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April 04, 1935 - Image 1

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Publication:
The Michigan Daily, 1935-04-04

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The Weather
Fair and continued cool to-
day, with moderate variable
winds.

L

Sl .r Ig".au.

E at

Editorials
Convocation Against War .,,
Faculty Men Rewarded ...

VOL. XLV. No. 138 ANN ARBOR, MICHIGAN, THURSDAY, APRIL 4, 1935

PRICE FIVE CENTS

Find Man
Guilty In
Milk Trial
Court Says That Walker'
Boarding House Violated
City Ordinance
Served Ungraded,
Dirty,_Raw Milk
Defendant Claims That He
Only Used It For Cooking
Purposes
Alva C. Walker, proprietor of the,
boarding house at 611 Church St., wasf
found guilty yesterday in Justice Jay
H. Payne's court of violating the City
Milk Ordinance by bringing in andl
serving dirty, ungraded, raw milk, and{
handling and keeping it in an un-
sanitary manner. -
Testimony brought out by Harold J.
Barnum, City Milk Inspector, showed
that the raw milk in the possession
of Mr. Walker on March 18 was ex-
tremely dirty, and that the bacterial
count was five times as high as that
permitted for Grade A raw milk. Mr.
Barnum testified that Mr. Walker
had applied to him for a license to
bring milk into the city, but had been
refused after an inspection of his farm
had shown that conditions there were;
''very bad."'
Dr. Lloyd R. Gates, Health Service
Sanitarian and a state dairy inspector,
accompanied Mr. Barnum on an in-
spection of the same farm last month
and testified that the farm was inn
poor condition and that the barn was
unsanitary. He further testified that.
there were not adequate facilities for^
cooling the milk, and that they had
found two milk pails which had rings
of manure around the inside.
Mr. Walker based his defense and1
testimony on the fact that the milk
had been used only for cooking pur-
poses .and had not been sold to the
students boarding at his establish-
ment.
City Attorney William M. Laird
brought out in cross-examination
that the milk, was however, avail-
able to the employees of the boarding
house, all of whom are students ex-
cept the cook. It was also brought
out that this milk was the only milk
available for them except that left4
over from the regular dinners.
Rebuttal cross-examination broughtt
out that in the past Mr. Walker had
served raw milk directly to students,1
and a former employee testified thatt
he had observed, last year, emptyt
half-pint Ideal Dairy bottles being
refilled with raw milk and recapped.
The jury returned a verdict in half
an hour, and Justice Payne fined thet
defendant $25 and costs of $15.95. t
Immediately after sentence, John
Conlin, Mr. Walker's attorney, filed
notice with the court of intention
to appeal. The appeal will be heard
this morning, and, if granted, the case
will go to the Circuit Court.
Mrs. Cerwinka'
To Take Standt
In Trial Today
Will Attempt To Refute
Charge Of Complicity
In Slaying
Mrs. Celia Cerwinka, on trial in

the circuit court a an accessory in
the murder of her husband, Mike Cer-
winka, last November, will take the
stand today to refute yesterday's
testimony of George I. Hawley, Jr.,
now serving a life term for the mur-
der, according to Frank B. Devine,
attorney for the defense.
Hawley's testimony was to the ef-
fect that Mrs. Cerwinka had promised
to marry him if he "got rid of Mike."
Questioned by defense counsel as
to why he had not implicated Mrs.
Cerwinka when he confessed last fall
to the murder of her husband, Haw-
ley replied, "I done it to shield her."
"There's no use of my taking all
the blame," Hawley added under
further questioning. "I made up my
mind to quit shielding her when I got
to prison."
Responding to the questions of
Prosecuting Attorney Albert J. Rapp,
Hawley recalled that Mrs. Cerwinka
had promised to marry him "after I
got rid of Mike" on Nov. 25, two days
before the actual killing took place.
Hawley stated, that Mrs. Hawley had
naxvn him saving- that he would

Dr. Preuss Explains Theory
Behind German Rearmament,

By JOHN J. FLAHERTY
Germany's justification of the ab-
rogation of part five of the Versailles
Treaty, dealing with armaments, was
reviewed by Prof. Lawrence Preuss
of the political science department in
an interview granted yesterday.
From the reaction of the world
press to Hitler's March 16 announce-
ment that Germany was rearming,
one would think that she had just
begun arming, while .in reality it was
already an accomplished fact, Profes-
sor Preuss said. The storm troops and
the labor camps, he continued, pro-
vided basic military training. The
Reichswehr was above treaty limits
and the police were really a military
unit, many of them being non-com-
missioned officers in the army.
Under the National Socialist Gov-
ernment Germany has never consid-
ered the Treaty of Versailles as a
legal obligation but merely a politi-
cal fact supported by the superior
strength of the allies.
Hitler's government has contin-
uously subscribed to theory that
German armies were never defeated
in the field, but were "stabbed in the,
back by Marxist traitors at home."

Hitler refers to the German Republi-
can signers of the Versailles treaty
as "the November traitors."
Under National Socialism there is
a widespread theory in Germanythat
the Republic was a ''legal vacuum,"~
Professor Preuss said, and enact-
ments of the Republic are thought of
as lacking legal force, whenever they
conflict with National Socialist
principles. Even the courts, he said,
never freed from their nationalist
And monarchial elements, always re-
vealed the attitude toward the treaty
of Versailles, which is now thought
of purely as National Socialist.
Hitler's statement of March 16 tries
to give a legal justification to German
abrogation of the treaty, Professor
Preuss said. At Versailles restriction
on German armament was imposed as
a prerequisite to the disarmament of
other parties of the treaty. Hitler
says the others have not fulfilled
their obligation and that Germany
is released from fulfilling hers.
Another justification that Hitler
uses is an appeal to the rather dub-
ious tenet of international law known
as "rebus sic stantibus," or the doc-
(Con:inued on Page 6)

..

Man Tar red,
Feathered B y
Ohio Students

Prizewinners
Will Sponsorj
New Contest

Say He Published False'
Articles Concerning Pi
Kappa Alpha
ATHENS, O., April 3.- (A')I-
Tarred and feathered by a group of
Ohio University students, Harley
Thompson, 55, an insurance sales-
nian, said tonight he would file
charges against Robert C. Moore, 22,
Cleveland, president of the Pi Kappa
Alpha fraternity.
Sheriff Charles Stratten said Moore
admitted he was one of five students
who took Thompson to a cemetery,
applied roofing tar with sticks and
topped it with feathers from two pil-
lows. Moore refused to name the
other students, the sheriff said.
Thompson istunder a physician's1
care for congestion of the lungs re-
sulting from exposure.
Moore was quoted by the sheriff as
saying that Thompson was punished
for articles Thompson allegedly sent
to the Ohio Examiner concerning the
fraternity members. Stratton said
Moore told him Thompson promised
to discontinue writing for the publica-
tion if the students would release him.
Thompson said he was seized on the1
streets by two masked youths Tues-
day night, blindfolded, and taken to
the cemetery in an auto. During
the ride, two students sat on him, he
said.
Alumni Council
Head Is ElectedI
WASHINGTON, April 3. - (R) -
Felix A. Grisette, for six years direc-
tor of the Alumni Loyalty Fund of
the University of North Carolina at
Chappel Hill, N. C., today was elected
president of the American Alumni
Council.
Other officers will be elected by the
convention tomorrow.
Tonight alumni of 71 colleges and
universities met at private dinners in
various parts of the city in what was
said to be the largest inter-collegiate
affair of its kind ever held.

Architecture Students To
Offer Award For Plans
Of Peace Memorial
Four University students, who re-
cently were awarded first prize in a'
national collaborative contest in the
fields of architecture, sculpture,
painting, and landscape design, have
offered to donate a portion of their
cash award for the promotion of a
similar contest among students en-
gaged in that work here.
In announcing the tentative plans
for the contest yesterday the donors
of the award said that objective of
the competition was to promote co-
operation in the four associated fields.
The four students, Rudolph A. Mat-j
tern, '35A, Donald B. Gooch, '35Ed.,
Jane H. Higbie, '38A, and Richard I.
Levin, '35, were the recipients of the
$300 first prize in the contest spon-
sored recently by the Association of
Alumni of the American Academy in
Rome. The problem was to design
the building and grounds for a mu-
seum of natural science and entries
were submitted from colleges all over
the country.
The problem selected by the group
for the competition among students
of this University is to design an ap-
propriate peace memorial. The con-
test will be open only to a number of
students of especially high standing
who are to be picked by faculty mem-
bers of the various schools.
Competition in the architectural
school will begin immediately after
Spring vacation and will continue for
one week. The fields of painting,
sculpture, and landscape design will
be permitted to start work the fol-
lowing week.
Judges for the contest will be Prof.
Roger Bailey, architecture, Prof. A.
Mastro Valerio, painting, Prof. Beav-
er Edwards, sculptor, and Prof.
George S. Ross, landscape design.
The drawings which brought thej
first prize award in the national con-
test to the Michigan team are being
exhibited in the main exhibition room
of the architectural school for the re-
mainder of the week.

Ann Arbor Of
Cosmic Value
Says Compton~
Terms Responsibility Of
University-Trainied Site
'Almost Overwlelming'
Speaks In Third Of
Martin Loud Series
Asserts That Concept Of
God Is Fundamentally'
Valuable
The responsibility of a university-
trained community, such as is found
in Ann Arbor, in the control of a form
of life called "man" which to all
knowledge is unique in the universe,
was described last night as "almost
overwhelming in its cosmic import-
ance" by Dr. Arthur H. Compton in
the third lecture on the Henry Martin
Loud series.
Before a large audience in the First
Methodist Church, Dr. Compton as-
serted that as a working hypothesis
on which to base any interpretation of
this world the concept of God is fun-
damentally valuable, whether it can
be proved or not.
Recognizes Supreme Power
Recognizing the presence of a su-
preme power, and recognizing the
fact that in only a very few planets
in the universe is life comparable to
our own possible at all, science can
thus have no quarrel with a religion
postulating God as interested primar-
ily in His "children here on earth,"
Dr. Compton stated.
Dr. Compton advanced evidence in
the three fields of physics, astronomy
and biology in substantiation of the
hypothesis that there is a divine in-
telligence in the world of nature. The
explanation of the atomic theory in
physics, the evolutionary theory in
biology, and the theories of the origin
and age of the universe in astronomy
-in all these phases of scientfic
knowledge a satisfactory solution can-
not be found without the recogni-
tion of a divinity whose purposes we
can only dimly perceive, Dr. Comp-
ton maintained.
Speaks In N.S. Auditorium
Speaking on "What Determines
Our Actions" yesterday afternoon in
Natural Science Auditorium, Dr.
Compton stated that man can have
freedom and still live in accordance
with the laws of nature.
Professor Compton opened his
speech with a very vivid example
proving that in the physical world the
laws of Newton cannot be applied
to individual or minute particles of
matter such as the atom, electron,
protron, or neutron. By this he
proved that what is going to happen
in the case of individual events can-
not be predicted according to the laws
of probability and that thus the oc-
currence of any "large scale event"I
that depends upon the single indi-
vidual events, cannot be predicted, for
nature is not observing exact laws
in individual cases or events.
Technic Staff
IS Appointed
For Next Year
Robert Taylor Is Managing
Editor; Ashley, Maurice
Taylor Also On Board

Robert L. Taylor, '36E, was named
to head next year's Michigan Technic
# at the annual Technic banquet last
night in the Union.
The list of appointments for the
rest of the new staff which was an-
nounced by the present publication
board is headed by Noble Ashley, '36E,
who was named editor, and Maurice
Taylor, '37E, business manager.
The editorial staff, according to the
appointments, are as follows: publi-
cation editor, Robert H. Baldwin,
'37E; articles editor, Hillard A. Sut-
in, '37E; professional notes editor,
James H. Walker, '37E; college notes
editor, Vincent Trimarch, '37E; hum-
or editor, James Wiegand, '37E; al-
umni notes editor, Newton G. Mc-
Fadyen, '37E; editor's assistant, F
William Donovan, '37E; contract edi-
tor, Robert E. Merrill, '36E; and edi-
torial assistants, Conrad Holben, '37E,
and Fred Jennings, '37E.
The business staff which was ap-
pointed last night consists of Maur-
ice Taylor, '37E, advertising; Karl
l Beers. '36E. accounts: Don P. Rev-

Waite Urges
More Power
For Officers
Asks That Police Be Able
To Arrest Those Whom
They Believe Guilty
Firestone Talks On
Rays In Detection
Four Professors Speak At
Third Session Of Law
Enforcement Officers
A greater range of power for po-
licemen was urged yesterday by Prof
John B. Waite of the Law School in1
an address to the third session of the1
Institute for Law Enforcement Offi-
cers in the old.Medical building.
"The police have to sell the public
on the idea that arrests not strictly
in accord with the minutest detail of
law may be necessary to control mod-
ern crime, but also that they will
make these arrests and seizures only
of persons whom they believe guilty,"
he declared.
"The police must make the public
see that they need certain privileges
and that these will be properly used,"
Professor Waite stated emphatically.
"And if they do this, public opinion
and the courts will grant them these
privileges."
Cites Court Ruling
Previous to prohibition, Professor
Waite said the Federal courts made a
ruling that evidence must be secured
by warrant or other very obviously
lawful means in order to be admitted,
and they have retained this ruling.
Before prohibition, however, he con-
tinued, the state courts did not agree
with this, and allowed considerable
latitude to officers in securing evi-
dence.
"When prohibition came," Profes-
sor Waite pointed out, "the law it-
self was not generally popular and on
top of this, too many stupid arrests.
searches, and seizures were made."
This resulted in a popular reversal of
attitude toward the police, he said.
"Now, however," Professor Waite
declared, "the emotional resistance
built up by prohibition has disap-
peared and we should go back to the
pre-prohibition attitude - not by con-
stitutional amendment, but by judi-
cial interpretation."
Hear Prof. Firestone
The Institute also heard Prof. Floyd
A. Firestone of the physics depart-
ment tell of the uses of ultra violet
and infra red rays in crime detec-
tion.
He described how the rays pene-
trate stains on clothing and docu-
ments and said that differences in the
basic composition of substances is
shown by the change of color when
seen under the infra red light.
The ultra violet ray is also used in
this regard, he pointed out, by appli-
cations of the principle of florescence,
It has also been of help in detecting
replaced sealing wax, ,e said.
LeRoy Smith of the state police
stated that the Michigan troopers are
reguarly using the rays for these tests,
and mentioned their use in appre-
hension of counterfeit money.
Dr. Fred J. Hodges of the Medical
School, concluded yesterday's meeting
by declaring that the age of a person
can definitely be determined up to
young adulthood by X-rays. The
identification of bodies is also pos-
sible by this means, as well as the dis-
closure of foreign bodies for autopsy
purposes, he stated.
The last session of the Institute will
be held today.

He Swaps Anything
From Soup To Nuts
In His Barter Post
Indiana has given the world presi-
dents, statesmen, and deans, but the
Hoosier state does herself proud in
giving to Ann Arbor a clothing sales-
man supreme, who will barter any-
thing to make a sale. .
Thetvociferous salesman is one L.
C. Mock, a Alpha Kappa Psi, who
holds down the trading post on South
University. Harking back to the olden
days, Mock keeps alive the swap tra-
dition known in grandmother's day,
and recently brought to light by the
bank holiday of 1933.
Anything for a sale is Mock's motto,
and he carries out his slogan by trad-
ing Christmas ties, radios, and even
telephone numbers for his clothing
line.
Mock has numerous radios, musical
instruments, and even a Lincoln, of
ancient vintage but nevertheless a
Lincoln, which he has collected in his
bartering campaign.
Property Tax
I s Abolished
In Michigan,
University And M.S.C. To'
Obtain Appropriations'
From Sales Tax
LANSING, April 3. - (b) - The
state property tax was written off the
statute books today.
Governor Fitzgerald signed three
bills abolishing a six-tenths mill tax
appropriation for the University of
Michigan and two-tenths mill levy
for Michigan State College. They
were the only sources of state revenue
from real property.. The two insti-
tutions have received $3,500,000 a
year from property tax.
Repeal of the property tax levy
was one of the major planks in the
administration platform. For years
the property tax was the main source
of state revenue but delinquencies
mounted with the deflation.
The repeal movement started dur-
ing the administration of former Gov-
ernor Comstock._ Similar bills werej
passed by legislature of 1933 but were
vetoed by the former governor.
The per cent sales tax has replaced
the property levy as the chief source
of state revenue, yielding far more
income than the real estate tax in the
most prosperousj years. The Uni-
versity of Michigan and Michigan
State College will obtain their appro-
priations direct from the general
fund out of the sales.tax revenues.
The bills are pending the legislature
to levy a "measured" mill tax appro-
priation for the two institutions as a
yard stick for specific funds.
Young Republicans
Elect Lewis Kearns

Anti-War
IMeeting

I

s

Today

Prof. Robert Lovett To.
Deliver Main Address;
Abernethy Is Chairman
Strike Is Being
PushedBy N.S.L.
No Connection Between
Strike And Meeting In
Hill Auditorium
Prof. Robert Morss Lovett of the
University of Chicago English de-
partment will deliver the main ad-
dress before the anti-war meeting to
e held at 4 p.m. today in HillAudi-
orium. He will speak on "War and
the Colleges."
Professor Lovett's speech will be
preceded by a short talk by Cyril F.
Hetsko, '36L, who will speak on be-
half of the student body.
The chairman of the mieeting will
be George L. Abernethy, Grad., and
Professor Lovett will be introduced
by Winifred Bell, '36.
Professor Lovett, who in 1932 spoke
here on "Literature and Animal
Faith" in the first of the annual Hop-
wood series of lectures, is a member
of the editorial board of the New
Republic magazine and a contributor
o several other current periodicals.
Is Civil Liberties Head
He is also president of the League
for Industrial Democracy, vice-chair-
man of the American League Against
War and Fascism, and a member of
the American Civil Liberties Union.
It was on behalf of the latter organi-
zation that he furnished the $500
bond for Evelyn John St. Loe Strach-
ey following the seizure of the Brit-
ish Marxist economist on April 12
in Chicago by United States authori-
ties on charges of illegal entry.
Professor Lovett is also well-known
in the field of English literature. He
has written several books on the sub-
ject, one of which, "A History of Eng-
lish Literature," written in collabora-
tion with William Vaughn Moody,
was formerly used as *a text-book in
the English department here.
After teaching for two years at
Harvard, his alma mater, Professor
Lovett joined the English depart-
ment at the University of Chicago in
1893. He has held a professorial rank
there since 1909 and was Dean of
Junior Colleges from 1903 to 1920.
Professors On Committee
The anti-war meeting is being
sponsored by a specially-formed stu-
dent faculty committee under the co-
chairmanship of Martin Wagner,
Grad., and Abernethy.
The other members of the commit-
tee are Professors Howard Y. Mc-
Clusky of the educational school,
John F. Shepard of the psychology
department, Bennett Weaver of the
English department, and Roy W. Sell-
ars of the philosophy department;
Miss Bell, Patricia Woodward, '35,
Edward Litchfield, '36, Eugene R.
Kuhne, '35, Samuel Magduff, '37A,
Robert Johnson, '38, Russell F. And-
erson, '36, and William A. Babcock,
'35L.
Strike At 11 A.M.
"Student and guest speakers" will
address the anti-war meeting to be
held at 11 a.m. today in front of the
library, it was announced last night
by a strike committee of three mem-
bers.
The strike is being sponsored by
the National Student League, the
continuations committee of the Mich-
igan Youth Congress, and Adelia
Cheever house "in order that the
existent anti-war sentiment may be
given expression actively, in addition
to the passive response which is the
assembly."-
It was emphasized last night by
Abernethy that there is no connec-
tion between the Hill Auditorium
meeting in the afternoon and the
strike in the morning.

The Young Republicans Club in a
meeting last night in the Union de-
cided that it was "in favor of any in-
telligent efforts to outlaw war, but
felt that the strike was both futile
and uncalled for," according to a
statement by the club's committee on
policy.
Professor Lovett will arrive from
Chicago this afternoon. A dinner in
his honor will be held under the aus-
pices of the student-faculty committee
at 6:15 p.m. in the League.
Favorable Votes
Seen By Parties

The University Young Republican
Club met last night in the Union and
elected Lewis Kearns, '37L, to be
permanent chairman of the campus
group for the coming year.,
A committee on policy was electedj
,onsisting of Lucas Miel, '35L, Rob-
srt K. Sawyer, '35E, and Robert Ed-I
gar, '36F&C.I
George Meeder of Ann Arbor, presi-
dent of the Washtenaw County Fed-{
eration of Young Republicans and'
member of the State Board in Con-
trol of the Young Republicans, was
guest speaker and before a meeting
of 75 discussed the efforts of the
Young Republican movement to re-
build the Republican party of the
State and nation.
peen Science

A History Professor Sleuths
For Benjamin Franklin Clues
By MARSHALL D. SHULMAN plexing problems. For example,
Historical detective: a cross be- wouldn't this cryptic note in one of
tween Philo Vance in cap and gown, Franklin's journals puzzle you?
and a professor with an underslung "Animostity and Hatred will succeed
pipe and a magnifying glass. -Enemies will take Advantage.
A bit exaggerated perhaps, but fas- Spaniards &'Portuguese
cinating is the trail of clues from Genoese & Corsicans."
history in its manuscript form down That's easy, says Professor Crane.
to the finished textbooks, and as ! What might be taken for a bit of
demanding on intuition, ingenuity ultra-modern obscure verse is nothing
and downright knowledge as the de- but, a draft of an idea set down in
tection of a wily criminal. At least 1765 which appeared four years later
so Prof. Verner W. Crane of the his- j in expanded form in an unidentified
tory department finds it, in his work essay in a London newspaper, the
in sleuthing out the authors of man- "Public Advertiser," and later more
uscripts long unknown. fully in an ominous essay which
For the past several years, Professor warns that mutual provocations be-
Crane has been occupied with the task tween the colonies and England will
of identifying the anonymous polit- cause cordial affection to disappear.
ical writings of Benjamin Franklin and "an implacable Malice and mu-
during his periods of residence in tual Hatred, such as we now see sub-
England. These were the years just sisting between the Spaniards and
L. .F _. ,- - n .,,,,.. ] - -4 -,--.__ LI - _ . r .

No Conflict Betw

And Relo rn, Says Compton'

"A firm belief" that there is no f
conflict between science and religion
was emphasized in an interview yes-
terday with Dr. Arthur H. Compton.
noted American physicist and Nobel
Prize winner who is lecturing here
this week.
"Science and religion come from a
common origin," Dr. Compton de-
clared, "and they both are necessary
to a solution of the complex problems
of life." The renowned scientist said
that while many hold the two fields do
conflict, "I have fully determined to
my own satisfaction that they are in
harmony."
Dr. Compton asserted however, that
"while religion is not absolutely neces-
sary to a scientist, a recognition of
science is necessary to the clergyman."
But without religion, the scientist
E., ~ .n,-h avs .-Arirmnipt dOvelop-n-I

are many of the perplexing problems
of life that I expect to be solved by
straightforward methods," he said.
"And there are others the solution of;
which would surprise me."
"It is quite within the realm of pos-
sibility," Dr. Compton continued,
"that science will someday be able
to tell in what manner the universe
came to be in its present form - its
origin. But that does not explain
why it came to be. That is outside
the realm of science."
He denied that modern scientists
are more concerned with the pur-
posive side of their work than for-
merly, but said that "as you begin to
find out how, you are able to guess
why." The "why" of things, he con-
tinued, "is based on the idea that
there is a higher intelligence with
emotions similar to ours. And this is

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