The Weather Cloudy, local snows and colder today, generally fair to- morrow. Y Lie1igaz ~Iaiti1 Editorials I Cut Out The 'Kid Stuff' Student Moviegoers... It Isn't How But What You Say That Should Count.. VOL. XLVI. No. 54 ANN ARBOR, MICHIGAN, SUNDAY, DECEMBER 1, 1935 PRICE FIVE CENTS 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 valid. 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- By PAUL D. JACOBS 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 Michigan. 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 MARIUS LODEESEN 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) -ate Scholarship Is Announced By SeniorSociety 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 organization. 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 'OrphanChild' 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- lum." "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 established. 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, ChicagoTheologian 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- tend. 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 department. "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 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- bers. 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. districts. 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 them.' 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 ground." 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 existence." 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 ImperialPolicy 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- chine. 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- roli. 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 To Ii Duce, Eases 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 By ELSIE A. PIERCE 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 women. 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 Women. 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