ESTABLISHED 1890 .A Ak *Now 49Rtr A = 4t C4 n tt MEMBER ASSOCIATED PRESS VOL. XXXVII, No. 118 EIGHT PAGES ANN ARBOR. MICHIGAN, TUESDAY, MARCH 15, 1927 EIGHT PAGES PRICE FIVE CEN FOl'S BDEFENSE PLEA CITED AS IRRELEVANT BY SAPIRO AT TORNEYS DISCUSSION OF KING'S EXCLUSION FROM HAITI REGARDED AS CLOSED CLAIM POINT MADE BY LAWYERS 1S LACKING JUSTIFICATION HIS DECISION IS RESERVED Judge Contends That Plea Shoul Contain Matter Previously Served By Plaintiff's Counsel (By Associated Press) DETROIT, March 14.-Attorneys for Aaron Sapiro in his $1,000,000 libe suit against H-enry Ford today turned to an attack on the amended plea of defense attorneys, following a failure to secure permission to insert a new paragraph in their declaration. The plea was classed as "confusing to the issues involved," "specious," "irre- levant," and "lacking i justification for the libels charged in the plain- tiff's declaration." Judge Fred M. Raymond, after hear- ing William Henry Gallagher contend that the plea should contain only mat- ter covered in proposed amendments to an earlier plea, served by the de- felse on plaintiff's counsel, reserved decision until tomorrow. Discussion Occupies Afternoon Discussion of the plea occupied most of the afternoon session after Judge Raymond ruled in the morning session against injection of the new paragraph. Gallagher said the new paragraph set out that the term "Jew" as used in articles in the Dear- born Independent, on which the suit is based, \vas used as a term of scorn, but was overruled by a wdecision of Judge, Raymond's that no new charge of libel was brought and that the paragraph would only widen the scope of the case. Arguments over the injection of the paragraph; indicated the attempt Sapiro's counsel will make to center the trial on the racial question. Senator James A. Reed, chief of defense counsel, in, arguing against the motion, declared that the Jewish race was not being attacked, although he admitted that ,Mr. Sapiro had been called a Jew. He contended that ad- mission of the paragraph would change the issue involved. Gallagher's reply, also referred to in the afternoon's discussion of the plea, was that Mr. Sapiro was refered to as a member of "organized inter- national Jewry" seeking the contro of various farm marketing organiza- tions. Discussing the 571 paragraphs of the plea, Gallagher declared that the doucument in not place attempted to submit proofs of a "Jewish ring," and that there was no answer to citations from the plaintiff's declaration that "the lines on agricultural control runs through Otto Kahn and Bernard Ba- ruch down through Aaroi Sapiro and the lesser Jews" Judge Robert S. Marx, a law part- ner of Sapiro, declared that the plea's own paragraphs disproved its own statement of "a Jewish ring." Declaration of the plaintiffs that Sapiro was charged with fostering the teaching of Bolshevism and Com- munism, was coupled with the asser- tion that instead he was promoting Americanism and not Communism, since he was active in the work of the American Farm Bureau federa- tion. Judge Marx declared the plea named no Jews as members of the federation. Asserts Subpoenas Were Served Asserting that his subjoenas had been served on Mr. Ford last August by J. Francis Fitzgerald, one of his associates, Gallagher declared his in- tention of attempting to place the motor king on the witness stand. An affidavit allegeing service of the subpoena is now on file in Federal court, and Gallagher said he would in- sist on an answer. C. E. Longley, general counsel for the Ford Motor company, however, quoted Mr. Ford as saying that no subpoena had been served on him. Gallagher declared tonight that un- less Mr. Ford appears tomorrow morning at the opening of court he will ask that contempt proceedings be instituted against him. EFFINGER LEAVES FOR CONVENTIONI Dean John R. Effinger, of the liter-I ary college, left yesterday for Chicago' to attend the annual convention of thel North Central Association of Colleges and Secondary schools which will openI tomorrow and come to a close Friday. Dean Effinger is a member of several of the commissions of the organiza- tion. These commissions will report the result of their activities and re- cparr lne ,the nDat year. (By Associated Press) WASHINGTON, March 14-Exclu- sion of Senator King of Utah from Haiti by order of President Borno ap- parently is a closed incident. At least, the Haitian minister, Hannibal Price, so regarded it, and there was no in- dication from the State department to- day that Secretary Kellogg contem- plated renewing the effort to have the ban on the Senator lifted. The anticipated conference betwen the Secretary and the minister on the incident failed to develop. The minister contented himself with transmit- ting officially a copy of the telegram announcing that Senator King would not be permitted to land in Haiti, and NEXT SHOW BY MIMES TO BE FRhCE COMEDY did not call . in person at the depart- ment. The ban applies only to Senator SKing. It was made plain at the Haitian legation that there was no intention to extend it to other Senators con- templating visits to Haiti who may have criticized the Haitian adminis- tration publicly. A new angle to the Treason prompt- ing the refusal to permit Senator King1 to enter Haiti developed at the lega- tion withethe statement that before ' hle left New York, the Senator had telegraphed to the Borno administra- tion that he would visit Haiti to in- spect conditions, presumably in com- pany with the anti-government leader. Percival Thoby.I WILL RECEIVE CREASE" TICKET APPLICATIONS Winstead's Colored Band Will Furnish Music For Annual Law Function; Banjoist To Entertain ORCHESTRA is ENGAGEDJ CENTER OF WAR ZONE IN CHINA IS EXPECTED TO SHIFT TO NANKING DISSENSION iPRESENT AMONG! CANTONESE REPIUBLICAN REVOLUTIONISTS U. S. MARINEFOUND DEAD Police Investigate Murder Theory; Sergeant's Body Discovered In Wangtoo River BULLETINY (By Associated Press) LONDOS, Ma1rch 14-A Shiang.- hal despatch to the Westminster Gazette says that orders have been- issued to the apiroximately 80 1 Americans and British in Nanking to evacuate the city. The despatch says that the or- ders were apparently due to fear that Nanking would fall into the hands of the Cantonese within the next few days, less by force of arms than by treachery, as it is! believed that sections of Sun Iluan Chang's recently defeated troops are ready to secede to the Cantonese. DEFENSE SAYS OIL INVESTIGATION PROCEEDED WITHOUT AUTHORITY (By Associated Press) ment. WASHINGTON, March 14-A con- The defense's contention about a tention that the Senate oil investi- want of authority by the committee, gation which rocked the country three' due to an oversight by the Senate in years ago was carried on for months adopting a resolution continuing the without the committee having legal inquiry into the naval oil leases, ap- authority to examine witnesses was parently took government counsel by raised today by the defense in the con- nsurprise. temp tral f Hrry . Snclir.In replying to the general argument tempt trial of Harry S. Sinclair. j of Sinclair's attorneys, districtatr For this and other reasons, coun- ney Gordon passed over this question. sel for the lessee ofTeapot Domeyask-; This caused Martin W. Littleton, of ed Justice Hitz to direct the jury to New York, one of the lawyers for the return a verdict of not guilty. After millionaire oil operator, to twit him hearing the argument for three more and a special oil counsel employed to hours, with the jury again absent, the prosecute the civil and criminal case' court took the motion under advise- growing out of the Senate oil inquiry. WICNSNT IEWHDMICHIGAN HERE FRIDAY WILL SPEAK ON TRIP' ri r i r |l A4NNUAL JUNIOR GIRLS' PLAY WILL BE BIVEN TONIGHT AT HITW SENIOR WOMEN HONOR GUESTS AT FIRST SHOWING OF PRODUCTION WILL SELL._LYRICS SOON Alumnae Night Will Be Observed ,',tiirday; Formal Night Is Friday "To The 'Ladies" By Marc And George Kaufman To March 22 Connelly Begin LIVINGSTONE HAS LEAD "To the Ladies," a farce comedy by George Kaufman and Marc Connelly, will be the next regular play given on the spring series of Mimes in the Mimes theater. It will open Monday night March 22 and will be given every night during that week. The play is an extremely witty of- fering, according to officers of Mimes, and will be presented after the more serious production of. "R. U. R.," by Karel Capek, which was given for the last time Saturday night, and "The Man of Destiny," by George Bernard I Shaw, presented two weeks pervi- ously. Charles D. Livingstone, '28L, former president of Mimes and Comedy club, who had the leading parts in "The Last Warning," "Annajanska, the Bolshevik Empress," and "R. U. R.," will again take the leading part in the presentation of "To the Ladies." Leslie Stewart, '27Ed., a new man to campus dramatics, and Lyman Crane, '29, who played the part of Dr. Hall- meier in "R. U. R." will also have leading roles. Stewart will take a feminine part. William L. Lewis, '29,1 leading lady of the Union opera, willI play the feminine lead. The entire cast will number 14 stu- dents and some new talent will re- ceive first chance in the production, according to officers of Mimes. The play itself is in three acts and is by the same authors who wrote "The Butter and Egg Man." The Mimes Sppotlight vaudeville, scheduled for Thursday, Friday, and Saturday of this week, will be given unless the late arrival of the manu- script for "To the Ladies" makes it necessary to utilize all of the avail-} able time for rehearsals of that show.! If this becomes necessary the Spot- light vaudeville will be postponed un- til the week following "To the Ladies." FUGITIVE IS SLAIN HERE BY OFFICER Stanley Budney, 27,of Detroit was shot and killed shortly after 9:00 o'clock Sunday morning by Patrolman Roland A. Wooster of the local police department after a desperate hand to hand fight that resulted when Budney attempted to escape the officer. Budney, after being taken into cus- tody following an accident, fled from the police headquarters and ran down an alley. Patrolman Wooster pursued him, and the fugitive grasped his gun. In the struggle that ensued Budney was shot and fatally wounded. Small Group of Me In 1843 By Break Applications for the annual Crease dance, a Law school function spon- sored by the senior class which will be held April 1 at the Lawyer's Club, will be received from 10 o'clock to 123 o'clock today at a table in the first. floor of the Law building, it was an- nounced by Philip O'Hanlon, '27L, - chairman of the committee. Tickets are limited in number to 125. Senior Law students will be given prefer- ence.I Two entertainment features have been engaged for the affair, BeaJone,I of the New York cast of "Battling But- ler" will give several acrobatic dance specialties. Elizabeth Swanson, at present a headliner on Keith's vaude- ville circuit, will present a variety of dances.4 Besides the two engaged stars, sing- ing numbers will be given by the members of Winstead's Colored or- chestra, who will provide the dance' music for the affair. One of the fea- tures of the band is the singing andI dancing of "Ed" Strange, banjo play- er. The programs for the affair, which were designed by Roger Doten, '27L, are now being printed. The annual Crease paper, a scandal sheet which is published for the dance is nearing completion, edited by Benjamin Hal- stead,'27L. Other members of the I paper board are Bartlette E. Nutter, '27L, James B. Boyle, '27L, Trent McMath, '27L and Donald Dixon, '27L. The applications will be passed on' by the committee in charge and a list of those accepted will be posted in the Law school. Announcement will be made at a later date as to the details concerning tickets.+ LITTLE WILL GIVE ,LECTURES BEFOREI BOSTONINSTITUTE I President Clarence Cook Little will deliver two lectures at the Public+ Service institute to be held in Bostont ,tomorrow, Thursday and Friday,I March 16;° 17, and 18. This institute is sponsored by the Massachusetts In-1 stitute of Technology and the Massa-+ chusetts Civic league.f The purpose of the institute' is to+ discuss the significance of the com- munity of every form of public ser- vice and the necessity of trained per-+ sonnel for effective administration. + Together with Dr. Little's name are many others of national prominence in their fields. Dr. Little will give one address on "The University and the Comm'unity." Subject Involves Legislative Control In Relation To Education And Public Welfare OPENS MID=WEST SEASON Michigan will open its 1927 series of Mid-West debates on Friday, March 18 when the affirmative team meets Wisconsin university in Hill au- ditorium and the negative trio travels to Champaign to debate with Illinois. The question for discussion reads as follows: Resolved, That the exer- cise of legislative authority in the SHANGHAI, March 14-With the next serious fighting now expected to be centered at Nanking, political' developments today assumed an im- portant aspect in both Hankow ands Peking.' Belated advices from Hankow re- ceived by the Associated Press told of a bitter internal fight in the Kuom- intang, of Cantonese Republican rev- olutionary party, whose central execu- tive committee is now in session there. Despite reports that a truce had been declared by the contending factions, there seemed little doubt that the dis- 'sension is adversely affecting the pros- pects of the Southerners and has reached a stage where reconciliation is highly doubtful. Koo Explains Position t At the same time the Peking gov- ernment made nlain that it is still doing its best to induce the powers to negotiate the treaty question with Pe- king. Wellington Koo, acting premier, explained' the position of the northern government to the foreign correspon- dents, asserted that the whole of China was united in its opposition, not to foreigners, but to special privileges for foreigners, and that therefore any engagements entered into for revision of one-sided treaties would be accept- ed and respected by the whole of China. No news of fresh fighting was re- deived in Shanghai today, and the military situation remains somewhat vague. Anticipating that the next ser- ious fighting will be for the defense of Nanking, a vital point in his line of communication, General Chang Ts"ng Chang, accompanied by his staff, hastgone to TaIting, just belo Nanking to meet the Cantonese ad- vance. Working on the theory that he was murdered, police are investigating the death of Sergeant James B. Montague, United States Marine corps, whose body was found today in the Whang-, too river. Sergeant Montague, a na- tive of Viginia, served in the marine corps for many years and was with the forces that arrived from Santiago' on the transport Charmount. Fundamental Divergencies Shown The Cantonese split at Hankow is one involving fundamenal divergen- cies between the moderates headed by tlye (Nationalist commander-In-chief, General Chang Kai-Chek, and the left wing or radical section of the Repub- lican Revolutionary party. With a view to preventing the split from shatter- ing the military chances- of the Can- tonese, it appears that a truce has been agreed on and that the national council, composed of both military and political representatives, has been revived to carry on the conflict with the North. This council apparently will super- cede Chang Kai-Chek as generalissimo and it is reported that he has renewed acquisience to such a development. Chang Kai-Chek remained at Nan- chang during the conference. FRESHMAN GROUPSI TO MEET TONIGHT All of the freshmen groups organiz- ed last fall by J. A. Bursley, dean of students, will hold a combined meet- ing at 7:30 o'clock tonight in room3 316 of the Union. Tonight's meeting to which 200 students in the advisors' groups have been invited, has been arranged by the faculty and the Union underclass department.- In addition to the speeches and mu sic which are planned for the meet-I ing, Prof. A. R. Morris of the rhetoric department will conduct a spelling control of the specific content of the courses offered in educational insti-. tutions is contrary to the public wel- fare. The negative team, which debates Illinois there, is composed of John 0. Yeasting, '27BAd, Gerald 0. Dykstra, '27, and Stephen E. Jones, '27. The af- firmative debaters are Robert S. Mil- er, '27, Thomas V. Koykka, '27, and Ephriam R. Gomberg, '27. All mem- hers of the teams are of Delta Sigma Rho, national honorary forensic so- ciety, and have had at least one year of Varsity experience. In addition, the teams are composed of seniors. The Mid-West debating league was founded in 1915 with Michigan, Wis- consin and Illinois. Previous to the formation of the league the University debated intermittently with Wiscon- sin but Illinois was included to break up the dual debates. DENIES ORDERING DIAZ ASSISTANCE, (By Associated Press) WASHINGTON, March 14.-Secre- tary Kellogg issued a fiat denial to- day that he had, directly or indirectly, instructed the legation at Managua or any representative of the United States government to work for the election of Adolfo Diaz or any other candidate for the Nicaraguan presidency. He said in a statement that he had no knowledge of any document pur- porting to containing such instruc- tions to Lawrence Dennis, then Amer- ican charge at Managua. No such document was ever sent and no such instructions were ever given," Mr. Kellogg said. In issuing the statement, the Sec- retary took cognizance of a report, published by the Washington Post, that a secret communication had been sent to Dennis directing him to pro- cure the election of Diaz by the Nica- raguan senate as president designate on the withdrawal of General Cha- morro, who overthrew the constitu- tional government of President Solor- zano and precipitated the present civil war in Nicaragua. CONSIDER DEPUTY FOR MACDONALD (By Associated Press) LONDON, March 14.--Discussion has already centered in the House of Commons as to who will act as leader of the opposition during the former Prime Minister Ramsay MacDonald's Easter visit to the United States. It f was learned, authoritatively, however, that John R. Cline will receive the post, as he has filled it in the past. The labor leader, accompanied by his daughter Isabel, is -arranging to sail for New York April 9 on the Acquitania. They will return as soon as Parliament reassembles April 26. The members of the House of Com- * mons, who are always watching for, dissension in the ranks of the Labor party, say that there is rivalry among the various labor leaders for the privilege of acting as MacDonald's deputy during his absence. Mr. MacDonald considers his Amer- ican voyage as a purely private trip. He particularly wants to accept the invitation of a woman living in Massa- chusetts, who was hostess to him and hi xr n 1 o - - ~ Edward S. Evans Of Detroit, Who Flew Around Globe Iin 28 ays To Talk Here COVERED 21,000 MILES Edward S. Evans of Detroit has been secured to give an illustrated University lecture at 8:15 o'clock Thursday night in Natural Science auditorium, according to an announce- ment made yesterday by the geology department. Speaking on his recent around the world record flight of 28 and one-half days, Mr. Evans will supplement his talk with moving pic- tures taken during the trip. He lec- tured before the Rotary club here last fall on the same subject. Leaving New York city at 1:30 o'clock on the morning of June 16, 1926, Mr. Evans and Linton 0. Wells, newspaperman, began the first leg of theh globe encircling journey, to Cherbourg. By airplane and automo- bile the pair arrived at Omsk on June 25, and eight days of travel by train and boat found them in Yokohama on July 3, where they sailed for Victoria. Arriving on July 12 they made air- plane connections and two days were consumed in the flight across the con-' tinent to Mitchell field, Long Island, which they reached on July 14, after only 11 landings by airplane during the whole journey. The exact elapsed time from start to. finish was 28 days, 14 hours, 36 minutes and 5 seconds, having covered an actual distance of 21,000 miles, giving an average of 700 miles a day and 30 miles per hour1 for the whole trip. Twelve different airplanes were used on the different flights in addi- tion to three special trains and many small boats as well as a half dozen varieties of land vehicles including their own legs. The cost of the expe- dition was approximately $25,000. CABOT ADDRESSES FRESHMAN GROUP Things which he claimed to be un- taught in the modern medical schools formed the basis of an informal talk,I by Dean Hugh Cabot of the medical school before freshman medical stu- dents last night in the Union. Dean Cabot spoke especially for those who would graduate to practice in a gen- eral way rather than for those who are specializing in some one branch. "Many essentials to the' practice cannot be taught," he said, "and can only be learned by experience; your technical knowledge is only a toolj with which you work upon the person-g ality of the patient. Treating disease is largely a matter of treating man as an entity." A practitioner who is capable but' not understanding, he continued,a brings the profession into disrepute. He emphasized the importance of an available and workable knowledge of such things as religion, saying that decisions along these lines had to be made instantaneously. Dr. Norman Capener, of the staff of St. Bartholomew's hospital, London,E and Member of the Royal College of Surgeons, told briefly of the different' requirements of a medical education in England. Dr. Capener is now assis- tant in the department of anatomy' of the medical school, under the plan of Dr. Cabot to bring international scientists here at intervals. Dr. G. Carlj "Eight Till Eight", thehtwenty-third Junior Girls' play, will have its, pre- miere showing at 8:15 o'clock tonight at the Whitney theater. The first per- formance will be witnessed by senior women as guests of honor, succeeol- ing the Senior supper at the Michigan Union. The seniors will form in a pro- cession and march en masse to the theater accompanied by junior aides, chosen by Elizabeth Nutt, '28, general chairman of the play, as representa- tive junior women. There will be six performances of the play in Ann Arbor, one each evening for the remainder of the week and a matinee performance on Satur- day. A few tickets remain for all performances. These may be obtained any day after 10 o'clock at the Whit- ney theater box office. To Observe 4Alumnae Night" In addition to the traditional "Se- nior night", "Alumnae night" will be observed again this year at the Satur- day night performance. Thie imain floor has been reserved especially for out-of-town alumnae. Bernice Staeb- lef, '28, business manager, reports that the sale of tickets for the alumnae section has been almost completed Friday night will be the customary "formal night" but will not be strictly adhered to. Music scores will be on sal at the campus book stores tomorrow at a price of $1.50. They will also be sold between acts at the Whitney theater. As in former years, the Freshman Girls' Glee club will sell candy during all performances. "Eight Till Eight" has been In re- hearsal since the second week in Jan- uary under Phyllis Loughton, '28, gen- eral director of the play, and Marian Van Tuyl, '28, chairman of dances. Elizabeth Nutt, '28, heads all commit- tee work in connection with the pro- duction. Play Is ,Local In Setting The play is local in atmosphere and setting. The first act is laid in a stu- dio, the second in the living room of the apartment. The characters, with the exception of Prof. Robert Bobbs and the Lone Kid; are all college stu- dents of the characteristic types. The entire production is designed to ap- peal to a college audience. The sets for the play were designed by Phyllis Loughton, '28, and Valen- tine Davies, '27, and constructed by Fred Rebnan, professional sdene builder for the Mimes productions. Movies have been taken of several of the choruses of the. play by the Reograms of Lansing. They have al- ready been shown in the Arcade thea- ter and are now appearing in show- houses throughout the state. Photo- graphs of both cast and chorus have. been made by Spedding and are on display in their studio. ACCEPTANCE AIDS GENE VA PARLEY (By Associated Press) WASHINGTON, March 14-Arrange- mnent for the three power naval con- ference at Geneva advanced another routine step today when the Japanese acknowledgment of the formal Amer- ican invitation was handed to the State depritment. At the same time the Paris govern- ment received the American invitation, which is supported by both the Brit- ish and Japanese governments, that France be represented at the confer- ence by observers inasmuch as she has declined to accept the suggestion for full participation. Word from Paris that French observers would be nam- ed was received in official quarters 4 with satisfaction. A similar supplementary invitation to send observers also went to Italy. Publication of these identical notes to France and Italy was held up tonight by the State department pending word from Rome on the actual delivery of the communication to the foreign of- fice. n Formed Alpha Nu With Parent Society Editor's Note: This is the sixteenth of a series of articles hy Daily staff members on various campus institutions and organizations, published in an effort to make clear their functions and 'their particular features of in-, terest to prospective participants. On Sept. 30, 1843 a small group of1 forensicly inclined young men decid- ed that the public speaking society in which they were then membersj was not suitable for their oratorical expression. So, with the spirit of re- volt, they broke away from Phi Phi Alpha, the first forensic society in the State and set up what is now known as Alpha Nu. "Mind Is Man" appeared as thel first writing of the society in the "S'ybil," the literary publication of Alpha Nu. The "Sybil" was read be- fore the weekly meeting of the organi- zation and the members contributed to its contents. All of the forensic so- eieties when first inaugurated. divid-I Ceasar was greater than his father", and "Resolved: That the Crusades were beneficial," were discussed. Like the Adelphi, Alpha Nu intro- duced women members into the organ- ization. And with women came mus- ical entertainment during the pro- gram. Both of these attractions, how- ever, -were later eliminated and the society today is composed of 75 active male members. For many years Alpha Nu occupied a room on the fourth floor of the Uni- versity hall. Through the service thel club gave to the forensic activities' of the campus a room has been given over to the societies' functions on the fourth floor of Angell hall. The organizations that sprung up in the "Sixties" had, classic names asI "Homotrapezoi" and Philozetian" and "Panarmonian." However, these clubs did not last long and contributed noth-1 ing notable to the public speaking in-; Huber, professor of anatomy, ' ' r also1 spoke. HOLLISTER WILL LEAD DISCUSSION! Prof. R. D. T. Hollister, of the pub- lic speaking department, will lead the discussion of the problems of the or- ganized religious work among stu- dents of the University of Michigan in# +t ueondn ofte . clct'. i ion M h o CIEMICALS ARE RELEASED AGAIN IN ARCADE THEATER Odors resulting frdhi escaping chemicals in the Arcade theater Sunday night, caused much in- convenience to patrons attending the second show. This is the sec- ond time in thre edays that the i