then the Board itself; especially the Executive
Committee, started debating this. We kept bringing it up all the time.
Trying to get a new policy. Trying to force a change here, because this
was a very humiliating thing to have happened. The difficulty here was
that you had to deal with people, in a legislator, who had enacted a
piece of legislation. And trying to get them to reverse something, as
openly and publicly approved, as this was. And it received—not from the
editor's of the State, but from the public general news, American Legion
and all of these people. It was their bill. Great stuff. And it was a
long and torturous journey, that led to a special session, a special
commission chaired by David Britt, about hearings in Raleigh which, in
terms of the University's statement of its case, in my view, was as
eloquent a day, as I've ever heard. People like Vermont Royster, William
Aycock, a whole parade of people came from everywhere. And all of us
made our statements. And all of this was a matter of record, and special
publication that came out, at the time. And then they sort of tried to
compromise. It became apparent as this worked on, that the only way in
the world that this was ever going to end, was with a judicial decree.
Because, the trustees, and legislatures, and different administrative
agencies can change policies, that can do with or do without, but
there's one thing nobody can ask you to do, and that's to disobey the
law. And, the then president of the student body, by the time we'd come
to this point, a young man named Paul Dixon, and lots of people who are
strong liberal bent, didn't feel like we were prosecuting this thing the
way it should have been. But I was doing it in a way that I couldn't
talk about. And he, Dixon, kept me fully apprised of every move he was
making, so that we'd inevitably come to a law suit. Because the
Executive Committee, prior to that quite a series of conversations had
reversed and turned down a motion that I made, and brought to them,
which was the only time in thirty years that the Executive Committee and
the Board of Trustees ever turned me away, so to speak. And that was
quite a shock. And people like Watts Hill stood with me. But Tom White,
and the Eller's felt that they couldn't do it, and they went the other
way. And all of that's in the Trustee minutes. It was a sad day. But I
knew then that I was faced with the problem where the Legislature had
expressed itself. And now here the Executive Committee and the Board,
had done itself. And they were pretty much in alliance, in a sense of
not completely negating the law, so the only recourse was the courts.
And Paul arranged the suit. Then came the situation down here on
Franklin Street, and the national humiliation that came from those two
men, being on one side of the rock wall, and several thousands of
students over on the other side of the rock wall, eighteen inches apart,
and the University was pictured all over America. As dramatically as
that was that day. I think, really the lesson that was learned from this
experience, everybody who was at fault in it. And there were literally
hundreds by the time it was over. And you've got to give McNeil Smith a
lot of credit here, for working with the students and others. And I
couldn't talk with him, but—for the obvious reason. But, please note for
twenty-five years since that opinion, there have been people on the
campuses on the University who were far more contentious, in a sense of
who they were as speakers, like Louis Ferrankah, for example. And
anybody involved in this series of events leading up to the law. And I
tell you, to be salutary that really happened here was that everybody
had an enormously intense, but very lasting experience of learning
something about freedom. They learned how costly it is to turn it away.
And how important it is to absorb it, as a part of the way you live.
Now, this had an enormous amount of momentum that generated from all of
the faculties—some of them, not everybody. The great and sustaining
support from the press of the State. The News and Observer, the
Greensboro Daily News, the Charlotte Observer, the Winston-Salem
Journal, the High Point papers. All of them rallied behind this. And it
took us a long time to pull it off, in a sense of getting it to
litigation. Doug and I give McNeil Smith a lot
Page 3of
credit for this. Although I've never discussed it. And when that day
came and the decision was rendered, and we were put back to where we
were, the University had endured a crises that, I think everybody is
stronger in, but its a terrible way to have to learn. And I would hope
never would repeat itself again. There was an awful lot of work between
the day of the enactment and the day of the decision. And I've
telescoped a lot of it, but its so far back, that I can't recall —