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January 25, 1935 - Image 1

Resource type:
The Michigan Daily, 1935-01-25

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The Weather
Possibly light snow and
warmer Friday; snow flurries
and colder Saturday.

OIit igazi


Enter The N.S.L....
The Perspicacity Of The
English ...




Supreme Court "Gold Clause" Case
Is Analyzed By University Experts


Tells Jury
Hauptmann Claims He Was
In Bronx Bakery During
Time Of Crime
Carpenter Ascends
Defense Witness Refuses
To Back Bruno's Alibi
On KidnapNight
FLEMINGTON, N. J., Jan. 24. - (P)
- Bruno Richard Hauptmann today
began to present his alibi in the kid-
naping and murder of the Lindbergh
baby. His voice low and guttural, his
manner condident, the German car-
penter just before adjournment de-
clared he stayed at home throughout
the entire night in which the state
of New Jersey alleges he collected
$50,000 in ransom in the shadows of
St. Raymond's Cemetery.
Hauptmann's deliberate story did
not reach the point of his alibi for the
night of March 1, 1932, when he is
accused of climbing a crude ladder to
kidnap and kill the Lindbergh baby.
That alibi, says the defense, is that
the accused killer was in a Bronx bak-
ery, "sipping coffee, chatting with his
wife," at the very hour of the crime.
But his alibi was joltedsomewhat
late today when the baker and his
wife, testifying between Hauptmann's
two trips to the stand, were not sure
enough to bolster it.
Christian Fredericksen, the Danish
baker,scouldn't "swear to it" that
Hauptmann was there.
Tells Of Life
Hauptmann's voice, husky, heavily
accented, told the story of his life
today - a life, he said, of hard work,
thrift, of bank accounts, of money
hoarded in his home, money that fi-
nally went into the stock market.
It was a quiet life of work and
simple pleasures that he described as
he reached the night of April 2, 1932,
when Dr. John F. (Jafsie) Condon
handed a box of money to "John" of
The Bronx cemetery - the "John"
who he says, was Hauptmann.
Slowly, under the careful questions
of Edward J. Reilly, his chief of
counsel, Hauptmann told how he quit
his carpenter's job that day and went
Q -Now on April 2, after you came
home from work in the neighborhood
of 6 o'clock, did you ever leave youi1
home that night?
A -No, Sir.1
Q - You were in your house all that
A -All that time.
The old Hunterdon County court-
room was jammed as it never had]
been jammed before as Hauptmannf
stepped lightly to the stand, un-
abashed by the hundreds of eyes that.
followed his every move.
Nor did the steady, alert gaze of
Col. Lindbergh disturb the stolid 13ris-
Alibi Witness Hinted
Just before be became the first wit-.
ness in his own defense, C. Lloyd
Fisher, one of his attorneys, had
startled the courtroom with the dec-
laration that the defense would pro-
duce "the man who has always been1
considered by the State of New Jersey
to have been the last man and the a
only man to actually see the man who
did the kidnaping."
The witness, he said, had been in
the courtroom throughout the 16%/21
days of the state's case, but never was
called. Fisher indicated that his tes-
timony will show that he saw a man<
with the kidnap ladder driving near
the Lindbergh Sourland house a few1
hours before the kidnaping, "and that
man wasn't Bruno Hauptmann."

Fisher's recital of the defense case,
as given to the jury of four women
and eight men, also promised proof
of iron-clad alibis for the dates the
state has used to connect the car-
penter with the kidnaping and murder
and the ransom money.
Earlier, Justice Thomas W. Trench-
ard, presiding, had denied a defense
motion for a directed verdict of ac-
State Salary Raise
Asked In New Bill
LANSING, Jan. 24.- IP) -The Leg-
islature was asked Wednesday to
initiate .a constitutional amendment
to increase the salary of the governor
from $5,000 to $15,000 and to pay the
attorney general, secretary of state,
state treasurer and auditor general1
$5,000 instead of $2,500 yearly.



By FRED WARNER NEAL contract involving a medium of ex-
The possible outcomes, the reasons, change - not for a certain quantity
and the consequences of the United of gold, but for so much gold as
States Supreme Court's decision on money.
the famous "gold clause" case, which "In similar cases following the Civil'
is being anxiously awaited by the en- War, the Supreme Court has held that
tire nation, were analyzed yesterday a bond contract for so many ounces
by University authorities in the fields of gold should be viewed as a contract
of law, economics, political science, for a commodity," Dean Bates de-
and history. clared. "But there is no real prece-
Involving more than $100,000,000 in dent for this case. The court may de-
government and corporation bonds, cide as they did after the Civil War,
the decision on the President's power and again they may not."
to make "gold clause" contracts pay- The second argument advanced by
able with devaluated dollars will have those opposing the government is that
a vital effect on the country. Accord- it is unconstitutional for Congress to
ing to administration officials, if the delegate its power of monetary reg-
government's action is not upheld, ulation to the President, the Dean
there is a possibility that ,the entire said. The government answers this,
New Deal monetary policies may be- he continued, as follows: The act
come entangled. of Congress giving the President power
Dean Henry M. Bates of the Law to devaluate the dollar is a delegation
School, nationally noted jurist, cited of legislative power to be sure. But
two possible arguments made by those the act states the conditions on which
who oppose the President's action. "In the President may act, and gives him a
the first," he explained, "the decision standard on which to work. That is,
rests entirely upon the 'due process the act says the President may not
clause' in the fifth amendment to the devaluate the dollar more than 50
constitution. per cent, and that he must act so as
Dean Bates pointed out that the to promote general business conditions
constitution gives Congress all power and keep exports at a high level.
with regard to money, and said that Dean Bates explained that in the
the government argues as follows: recent "hot oil" case, the Supreme
Congress may regulate money, even Court based its decision of uncon-
when an existing contract is broken. stitutionality on the fact that the act
But this is not a violation of the due set forth no policy and-gave the Pres-
process clause, because the bonds are ident no criteria on which to act.
not contracts for a commodity, but a "In the act giving the President

power to reduce the dollar's gold con-
tent," Dean Bates pointed out, "there
is probably more of a policy stated
than in the act involved in the oil case,
but this is debatable."
Professor Leonard L. Watkins of
the economics department, advanced
his theories as to the consequences of
a decision adverse to the government.
"If the court should insist upon pay-
ment according to terms of the bonds,
that is at dollars of 23.22 gold con-
tent," Professor Watkins stated, "it is
unlikely that actual gold payment
would be prescribed. The gold issue is
the question as to whether the equiv-
alent in terms of current legal tender
mroney might be required.
"This requirement," he continued,
"would mean a premium of about 69
per cent in terms of current dollars on
all gold bonds at maturity. In event
of such a situation arising, the gov-
ernment might utilize the profits on
dollar revaluation in paying the prem-
ium on its bonds, although these prof-
its would cover but a small part of its
added obligations."
Professor Watkins pointed out, how-
ever that "corporations would be with-
out this aid, and it is difficult to see
how they could carry out their con-
tracts. If n'o remedy were applied," he
went on, "a serious situation would
result, mitigated only by the fact that
maturities and interest payments
(Continued on Page 6)


Japan s Bombs
Rain On Jehol
Chahar Border
Peiping Officials D e n y
Further Action; Report
PEIPING, China, Jan. 24 - (P) -
Japanese bombing planes, raining
death, roared out again today over
the Mongolian plains that echoed
700 years ago to the hooves of Genghis
Khan's horsemen, reports reaching
Peiping said.
With 50 or more killed and wounded{
in the three days of Sino-Japanese
fighting along the Jehol-Chahar'
border some 90 miles north of Peip-
ing, the Japanese military attache's
office in Peiping asserted "no fur-
ther action is likely."
Halt Own Advance
A Japanese infantry advance into
the Chinese province of Chahar, lying
adjacent to the southwestern por-
tions of the Japanese-created empire
Manchukuo, apparently had been
halted by the Japanese themselves.
The Rengo (Japanese) news
agency, however, reported 'from
Hsinking, capital of Manchukuo, that
along the border, operations had been
renewed today.
A fleet of 20 armored cars, which
cleared the way for the estimated
2,000 Japanese and Manchukuan sol-
diers who struck at Chahar towns
Tuesday - also was reported cruis-
ing about the Chahar plains, near
Tuhsikou and Kuyuan at the Jehol
Deny Bomb Dropping
The Japanese military authorities
here denied the planes had dropped
any further bombs, asserting "the de-l
sired conditions within the disputed
area have been accomplished."
Advices to the Chinese national
government at Nanking said the Cha-
har dispute had been settled. The
advices came from Peiping.'
A Chinese military spokesman here
said there had been no major devel-
opments along the border since 7+
p.m. yesterday, confirming reports
the Japanese advance had been
-1- - -

Student Finds Another
Planned Economy Slant

H it s Criticism
0 f Professors

There are stories and stories of T
absent-minded professors, but the in Governm ent
prize story of the month is one of an
absent-minded student. The identity
of the student in question is un- Remer Declares Charges
known, but B. W. Holden, local ticket 'Fantastic'gRadio
agent of the M.C.R.R. vouches for During
the story. Address
It seems a University student was
so bent on returning to his studies "Fantastic charges," was the term
at the conclusion of the Christmas u
holidays, that he got off the train by Prof. Charles F. Remer of
minus his suit coat. The coat bore the economics department in des-
a Union button in the lapel. In one cribing the criticism directed against
side pocket there were two small boxes college professors who are aiding in
of powder and a pair of socks, while the formation of governmental poli-
the other one had two pair of socks cies in Washington, in his radio talk
and a single box of powder. A tube at 10 p.m. yesterday over station
of toothpaste was discovered in the WJR broadcast from Morris Hall.
top pocket.I' Enumerating some of the criticism
A detailed search failed to uncover which was so unfair as to make it
the rest of the wardrobe, but this humorous," Professor Remer said, "we
much of it awaits the owner at the are told by one editor, for example,
Michigan Central depot. that 'the president was rushed off
his feet by his college professors.' The
Republican platform of a neighboring
Dea th Toll Mounts state referred to 'the sinister and
hidden purpose of the so-called brain
As-Storm Subsides trust.' And one member of Congress
--- came out with the charge that pro-
(By Associated Press) ' fessors proposed to 'RussianiZe every-
Winter played a stormy symphony thing.'"
across the continent Thursday, and Charge Theorism
as the stinging cold and paralyzing Others, he remarked, charge the
snowstorms began to subside the na- professor with being just a "theorist,"
tion counted more than 170 dead in and some say that professors "spend
traffic mishaps, flood, fire, and sub- their lives in mental acrobatics, plan-
zero weather. ning this and plotting that."
On opposite shores of the continent, Calling himself "one who stayed
Bitish Columbia and New England home," Professor Remer took a spec-
dug their way out of snowdrifts that tator's point of view and discussed
had isolated cities and towns, wrecked where the university professors came
communication lines and blocked into the formation of the general
The mercury sank to 60 below zero policies of the NRA. He said that
in Quebec province, and zero weather economists had little to do with the
moved into the eastern states for the formation of the monetary policy,
night. But the grip of sub-zero tem- saying that it was mainly dictated by
peratures was relaxing in the Middle a powerful group in Congress and
West after a siege that caused days in the country. In the London Con-
of intense suffering. ference, he further asserted, the
g-__ _economists were not responsible for
SILENT ON APPOINTMENT the American policy, which was set
WASHINGTON, Jan. 24-(P)- forth there.
Gen. Douglas MacArthur, army chief Not Universally Accepted
of staff, met with silence today re- Admitting that the restriction of
ports from Manila that he was under agricultural production and the modi-
consideration for high commissioner fiable gold standard came from the
in the Philippine Commonwealth\ minds of the economists, Professor
Government to be established there j Remer stated that they did not carry
within a year. with them the general support of the
--------__ - economists of the country.

Opera Singer
Gives Recital
Here Tonight
Mme. Lotte Lehmann To
Make Ann Arbor Debut
For Choral Union
Prima Donna Famed
Throughout Europe
Will Present Program Of
Mendelssohn, Schumann
And Rachmaninoff
Lotte Lehmann, the distinguished
new recital and Metropolitan Opera
star, will make her Ann Arbor debut
in the Choral Union Concert Series
at 8:15 p.m. tonight in Hill Auditor-
ium, when she will present a varied
recital program.
Mme. Lehmann has never before
been heard in Ann Arbor, although
she is now in her fifth season in the
United Etates, largely because her
limited tours in this country have
been filled with operatic engage-
ments. More than a year ago a con-
tract was at last consumated by which
she was made available for an Ann
Arbor appearance.
Won International Fame
The prima donna, before coming to
this country, had already won inter-
national fame, having distinguished
herself in the foremost opera houses
of Europe and South Americ and
having received the rare distinction
of honorary membership in the
Staatsoper in Vienna. In London she
was acclaimed season after season as
a leading soprano at Convent Gard-
ens. In Paris, after her thrilling per-
formance in Beethoven's "Fidelo," she
was decorated with the rosette of the
Legion of Honor. Sweden awarded
her the Medal of Art, and more re-
cently in Vienna, the "Ring of Hon-
or" was bestowed upon her by the
Vienna Philharmonic Orchestra. She
is the only woman artist ever to be
thus honored.
Varied Program Chosen
Mme. Lehmann's program for to-
night will be composed of the fol-
Mendelssohn: Suleika, Die Lie-
bende Schreibt, Ventianisches Gon-
dellied, and Der Mond; Gretchanin-
off: Over the Steppe, and Cradle
Song; Rachmaninoff: In the Silence
of the Night; Gretchaninoff: My Na-
tive Land; Schumann: Der Nuss-
baum, Waldespesprach, An den Son-
nenschein, Ich grolle nicht, and Auf-
trage; Sadero: Fa la nana, bambin';
Balogh: Do Not Chide Me; Cadman,
Politics Just Doesn't
Seem Right This Way
There doesn't seem to be anything
pugnacious about Ann Arbor politics
- at least not where Mayor Robert A.
Campbell and his opponent, Prof.
John Muyskens of the speech depart-
ment, are concerned.
Both Professor Muyskens and May-
or Campbell appeared on the same
program at a Masonic meeting in
Jackson Wednesday evening. The two
men have long been acquainted, and
as they both planned to attend the
meeting, they made the trip together.
In introducing them, the presiding
officer said, "Here is the Republican
mayor and the Democratic candidate
travelling together. What kind of a
campaign do you have in Ann Arbor,

Mayor Campbell and Professor
Muyskens smiled at the chairman
and at each other, but did not deign
to make an answer.

Early Poll Returns


U0 Of M. Opens
State's I100th
Campus Broadcast Begins
Centennial Anniversary
Of Statehood
The opening of the two year Cen-
tennial celebration of the admission
of Michigan to statehood will be
marked by a broadcast from the cam-
pus radio studios at 5:30 p.m~. tomor-
row, it was announced yesterday by#
Prof. Waldo M. Abbot, director of the
University broadcasting service.
Of all the radio stations in the state,
the Morris Hall studio which broad..
casts over WJR was chosen' to initiate
the Centennial, according to Profes-
sor Abbot.
The University Glee Club will be
featured on the program with songs
intimately associated wits Michigan.
Dr. Randolph G. Adams, director of
the William L. Clements Library, who'
will be introduced by President Alex-
ander G. Ruthven, will give a talk re-
lating the Michigan Centennial to
other historical events whose anni-
versaries might be celebrated in the
near future. Among these are the
400th anniyersary of the first white
settlement in Canada, which led to ex-
plorations in Michigan; the 350th an-
niversary of the first white settlement
in North America; and the 300th an-
niversary of the coming of the first
white man to Michigan.
State Representative James Frey
and Mrs. George E. Shemahorn, state
regent of the D.A.R., will also give
talks during the program.
Maternity Hospital At
Beulah Is To Be Probed
BEULAH, Jan. 24 -(4")- Unfolding
of the .story of the operation of a
maternity hospital near here that
Attorney General Harry S. Toy says
is a "baby farm" where infants have
died of "strangulation, malnutrition
and pneumonia," was started this
morning before Circuit Judge Fred S.
Lamb, sitting as a one-man grand
Edward L. Brooks, Jr., named by
the attorney general with his father
and mother as proprietor of the es-
tablishment, was the first witness
summoned before the judge.

Sings Here Tonight

Peace Questionnaire Of
Literary Digest Reveals
League Majority
Would Fight Only
In Defensive War
Favor Federal Control Of
Munitions, Capital And
All Man-Power
Undergraduates at Michigan and
other universities in the United States
are definitely pacifistic in their be-
liefs, earliest returns in the Literary
Digest Peace Poll of more than 325,-
000 college students indicate.
The 2,500 Michigan students who
have already returned their ballots
favor by a slight majority the en-
trance of the United States into the
League of Nations. Early reports
from the entire country, including
approximately 30,000 votes, also fav-
or entrance into the League.
Seventeen hundred Michigan stu-
dents voted that "the United States
could stay out of another great war,"
while only 738 voted that it could not.
The returns from all 30 colleges in-
dicated that the opinion on that sub-
ject expressed by students here is
representative of college students.
Would Bear Arms
Undergraduates here would "bear
arms in defense" of the nation only
if its borders were invaded, and not
"in the invasion of the borders of
another country," the early returns
disclosed. Nineteen hundred said
that they would fight if the United
States was invaded, and only 500 said
they would not. However, 2,100 would
not bear arms in the invasion of an-
other country, and 300 would.
In answer to the question, "Do you
believe that a national policy of an
American navy and air-force second
to none is a sound method of insuring
against being drawn into another
great war?" One thousand eight
hundred Michigan students voted no,
while only 700 voted yes.
The Michigan student body, in the
early returns, was overwhelmingly
in favor of government control of
the armament and munitions indus-
tries. Likewise, it advocates "the
principle of universal conscription of
all resources of capital and labor in
order to control all profits in time
of war."
Returns Are Representative
On all of the seven questions pre-
sented in the poll, the early returns
from Michigan are similar to those
from the entire group of college stu-
Opinion on the entry of the United
States into the League of Nations
is almost evenly divided, the returns
show. Sixteen colleges reported fav-
orably on this issue, of which only
five, Michigan, Wisconsin, Iowa, De-
Pauw, and Chicago, were from the
Middle West.
Eastern colleges, however, were
heavily in favor of the United States
entering the League, with only George
Washington, Lehigh, Pennsylvania,
Penn State, and Syracuse opposed.
Majority Votes Tallied
Majorities in all 30 colleges voted:
That the United States could stay
out of another great war; that they
would fight if this country were in-
vaded; that they would not fight in
the invasion of the borders of an-
other country; that the government
should control the armament and
munition industries; and that there
should be universal conscription of
all resources of capital and labor in
time of war.
All the universities, except Georgia,
Indiana, and Purdue, voted that a
navy and air force second to none
is not a sound method of keeping
the United States out of a war.
In addition to those colleges al-
ready mentioned, results have been

submitted by: Amherst, Colgate, Col-
umbia, Cornell, Dartmouth, Harvard,
Illinois, Missouri, Nebraska, North-
western, Ohio State, Princeton, Smith,
Temple, Texas, Wellesley, and Yale.
Although no results have yet been
received from Queen's University in
Canada, the same questions, altered
to fit the special case, are being put
to undergraduates there as a test of
the Canadian anti-war sentiment.
State Commission Acts
To Save Natural Wells
T.ATPTTt1Tr n - . !.. C r n,-


Bright Future For American
Opera, Thinks Mme. Lehmann,

The United States is on the upturn
insofar as music appreciation, es-
pecially appreciation of opera, is con-
cerned, in the opinion of Mme Lotte
Lehmann, concert and Metropolitan
Opera star, appearing tonight in Hill
Auditorium, who was interviewed yes-'
terday on the subject.
Contrasting the attitude of Amer-
icans and of Europeans, Mme. Leh-
mann commented on the compara-3
tive lack of interest evidenced in!
recent years by people of this coun-
try. "My life has been so'bound up
with music," she explained, "that I
could not understand how people

the reception of the actual perform-
ances. I believe, to the contrary, that
radio is doing much to make Amer-
icans opera-conscious. Radio takes
the opera to the smallest towns where
ordinarily people would have no op-
portunity to hear it."
Concert and opera singing are like
two different worlds to Mme. Leh-
mann, and she likes them both equal-
ly. After appearing for a time in one,
she begins to long for the other, she
said. It is perhaps easier to sing inj
opera, however, for there one does
not carry the whole burden, she ex-
Perhaps the most difficult part of

"Of the NRA it may be said that
it came immediately from a small
group in Washington," Professor
Remer said, "among whom the econo-
mists played a very modest part.
Behind this immediate source were
plans and proposals which did not
come in any large measure from
economists. They came more largely
from business than from any other
source. In short, the NRA was created
by business, with amendments by
Prof. Roger L. Morrison of the
College of Engineering, who spoke
after Professor Remer, discussed the
twenty years of highway conference
which have been held at the Univer-
sity, and stated that the next con-
ference ,would be held Feb. 12, 13,
and 14.
Summarizing the development of
transportation since the first high-

Prof. Louis Strauss Interprets
Answers To Collete Peace Poll
Prof. Louis A. Strauss, chairman of ent, and the determination of whether
the English department, yesterday the war is actually offensive or de-
.o cur-fensive is extremely hard to make.
gave his interpretations of the "It isn't really possible for an indi-
rent Literary Digest college peace vidual to decide whether a warfare is
poll. Both. he and Prof. Preston W. offensive or defensive," Professor
Slosson of *the history department I Strauss said. "Accordingly I should
agreed that the question, "Do you be- feel compelled to accept the decision
lieve that the United States could of the government."
stay out of another great war?" could Professor Strauss and Professor
not be answered without qualifica- I Slosson differed in their answers to
tions. Both men emphasized that only the question, "Do you believe that a
circumstances could decide the case. national policy of an American navy
If the borders of the United States and air force second to none is a
were invaded, Professor Strauss said sound method of insuring us against
that he would bear arms in defense being drawn into another great war?"
of his country without hesitation. Professor Strauss answered "yes"
Asked if he would bear arms for the to the question saying that he did



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