THE WEATHER FALLINC TEMPERATURE TODAY Y tr at l 'FIGHTS TE naD LI EAM; I DUUN THE GOPHERS I-- - Vol. XXXIII. No. 53. ANN ARBOR, MICHIGAN, FRIDAY, NOVEMBER 24, 1922 PRICE FIVE CENTS pns _ , - -- ..._ BUTLER NAMED TO FILL VACANCY, ON SUPREME BENCH IIARI)ING SELECTS DEMOCRAT TO SUCCEEI) JUSTICE DAY, RESIGNED HAS PRACTICED LAW IN. $TP AUL S IN C E .1894 11ws Frequently Appeared in Court Arguing Many Imporiant Cases (By Associated Press) Washington, Nov. 23.-The nomina- tion of Pierce, Butler, of Minnesota to be associate justice of the Supreme court of the United States to succeed William R. Day of Ohio, resigned, was sent by President Harding today to the senate. Mr. Butler is a practicing attorney of St. Paul, 56 years of age, and a Democrat. He was admitted to practice before the Supreme court May 26, 1894, and since then frequently has appeared before that body in the argument fof important cases. The nomination will place upon the bench of the highest tribunal, anoth- er lawyer who has not won the er- mine by previous service/ upon the bench. Like Justices Holmes and Brandeis, the new justice has, never f served in congress nor occupied a cabinet or other important office. "IN AND OUT" ALMOST READY FOR PREMIERE CATCHY SONGS AND BRILLIANT1 COSTUMES MARK 1922 PROUIrCTION Music and dances of, the Michigan, Union opera, "In and Out" which, ~ t .. 41. ... . n nnffr I . .1 S Head Suggested For Free State' i i CLEMENCEAU AND RED GROSSNEARS QUOTA MI1SSIGON F L D Late ReportsShowTot Mounting DS , Although' the final figures have not 61 P 'HTI" EAe en computed, it is believed that tha~t the Red Cross membership drive! %or Ann Arbor will more than attaini BORAH AND IT4cocK LEADERS the 2,500 mark, which was the quota IN SENATE CRITIWISM OF set for the local chapter. VISITOR. Wednesday a total of 1,016 mem- berships had been secured, following BOTH 1 F PERSO3N A L a house to house drive and a volun- tary roil call in all the banks of the ( ATTRIBUTES OF 'I IGER city. A later count showed that sAme! 450 more memberships had been add- Cfhage Stotesnian Brings Jfessa ge of ed. With yesterday's memberships Puniiflishent, Vengeance, and added it is believed the full quota War jwill be secured.; j{ ,L -T-"- Dec. 4 at the Whitney theater are practically ready for their first show- ing. . Several catchy songs which haveq already become popular with thoso. who have heard them feature in the show. "Mvaid~s of the Mill" is a. novelty number in which the waltz music and words of the song form a background for a unique dance. The "Love Theme" is another song which is expected to prove a favorite with the iaudiences before which the opera will play this year. It is sung in the first act and its repitition forms a background for the closing scene.- The dances which feature in the first act are "the Dutch Cleansers" danced by 8 men in the costumes of Dutch girls, and the dance of the "Toy Sol- diers 'and Dolls." "V'anes" and "Vogue", fashion parades, in which the new gowns de- signed and made by Lester of Chica- go will be displayed, will also take place insthe second act , and such dances as the "Belle Boys" and "HatI Girls" will also be seen. These are only a few of the songs and dances, in this production, butl these and many more are worked into the story of the plot. NGINEES HOLD SMOKER . (13y Assocat ed Prss) Wash'ngton, Nov. 2.-Former Pre- mier Clemenceau, of France, and his mission to America, as well as the policies of the present French govern Sment, were subjected to a bi-partisan fire today in the senate in a frank discussion of French-American rela-' tions- Senator Hitchcock, Democrat, Ne- "Tim" Mlealy braska, former chairman of the for- Irish and British governments are eign relations committee and leader now considering candidates for the of the senate forces which sought rat- first governor general of the new Free ification of the Versailles treaty, was State. "'Tim" Healy is believed to be joined by Senator Borah, Republican. the favorite candidate. The choice will Idaho, prominent treaty opponent in, not be made until the new constitution the criticism. goes into effect next month, if ratified Reject Co-operation Plea E by parliament. Both rejected the plea of M. Cle-z menceau for co-operation betweeni America and France for peace as long as present French policies are pur- sued, but Senator Sterling, Republi-t fSHULL DENOUNCES can, So. Dakota, who followed with a brief defense of Clemenceau, support- 1 ed the statement that the French fear:: of German militarism was justified. Senator Hitchcock flayed the French policies toward Germany, which he Darwinism' Not An Uypothess, But said wer "harsh," naming particu- An Accepted Fact Declares larly' the reparations demand and usez SCientist of black troops in Germany. "France,", ho declared, "might have had a more CALLS IDEAS OF BRYAN appropriate spokesman than M. Cle-t SURVIVAL OF DARK AGES ,menea." Senator Borah, charging France That evolution is not a mere hy- with being militaristic, also called onr pothesis, but a natural process which M Clemenceau for a statement as tot wtese, bu a natral pis the reply the French position on disarmament.t we can see and trace, "He comes to us with no messaget made by Prof. A. Franklin Shull of except that of punishment, of ven-, he"I"*yeprtment to those in- geanme and anticipated war," said' dividuals who denounce evolution and Senator Borah. "There is nota note pronounce it to be a theory which of harmony, not a suggestion of a con-t cannot be proved. He further be- structive policy or promise of actual lieves that any person who favors peace." suppression of knowledge which may Peace Union Improbable E lead to a solution of the problem "is The American people, Mr. Bora.h paying the part of a w~an in the dar's' predicted, woud rejeet the proposal ages."; of M. Clemenceau for a peace union Evolution Occurring Daily between France and America.E In a recent interview, Dr. Shull Both Senators Hitchcock and Bor- defined evolution as a change which ah paid personal tribute to M. Cle-' takes place in a species through a, menceau but united in criticism of thet series of generations, or, more speci- visitor's New York address. ficially, "Evolution occurs every time' offspring differ from all their. ances- tors and transmit the difference ta' succeeding 'generations by' Ierdity."'A bL HAD SEl Dr. Shull stated that 'this is, not the; interpretation of evolution held 7 ONGTO VLTO the average individual. In his opin- I ion, "People who are condemning evolution as an hypothesis only, as LECTURER IS DR. . C. MERRIAM, not having been proved and as incap- ONE OF AMERICA'S LEADING able of proof, are obviously not ac-' SCIENTISTS quainted with the facts which indi- Scate that evolution is going onte tthe' Dr. John C. Merriam, president of .present time. The :fact that evolution-' the Carnegie institute of Washington ary changes can be witnessed taking' place every day leads to a strong pre- and one of America's leading paleon- sumption that similar changes occur- tologists, will give a lecture tonight in red in the past. Natural Science auditorium on the Best Explanation Yet Offered s"s "This presumption is greatly subject, Are the Days of Creation strengthened by the fact that many Ended?" The public is invited to at phenomena connected with fossil ani- tend. mals, distribution of animals and com- The lecture deals with the subject partive anatomy are readily explain- of evolution, one which is rapidly ed if evolution occurred in the past, growing in importance. 'Dr. Merriam, and not explained d in any other pat- according to Prof. W. H. Hobbs of the anner." ' geology deartment, is one of the, best ural manner. p, t fitted men in the United States to deal this question was once settled to the with this topic. satisfaction of nearly everyone, even Dr. Merriam received his first de- those who were not in a position to gree from Lenox college in Iowa, know the facts at first hand, the gen- and was later awarded a Ph.D. by the' eral public has recently been so in- University of Munich in 1893. In 1921 rfluehced by certain persons who like, he received the Sc.D. degree from Co- wise are not acquainted with the ,lumbia university. Since 1920 he has facts, that they have returned to the been president of the Carnegie insti- (Continued on Page Two) tute in Washington. In 1919 Dr. Mer- riam was made chairman of the Na- - tional Research council. -i+ EfSOPHOMORES RAZE U-HALL PDRHTICDI Colonets of Railing Sold for Women's League Fund; Steam Shovel Aids '25 Men MARKS BEGINNING OF CHANGE FROM OLD CAMPUS TO NEW Signifying the transition from the conservative old to the progressivef new campus, the first step in the raz- ing of University hall was accom- plished yesterday by the sophomores1 when they razed the portico which has designated the entrance to the main, building of the University since 1871.' Razing Necessary Since the steam shovel started its work of excavating for the new liter- ary building less than a week ago, such progress had been made up to Wednesday that this move was found i necessary. Since 8 o'clock yesterday morning curious onlookers inspected the portico, doubting whether thel sophomores could pull down sthe hugea concrete and brick pillars. Eleven o'clock found the crowd increased to! STATE WILL FIX FAIRCOALPRICE, DECLARES POTTER EXTORTIONATE PRICES BEING CHARGED IN MANY VICINITIES TO SUMMON SUSPECTED DEALERS DECEMBER I Fuel Administrator Will Exercise Full Power to Preventj Profiteering (By Associated Press) Lansing, Nov. 23.--A. warning thati the state fuel adminiatrtor will exer- cise the broad powers conferred upon him by the state fuel control get to prevent profiteering was issued by W. W. Potter, state fuel administrator, today. In letters addressed to all county administrators, Mr. Potter declared that after Dec. 1 fair prices will be fixed in localities where it is believ-I ed unreasonable prices are being ask- ed. Dealers guilty of charging extor- tionate prices for fuel will be sum-! moned before the fuel administrator to show cause why their licenses should not berevoked. According to Mr. Potter's letter' complaints have been received indi- cating that in some localities dealers; are demanding profiteering prices. Accuses Dealers . "In fact, there are some places in this state," the letter asserts, "wheref dealers, with considerable unanimity, are charging unreasonable prices for] coal." Since the .enactment of the fuel control law, the fuel administrator has made no efTort to regulate fuelc prices. Dealers were requested to! hold themselves to the margin of profit upon which they operated last winter. There was general compliance with that request, Mr. Potter said, and J -J Christ A. Neletis To emphasize ;his disapproval of French policy toward the Turks, SChrist A. Meletis, sergeant in the American expeditionary forces and president of the Greek-American World War veterans, has returned to President Millerand the croix de guerre he won on the fields of France. Explosion Results When Coal Dust Is Ignited By Breaking of Electric Cable FIRST SERIOUS ACCIDENT SINCE OPENING IN 189 Birmingham, Ala., Nov. 23.-Eighty- four bodies, twenty white men and 11 more than 500. soon after that dour; the 'matter was left there until recent rt sixty-four negroes, lay tonight in un- the scaffolding was completed and complaints charging that extortionate dertaking establishments here and in the sophomores, armed with pinch prices were being asked in certain lo- bars, steel pikes,.and sledge hammers calities, were received. 1Bessemer, the death toll caused by a clambered over the top of .the porti- "All dealers believed to be charg-; coal dust explosion yesterday in the co and began their work of destruc- ing unreasonable prices on~Dec. 1 will Dolomite coal mine Number 3 of the fian. be cited to appear before. the fuel a odar rncopn, ite The railing was first attacked, and ministrator at Lansing. Since it would Wmlswest o Bim am. Eixty- a number of colonets from it were giv- impracticable to fix the prices charg..mires west of Birmingham. Eight'- en to the Women's league representa-! ed by an individual dealer, the plan I two bodies were taken from the mine tives under the direction of Margaret will be to revoke licenses of dealers early today land of the 60 injured, Shafer, '25, and were sold. Finally who persist in charging extortionate two succumbed. Reports received the entire roof was removed, and the prices," the letter reads. from officials of the Woodward com- concrete and brick columns were as- Will Summon Profiteers . ,-pany indicated that while several oth- saulted. "In cases where it appears that the era are seriously hurt possibly all Use Steam Shovel dealers of a town or city are showing' would recover. The pikes and pinch-bars proved a concerted policy of charging unrea- Dolomite is a strip nine opened in too puny for this work and were aban- sonable prices, all of the dealers in 1892, and operated until yesterday doned for the steam shovel. Albert that town or city will be cited to ap- without Ca serious accident. The slope Koepcke, '25, was hoisted in the dip- pear, and the retail prices to be =opened into the side of a hill and at per of the machine. He succeeded in charged for coal in that locality will ! an angle of 30 degrees ran 800 teet putting a chain around one of the.; be fixed. before reaching the level of the work- pillars with one end attached to the "We hesitate -to fix definite prices' ers. At the foot of the slope is the bucket of the shovel. The first swing or hard and fast margins. We have j mine railway yard where dump car- of the shovel felled most of the pillar made every effort, in the issuance of riers loaded with coal are assembied and the second uprooted the rest. licenses, to protect the dealers from; and drtawti by cable to the surface andt I'snow birds' and other unfair comlpet- up the triple. A string of these dump itors. In return the dealers should cars broke loose on the incline, liter- YOSTsGIVES TEAM assist us in protecting the public ally dropped . 800k- feet to the yard against unfair prices.