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December 01, 1935 - Image 1

Resource type:
The Michigan Daily, 1935-12-01

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The Weather
Cloudy, local snows and
colder today, generally fair to-






Cut Out The 'Kid Stuff'
Student Moviegoers...
It Isn't How But What
You Say That Should Count..



Tests Of
New Deal
In Court
'Due Process' Clause T
Be Invoked To Invalidat
Parts Of Program
Sets Limitations
On Police Powers
Favorite Weapon Against
Statutes On Hours Of
Labor, Social Security
NEW YORK, Nov. 30. - ('')-The
spotlight today is turning to the "due
process' clause as opponents of many
phases of the New Deal prepare to de-
mand the test of constitutionality be-
fore the Supreme Court.
Fresh interpretations of that much-
controverted section of the Consti-
tution are in the making, and may
go as far or farther in determining
the ultimate reach of the New Deal
as did the interpretation of the com-
merce clause, which proved a major
bar to the NRA.
The graveyard of statutes is full of
laws found unconstitutional under
the "due process" clause, and on the
other hand the statute books aresfull
of laws that survived the same test.
Due Process Favorite Weapon
"Due process" has been a favorite
legal weapon in the past against laws
that related particularly to wages or
hours of labor, social security, price
fixing or business regulations-sub-
jects covered in many of the laws
coming up for decision these days.
In decision after decision, the Su-
preme Court has attempted to mark
the line between the "due process"
clause, which would make the rights
of property absolute, and the indefi-
nite "police power" of state govern-
ments to legislate for the "safety,
health, morals and general welfare."
Two recent lower-ourt decisions
reflect the interest that may center
upon the dcue process section. Judge
William C. Coleman, of Baltimore,
cited it as one of the four grounds
upon which he declared the Utilities
Holding Company Act unconstitu-
tional, a decision that may yet be
passed upon by the Supreme Court.
Judge Elwood Hamilton, of Louis-
ville, rejected it as a ground for ob-
jection to the Guffey Coal Law, some-
times described as setting up a "little
NRA" for the coal industry, and cen-
tered his attention largely upon the
commerce clause in finding the Act
Involved In NRA Decision
The due process clause was an issue
in the Supreme Court's NRA deci-
sion, but the Court made its decision
upon other grounds.
The clause appears twice in the
Constitution, the first time as a re-
striction upon the Federal Govern-
ment, the second time as a restriction
upon the states. In language it is
simplicity itself.
"Nor shall any person * * * be
deprived of life, liberty or property
without due process of law * * *"
says the Fifth Amendment.
"Nor shall any state deprive any
person of life, liberty or property
without due process of law * * *" says
the Fourteenth Amendment.
Yet the Fifth Amendment has
come to mean much more than a bar
againsthe mere condemnation of

a private house and lot without com-
pensation, and the Fourteenth does
much more than safeguard the rights
of emancipated Negroes, the purpose
for which it was drawn.
By judicial interpretation a "per-
son" is also a corporation.
Into the clause, by gradual judi-
cial interpretation, has been read the
concept of "liberty of contract,"
which, in varying degrees, has been
held to prevent government interfer-
ence with wages, hours and prices.
New NRA Bill Ready
For Next Congress
WASHINGTON, Nov. 30. - (9P) -
The new NRA bill was reported au-
thoratively today to be ready for
swift submnission to Congress, should
business show signs of wanting it.
In the same informed quarters, it
was stated that President Roosevelt
has been advised of the basic pro-
visions of the measure and has ex-
pressed no objections.
The provisions were guarded, but
more than one in a position to know

China Clipper Took Michigan
Graduate On Trans-Pacific Trip
Marius Lodeesen, A Junior
Flight Officer, Graduated
Here In 1930-

Michigan students should view
with special interest the now-com-
pleted trans-Pacific flight of the
graceful air-boat China Clipper, for
on this trip, present in the capacity
of junior flight officer, was Marius
Lodeesen Grevinck, '30E, alumnus
and former student of the aeronau-
tical school of the University of
In the test flight of the clipper
over the same route about two
months ago, Mr. Lodeesen held the
same post of junior flying officer, and
had a large share in all the minute
opening of a new artery for commer-
cial aviation necessitates.
A few excerpts from his personal
record of the trial flight may prove
of interest in revealing the monoto-
nous, uncomfortable struggle that
must precede the final thrill of ac-
complishment of a task so replete
with significance to the material
progress of civilization.
"The flight has been completed
in due time, but not without having
had, just out of Midway, a really
terrible rainstorm at an altitude of
9,000 feet, which caused the plane
to fall abruptly now and then, in
one instance 2,000 feet-
"-No outlook, not even as far as
the wing-tips, the cockpit leaking on,
all sides, and the crew discouraged
and sullen from fatigue and lack of
sleep. The only thing able to keepI
up spirits, now and then, were the
sarcastic but harmless curses of the1
crew concerning the cockpit and the


and the whole flying profession, and
the glorification of the soft jobs else-
where on the farms. But a few thou-
sand feet higher up, the storm could
be left behind-.
"-Moments of depression are in-
evitable in a trip of 45 hours in the
air, but all is compensated for by
the richness of the experiences gath-
ered, the overwhelming majesty of
the scenery, the contrasts, and the
glory of completion.
"(As to the contrasts) Wake
Island, three narrow curving strips
of rock, encirclinga lagoon of half
a mile in diameter, the exclusive do-
main of big birds of the size of eagles,
but as tame as chickens. Guam, the
entire population in festive dress;
the crew welcomed by the governor
(continued on Page 3)


Scholarship Is
Announced By
Sophomore Woman Gets
Second Semester Award
Of Honor Group
For the first time, Senior Society,
honorary society for senior non-affil-
iated women, will offer a $50 scholar-'
ship to be awarded to a second se-
mester sophomore woman in the
Literary College next semester, it
was announced late last night by
Betty Greve, '36, president of the
The award of the scholarship will
be made on the previous scholastic
record of the student and her finan-

Seek Extension
For Autonomy
Move In China
Predict Proclamation Of
Independence Of All Of
Hopeh, Chahar States
SHANGHAI, Nov. 30.-(/P)-A Jap-
anese dispatch from Tientsin said to-
night that the Chinese military lead-
er there announced that an inde-
pendent state would be proclaimed
shortly in all of Hopeh and Chahar
Provinces. Parts of these two pro-
vinces form the autonomous state
proclaimed Sunday.
Gen. Sung Cheh-Yan, commander
of the Peiping-Tientsin military gar-
rison, said the Rengo (Japanese)
News Agency, informed Chinese Na-

Jones Scores
'Reliance On
British Texts
English Professor Charges
American Literature Is
Speaks At Meeting
Of U.S. Teachers
Michigan Expert's Theory
Seconded By Professor
From Bucknell
INDIANAPOLIS, Nov. 30. -- (P) -
A charge that too many teachers
"buy British" in assigning literature
studies came fromgProfg toward
Mumford Jones of the University of
Michigan in an address before the
National Council of Teachers of Eng-
lish today.
"We are perhaps the only great
nation in the world that accepts un-
critically its literary standards from
a country thousands of miles away,"
Jones said.
He described American, literature
as "the orphan child of the curricu-
"I do not wish to cut off the Amer-
ican student from reading Chaucer,
Shakespeare, Milton, Wordsworth,
Dickens, and other English writers,"
Professor Jones said. "But British
literature can be overdone for Amer-
ican consumption."
His idea had the support of Prof.
W. H. Coleman of Bucknell Univer-
sity, who predicted that in ten years
wide-awake colleges will substitute
a world literature course for the old
time, traditional English survey.
Retention of present requirements
for English literature in sophomore
courses was urged by Prof. Odell
Shephard of Trinity College, Hart-
ford, Conn., who said attacks on the
course may be ascribed to patriotism
and a distrust of the orthodox and
The Council, which elected Miss
Dora V. Smith of the University of
Minnesota president, voted to hold
its 1936 convention in Boston.
Noted Speakers
Will Appear In
Churches Here
Interguild Federation Is
Sponsor Of Dr. Pauck,
Many professors from the Uni-
versity and several visiting notables
will be featured as guest speakers on
the programs of the Ann Arbor
hurches today.
Dr. Wihelm Pauck of the Chicago
Theological Seminary will speak at 8
p.m. today in the Lydia Mendelssohn
Theatre. Dr. Pauck is appearing
under the auspices of the Interguild
Federation and he will talk on the
subjects, "Religious Liberties in Ger-
many." The public is invited to at-
Dr. Pauck will also preach the ser-
mon at the Congregational Church
this morning. The service is to -start
at 10:30 a.m. and will include a lec-
'ure by Prof. W. Slosson of the history
"The Grace of God" will be the
hubject of the service at the First

3aptist Church at 10:45 a.m. today.
I'he minister, Edward R. Sayles, will
Deliver the sermon. Community Ser-
vice will also be observed.
At the First Methodist Church the
norning service will be at 10:45 a.m.
Dr. C. W. Brashares' topic will be
'Singing." Prof. Lowell J. Carr of
she sociology department will lead
the discussion of "The Social Re-
sponsibility of a Christian" at noon
today in Stalker Hall.
The Holy Communion at the St.
Andrew's Episcopal Church will be at
3 a.m. At 11 a.m. will be held the
Holy Communion and Sermon, to be
delivered by the Rev. Henry Lewis.
A Vesper service is to be conducted at
i p.m. to commemorate the 108 an-
niversary of the founding of St. An-
irew's parish.
The First Presbyterian Church
continues its series -of Sunday morn-
ing forums at 9:45 a.m. today with a
iiscussion of "Why Religion Any-
way?" Following the forum Dr. Wil-
liam P. Lemon will preach the first
in a series of Advent Sermons, speak-
ing on the theme "The World Looks
for a Messiah." The Westminster

To Appear Here

Fritz Kreisler
To Play Here
In Next Concert
Famous Violinist To Make
9th Appearance Before
Ann Arbor Audience
With a near-record crowd almost
assured, details of the fourth choral
union concert of the current season,
to be given by Fritz Kreisler, eminent
violinist at 8:15 p.m. Tuesday have
been completed.
Mr. Kreisler will be making his
ninth appearance before a local aud-
ience in the past 35 years, having
made his local debut as a Choral
Union star in 1900. He brings to
Ann Arbor a record of many past
triumphs and will be greeted as an
old friend by the music lovers of the
city and state who will be gathered to
hear him once again.
Wednesday night's concert has been
hailed as one of the outstanding at-
tractions of the 1935-36 series, and,
according to President Charles A.
Sink of the School of Music, is sure to
bring as many out-of-town patrons
as any other concert on the schedule.
President Sink issued a warning to all
those planning to attend, saying that
the program will begin promptly at
8:15 p.m. and there will be no seating
after that time except between num-
The program which Mr. Kreisler
will play Wednesday night is as fol-
lows: Sonata in D major, Haendel;
Concerto in C major, Kreisler; Par-
tita in E major, Bach; Poeme, Chaus-
son; Shepherd's Madrigal, Kreisler;
Vocalise, Rachmaninoff; Three Ca-
prices, Paganini; and three Spanish
dances; Malaguena, Albeniz-Kreisler;
Jota, de Falla; and Spanish Dance,
de Falla-Kreisler.
Twain Is Favorite
Of Tenement Boys I
NEW YORK, Nov. 30.- (AP) -
Mark Twain is the favorite author
of the boys of New York's tenement.
The results of a survey announced'
by the Children's Aid Society dis-
closed that Twain's works head the
list of favorite books among boys of,
12 to 16 years of age.
Some of the reasons given for their
preference were: "Tom and Huck
Finn had fun sneaking out at mid-
night"; "They dwelt with nature and
had fun falling in the creek"; "They
could go barefoot and play pirates."

Shaw Thinks British
Music Perils Peace
LONDON, Nov. 30.-(P)-British
music, thinks George Bernard Shaw-
and makes no bones about saying so
-has virtually no charms to soothe
the savage breast. Quite on the con-
trary, says Shaw, it might easily im-
peril international relations.
Invited by the British Foreign Of-
fice Council for Relations with other
countries to attend a luncheon for
foreign music critics, Shaw declined
with this explanation:
"The Foreign Office only wants to
create or aggravate a hatred between
nations by inflicting British music on
Dr. Pauck Is
Lecturer Here
On Philosophy
Theologian Appears Under
Sponsorship Of Student
Christian Association
Christian religion is the only solu-
tion to the problems that philosophy
has been unable to answer, stated Dr.
Wilhelm Pauck, professor at the Chi-
cago Theological Seminary, in his talk
last night.
Dr. Pauck, who appeared under the
auspices of the Student Christian As-
sociation, delivered his address on
"What Is An Adequate Christian
Philosophy for a Student Today?" in
the Ethel Fountain Hussey Room of
the League.
"In order to decide how we should
live, how we should act," Dr. Pauck
said, "we must also know why we are
living. It is obviously impossible for
any individual to judge the wisdom
of an action if he does not know why
he is doing it."
Dr. Pauck pointed out that the real
purpose for living has never been, in
his opinion, satisfactorily explained
by philosophers. "Realists have been
too much occupied with material
things to really attain any under-
standing of the more idealistic items,
and idealists have been too busy delv-
ing into the realm of the high and the
abstract to get back down to the
Religion is the only thing, accord-
ing to Dr. Pauck, that brings to-
gether the real and the ideal and at
the same time provides the answer to
the question of why we are living.
"God is the underlying reason, the
key to this mystery. Even the primi-
tive man worshipped that which he
considered the clue to the problem of
In discussing salvation, Dr. Pauck
explained that man is the only being
that can consciously decide upon
whether he shall do a certain thing or
not. The doctor added that this
leaves the path open for man to go to
either side. Man can steadily im-
prove his own condition and sub-
ordinate nature as he has done
through the advance of science.
"However," Dr. Pauck interposed,
"we can just as easily go amiss, as is
evident by our present economic mal-
adjustment. Our present state is the
result of the exploitation of our dom-
ination over nature."

Franco-British Stand Is
Revealed By Admonition
Against Aggression
Doors Kept Open
For Peace Later
Italians Denounce League
As 'Tool' Of English
LONDON, Nov. 30.-(/)-In-
formed sources said today that a
French warning to Italy against any
unprovoked aggression upon Great
Britain definitely lessened interna-
tional tension.
It showed Il Duce, these sources
asserted, exactly where the nations
of Europe stand-with France at
the side of Britain. As a result, they
continued, Mussolini has "changed
his tune."
British cabinet ministers, anxiously
watching every move in the interna-
tional crisis, were represented as
feeling strongly that support should
be given to further collective action
by the League of Nations to end the
Italo-Ethiopian war.8
At the same time, they want the
doors kept open for peace negotia-
tions with Italy.
Radio Stations Attack England
Italian radio stations are broad-
casting denunciations of England a-
mostnevery night, declaring that the
League has "become a tool" of Brit-
ish imperial policy.
But the British public, although
eagerly following reports of Italian
troop movements, apparently does
not take. them seriously. This gen-
eral attitude was expressed by the
Daily Herald:
"After all the threats and high talk
of 'warlike measures,' and after all
the theatrical troop movement, Sig-
nor Mussolini, in the face of firmness,
has climbed down."
Tentative proposal to add oil to the
League of Nations sanction list dom-
inates the internation scene.
Military authorities agreed that if
the embargo were made effective, it
would end Italy's mechanized war-
fare in East Africa. If the United
States is included, oil-producing
countries represented as ready to im-
pose an embargo account for 160,-
000,000 out of a world output of 202,-
000,000 metric tons in 1934.
ROME, Nov. 30.--(P)-Italy's Cab-
inet today rushed through measures
to strengthen the Nation's war ma-
Rush Decrees Through
It took but 2%/2, hours for the Cab-
inet, dominated by Premier Mus-
solini, to approve 88 defense, econ-
omice and financial decrees.
An appropriation of 70,000,000 lire
(about $5,600,000) was made to set
up a refinery for crude oil. It will
be turned over to a company which
has been developing oil production
in Albania, the Azinda Italiani Pet-
A measure was approved requir-
ing all men under 32 to enroll in
the National Shooting Society after
they have been released from com-
pulsory military training.
The Cabinet adopted 22 decrees
smoothing off spots in existing fi-
nancial regulations, including one
to save paper by halfing the supplies
of taxed sheets for legal use.
Widows and mothers of Italy's
World War dead gathered in Rome
today to hear Il Duce's call for a
battle against sanctions.
They came from 94 provinces,
where they will carry on house-to-
house canvasses to organize resist-
ance to sanctions.

France's Warning


Ii Duce,


European Tension

cial need. The board to decide upon tional leaders in Nanking by tele-
the recipient will be composed of graph that the autonomy program
Dean Alice C. Lloyd, Miss Greve and would be carried through as "soon as
a third member of the faculty who possible."
has not been definitely decided yet. . The cities of Peiping and Tient-
sin would be included in such a state.
Money for the scholarship has ; There were rumors that autonomy
been earned by members of last might be proclaimed Monday.
year's Senior Society. The main The Nanking Government in its
source of income was the sale of third vote to Japan within two days,
white collars for graduation gowns protested vigorously today against
which the society sponsored. This what it said was Japan's seizure of
year the group plans to present a the Chinese postoffice in the North-
melodrama at the Sophomore Cab- ern demilitarized zone.
aret to be given Dec. 13 and 14.
Applications for the scholarship
may be made after today in the BANK PAYS $10,000
Undergraduate office of the League. MACKINAW CITY, Mich., Nov. 30
All application blanks must be turned - (,') - The Mackinaw City StatE
in before Jan. 11, and the announce- Bank, through its receiver, Saturday
ment of the recipient will be made released to depositors a 15 per cent
just before final exams. Idividend totaling $10,000.
Watkins Sees Franc's Position
As Danoer To Gold Standard
By FRED WARNER NEAL less, the drain is "symptomatic of
A possibility that France may be l deeper economic and political diffi-
forced off the gold standard was seen culties."
in the present crisis over the franc The Bank of France has raised its
yesterday by Prof. Leonard L. Wat- rate -to six per cent to combat the
kins, monetary expert of the eco- flow, Professor Watkins said.
nomics department. Immediate factors in Premier La-
It would have been better for val's fight to "save the franc," as
France, Professor Watkins said, if she well as in the gold drain, Professor
had joined with those countries Watkins believes, are the war scare,
which devalued their currencies after with its resulting flight of foreign
the American monetary policy made currency to the United States; and
it clear that no stabilization agree- the renewed agitation in France for
ment could be obtainedon the old devaluation of the franc. But in
m t cthe background, he asserted, "lie the
asis.nfundamental difference of viewpoint
Explaining the French monetary Ibetween France and the other gold
situation in an interview as "but the bloc countries on the one hand, and
last of a series of crises" which in the United States and England on
each case have involved heavy gold the other.
drains, he declared that, as "already France has pursued the deflation
there have been several defections method, he pointed out, "attempting
from the original gold bloc, France to promote recovery by cutting prices
may T~* p fnrar to .rr~vnilnP by the opooercvr yctigpie

University Lists 60 Alumnae
In Files Of Who's Who Grads

Although after 30 years of struggle
American women have finally ob-,
tained their constitutional rights of
suffrage, equality in business and
education, they seem to be using
those riglfts lackadaisically, at least
as far as alumnae of the University
are concerned.
Out of a list of 1,246 prominent
graduates listed in the Who's Who
files of the Alumnus, only 60, or one
out of every 20 of this number are
However, the list of vocations in
which they have achieved promi-
nence runs all the way from engi-
neering to industrial toxicology, al-
though the majority of the women

have both served as deans of women
at the University of Wyoming. Mrs.
Dunnewald was also president of the
Westeiln Conference of Deans of
The University in addition has
produced several feminine profes-
sors. Mrs. Anne McCamley Halla-

day, '09, is a member of the fac-
ulty at the University of Colorado,
and is also well known as a short
story writer, and Mrs. Mabel Holmes
Parsons, '04, is a professor of Eng-
lish at the University of Oregon.
Strangely enough, the women
graduates who are engaged in man-
ufacturing did not go into it be-
cause it was their chosen vocation,
but because they were left with the
business on their hands at the death

Dr. Starr, Former
MayoChief, Dies
CHICAGO, Nov. 30.-(,P)-Dr.
Edward Starr Judd, chief of the surg-
ical staff of Mayo Clinic-and former
president of the American Medical
Association, died at the Presbyterian
Hospital today of pneumonia.
The world-renowned surgeon was
57. He was suffering from a cold
when he left Rochester, Minn., with
his wife earlier this week for a
visit with his- daughters in the East.
After he was taken to the hospital
here he was reported recovering but

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