The Weather"
Cloudy todasy, probably show-
ers tomorrow, not much change
in temperature.

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Mfr igau

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Editorials
Revival Of Swingout ...
,Library Exam Service ...

VOL. XLV. No. 176 ANN ARBOR, MICHIGAN, TUESDAY, MAY 28, 1935

PRICE FIVE CENTS

Councilmen, Board

Members

Selected

In Annual Balloting

Sullivan, Healey, Strayer
Elected To Publications
Control Board
Jennings Is Chosen
For Athleties Post

Felisenfeld, Strayer, Day,
Renner, Droulard, Sleet,
Polinan, Markham Win
In the annual elections held yester-
day, student members of the Men's
Student Council and the Boards in
Control of Athletics and Student Pub-
lications were chosen.
Student members of the Board in
Control of Student Publications, elect-
ed yesterday, are Robert R. Sullivan,
'36, of Detroit, formerly on the edito-
rial staff of the 'Ensian, John C.
Healey, '35, of Battle Creek, former
city editor of The Daily and Man-
aging Editor of The Summer Michi-
gan Daily, and John C. Strayer, '36, of
Buchanan, a former member of the
Gargoyle business staff. The above are
successors to Herbert B. Leggett,
George Van Vleck, and Jack Efroym-
vanson, all seniors.
Ferris Jennings, '37, of Ann Arbor,
was elected to the junior position on
the Board in Control of Athletics by
a vote of 261 to 66 over his opponent,
John Gee, '37, of Syracuse. Jennings
will succeed Frank B. Felsenfeld, '36,
of Indianapolis, who will move up to
the senior position to replace Russell
D. Oliver, '35, of Pontiac.
Of the nine candidates for the three
elected representatives of the literary
college for the Men's Student Counicil,
Fehsenfeld and Strayer tied for first
with 89 votes each, and William W.
Renner, '35, of Youngstown, won the
Droulard Wins
Nelson R. Droulard, '36E, of St.
Clair, was elected by 42 votes to rep-
resent the engineering college, and
Richard B. Pollman, '36A, of Ann Ar-
bor, defeated his opponent, Richard
N. Stickney, '36A, of Batavia, N. Y., by
a vote of 14 to 11 for the College of
Architecture's seat.
The new council will meet for elec-
tion of officers at 3:15 p.m. today in
the Union, it was announced last
night by Carl Hilty, '35, retiring
chairman.
The lightest votes were cast in the
School of Music, the School of Bus-
iness Administration, and the School
of Forestry and Conservation. Eight
students voted in the ballot which
elected Roscoe A. Day, Grad., F.&C.,
of Oakland, Calif., to represent the
foresters.
Music students elected Marshall C.
Sleet, '36SM, of New Haven, Ind., by
a vote of 5 to 1 over his opponent,
and Clarence W. Markham, '36BAd.,
of Ahn Arbor, was elected by a 5 to 2
vote to represent the School of Bus-
iness Administration.
10 Ex-Officio Members
In addition to the eight elective po-
sitions on the new Council, which will
begin its functions next fall, ten stu-
dents have places on the Council by
virtue of their activities.
These ex-officio officers include
Wencel E. Neumann, Jr., '36E, of
Royal Oak, president of the Union,
John C. McCarthy, '36, of Rockford,
Ill., recording secretary of the Union,
Thomas H. Kleene, '36, of Asheville,
N. C., Managing Editor of The Daily,
and George R. William, '36, of Ro-
chester, N. Y., president of the Inter-
fraternity Council.
Other ex-officio members are San-
ford Ladd, '37, of Ann Arbor, pres-
ident of Sphinx, and Robert J.
Buehler, '37E, president of Triangles.
William R. Dixon, '36, of Midland,
and Elwood M. Morgan, '36E, of New
Rochelle, N. Y., were elected to re-
place David G. MacDonald, '36, of
Grosse Point, who will not return next
year, and Neumann, holding office as
president of the Union, in order to
fill the ex-officio seats of Sphinx and
Triangle past presidents.
Gargoyle Offers Free
Subscription In Contest
An opportunity to win a subscrip-
tion to next year's Gargoyle will be

offered in the campus sale of the
final issue, to be held tomorrow, it
b .. ,na

University To Enforce
Swingout Regulations
Statement of Judiciary Commit-
tee:
"The bringing or causing of un-
favorable criticism toward the
University by any student during
Swingout, Tuesday, May 28, will
be sufficient cause for recommen-
dation by the Judiciary Commit-
tee for expulsion from the Uni-
versity.
"The causing of unfavorable
criticism toward the University
after Swingout by any student will
also be liable to severe punish-
ment."
Treasury Plans
To Refinance
Are Disclosed
S e e tret a r y Morgenthau
Tells Plans After White
House Conference
WASHINGTON, May 27. - (W) --
After a White House conference, the
details of which were guarded care-
fully, Secretary Morgenthau today
disclosed treasury plans for a three-
quarter billion dollar refinancing op-
eration in June.
He said an issue of notes would be
offered on an exchange basis to hold-
ers of two securities soon due for
payment -$416,602,800 of 3 per cent
notes maturing June 15 and $353,-
865,000 of 1 5/8 per cent notes ma-
turing August 1.
Simultaneously at his press confer-
. e, r an~adenied, mphal.

Seniors Wi 1
Gather Today
For Swingout
Students To Form Lines
At 4 P.M.; March Will
Begin HalfHour Later
Tradition Is Revived
For One Year Only
Permanent Abolition May
Follow Unless' Control
By Students Succeeds
(School Positions on Page 6)
Swingout, one of Michigan's most
venerable traditions, will be observed
by the senior class today. The lines
of graduating students, clad for the
first time in caps and gowns, will be
formed at 4 p.m. and the march will
begin at 4:30 p.m.
Allen D. McCombs, '35, chairman of
the student Swingout committee, em-
phasized last night that the revival of
the tradition was granted by the Sen-
ate Committee on Student Affairs
with the definite understanding that
it was only for one year.
It is assumed, McCombs declared,
that the tradition will be permanently
abolished if the experiment in stu-
dent control of Swingout is unsuc-
cessful.
If, as the weather man indicated
last night, rain falls this afternoon,
the entire ceremony will be called
off. In case of threatening weather
the parade will be held but the Senior
Sing will be eliminated.
The marchers will file from the
medallion in front of the library to
the corner of State Street and North
University, proceed to South Uni-
versity, turn down to East University,
march again onto North University,
reenter the campus between the Nat-
ural Science and Chemistry Build-
ings, a d reassemble in front of the
library for the Senior Sing.
During this last ceremony, George
Lawton, '35, president of the senior
literary class,.iU-present the, wing-
out cane to Russell Coward, '36, junior
president.
The Varsity band will lead the
double-columned procession. Behind
them will come Lawton and Mc-
Combs, and they will be followed by
the seniors of the various schools,
each school led byritshonor guard
and president. Mortarboard, senior
honorary society for women, will
march behind the literary school men.
The other members of the student
committee, who were entrusted on
May 15, with the carrying out of
Swingout this year, are William G.
Ferris, '35, Carl Hilty, '35, Lawton,
Maxine Maynard, '35, Kathleen Car-
penter, '35, Jean Seeley, '36, and Win-
ifred Bell, '36.
Awards .Announ tced
By SigmaDelta Ch'i
This year's recepients of the schol-
arship awards of Sigma Delta Chi,
national honorary journalism society,
were announced yesterday by Profes-
sor John L. Brumm of the Depart-
ment of Journalism. The students
so honored are Arthur W. Carstens,
Ralph G. Coulter, Charles J. Hed-
etniemi, A.. Elizabeth Mendenhall,
Marie J. Murphy, Wanda Novinski
adn Frank J. Russell, all of the class
of '35.
According to Prof. Ralph L. Cross-
man of the University of Colorado,
chairman of the scholarship award
committee of Sigma Delta Chi, "this

award in the field of journalism is as
significant as the Phi Beta Kappa in
the Arts and Sciences."

New Deal Framework Totters As

P

RA Is Ruled Unconst
Decision Is Explained

*tutional;

By

ly published reports. (not' carried by
the Associated Press) that the treas-
ury would borrow $1,000,000,000 of
new money in its June 15 refinancing.
Rather, he said, the government will
meet its cash needs "from now until
the first of July" by weekly sales of
short term bills and occasional addi-
tions to the June, 1934, issue of 3
per cent bonds on an "auction bid"
basis. The treasury now has a work-
ing cash balance of $698,000,000.
John Cawley Made
Michigamua Chief
John A. Cawley, '36, of Elkhart,
Ind., was elected Sachem of Michi-
gamua, senior honorary society, for
the coming year at the first meeting
of next year's Tribe, held Sunday
night in the Union.
Cawley is affiliated with the Chi Psi
fraternity and is manager of the bas-
ketball team.
Robert 0. Thomas, '36, of Saginaw,
was elected vice-president. Thomas
is a member of Sigma Chi fraternity
and is the new business manager of
the Michiganensian. He is also a
member of Sphinx.
Thomas E. Groehn, '36, of Grosse
Pointe and Dan Hulgrave, '36, of De-
troit, were elected secretary and trea-
surer respectively.
Groehn is an associate editor ofj
The Daily and is a member of Sphinx
and Sigma Delta Chi. He is also a
member of Theta Delta Chi fraternity.
Hulgrave is manager of the football
team, a member of Sprinx, and is affil-
iated with Delta Tau Delta fraternity.

Law School Head Claims
Two Weak Spots Are Hit
By Court Ruling
Declares Recovery
Legvislation Voided
Prof. Durfee Sees Hope
For Salvaging Parts Of
Frazier-Lemke Act
By FRED WARNER NEAL
The Supreme Court's decision in-
validating the National Recovery ad-
ministration hit the two weakest spots
in the New Deal structure, Dean Hen-
ry' M. Bates of the Law School de-
clared last night.
Prof. Edgar N. Durfee, Law School
authority on bankruptcy legislation
also explained the ruling which de-
clared the Frazier-Lemke act un-
constitutional, asserting that it em-
phasized the restriction to the Fed-
eral government's power to deal with
bankruptcy.
Dean Bates analyzed the high
court's decision for The Daily before
he was able to obtain a copy of the
complete decision. "So far as I am
able todetermine," he said, "the de-
cision dealt with the two features of
the NRA always thought to be weak:
namely, the unlimited delegation of
powers to the President and the ap-
plication of the codes to intra-state
commerce."
NRA Not Definite
He indicated that the court evi-
dently decided that the NRA provi-
sions delegating legislative power to
the executive in formulating codes
did not lay down definite enough re-
strictions and limitations.
The ninconstitutional aspects of the
NRA are both direct and indirect,
Dean Bates said. One is the illegal
delegation of powers and the other
the attempts of authorities to carry
out its provisions. He implied that
the court took direct issue with the
code authorities' claim that in order
to keep inter-state commerce in a
prosperous condition, regulation of
intra-state commerce bearing on it is
necessary.
He declared that this ruling of the
highest tribunal probably "knocks,
out" the entire National Recovery
Administration. That is, however,
he said, because section three, which
was specifically declared unconsti-
tutional, is one of the most important
of the provisions, and not, as in the
Railway Retirement Act decision,
merely because one section of the
act was held invalid.
Unanimity Not Surprising
In the Railway Act decision, the
Supreme Court held that the entire
measure was unconstitutional because
one provision was incompatible with
the highest law, declaring that the
provisions were too closely bound to be
separated.
Dean Bates said he was not sur-
prised at the unanimous decision of
the court "because Justices Brandeis,
Cardoza, and McReynolds especially
have always been firm in insisting
that Federal power be limited to in-
terstate commerce." As an example
of this, he cited thecourt ruling hold-
ing the child labor law unconstitu-
tional. "The naive supposition that
there is a five to four vote on all im-
portant cases is ridiculous," he said.
The Frazier-Lemkeuact, as ex-
plained by Professor Durfee provided
for a five-year moratorium on farm
mortgage debts. The farmer, un-
able to pay his debts, was to get an
appraisal of his property, and pay a
very low installment on it over a five
year period, cleaning up the balance
at the end of the period. The act, an
amendment to present bankruptcy
laws, was in the nature of emergency
legislation and was to last only until
1938. Its outstanding feature, he
stated, was that it granted relief to
the debtor regardless of whether or

not the creditor consented.
Durfee Sees Salvage Hope
Professor Durfee, in analyzing the
decision invalidating the measure,
saw a hope of salvaging parts of it.
"It is possible," he said "that the
court may have only meant the in-
stallment payments unconstitutional."
This reasoning would have been based
on a violation of the "due process"
clause, because the installments were
so low," he explained.
Towever he nointed to the conclud-

Johnson Expected
Decision; Declares
Test Case 'Rotten'
NEWARK, N. J., May 27-(/P)-Gen.
Hugh S. Johnson, former NRA admin-
istrator, commenting on the Supreme
Court decision holding NRA uncon-
stitutional, told the Associated Press
today, "I expected this decision," but
added:
"I still believe it is possible to write a
Constitutional act preserving the
principles of NRA."
"If this is not possible," he con-
tinued, "three-fourths of the New
Deal is out the window because the
same principles govern the AAA, the
Wagner Labor Bill and all of NRA
except Title 2 relating to public
works."
Johnson was en route by train to
New York from Washington to fill
two speaking engagements.
With his secretary, Miss Frances
Robinson, he was correcting a print-
ed copy of his testimony last Friday
before the House Ways and Means
Commitee. He said that in that testi-
mony he had "predicted" such a deci-
sion and quoted from the record in
support.
He described the testcase -one
involving the selecting of chickens
in New York City -as "a rotten
one."
"The real philosophy of the Re-
covery Act" he said "was not brought
out in the argument before the Su-
preme Court."
Capt. Bartlett
Seeks .Students
For Arctic Sail
Hobbs Announces Chance
For Two Persons To
Go On Expedition
An opportunity for two students to
accompany Capt. R. A. Bartlett, fa-
mous explorer, on a cruising expedi-
tion this summer to Arctic regions was
announced yesterday by Professor-
Emeritus William H. Hobbs.
The cruise will include Newfound-
land, Labrador, Greenland and Baffin
Ellesmere Land and will last from
approximately June 20 to Sept. 1, Pro-
fessor Hobbs said. It will cost each
man $1,000. All persons interested
are requested by Professor Hobbs to
get in touch with him as soon as pos-
sible.
Cruising will be done under explor-
ing conditions, he explained, the men
being expected to help raise, reef and
lower sail and take part in all deck
work except going aloft. There will
be some opportunity to go inland
over the glaciers, making botanical,
zoological and geological' work' pos-
sible, he explained.
Professor Hobbs pointed out that
those accompanying the expedition
will be able to see walrus, seal, nar-
whale, whale, polar bear, caribou,
and other animals, and called atten-
tion to the opportunity of inspecting
Eskimo life and the whaling indus-
try.
Reed Is Elected Head Of
Druids For Coming Year
Election of officers for Druid took
place at its last meeting. The new
officers are: William Reed, '36, Arch
Druid; Robert Sullivan, '36, Vice-Arch
Druid; Robert Olson, '35BAd, Seneca
Russell Rudquist, '36, Hoarder; Stev
Remias, '36Ed, Keeper of the Torch
A luncheon meeting for old and new
members will be held Tuesday at th
Union.

Seniors Must Register
For Jobs By Term End
All seniors desiring to apply fo
jobs must register at the Bureau o
Appointments and Occupational In
formation before the close of th
nresent semester. according to a state

Bates

Supreme Court Says President
Was Given Excessive Powers
WASHINGTON, May 27 -AP-The NRA, its vast
code structure tumbled by the sweeping Supreme Court de
cision of unconstitutionality, tonight suspended "all methods
of compulsory enforcement."
Acting a few hours after the high court held unanimously
that the President had been given too much "unfettered
authority" in proclaiming codes, and that code provisions
went too far in regulations affecting interstate commerce, the
Administration took two preliminary steps.
Donald Richberg, NRA administrator, after a conference
with President Roosevelt, issued a plea that employers con-
tinue to operate under their codes until some new structure could be
reared.
In the same statement Richberg added:
"This decision of the court makes codes of fair competition unen.
forceable as a matter of law; and in deference to that ruling all methods of
compulsory enforcement of the codes will be immediately suspended.
"This will not affect the enforcement of any contractural obliga-
tions which may have 'arisen by agreement of the parties requiring no
--sanction of a Federal authority."
Wide confusion and bewilderment
S*uprem1e Court followed the court's decision, delivered
in the tense atmosphere of a crowded
courtroom by Chief Justice Hughes.
Rules Out Farm Sepgy e r"led:tha nter
sA. L. A. Schechter Poultry Co. case,
M orato riu m ACt upon which the decision was based,
aCongress had no authority to go
into a company and tell a poultry
Fifth Amendment Is Cited; deaer whose activities did not directly
S affect interstate commerce what
Thousands Of Farmers wages he should pay his help and
lay Lose Homesteads how long they should work.
The President hastily summoned
his chief legal aides and sought with-
WASHINGTON, May 27 - Wk) out immediate, success -a means °of
Legislation enabling debt-burdened creating a new NRA on the debris of
farmers to obtain a partial five-year the old.
moratorium on their mortgage debts The New Dealers generally pon-
was blasted off the statute books to- dered apprehensively the possible ef-
day by the Supreme Court. fect of the decision on other Admin-
Unanimously, the highest tribunal istration measures- the codes of
held the Frazier-Lemke act unconsti- AAA, Federal control of the liquor in-
tutional, speaking these w o r d s dustry and the Wagner labor dis-
through the mouth of the veteran putes bill, designed to supplement the
associate justice, Louis Dembitz famous Section 7-A.
Brandeis: Labor Disappointed
"For the Fifth Amendment corn- Labor was bitterly disappointed.
mands that, however great the Na- William Green, president of the
tion's need, private property shall not American Federation of Labor, has-
be thus taken even for a wholly pub- tened to Washington, promising a
lic use without just compensation." statement in the morning. Francis J.
This ultimatum pitched out of the Gorman, vice-president of the United
court' the eleven-month-old morator- Textile Workers, warned that imme-
ium act - a measure designed to al- diate strikes would greet departures
low farmers to retain their lands for by manufacturers from the textile
five years at a reasonable rental, de- codes' wage and hour provisions --the
spite efforts of mortgage holders to first of the Blue Eagle agreements
foreclose, and at the end of five years established.
to permit the farmers to fulfill the Reading slowly and with emphasis,
mortgage by paying the appraised Justice Hughes marked out the two
value of the property regardless of main counts against the NRA. At
the amount sipulated in the mort- one point he said:
gage. "Extraordinary conditons may call
Reaction to the court's ruling, in- for extraordinary remedies, but the
volving billions of dollars, was in- argument stops short of attempting to
stantaneous. defend action outside of constitu-
The bill was not considered a New tional authority.
Deal measure, although approved by "Extraordinary conditions do not
the President with reservation, and create constitutional power."
there was little official comment. In Spreading out from Justice Hughes'
the Northwest, whence originated the words were a swift rush of develop-
moratorium idea, Attorney General ments - statement of opinion and of
Peterson of Minnesota said thousands ideas as to what should be done to
of farms would be lost "unless a new handle the situation.
law is passed to provide proper ex- Congress Leaders Comment
tensions." The House Ways and Means Com-
mittee, in charge of now-doomed Ad-
Murphy May Run ministration plans for extending NRA
for two years in much its old form,
For Governorship met almost immediately, but ad-
journed with nothing accomplished.
r LANSING, May 27-(P)-George Its chairman, Robert L. Doughton, of
Schroeder, Democratic speaker of the North Carolina, asserted: "It will re-
House, issued a statement tonight quire careful study."
V saying that he believed that Frank ' Chairman Pat Harrison, of Mis-
Murphy, governor general of the Phil- sissippi, of the Senate Finance Com-
1 ippine Islands, would return next mittee, emerged from a study of the
; year to be Democratic candidate for opinion with an optimistic expres-
e governor of Michigan. sion that something might be sal-
-"Murphy undoubtedly will be a vaged. Senator Joseph T. Robinson,
candidate for governor on the Demo- of Arkansas, the Democratic leader,
e cratic ticket in 1936," said Schroeder, contended: "It will not be extremely
announcing incidentally his own plan difficult to create a- more definite

- to seek the nomination for secretary standard." The Senate has already
of state on the Murphy ticket. approved a mine-month extension,
with NRA limited to interstate busi-
I BULLETIN'ness.
,r Store That Brought NRA
f LONDON, May 27 -(/P)- Reuters
(British new agency) dispatches Decision Closes Its Doors
e said it was learned there the Graf NEW YORK CITY, May 27-(P)
- Zeppelin was forced to land at 9 p.m. N OT y -


Traditional Swin ouot Ceremony
Changes During Half Century

The hundreds of capped and
gowned seniors who will parade
around the campus this afternoon in
their observance of Swingout will pre-
sent a spectacle vastly changed from
the original ceremony.
Swingout was originally -smore
than half a century ago -held in a
chapel. At the time of its birth chapel
services were observed every morning
from 9:15 until 9:30 a.m. in Uni-
versity Hall. These services were con-
ducted by the president of the Uni-
versity, and were also the occasion for
general announcements.
The chapel was divided into four
anation with +he freshmen necumvine

dents, were replaced by weekly vesper
services, and along with this change
Swingout took on a new form.
Shortly before the vesper service
began, all the seniors gathered and
paraded about the campus before en-
tering University Hall for the tradi-
tional shifting of sections and presi-
dential address.
Finally the weekly vesper services
died out, too. But Swingout remained
as popular as ever, again in a new
form. The ceremony evolved into
simply the parade around the campus
followed by the address, now in Hill
Auditorium, and it was in this form
that the custom wans nreerve until