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Editorials
Imaginary Conversations,...
A Strange Phenomena . . .
VOL. XLVI No. 168 ANN ARBOR, MICHIGAN, SATURDAY, MAY 23, 1936
PRICE 5 CENTS
Republicans'
lot' Charged
ByMuyskens
Vandenberg Championed
By Inner Party Circle,
Professor Asserts
'Senator Told How
To Cast His Votes'
Secret Source Of Material
Of Attacks On WPA And
AAA Revealed
By FRED WARNER NEAL
Prof. JohnH. Muyskens came home
yesterday from the State Democratic
Convention, which endorsed him for
the United States Senatoral nomina-
tion, with the assertion that Senator
Vandenberg will be picked by a "king-
maker" in Kansas to lead the Repub-
licans against Roosevelt this fall.
"Vandenberg is a newspaper can-
didate," Professor Muyskens charged,
"who has been told how to vote and
picked for the Presidency" by an Ann
Arbor born newspaper publisher,
Robert J. Laubengayer, of the Salina
(Kas.) Journal. Laubengayer, ac-
cording to Professor Muyskens, who
declares he has proof for all his
statements, heads a group of news-
paper men who have been running
Republican Presidential politics and
who have selected Michigan's junior
Senator as their choice.
Supplied Information
Senator Vandenberg is accused by
Professor Muyskens of voting since
1934 as the Laubengayer group told
him to. These people, Professor
Muyskens asserted, supplied the
Senator with the information for his
recent and successful attacks against
the Works Progress Administration
and the Agricultural Adjustment Ad-
ministration. ..
"Vandenberg is an opportunist,"
the s p e e c h professor-politician
charged, "and I shall definitely make
that accusation in my campaign
speeches if Vandenberg gets the Re-
publican nomination." Vandenberg,
however, may be "too smart" to take
the nomination at- Cleveland, Profes-
sor Muyskens believes.
He did not reveal how Laubengayer
obtained all the power he allegedly
possesses, but he did maintain that
the Kansas publisher attempted to
use the Democratic party in Michi-
gan to his own ends in backing Sen-
ator Vandenberg.
To indicate the pausability of his
rather startlinghstatements, Profes-
sor Muyskens pointed out that the
Laubengayer crowd started first to
test out the nation's sentiment with
Knox. Then they put Senator Borah
forward, he said, and now Landon.
Landon, however, has recently been
having difficult going and has re-
ceived criticism for being provincial
and lacking experience, and Profes-
sor Muyskens claims these statements
have been put forward by Lauben-
gayer. Vandenberg is the only moan
left, he said, and "the newspaper
bunch that has had their eye on him
for some time and dictating his poli-
cies will offer him the job at the
Cleveland Convention."
Satisfied With Convention
Professor Muyskens released his
statements about Vandenberg and
Laubengayer at the same time that
he declared his chances for being
nominated for Senator by the Demo-
crats are definitely improved. He
voiced himself as "more than satis-
fled" with the Grand Rapids conven-
tion, where his name, along with
those of Senator Couzens, nominal
Republican, former-Governor Com-
stock and Frank Picard of Saginaw,
was endorsed for the Senatorial nom-
ination.
Professor Muyskens after first say-
ing yes and then saying no, more
than a month ago announced that he
would become a candidate for the
nomination. He had originally an-
nounced that he would seek to have
Senator Couzens, more a New Dealer
than a Republican, , run for reelec-
tion on the Democratic ticket. Then
he came out with the statement that
he would run regardless of what
course Couzens followed. The Michi-
gan senior Senator hasnot Yet indi-
cated on what party ticket he will
run, and his only recognition of the
State Convention's action was a
smile.
Foresees Welsh Victory
As Professor Muyskens sees it, it
will be George Welsh of Grand Rap-
ids, a Republican turned Democrat,
who will be his party's choice for
governor, rather than Frank Murphy,
who despite the fact the Grand Rap-
ids convention named him as a dele-
gate-at-large to Philadelphia, found
May Invalidate Securities Act;
Sees Amending Process Change
By I. S. SILVERMAN
When and if the National Securities
Act comes up before the Supreme
Court, certain provisions may be de-
clared unconstitutional on the same
basis as the Guffey Coal Act, in the
l opinion of Prof. Arthur E. Wood of
the sociology department.
The Guffey Coal Bill was invalidat-
ed, yesterday on the grounds that a
tax of this character cannot be levied
to control interstate commerce. Its
tax provisions provided for a reduc-
tion to all those ascribing to the bill.
The machinery of the act is much the
same as certain aspects of the Na-
tional Securities Act, as, for instance,
the tax features of the unemploy-
ment benefits provision.
Tax Provision Questionable
According to this section, if the
industries employing more than eight
or 10 men, exclusive of agriculture,
come under an approved unemploy-
ment insurance act in any state, they
are subject to a reduction of the tax.
This feature of the Securities Act is
much the same as the now unconsti-
tutional Guffey Act.
As for the justification of declar-
ing the Guffey Coal Act unconstitu-
tional, Professor Wood is in sympathy
with the minority opinion of the
court. Therefore, he also believes
that the tax features of the National
Securities Act, if and when they come
before the Court, should not be de-
clared unconstitutional on the same
logic of the Court. Even though the
provisionsbfor the unemployed are
not the best and most beneficial
which could be drawn up, they should
neverthless be allowed to stand be-
cause they are the only Federal pro-
visions of this character now in ef-
fect and because of their necessity.
Favors Social Security
In regard to state security legisla-
tion, Professor Wood believes that
especially in view of the seasonal
character of employment in Michi-
gan, because of the automobile indus-
try, an unemployment insurance bill
is of immediate necessity. The next
legislature will have to attack this
(Pantinued on Page 21
By TUURE TENANDER
Definite attempts will be made
periodically to change the constitu-
tional amending process, in all prob-
ability by trying to lower the require-
ment of a two-thirds vote of Congress,
Prof. Everett S. Brown of the politi-
cal science department writes in the
May issue of The Annals, a publica-
tion of the American Academy of Po-
litical and Social Science.
Coming on the heels of the Supreme
Court decision on the Guffey Coal
Act, latest of the New Deal measures
to be nullified and held by many to
have been the most important, the
article on "The Procedure of Amend-
ment" states that a "historical review
of amendments indicates clearly that
thus far the big stumbling block to
constitutional change has lain in
Congress."
Change Amending Process
Yesterday Professor Brown said
that some questions of constitutional
nature might well be decided and a
precedent set by a court decision but
that in certain other debatable prob-
lems it would be more desirable to
establish the correct position by the
amending process.
In connection with this twofold
establishment of the legality of legis-
lation, Professor Brown said that in-
asmuch as Chief Justice Hughes stat-
ed in his separate concurring opinion
on the Guffey Coal Act that if the
people desire to give Congress the1
power to regulate labor activities theyI
must do it by the amending method,
any action would probably Lake that
trend.I
Sees Child Labor Amendment
The May issue of The Annals is de-
voted entirely to discussion of "The
Constitution in the 20th century." In
addition to Professor Brown's article
it contains contributions from leading
political theorists and government of-I
ficials throughout the country.
In his article, Professor Brown
points out that only one amendment
since 1870 that has been submitted
to the states for ratification has
failed to be ratified. And that one
(Continued on Page 21
-aMW -uwa W *
{~ -u - m
Delay In 'lax Ilicliigan lolids
Decision Holds Top By Beating
Up Legislators Wildcats, 5 - 3
Senate Finance Committee Wolverines Score Four In
Failed To Effect Tax Bill Fifth Inning To Take
Reduction Yesterday Eighth Baseball Game ?
WASHINGTON, May 22. - (P) - EVANSTON, Ill., May 22. - (Spe-s
Signs that the Congressional goal of cial to Michigan Daily) - The Uni-
a June 6 adjournment might fall by versity of Michigan baseball team
the wayside increased today as a maintained its position at the top of
divided Senate Finance Committee the Big Ten race with Iowa by de-
whittled a few more millions from the feating Northwestern University to-
much-revised tax bill, but failed to day, 5 to 3, for their eighth win in
reach any final agreement on the ( nine starts this season. The HawkeyesI
measure. g beat Minnesota to keep pace with the
The troubles besetting this ad-,! Wolverines.
InSpie Of Britain
SAN QUENTIN, Cal., May 22. - ()
Great Britain's repeated efforts to
1 save the life of Alexander Mackay
subject of the government con-
demned as a kidnaper, failed today
as he dropped to his death through
the trap of San Quentin's prison's
gallows.
He was one of three prisoners
hanged in California today.
Mackay and his companion, Joseph
Kristy, paid the penalty for slugging
the warden of San Quentin and
escaping with four prison board mem-
bers as hostages.
Ivor Novello's
Party' Second
Play Of Season
Estelle Winwood Appears
At Lydia Mendelssohn
Theatre Today
The second production of the Dra-,
matic Season now current at the Lydia
Mendelssohn Theatre opens this
afternoon at 3:15 p.m. and tonight at1
8:15 p.m. with Ivor Novello's musicale
comedy, "Party."
Estelle Winwood, of the New York.
stage, heads the list of players in
the role of Mrs. MacDonald, whoc
represents Mrs. Patrick Campbell in c
the satire of smart theatrical Lon-Y
don. Other outstanding actors in theY
cast are Frances Maddux, who has c
come to Ann Arbor direct from an en-..
gagement in New York with Paul
Draper, and Eddie Garr, who has c
achieved success with his imitationsy
of celebrities.n
As an interesting prelude to the
third production of the season, "Ham-c
let" with Ian Keith and Estelle Win-I
wood, Reginald Pole will repeat his
lecture, "Hamlet - the Prophecy ofI
Modern Man," tomorrow afternoon ats
4:15 p.m. in the Lydia Mendelssohn7
Theatre. The management has an-1
nounced that although these lecturess
are primarily for season ticket hold-
ers, a limited number of seats are
available at the box-office for the
lecture tomorrow afternoon. At that
time, Mr. Pole will be introduced by
Prof. Howard Mumford Jones of the
English department.
"Libel," which concluded its per-
formance here last night, was gen-
erally agreed to have scored an out-
standing success. It had been shown
since Monday and played to a full
house each night. It was the first
Dramatic Season production.
Beta Theta Pi
Estimates LossY
In Rent At $900
Beta Theta Pi fraternity suffered a
loss of rent exceeding $900 duringt
the enforced vacancy of its house, 604
S. State St., it was estimated yester-
day by Norman Williamson, '36, pres-
ident of the fraternity.
Considered in his estimation, Wil-
liamson said, was the revenue de-
rived from women members of the
Michigan Interscholastic Press Asso-
ciation and from the Philadelphia1
Symphony Orchestra, both of whom1
rented the house for brief periods
during its vacancy.
The house will be opened this morn-
ing for the first time since April 11
when it was closed for Hell Week
violations by the Executive Commit-
tee of the Interfraternity Council..l
Although the committee had orig-I
inally ordered the house closed for
five months, the Betas were givenI
special permission to reopen it after
their petition had been approved by
the committee and by their national
organization.
During the vacancy redecoration'
and cleaning at a cost of more than
$600, was undertaken in the house,
Williamson said.
Although all former occupants of+
the house will return, he said, it is
unlikely that meals will be served
during the remainder of the year.
So Wolf Is President -
It's News To Operator
Herbert Wolf, new Union presi-
dent; should drop around to his State
Street emporium, at least long enoughj
to get acquainted with the help.
A reporter telephoned Wolf at the
Union yesterday, "Is Herbert Wolf
there?" he asked.
"Who's he?" came back the unen-
Dr.Townsend
Tells Officials
'Defy House-
Leader Of Pension Group
Issues - His Statement
From Baltimore Hotel
Co-Founder Of Plan
Faces Court Action
Speaker Byrns May Refer
Case To U. S. Attorney
Instead Of Hoase
WASHINGTON, May 22.-(P) -
From a quiet retreat in a Baltimore'
hotel, Dr. F. E. Townsend today in-
structed officials of his old age pen-
sion movement to adopt his own at-
titude of defiance toward the House
committee investigating their activi-
ties.
Described by his aides as busily and
"happily" writing the story of his
life and philosophies, the co-founder
of the Townsend Plan, knocked off
long enough to accuse the committee
of "unconstitutional persecution" and
enjoin his colleagues to refuse to an-
swer its questions.
. Even as this word was disseminated,
however, Townsend faced a threat
of direct court action on a charge
of holding the House of Representa-
tives in contempt. Speaker Byrns
hinted plainly that the case might be
referred directly to the United States
attorney, instead of arraigning the
pension leader before the House.
The retired physician signalized his
own defiance of the committee late
yesterday by walking out of the com-
mittee's hearing. Dr. Gerald K.
Smith, late of the Huey Long share-
our-wealth movement, took him to
Baltimore in a taxicab.
His action today was announced
by his counsel, Sheridan Downey, who
also confirmed that, over-night,
Townsend headquarters here had been
packed up bag and baggage and
shipped off to Chicago. -
Educators Plan
Clinic To Treat
Mental Cases
Flint Selected As Location
At Meeting Of Committee
In Union Yesterday
A committee of Michigan educators
As an
honor a
Gomberg,
manship of the chemistry department
Feb. 14 after 43 years of service, has
been presented to the University, it
was announced yesterday. A repro-
duction is shown above.
The painting, temporarily hung in
the Alumni Association Offices, Alum-
ni Memorial Hall, was executed by
Isabel Branson Cartwright, Phila-
delphia, in near-life size.
Originally planned at Profeswor
Gomberg's seventieth birthday ban-
quet shortly preceding his retirement,
the donation of the portrait has been
but one means by which tribute has
been paid to his accomplishments and
character. A scholarship fund estab-
lished in his name and a bound vol-
ume of birthday greetings also gave
evidence of his friends' regard upon
that occasion.
Mrs. Cartwright, the painter, has
frequently been recognized for the
excellence of her portrait work. She
won the Art Club Gold Medal while
Presented To University
Michigan Places
14 In Conference
Meet At Columbus,
Portrait Is Tribute
To The eutation
Of Prof. (Gomberg
expression of esteem and
portrait of Prof. Moses
who retired from the chair-
Trailed By Ohio, Indiana
With ine Entries Each
In Final Today
Favored Indiana
Loses In Hurdles
Stoller Bests Owens' Time
As Coaches Give Praise
To Michigan Runner
By WILLIAM R. REED
COLUMBUS, O., May 22.--Mich-
igan's track team will enter the finals
of the Conference track and field
meet tomorrow according to form,
having placed 14 entries in prelim-
inaries held today. The Wolverine
total led Ohio State and Indiana,
each with nine qualifiers and Iowa
and Illinois- with eight and seven re-
spectively.
The Wolverines suffered but one
major disappointment in the qualify-
ing today, but Indiana, favored for the
title by observers here, saw possible
points in the low hurdles and half-
mile disappear when Dan Calde-
meyer and Bernie Gill failed to make
the grade in their respective heats.
Ohio State, however, saw George
O'Brien come through to lead all
qualifiers in the half-mile with the
fast time of 1:54, a boost for Buck-
eye hopes. Charlie Beetham placed
second to Howard Davidson in one
heat of the half while Jesse Owens
was winning his qualifying trials in
the hundred, 220-yard dash, the low
hurdles and broad jump.
Michigan's one disappointment
was Mike Savage, who failed to place
among the first six in the discus,
Results of the finals of the Big
Ten track meet can be obtained,
event by event, by calling 5591
anytime after 3:30 p.m. today.
The meet is being broadcast over
WOSU, the Ohio State University
station, 570 kilocycles, with the
opening gun starting the one-mile
run at 2:00 p.m.
but his place was taken by John
Townsend, who was in fifth spot as
Skip Etchells led.
Sam Stoller paced the Wolverines,
almost assuring himself of a second
in the broad jump with a leap of
23 feet, 10%/4 inches, his best and win-
ning his heat of the hundred in
:09.5. Stoller's time was a tenth
better than Owen's time and coaches
remarked that he had never looked
better. The Stoller-Owens battle in
the hundred may be one of the sen-
sations of the current season.
Bob Osgood, high hurdles flight
winner, and Stan Birleson with Har-
vey Patton and Charlie Miller fol-
lowing in the quarter-mile shared
honors for the day with Stoller as
Michigan color bearers. Other quali-
fiers included Steve Mason in the 220,
Ben Starr in the 880, Len Dworsky in
the javelin and Townsend in the shot.
Michigan followers here tonight
were enthusiastic over Wolverine
prospects. With no disappointments
in the preliminaries and unlooked-for
points more than a possibility on
the basis of events, a 15th title may
go back to Ann Arbor tomorrow night.
All, however, were careful to point
out that prospects depend entirely on
showings in the mile and two mile.
A third in the mile and five points
from the two-mile would put the Wol-
verines in position for a total easily
( exceeding 40 points, which observ-
ers have generally agreed will be
necessary to win.
'Black Leion'
Charged With
RitualSlaying
DETROIT, May 22. -(P) - Prose-
cutor Duncan C. McCrea said today
he would formally charge seven men,
members of the "Black Legion," a sec-
ret vigilante ,society, with the "ritual
slaying" of Charles A. Poole, 32 year-
old WPA worker.
Sixteen men, all of whom Police
Inspector John I. Navarre said were
members of the black-robed organi-
zation were held for investigation.
Four of them have confessed, he said,
that they took part in the abduction
journment key shared interest with
two other developments. One was
an announcement by President
Roosevelt of a contemplated swing
into the Midwest and Southwest
starting June 8, on the assumption
that Congress would either adjourn
or recess. Another was a new defi1
hurled by Dr. F. E. Townsend atl
the House committee investigating I
his Old Age Pension movement.
The Senate Finance Committee, in
reconsidering the tentative approval
it gave yesterday to a compromise
replacement of the House bill, found
and decided to cut out a "tax on
taxes" it had placed there.
The. trouble was that the proposed
7 per cent tax on undistributed cor-
poration income overlapped the flat
18 per cent levy on all corporate in-
come. That is, a corporation would
be taxed twice on a portion of its
profits. It was decided that the 7
per cent should apply only after the!
18 per cent tax had been subtracted.
This was estimated to cut another
$40,000,000 from the bill's potential
revenue, with the Treasury figuring
that it would bring in $529,000,000 in
all. This is considerably below the
amount President Roosevelt asked.
A hunt was on for more revenue
possibilities, but no decision wasj
reached and some intimated they
favored reporting the bill to the Sen-
ate as it now stands.
Con ne aOf Religioni
Holds Last Meeting
The Council of Religion will hold;
its final meeting of the year at a
dinner May 28 at the Michigan
League.
The Council which aids Dr. E. W.
Blakeman, counselor of religious ed-
ucation in correlating activities and+
A big fifth inning in which Michi-
gan scored four runs accounted for
the margin of victory. Lerner opened
the fifth flying out to center. Kremer1
singled and stole second, Heyligerc
walked putting men on first and
second.
Fishman then came through with
a hit, scoring Kremer and sending1
Heyliger to third. Rudness collected
a hit to right which scored HeyligerT
and enabled Fishman to reach third,
and Fishman scored a minute laterK
on a double steal with Rudness. Brew-
er then singled to send Rudness homec
with the final run of the inning.
Both teams scored one run in the
initial frame and then played along,
on even terms until Michigan came
through in the fifth with a suddent
hitting spree to cinch the game.
Northwestern rallied in the last, but
fell two runs short of the Wolverine
lead. Brewer accounted for the in-
itial run as he scored on Ferner's1
single.
Herm Fishman went the entiret
route for the Wolverines, allowing
only seven hits for three runs. Good
support in the field enabled him to
chalk up his seventh straight win of
the season. Northwestern used three
pitchers to stop the Michigan attack.
The Wildcat moundsmen only yielded
seven hits, but the Wolves bunched'
theirs in a timely manner to gain the
victory. Heyliger led Michigan with
two hits in three times at bat, andj
M ack led the Purple with three out of
four.
Death Takes Dr. Kelley,
Deliverer Of Over 3,000
BURR OAK, May 22.--(P)-Dr.
John J. Kelley, 59, who had practiced
medicine here for 35 years, died in
Sturgis Memorial Hospital today afterI
still a student, receiving the Mary
met yesterday in the Union with Smith prize from the Pennsylvania
members of the Michigan Crime Academy of Fine Arts for a depiction
Commission and decided to establish of Henry B. Snell, New York artist,
a child guidance clinic in connection and has been awarded honorable men-
withthe ubli schol ssteminF i tions by the Buffalo Society of Artists
with the public school system in Flint. and the Plastic Club of Philadelphia.
If the clinic is a success in Flint, many
such clinics will be placed throughout I
the State, they said. Secrecy Veils
Flint was selected, State Senator
H. P. Orr, a member of the crime Session Of Civil
commission, said, because L. H. Lamb,'
superintendent of Flint schools, has
the ground work for such a program Serviee Groinp
well established in Flint.
George Horst and H. P. Orr, mem-
bers of the Crime Commission and Political Science And Merit
Mrs. Helen Rounsville, secretary, con- System Associations Are
ducted the sessions.ytm..r
Others attending the meeting were: Represented
J. W. Sexton, Lansing; L. H. Lamb,
Flint; E. H. Chapple, Ypsilanti; E. B. A shroud of mystery was thrown
Holden, St. Joseph, all superinten- around the secret session of high-up
dents of schools; Clarence Ramsay of civil service authorities and Prof.
Michigan Children's Institute Com- James K. Pollock's Civil Service Study
mission, Ann Arbor; Dr. Homer L. Commission which met behind closed
J. Carter, Western State Teachers' doors yesterday in the Union.
College, Kalamazoo; Dr. Harry J. Included on the program were Gov-
Baker, director, Psychological Clinic( encFied ,Cramne rG
of Detroit public schools; Dr. MaudeCI ernor Fitzgerald. Clarence A. Dykstra,
E. Watson, representing Michigan Cincinnati city manager, former-Re-
High School, Grand Rapids; Ross P. gent Edmund C. Shields, newly-elect-
Tenny, superintendent Oakland ed Democratic National Committee-
County Juvenile Home, Pontiac; Dr. man, and President Ruthven. The
I session will convene again today.
Roy F. Street, president, Michigan
Psychological Association, Battle No indication was given as to the
Creek; Dr. Willard C. Olson and Dr. specific nature of their comments on
H. Y. McClusky, of the University. the merit system, but it was under-
i
.
'i
.
1
Dr. Harper Heads
M.S.C. Sociology
EAST LANSING, May 2. - (/P) -
The State Board of Agriculture an-
nounced the appointment of a new
head of the sociology department at
Michigan State College today.
The board, governing body of the
college, said that Dr. Ernest B. Harp-
er, widely traveled educator and au-
thor of several text books, will suc-
ceed Dr. E. Mumford, as head of the
stood that every phase of civil serv-
ice, even small technical details, were
thrashed out pro and con. The con-
ference met under the auspices of the
American Political Science Associa-
tion, and the Michigan Merit System
Association was represented.
Others participating in the session,
all by special invitation, are Rep. Has-
kell Nichols of Detroit, Mrs. Seidel
Judd of Grand Rapids, and Prof. Lent
D. Upson of the University of De-
troit, director of the Detroit Bureau
of Governmental Research, members
of Professor Pollock's commission.
Lyle Belsley, director of the Civil Serv-
ir. A oomlvof the niti Sntcae