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VOL. XLIV No. 105 ANN ARBOR, MICHIGAN, TUESDAY, FEBRUARY 27, 1934

I

NIRA Lewalit
Is Subject Of
Talk By Bates
Proponents Say Act Comes
Under Commerce Clause
Of Constitution
Speaks In Council
Of Social Science
Jamison, Dumond, Reeves
Also Speak On Program
In Union
Proponents and opponents of the
National Industrial Recovery Act will
fight out their battle over the con-
stitutionality of the measure each
armed with one solid argument -
the proponents saying that the NIRA
comes within the Federal power to
regulate interstate commerce, and
the opponents affirming that Con-
gress has made an indefinite and
consequently invalid delegation of
power to the President.I
This is the opinion of Dean Henry
M. Bates of the Law School, as ad-
vanced to a meeting of the Social
Science Research Council held last
night in the Union. Dean Bates
spoke with Prof. Charles L. Jamison
of the School of Business Adminis-
tration, Prof. Dwight L. Dumond of
the history department, and Prof.
Jesse S. Reeves, chairman of the po-
litical science department, in a sym-
posium on "The New Deal."
Cite Court Cases
Those who believe in the constitu-
tionality of the NIRA may cite sev-
eral decisions of the United States
Supreme Court in which the Federal
power to regulate local and intra-
state commerce has been upheld when
this commerce can be shown to have
an effect on interstate commerce as
well, Dean Bates said. Persons op-
posed to the NIRA may counter, ac-
cording to Dean Bates, with the
charge that no adequate definition
is made in the NIRA of the delegated
powers which the President may ex-
excise. > ..
The more forceful arguments as to
the constitutionAlity of the NIRA
may very probably lie with the pro-
ponents, Dean Bates declared, for
there are Supreme Court decisions
which have upheld delegations of
power to the administration which
were no more accurately delimited
than those delegated to President
Roosevelt under the NIRA.
Dean Bates characterized as of
minor importance arguments that
the NIRA is constitutional because
it provides for the "general welfare"
of the people, or because it falls
within the Federal power to levy tax-
es and imposts for the general wel-
fare. Little strength, on the other
hand, Dean Bates stated, may be
found in the contention of indus-
trialists who have already figured in
the formation of codes through mem-
bership in trade associations that
their rights of due process of law
have been violated.
New Deal' Not New
The "New Deal" is not new, but is
rather a continuation of the progres-
sive movement interrupted by the
World War, Professor Dumond said
in his consideration of "The History
of the New Deal." "President Roose-
velt is fundamentally Wilsonian," he
said. "The President merely opens
his mouth and the inspiration of
Wilson dictates what he is to say."
Leaders of the often-times wobbly
progressive movement were praised
by Professor Dumond. Norris, the

LaFollettes, Hiram Johnson, Cutting,
Wagner, and Couzens were cited as
leaders in the struggle to improve
the lot of the "average man.
The inarticulacy of the captains
of industry since the advent of the
NIRA was laid by Professor Jamison
to the strong position of labor and
the weak position of commerce in
the cabinet, to the better organiza-
tion of the labor lobby, and to the
depression, which robbed the busi-
ness men's trade associations of their
vital spark. It will take many years
to whip the trade associations into
shape, because every businessman
must first be sold on the idea of the
associations as a means of strength-
ening his commercial voice, Profes-
sor Jamison said.
Professor Reeves called a "delu-
sion" the Rooseveltian theory that
the state can function more compe-
tently than individuals, and said that
the NIRA has discarded experience
for experiment.
Prof. Preston E. James of the ge-
ography department was in charge
of the banquet and meeting. Prof.
r-lni' n >~ "n-n". f1a nnntn---

Eyes On Senate

6 Mo0re 7 ead
As Cold Wave
Sweeps Land
Sub-Zero Weather Takes
Tota1 Of TIhrlee ScOre
Lives In Country
Relief Is Seen For
Al Sections Today
Tornadoes lit Southern
States And Result In 17
Deatds

GIFFORD PINCHOT
* *~ *
** *A
Pinchot Will Seek
.U. S. Senatorship
HARRISBURG, Pa., Feb. 26- 03)
-Gov. Gifford Pinchot entered the
Republican primary campaign today
for the United States Senate, an-
nouncing his candidacy in opposition
to Senator David A. Reed.
The Governor's brief statement
read:
"I am a candidate against David
A. Reed for the United States Sen-
ate. Reed as senator has run the
errands and taken the orders of
Mellon, the internationalrbankers,
and the steel interests long enough.
He should be replaced by a man who
will take his orders only from the
people.
"In this crisis Republican Penn-
sylvania requires and deserves in
Reed's place a Republican senator
who will work with the President to
restore prosperity, instead of snap-
ping and snarling at his heels."
DropsGame To
Purple,_29-25
Rally In Second Half By
Wolverines Falls Short
Of Wildcat Total
By ART CARSTENS
Northwestern's basketball team de-
feated Michigan at Yost Field House
last night, 29 to 25.
A desperate Michigan team, trail-
ing by 12 points at the half, staged
a thrilling last-half rally which car-
ried to within four points of the
Wildcats' total before the final gun
ended the struggle. The game was
marred by frequent decisions by the
officials which appeared unjustified
to the crowd. Feezle and Young, the
officials, were lustily booed.
Michigan might have put the game
on ice in the first half when the
players were getting plenty of shots
at the basket but cashed in on only
two shots from the floor and two
free throws.
In the second half the Wolverines
collected eight more field goals for
a total of 10, as compared to nine
for the Wildcats.
To the deadly accuracy of Lyle
Fisher's shooting from the foul line
must go the credit for the North-
western victory. The huge center who
is fighting with Cottom of Purdue
for Conference scoring honors, made
six out of seven free throws. He also
made three baskets from the field to
lead the scorers with 12 points.
Dick Joslin, Michigan's lanky soph-
omore center, found the basket in the
second half and collected seven points
before being removed with only a few
minutes to play. Manny Fishman also
found himself during the last stanza,
gettingfive points on two baskets and
a free throw.
Fans who are looking forward to
next year weresheartened by the
showing of these two sophomores.
Fishman appears to have regained
some of the form which he displayed
at Detroit Northern before being in-
volved in an automobile crack-up.
Johnny Regeczi presented North-
western with four points on a silver
platter when he got into the game
in the last minutes of the first half.
On the first tip-off his man got
cleanly away for a basket and be-
fore the half ended he had com-
mitted two fouls on which the Wild-
cats cashed in.

Michigan last night was a areatly

(By Associated Press) LANSING, Feb. 26. - ) - A suO-
The weather death tolls through- stitute public works measure designed
out the Nation climbed to three score to take the place of the administra-
Monday as a blizzard swirled through tion $30,000,000 insrrection bond bill
the Eastern States, adding at least was placed before the Legislature.
six names to the list of victims writ- Monday night with Republican back-
ten by a week-end of snow, hail, rain, ing.
tornadoes and cold. Introduced by Rep. Vernon J.
Eastern cities battled to prevent Brown, (Rep., Mason), it called for
another tie-up such as was brought a $12,000,000 grade separation pro-
about last week, as more snow threat- gram, $2,000,000 of school construc-
ened to block traffic and shipping. tion and $16,000,000 of armory and
The South reported 17 dead in the institutional building. The Repub-
tornadoes which twisted, through lican member proposed to submit the
Alabama, Georgia, Louisiana and proposal to a vote of the people in
Mississippi; six were dead in the April if approved by the Legislature.
Eastern storms, and Ohio, Illinois and Gov. William A. Comstock prompt-
Pennsylvania added more than 20 fa- ly took issue with Representative
talities. Brown's referendum proposal.
Relief Promised Tuesday "I cannot see the necessity of a
The forecasters promised all sec- vote on the issue of raising money
tions relief Tuesday. They said the to provide jobs. If the constitutional
East's snow - eight inches in New mandate limiting the vote on bonding
York- would let up, and said issues to taxpayers is enforced many
warmer weather was moving into people would be disfranchised. I will
the Midwest, West and South. veto any bill bearing such a referen-
Fires and a train wreck added to dum," the Governor said.
the disaster. Six died in a hotel blaze Representative Brown claimed to
in Utica, N. Y., and three were killed have substantial support for his bill.
and one seriously injured when a The $12,000,000 loan to build highway
Pennsylvania Flyer, the Fort Dear- separations would be amortized over
born, crashed into a truck in Delphos, a 15-year period from State highway
O. In freezing cold, firemen battled revenues. The other $18,000,000 obli-
two fires in Chicago which did dam- gation would be retired by sinking
age estimated at half a million dol- funds to be built up from general
lars. fund revenues.
"Dirty weather," sleet and snow, Representative Brown insisted the
grounded the Army fliers in the East- referendum clause would not ser-
ern bases and kept the airmail from iously delay getting a public works
movement there. Planes went through program under way. His bill would
on schedule west of Chicago, and air require the Governor to order a spe-
traffic was opening at Denver. cial election within 15 days after it
Southeast Mail 'On Dot' was signed. The law itself would be-
Kansas City headquarters said come operative 30 days after it had
service was "uncertain." In the been approved by the voters. It would
Southeast, however, the Army ships be possible, Brown estimated, to have
took to the air "on the dot." the program in effect in April.
High winds struck Florida with cold
rain as a chaser.
Charlotte, N. C., found its supply OratoricalSeries
of cooking gas dwindling as utility1 T
facilities failed. New York called out T o Close id sdiy
the militia, recruiting National
Guardsmen to boss gangs of snow The 1933-34 Oratorical Association
shovelers. Fashionable Long Island Lecture season will close Thursday
towns found food supplies low. when Dr. Amos O. Squire presents
Birmingham watched the mercury an intimate discussion on "Famous
drop from 76 to 22 overnight, . Criminals I Have Known," at 8 p. m.
It froze as far into the Southwest in Hill Auditorium.
as San Antonio, Tex. West Virginia For 20 years Dr. Squire served as
was snowed under a fall of 16 inches, chief physician of Sing Sing Prison
in the Medicine Bow Mountains of and is at present still consulting
Wyoming there was 3 feet of it. Kan- physician there. Thousands of crim-
sas City experienced its coldest Feb. inals have come under. his observa-
26; it was 2 below. White River, Ont., tion in one of the most famous penal
was an even 50 degrees colder than institutions in the world. He is said
that. to know these jcriminas and the
law as few men do.
' ODuring this 20-year period Dr.
To er nca med Squire came in contact with every
1Tickets For Sale type of criminal and degenerate
known. It is of his observations dur-
ing that time that he will speak on
All tickets for the Frosh Frolic Thursday. His many years of service
which are being reserved by com- have made him an accurate analyst
mitteemen will have to be claimed be- of human character.
fore Thursday, March 1, after which
date they will be placed on open sale, ADELPHI MEETS WEDNESDAY
according to William P. Oliver, '37, Adelphia House of Representatives
chairman of the ticket committee. will meet at 7:30 p. m. Wednesday
This step is being taken in order in the Adelphi Room on the fourth
to avoid a recurrence of the diffi- floor of Angell Hall instead of on
culties encountered by the J-Hop Tuesday as has been the custom, it
committee with "promised" tickets. was announced last night. Under-
A few will be reserved until after graduates who wish to tryout for
the general sale has been closed and membership should come prepared to
can be secured by freshmen from the give a five minute speech on a sub-
ticket chairman. ject of their own choosing.
Grandson Of Author Of 'Peck's
Bad Boy' Slain By Texas Farmer
SEGUIN, Tex., Feb. 26- (P) - J. Wirtz, attorney for the company
Gerald W. Peck, Chicago financier and a former state senator, climaxed
and grandson of George W. Peck, recurrent demands Halloman had
Sr., author of "Peck's Bad Boy," was made on the company for additional
shot and killed by a disgruntled payments.
farmer, Tom Halloman, Sr., 67 years "I thought it was all over and the
old, at a meeting of the board of di- conversation was ended," Wirtz said.
rectors of The Texas Hydro-Electric "I thought Mr. Halloman had de-
Co. here today. cided to leave the office. He turned

Halloman had been engaged in a toward the door, then w h e e 1 e d
long controversy with the company, around and began shooting."
of which Peck was president, over The first bullet went wild. The
naovmpnt f ne amoac epqnr the fnanii_ cpinand cine Pp(-.in the right+ cia.