The Weather
Generally fair today and to-
morrow, except possible snow
flurries today in extreme west
portions; moderate cold.

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Editorials
Extra-Curricular Activities.
The TVA Decision ...
Landscape Or Sport? . .



VOL. XLVI No. 98 ANN ARBOR, MICHIGAN, FRIDAY, FEBRUARY 21, 1936

PRICE FIVE CENTS

Hockey Team
Faces Crucial
TestTogniht
Michigan Must Win Both
Week-End Games To Tie
For BigTen Lead
Gophers Have Edge
In Reserve Strength
Final Practice Session Is
Held To Prepare Sextet
For Minnesota Battle
By FRED BUESSER
Confidently awaiting the start of
tonight's crucial ice clash with Min-
nesota, Coach Eddie Lowrey sent his
charges through a light drill in the
Coliseum last evening, and then
spread the word, "We're going to beat
'em."
Harry Tillotson, general ticket
manager, has anticipated an over-
flow crowd for both games of the
all-important series, and the spec-
tators are expected to jam every
available foot of space in the Var-
sity Arena, when referee Paddy Far-
rell blows his whistle for the opening
face-off at 8:30 tonight.
Must Sweep Series
Michigan, already two down to the
rampant Gophers as a result of twin
shutouts in Minneapolis a month
ago, will be cnompelled to sweep both
tonight's and Saturday's games to
tie for the Big Ten title which they
won last year.
Facing tremenaous odds in con-
coding the Gopherd' double man
power, Lowrey's eight man squad
will be called upon for every ounce
of their fighting courage. Sixty-min-
ute-men is what all of the Wolverines
must be tonight, and each man must
be able to maintain the pace and
the stamina of two Minnesota play-
ers.
Coach Larry Armstrong and his 15-
man squad will arrive from Chicago
late this afternoon, eat a light supper
at the Union, and then rest until
game time. Armstrong plans to start
his first line of Reynold Borck,
center, and Ed Arnold and Ridgeway
Baker. wings, against Michigan's high
scoring trio of Vic Heyliger, Gib
James and Johnny Fabello.
Has Second Line
While Lowrey's strategy will con-
sist of working Jack Merrill and
Fritz Radford into the game so as
to give his starting forwards as much
relief as possible, Armstrong has a
second forward line which is prac-
tically as potent as the starting one.
Michigan's two defensemen, Cap-
tain Larry David and Bob Simpson,
will be called upon to play the en-
tire game for the Wolverines, and
nothing would please the pair better
than to thrash the invaders. Both
David and Simpson come from north-
ern Minnesota, and the two defeats
already suffered at the hands of
the Gophers were especially sour
medicine for them.
The Gopher rear guard which the
Michigan forwards must outmaneu-
ver if they expect to score on Goalie
Bud Wilkinson, consists of Bill Brede-
son and B. W. Smith, with an alter-
(continued on Page 3)
Architects To

Noted Socialist To Speak Here Today

Thomas Will

Yardstick Aspect Of TVA Yet
To BeChallenged,_BatesSays

Give

Th ree

Talks Today
Leading Socialist To Talk
On 'A Program For Our
Times' Tonight
Fornin Planned For
Teachers' Meeting
Ex-Presidential Candidate
Will Be Making Third
Local Appearance
Norman Thomas, America's Num-
ber One Socialist, will address three
groups here today. He will be brought
here by the Faculty-Citizens Com-
mittee of the University.
Mr. Thomas' third speech of the
day, at 8:15 p.m. in Hill Auditorium,
on "A Program for Our Times," is
recognized as the most important by
his sponsors. A 25 cent admission,
will be charged for the speech. He
will be introduced in Hill Auditoriumj
by Prof. I. L. Sharfman, chairman
of the economics department.
To Hold Forum
At 1:30 p.m. today, Mr. Thomas
will address students of Ann Arbor
High School in the auditorium of thej
Methodist Church, at Washington
and State Streets. At 4 p.m., he will
conduct a forum for public school
teachers of Ann Arbor and Ypsilanti
in Room C-3 in Ann Arbor High
School.
Because of an error in announce-
ments, it was first stated that Mr.
Thomas would speak in the Ann Ar-
bor High School first and then in the
Masonic Temple, rather than in the
Methodist Church and then in the
Ann Arbor High School.
Third Local Appearance
This is the third Ann Arbor ap-

Points Out The Possibility
Of Future Lawsuits On
Legality Of Act
By FRED WARNER NEAL
Despite the favorable decision of
the Supreme Court Monday, Dean
Henry M. Bates of the Law School
pointed out yesterday that the con-
stitutionality of the Tennessee Val-
ley Authority is still far from set-
tled.
The majority opinion, read by
Chief Justice Charles Evans Hughes,
dealt only with the right of the Fed-
eral Government to sell power it gen-
erates incidental to a constitutional
function, the dean said in an inter-
view, and mentions not at all one of
the most important functions of the
TVA -its use as a "yardstick" in
measuring electricity rates. He ex-
pressed the opinion that "further
questions involving the constitution-
ality of the TVA act would arise."
Majority Splits
The majority split on the question
of whether or not the case, brought
by stockholders of the Alabama Pow-
er Co., was "justiciable," Dean Bates
explained. The opinion of the court,
held by Chief Justice Hughes and As-
sociate Justices Willis Van Devanter,
George Sutherland and Pierce But-
tler, agreed that the stockholders did
have a case and had a right to con-
test the authority of the government
to buy power and transmission lines
Break In Cold
Wave Arrives
To Give Relief
Below Zero Temperatures
Over After Long Stay;
Worst SpellIn History

from their company. The concurring
opinion of the so-called "liberal" jus-
tices, Owen J. Roberts, Louis D.
Brandeis, Harlan F. Stone and Ben-
jamin N. Cardozo, although agreeing
that the Government has the right
to sell the power it generated, held
the stockholders' case was not "jus-
visible."
Court Follows Precedent
Justice James C. McReynolds, in
his dissent, agreed with the Chief
Justice's opinion that the case was
properly one for the Supreme Court,
Dean Bates said, but held that the
government had no right to dispose
of its electric power on the market.
The Court, in upholding the TVA,
really reasserted an opinion it once
before set forth, the dean continued.
He saw the recent suit as very similar
to the case of the United States ver-
sus the Chandler-Dunbar Co., in
1913, when the court held that the
Federal Government has the right to
dispose of excess water in navigable
rivers, which under the Constitution,
the Government controls.
In the TVA decision, Dean Bates
declared, what the Supreme Court
said amounted to this:
(1) That the stockholders of the
Alabama Power Co., did have a jus-
ticiable case, and that the Court ac-
cordingly had jurisdiction;
(2) And thatgunder acts passedtby
Congress during the World War, the
Government had the authority to
build the Wilson Dam and to dis-
pose of the water not necessary for
navigation, the falling water owned
by the government from which it
generated power. In other words, the
government has, the Court held, the
right under the constitution to dis-
pose of its own property.
Contentions Valid
Although Dean Bates emphasized
that the court in no way re-examined
the statutes and confined its decision
to the case at hand, he explained
that the four justices agreeing on the
majority opinion decided that the
Government's contentions were valid.
These contentions were:

Girl Injured
In Crash Is
Much Better
Dorothy Goebel Recovers
Sufficiently To Speak
To Surgeon During Day

-Associated Press Photo.
Norman Thomas, noted Socialist, who will give three lectures
here today, is shown delivering a recent camraign speech.

Abbott Confers
With Farley In
Trip To Capital
State Democrats Discuss
Disposition O O'Hara's
Party Chairmanship
Michigan politics took on a nation-
wide aspect yesterday with Horatio J.
Abbott, national Democratic commit-
teeman, visiting Washington and
Philadelphia to confer on his pat-
ronage and with Mrs. James H. Mac-
Donald of Ann Arbor, vice-chairman
of the Democratic state central com-
mittee, and Frank A. Picard of Sag-
inaw carrying on a cross-state dis-
cussion of the case of Mr. O'Hara,
now languishing in Wayne County
jail.
Conferring in 'Washington with
Postmaster-General James A. Farley
in an effort to hurry up postmaster-
ship appointments in the Michigan
territory, including one in Milan, Ab-
bott's visit coincided with a con-
ference there of four representatives
of the state central committee on
"party harmony."
Consulted By Leaders
According to reports, Abbott did not
take a decisive part in the confer-
ence, but was consulted by the men
taking part. They were Rep. George
G. Sandowski (Dem., Mich.), leader
of Michigan democrats in the House,
Speaker George A. Schroeder of the
Michigan house of representatives,
and Don Canfield and ','incent
O'Leary.
The conference was oescribed by
Abbott as the usual meeting held for
the furthering of cooperation between
national, state, and political elements
of the party. He had nothing new
to report on the rumor circulating
currently in Washington that he will
be replaced as national committee-
man, other than that "there seems
to be no sentiment for it in Mich-
igan that I have been able to dis-
cover.g
O'Hara Plight Discussed

Coal Consumption
Proves January

Was Not

So Hot

Confirming the suspicions of most
amateur meteorologists and other res-
idents of Ann Arbor, the buildings
and grounds department yesterday
proved that last month was just about
the coldest January in recent years.
If the figures for the coal con-y
sumption in the University power-
house are taken as indicative of the
weather conditions, there isn't any
question. Last month the depart-
ment found that nearly 12 per cent
more coal was burned in an average

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day than in January 1935; and the pearance of the noted Socialist. When Rising temperatures, a bright sun, (1) That the TVA concerned the
actual amount had increased from he was here two years ago, he also and a lack of strong winds all con- Tennessee River, a navigable stream,
166 to 186.4 tons as a daily average, delivered three addresses, devoting tributed yesterday to real weather and as such fully within the control
the largest in the last eight or :10 one to a forum and discussion. relief for cold-stricken Ann Arbor. l of the United States Government;
years. Twice standard bearer of the So- After 36 days of snow, ice and sub- (2) That the action was taken to
Curiously enough the coldest day cialist party in Presidential cam- freezing temperatures, the like of provide for the national defense -
in January 1935, from the buildings paigns, Mr. Thomas has occupied a which has never been recorded in the providing power to manufacture am-
and grounds standpoint, occurred just prominent place in the national rad- weather history of this area, fore- (Continued on Page 2)
one day before the coldest (or coal- ical-liberal scene since the World casts now indicate that the greater
est) last month. On Jan. 23, 1935, War. The valedictorian of his class force of the cold spell has alreadyn
233 tons of coal were burned, while a Princeton, where he made Phi been spent, at least in this. section of Session
on Jan. 24, 1936, 255 tons of coal Beta Kappa, Mr. Thomas studied for the nation.
went into the furnaces to heat the the ministry at the Union Theolog- The lowest temperature yesterday,Muios
Uversity.ical Seminary. In 1917, he four below zero, came just after Of I1i1unitio s
University.inay.In197,when h
sharply attacked American entry in- dawn, and from then on the mercury"
ire Che Wansto the War, he was forced to leave rose steadily to the maximum tem- uiz Is Held
his pulpit, and shortly afterwards perature of 16.8 degrees at 3 p.m. The
E jjoined the Socialist Party. high and low temperatures of the
EX osion tger Today, as author, editor, scholar previous day were respectively 7.8 0. Max Gardner Retained
and orator, Mr. Thomas is heralded above, and 6.3 below.
With scores of cities in the Unit- as the leading Socialist and one of The temperature reported by the As Adviser By National
ed Skates endangered from explo- I the outstanding left-wing liberals of University Observatory Weather Bu- Aircraft Council
sions made possible by abnormal gas the country. reau at 7 p.m. yesterday was 13.8
leaks, Fire Chief Charles J. Andrews above. The lowest temperature pre-
of Ann Arbor today warned citizens dicted for last night was zero. T S, Feb. 20. - (11) -
ofAnAbrtdywandctzn he Senate munitions investigation
to report instantly to the gas com- R - e.el eaves For I Yesterday was the third consecu- closed a twenty-month run as the
pv ny any evidence of escaping gas. tive cloudless day for Ann Arbor, an capital's foremost show tonight with
Mains in the vicinity of W. Jeffer- C'hie Co ferene e unusual state of affairs this season. a final curtain disclosure that for the
son and S. Ashley streets yesterday _ _Although no snow has fallen in that value of his political influence, the
were reported to be leaking sufficient- period of time, a depth of one foot aircraft industry retained O. Max
ly to give rise to a danger of fire or Pof. t of snow still remained on the ground Gardner, a former Democratic Na-
explosion. will ethe University R.O.T.C. Band yesterday at 7 p.m. Some snow was tional Committeeman, as its counsel.
willeave today to attend the An- predicted for this vicinity .is deel omitemncappedsaourelc
Chief Andrews requested that any nual Conference of Teachers and The nation as a whole has not yet his development capped a reluc-
peisons detecting the odor of gas Supervisors of Music in Iowa City, received any of the predicted relief tant tale by three collectors of old
emanating from an unidentified Iowa, it was learned yesterday. from the effects of the cold wave. The -- but not too old - machine guns,
source refrai from lighting the gas The conference, which will be in Dakotas, Iowa, Wisconsin and Min- revealing how these and other fire-
in any manner, and report it at once. session today and tomorrow, will ' arms are bought by the pound from
Danger from such leaks is accen- draw directors and supervisors from the army, reconditioned and sold
tua~ed n cod wathr, h sad, b- dawLions from mountainous drifts. Wa- to South American revolutionists or
tuated in cold weather, he said, be- the state of Iowa, and will study and tertown, S. D. broke all weather rec-t oments o
cause gas normally absorbed by the I hear interpretations of state festival ciorn thatarkeas er 40 their governments at a bulging profit.
ground is forced to follow mains and selections. A demonstration clinic ors of ct ed su eat he Dmocratic comteGan fom
pipelines into buildings or to some in teaching and organization will be huso otne u-eowahr mer Democratic committeeman from
pipel pointof biisro m indtedgy rgaisson ll b Ice-chocked rivers and lakes pres- North Carolina and once governor of
other point of escape. conducted by Professor Revelli. ent an added problem in western that state, came with the introduc-
Michigan. Authorities have request- tion of a letter written Jan. 16, 1935,1
)T'- ed aid from the war department in by James P. Murray, eastern repre-
eports From Ea l iesL Regents the form of bombing planes to break sentative of Boeing Aircraft Co., to C.
Lib ; up the great ice blocks in important V. Egtvedt, president of the Aeronau-
_.eetan s Are Fou id In Library harbors. tical Chamber of Commerce, saying:
./ "Max Gardner, special counsel em-
Graduate Will Run ployed shortly after the cancellation
Among some old account books in whether the aspect of the place sug- of airmail contracts, was paid $75,-1
the Library were recently discovered gFsts mere thoughts of Heaven or of For Representative 000.
reports of executive committee meet- the other place to the students who "This year he will remain for $25,-
ings of the Regents held from 1845, assemble there." Morris Popkin '32, graduate of 000, which item is included in the
the year in which the first class ever The professors of the University the University and a local attorney, budget. Personally I feel that Gard-
graduated from the University, until lived in four houses on the edge of has announced his candidacy for state ner can be more help during this
1851 when four professors and two I the campus, and these houses were representative from this district on session of Congress, in order to get
buildings composed the University provided by the University until after the Republican ticket. The present proper airmail legislation than he
11" fIA.i i0 , I _t --'---1U- L, , ~ f 4-14 -.,

Total Of Students
Injured Very High
Dr. Bell Issues Warning
As Toboggan Accidents
For 1936 Rise
The condition of Dorothy Goebel,
'39, Detroit, who received a frac-
tured skull and was badly shaken up
in a toboggan crash in the Arboretum
Wednesday afternoon was described
as being very satisfactory by Hos-
pital officials last night.
Dr. Albert C. Kerlikowske, chief
resident physician, stated late last
night that Miss Goebel was "much
better." He did not say if she had
regained complete consciousness, but
said that he understood Miss Goebel
did speak to Dr. Peet, famous brain
surgeon, early yesterday morning.
Concurrent with the reports of the
accident, a warning to all students
participating in winter sports was is-
sued by Dr. Margaret Bell, director of
physical education for women. There
have been two broken legs, a broken
back, a fractured clavicle and many
other injuries incurred by students
during the 1935-36 school year.
The accident in which Miss Goebel
was seriously hurt occurred when
an eleven-foot toboggan on which
she and her two companions, Eliza-
beth B. Henderson, '38, and Mada-
line Meyers, '39, were riding. Miss
Meyers was not in the Hospital yes-
terday and only suffered a bad scalp
laceration which was not considered
serious. Miss Henderson was not in-
jured.
Dorothy Webb, '37, Detroit, frac-
tured a vertebra and Robert C. Davi-
son, E. Manchester, N. H., received a
broken leg in tobogganning accidents
Sunday.
Miss Webb was thought to be suf-
fering from a wrenched back upon
preliminary diagnosis, but the X-
rays showed that she had fractured
one of the vertebra.
A. Virginia Weidlein, '38, and Carl
M. Post, '38, who accompanied the
injured, were released from the
Health Service as soon as they were
examined.
Michigan Daily
Tryouts To Be
CalledMonday
Candidates Will Be Given
Beats And Instruction In
News And Head Writing
An invitation to tryout for the
editorial staff, the sports staff, or the
women's staff of The Michigan Daily
was reissued to all eligible second-
semester freshmen and sophomores
yesterday.
Tryouts are asked to report at the
following times: Editorial staff, 4:30
p.m. Monday; sports staff, 4 p.m.
Monday; and women's staff, 4 p.m.
Tuesday.
Eligibility rules require that the
tryout must have received at least
one grade of "B" or better and no
grade lower than "C" for the first
semester of this year.
Each tryout will be given a "beat,"
a department of the University or a
campus activity which is a regular
source of news, and will receive in-
struction in elementary news writ-
ing and head writing.
As a reporter in his sophomore year
he will compete with other sophomore
staff members for appointments to
one of five boards, the Publication
Board, the Reportorial Board, the Ed-
itorial Board, the Sports Board, and

the Women's Board. These appoint-
ments will be made by the newly-
appointed managing editor in the
spring of the tryout's sophomore year.
In his junior year he will compete
for the appointment of managing ed-
itor, which is made by the Board in
Control of Student Publications. If
he is not appointed managing editor,

r Lecture The plight of Elmer B. O'Hara, still'
chairman of the state central com-
mittee for the Democratic party, con-
By Alexa der tinued to be the subject of discus- I
lsion among state partisan leaders,
with Picard, 1934 candidate for gov-j
The Conference on Landscape ernor, advising Mrs. MacDonald to
Architecture starts its second and call a special meeting to declare the!
last day with a meeting at 9 a.m. to- chairmanship vacant.
day at the Union, with "The Resi- Picard held that the state law pro-
dential Community of the Future" vides such offices shall be declared
as the subject. vacant upon the holder's convictionj
T. Glenn Phillips, Fellow of the of an infamous crime, and offered
American Society of Landscape Arch- as sufficient substantiations O'Hara's
itects, will preside over the meeting, convictions for bribery in Macomb
with the question being discussed County and election fraud in Wayne
from the point of view of the land- County. Failure to declare the office
scape architect and town planner, by open, he claimed, might endanger
A. H. Alexander, Fellow of the Amer- the position of delegates to the na-
ican Society of Landscape Architects, tional convention.
and president of the Ohio-Michigan
chapter of the organization, which is
sponsoring the conference. I Shakespeare's Status
The question from the point of As Author Questioned
view of the architect will be expand-_

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facuitty andctacilities.
In the reports is included the dis-
cussio) of the building of South Wing'
which would be used as Mason Hall
was then used, to serve as a dormi-

I 18,7 A .r r"rii rt rr f-,, f"H- t+..v.-f- ..F

II


i

ed by Prof. Wells I. Bennett, of the
department of architecture of the
university. Herbert O'Brien, De-
troit realtor, will talk from the point
of view of the realtor. "Recreation-

tory ior students ana to nouse sev-
Hidebound conservatives and rant- eral class rooms. During the time
ing iconoclasts have been waging a these two buildings were so used
wordy battle for years as to the va- they were called "North College" and
lidity of the claim that Francis Ba- "South College," respectively. The
con was the real author of the plays addresses of students were given by

15b1. !according to the reports of incumbent is Redmund M. Burr, aI
1848, it seems that one of the fac- Republican.
ul t y, Professor Whenon, wrote to the Graduating from the Ann Arbor
exc:utive committee complaining that high school in 1928, Mr. Popkins at-t
he had not been "placed upon an tended the literary college and thea
equal footing" with the other two Law School. He obtained his LLB1
professors (especially one, Mr. Ag- from Tulane University where hez
new) and submitting an account completed his studies. He has prac-I
which he asked to be allowed for ticed law here for, three years.z
stoves furnished by himself. While Mr. Burr has been men-
Another of the four residepnt- nrn- tioned as a possible candidate for'

has been to the industry during the
past 10 or 11 months.
Gardner resigned from the Demo-
cratic National Committee early in
1934, shortly after which President
Roosevelt sought to purge the com-
mittee of members doing a law bus-
iness in Washington and holding
membership in the committee as well.
rip - _ _