The e at he r
Fair and warmer today; to-,
morrow generally fair, con-
tinued 'warm.
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Sir4
~IaiA
Editorials
Putting Up A Straw Man..
How To Dominate
A College Audience ...
VOL. XLVI No. 170 ANN ARBOR, MICHIGAN, TUESDAY, MAY 26, 1936
PRICE 5 CENTS
Eby To GetI
'Open' Trial
From Board'
Charge Instructor Put
Propaganda Into Classes
On Historyt
Is Being Pledged f
Friends' Supportt
Whole Question Of Place
Of Such Studies Is
InvolVed, Says Shoecraft
Members of the Ann Arbor Board<
of Education, who will "try" Kermitt
Eby, Socialist history teacher, on thec
charge of "propagandizing" in hist
classes, tomorrow night, will approach
their meeting with "open minds,"1
Ezra Shoecraft, president, promisedf
yesterday.
The meeting will be open to the
public, Mr. Shoecraft said.
Mr. Eby's contract was withheld1
by the Board two weeks ago, when
the contracts of all other Ann Arborc
teachers were renewed, on the charge,
according to Otto W. Haisley, super-
intendent of schools, that he propa-
gandized in conducting his Ann Ar-
bor High School classes in social
problems and international relations
and that his "political activity"
brought criticism on the Board.
Propaganda Charge Dened
Mr. Eby denied the charge of prop-
a andizing, maintaining that he was
objective in "teaching students to"
think for themselves." He was sup-
ported in this statement by L. L. For-1
sythe, Ann Arbor High principal,
whose two children attend Eby's
classes. Mr Eby claims that academ-
}c freedom is the chief question in-
volved, and backing him in his fight
for reinstatement are the Parent-
Teachers Association, the Teachers
Federation and the Civil Liberties
Union.
More than 500 of Mr. Eby's stu-
dents, past and present, have signed
a protest against his virtual suspen-
sion, asserting that the charge of
piopagandizing is false. Support hasl
rallied to Eby from every side. Friends
of the school teacher said this week
that George Burke, University at-t
torney, had volunteered his services if1
the case is brought to court. Dean
James B. Edmonson of the School ofr
Education, however, points out that
the action of the School Board in suchf
cases is final, the only other alterna-
tive being the dubious appeal to the
courts on grounds of infringement of
Constitutional rights.e
Although Mr. Shoecraft admitsc
that he himself is "unqualified" to
judge because he has no training in
education, he pointed out that the
decision rests with the entire board.1
As he sees the controversy, it resolves
into two questions:1
Issues In Controversy1
1. Whether or not it is "advisable"
to teach political and economic sub-t
jects to children of high-school age
the large percentage of whom, in
Mr. Shoecraft's opinion, are not suf- I
ficiently trained to think intelligently1
for themselves. And
2. Whether what Mr. Eby and
other modern educators are striving
for is academic freedom rather thanI
license.
To Mr. Shoecraft's mind, Mr. Eby
is supporting academic license. He
assured, however, that the Board's.
decision will be free of "political in- I
fluence." Eby's political beliefs, he'
said, "are of no importance, but the1
Board must decide whether or not
these beliefs shall be allowed to in-
fluence Eby's teaching so that his 1
students do not have the right viewl
of contemporary political questions.
He did not say what the "right view"
was.
Music Groups
For Open-Air
Night Concert
The University Concert Band, con-
ducted by William D. Revelli and as-
sisted by the Varsity Glee Club under
the direction of David E. Mattern,
will present a concert on the steps of
the General Library at 7:15 p.m. to-
morrow.
The program will range from well
known marches to some of the more
serious works of band literature, and
will be brought to a close with a com-
position by the contemporary.Ameri-
can composer, Henry Hadley. This
Unemployment Can Be Solved,
Is Message Mailed To Seniors
Detroit Attorney Wrote
Book For Home Patriotsr
In Time Of Crisis
By ARNOLD S. DANIELS I
More than 3,000 seniors and grad-
uate students have recently receivedi
through the mails a booklet entitled1
"Unemployment Can Be Solved." Yes-<
terday, Royal D. Rood, Detroit at-
torney, gave for the first time ani
explanation of just what the booklets,
represent, and why they were sent
to University seniors.I
"Unemployment Can Be Solved"i
was written by Mr. Rood for the Home1
Patriots of Michigan, a protective so-}
ciety organized in 1931, originally
to answer the need for definite actionI
caused by the fact that one-third ofc
the property owners of Michigan, ac-f
cording to Mr. Rood, had abandoned
their property because of heavy tax-
ation. Their investigation, he said,
led quite naturally to a study of un-
employment in the state.
There should be no one more in-
terested in unemployment, Mr. Rood
said, than college seniors. It is quite
possible, he added, that most of them
will either throw the booklet away,
or store it in their trunks and forget
about it. But, he said, it is also
quite possible that in a few years many
of them will be acutely interested
in the unemployment situation, and it
is in the hope of the home Patriots
Society that at that time they will
recall the ideas expressed in the pam-
phlet.
The plan of the Home Patriots as
outlined briefly by Mr. Rood is the
substitution of employment for taxes.a
That is, instead of paying taxes on its
income, a business will be required toa
hire a certain amount of labor to be
designated by law. Each businessf
will be allowed to appraise itself, he
said, and to make certain that the
Trial Of Day,
Killer Of Loeb,
Is Commenced
JOLIET, Ill. May 5. -W)- Beforej
a crowded courtroom, the state
opened today its drive to send convict
James Day to the electric chair for
the razor slaying of "thrill killer"
Richard Loeb, in a trial counsel esti-
mated would require a month.
At the end of the first session be-,
fore Circuit Judge Edwin L. Wilson,
but two veniremen had been exam-
ined. Assistant State's Attorney,
Walter O. Herschback said he expect-
ed to spend a week selecting a jury,
qualified to inflict the extreme pen-
alty.
Herschback and his associate, as-c
sistant Prosceutor Charles J. Mc-,
Keown, said they would rely consid-
erably on a photograph of the slashed
body of the coslayer of little Bobby
Franks in one of Chicago's most sen-l
sational crimes of a dozen years ago,
to offset Days' plea of self-defense.
Defense counsel Emmett Byrne and
Harold Levy of Chicago said they
would depend on Day's statement
after the killing in Stateville prison
last January in seeking complete ac-
quittal of their 3-year-old client.
Caps And Gowns
Must Be Ordered
. Seniors must order caps and gowns
for Swingout immediately if they are
to have them in time for the tradi-
tional ceremony, Foster Campbell, '36,
announced yesterday.
It was emphasized by Campbell that
the continuation of Swingout was de-
pendent on the conduct of this year's
ceremony.
Ina Hutton Unhurt
As Bus Overturns I
Ina Ray Hutton, leader of the na-
tionally-known all-girl band that will
play here Friday night at the Key
Dance, escaped injury Sunday when
the bus in which members of the
band were travelling overturned on
the Dixie Highway near Pontiac in
order to avoid a collision.
Richard Marcotte, Flint, the bus
driver, said he had to turn sharply to
the left to avoid hitting a car ap-
proaching ,him on the wrong side of
the road and pursuing an uncertain
course. Marcotte turned into a
guard rail and lost control of the bus
which overturned. He said the other
car was without lights and did not
stop.
The bus had been chartered to car-
appraisals are accurate, they shall be
formally considered as announce-
ments of sale.
It is the opinion of the society, Mr.
Rood said, that if this plan is carried
out in detail, a balance of maximum
production and consumption will be
reached, with the creation of a
broader market and a higher stand-
ard of living.
The Home Patriots, he said, expect
no immediate results from their plan,
since they realize that it is completely
new. It will take a great deal of time,
he said, for its theories to be. assim-
ilated by the voting public. It is for
this reason, he addedI, that the pam-
phlets are being sent to University
seniors, whom the society considers
more capable than any other persons
of voting age of understanding its
ends, and of appreciating its ultimate
values.
Hillel's Funds
For Refugees
Exceed_$1,000
$3,000 Campaign Portion
Of National Drive T Aid
European Jews
More than $1,000 has been con-
tributed to the fund of the Hillel
drive, Irving Levitt, '36, co-chairman
of the student section of the cam-
paign announced last night.
The drive, which is for $3,000, is
part of a national campaign to send
aid to Jewish refugees in Europe and
establish a maximum number of them
on a self-subsistent basis in Palestine.
Donations, Levitt said, may be
brought in person or mailed to the
Hillel Foundation, dropped in the con-
tribution box in Ulrich's bookstore
or the Marilyon Dress Shop, or given
to one of the members of the drive
committee.
The members of the committee
and the schools in which they will
handle contributions today and to-
morrow are: Engineering -James
Eckhouse, '38E, Thomas Friedman,
'38E, Ardo Friend, '38E, and David
Klein, '38E; Law - Jack Weissman,
'36L, Sam Travis, '36L, Aaron Low-
enstein, '37L, Phil Shore, '36L and
Arnold Monash, '37L.
The medical school committee will
consist of Martin Alexander, '36M,
Joseph Sklaver, '3,7M, David Hahn,
'38M, Mervin E. Green, '37M, Alexan-
der Hirschfeld, '39M, Joseph Klien,
'36M, Robert Kositcheck, '39, and Wil-
liam Thall, '38M; music - Elaine Du-
bis, '38, and James Rosenthal, '37;
architecture - Leo Ruttenberg, '36;
dental - Frank Greenbaum, '37D, and
Ada Resnick, '36D.
Co-ed contributions will be handled
by Madalyn Meyers, '38, Charlotte
Glatt, '38, Betty Jane Meyers, '38,,
Marian Sanders, '37, Madalyn Golden-
son, '37, Pauline Cohen, '37, Martha
Wise, '38, Rita Baum, '38, and Dorris
Robbins '38.
'Black Legion'
Absent Locally,I
Police Declare
No indication of a local member-
ship of the Black Legion, terrorist
society reputed to have a member-
ship of 135,000 in Michigan, has
been found in Ann Arbor according
to local police authorities.
No special investigation has been
Icarried on Chief of Police Lewis W.
Fohey said, nor is one proposed. The
chief added that no knowledge which
the department has, would indicate
the existence here of a Black Legion.
No crimes have occurred her in the
pasthe said, which might be linked
up with the organization.
Possibility of a following of the
Black Legion in Washtenaw County
was also termed unlikely by Sheriff
Jacob Andres. His office has no
knowledge that would indicate the
existance of the cult here, he said,
and no crimes have been committed
in the past which might be attributed
to the society.
To Name Hopwood
Winners On Friday
Winners of the sixth annual Avery
and Jule Hopwood Awards Contest
will be announced at 4p.m. Friday
at the Union, Prof. Roy W. Cowden,
Leaders See
Session End
Approaching
Tax And Relief Bills Are
Only Important Measures
Left To Be Passed
Hope To Adjourn
Before Convention
Administration To Block
Tax Bill Unless Revenue
Provisions Are Raised
WASHINGTON, May 25.-(A'1-De-
spite a day of slow progress made on
the vital relief and tax bills, hopes
for adjourning Congress by the end
of next week quickened somewhat
tonight with forecasts of action for
tomorrow.
The Senate Democratic leader,
Senator Robinson of Arkansas con-
teniled there was still a good chance
for adjournment before the Republi-
can National Convention.
A search for additional revenue
tied the tax bill up in the finance
committee, as administration friends
insisted upon raising the $620,000,000
of annual revenue asked by President
Roosevelt.
Republican demands for additional
information blocked action by the
appropriations subcommittee on the
$2,364,000,000 relief-deficiency bill.
Chairman Adams (Dem., Colo.), al-
though he remarked that some mem-
bers of his group did not seem in a
hurry about acting on the bill, fore-
cast the bill would be approved to-
morrow by the sub-committee. One
of the other committee members said
there was a chance the full commit-
tee might also act'tomorrow and send
the bill to the Senate Floor to de-
bate Wednesday.
Chairman Harrison (Dem., Miss.)
of the finance committee also held
out hope for a report tomorrow on
the tax bill.
The Treasury estimated the com-
mittee's compromise corporate tax
plan would raise only $560,000,000,
but some committee members said
the figure was too conservative. Sen-
ator King (Dem., Utah) said the bill
should raise "nearly or more than
$2,000,000,000, about half of which
would be increased revenue."
China Attempts
Lasting Peace'
With Japanese
NANKING China May 25 -- UP)-
China moved for a "lasting peace"
with Jaan tonight in an effort to
halt the spreading Japanese penetra-
tion in North China.
General Chang Chun, foreign min-
ister of the National government, ap-
pealed for establishment of an under-
standing between the two countries
at the earliest possible moment.
At the same time authoritative Chi-
nese quarters said Japan's recently
strengthened military garrisons are
seeking a more widespread occupa-
tion in North China.
"China desires no temporizing pol-
icy to ease the present situation," said
General Chang Chun. He spoke at a
memorial service for the late Dr. Sun
Yat-Sen, "father" of the Chinese re-
public.
"It (China) wants an understand-
ing which will insure the peaceful
existence of the two peoples for gen-
erations to come," the foreign min-
ister added.
Dictatorship
Is Final Aim
Of Terrorists
Detroit Investigator Says
Michigan Organizationz
Has 135,000 Armed
Spokesman Denies
Charges Of Murdert
Lupp Attributes Growth:
Of Legion' To Business
Slump And Communism
DETROIT, May 25. - (P) -Polit-
ical implications of the hooded and
robed Black Legion came into the
foreground tonight with the asser-
tion of Harry Colburn, chief investi-
gator for the Wayne County (De-
troit) Prosecutor's office that members
told him the ulimate aim was a
United States dictatorship.
Colburn previously had disclosed
claims of members that there were
135,000 Black Legionnaires in Mich-
igan alone, all pledged to possess
arms, and all organized along military
lines.
In Lima, 0., V. F. Effinger, who an-
swered queries about his reported con-
nection with the order by saying
"What if I am the leader, we do not
countenance murders," said the Black
Legion has 3,000,000 members.
Leader's Home Is Located
Colburn said members told him that
the organization was perfected for
the purpose of establishing a dic-
tatorship "when the time is ripe,"
under the national leader (not Ef-
finger) who, he said, lives near the
Ohio-West Virginia border.
Arthur F. Lupp, Highland Park,
Mich., milk inspector, whose name,
was found in correspondence concern-
ing the order, according to Owen Dud-
ley. Jackson (Mich.) county prose-
cutor, submitted to questioning late
today at police headquarters.
"It is made up of good people in all
walks of life, who were brought to
their senses when Communism and,
other isms crept into the U nited=
States from foreign countries," he
said.
Members Unable To Withdraw
Asked about reports of floggings
and other acts of terrorism ascribed
to the organization, he replied "I can't
discuss the ritual." He declared, how-
ever, that the slaying of Charles
Poole, 32-year-old WPA worker for
which 13 alleged Black Legion mem-
bers were arraigned today, was with-
out his knowledge. He knew nothing
of it, he said, until he read of it in
the newspapers.
Of reports that Black Legion mem-
bers are threatened with dire conse-
quences should they withdraw, Lupp
said: 'When I join an organization,
I make a pledge to stay with it for
the rest of my life. You can't take
that with a grain of salt.''
Deaths Under Investigation
One, he said, was that of George
Marchuk, described by police at the
time as a radical sympathizer, of sub-
urban Lincoln Park. He was found
dead of a bullet wound on December
22, 1933, and his death was recorded
as a suicide. Colburn declined to
name the other persons whose deaths
are under investigation.
Victims of mob terroism came for-
ward today under promise of pro-
tection with new accounts of slayings,
floggings, and arson by masked night
riders wearing the death's head in-
signia of the secret order.
Twelve members of the terrorist
society were arraigned here today on
charges of kindaping and murder of
Charles A. Poole, whose death in a
lonely roadside ditch brought into
(Continued on Page 4)
Warning To Palef aces
Given By Michigamua
When out from the paleface wig-
wam
From behind the staring moonface
Came the slow and solemn five
booms
Telling that the evening spirit
Wanders over the woods and
meadows,
Lights the campfires of the heav-
ens,
Then the Michigamua warriors
In their feathers and their war
paint
Soon will gather 'round the oak
tree
'Round the oak tree called the
Tappan
There to greet the trembling pale-
faces.
Many in number wait the bidding
Of the loud rejoicing redskins
For before they take the long trail
To the home of Michigamua
Many trials and many tortures
First must prove their strength and
courage
Ere the redman bids them welcome,
Ere he calls each paleface "Indian,"
Ere the peace pipe smoke goes sky-
wed.
T omasAgain I
To Be N ominee
For Socialists
National Convention Picks
'Farmer' As Running
Mate For '28, '33 Choice
CLEVELAND, May 25. - (MP)-For
third time, Norman Thomas was nom-
inated today as the Socialist candi-
date for President.
For vice-president, the National
Convention named George Nelson, a
"dirt farmer," of Polk County, Wis-
consin.
Both were nominated with little op-
position, Nelson unanimously.
Thomas, the party nominee in 1928
and 1932, was selected by an over-
whelming voice vote. Against his
choice there was low cry of "no" from
some members of rightwing delega-
tioris--evidencing the bitter weekend
dispute over the New York contro-
versy, which ended in the seating of
the leftist Thomas delegation and
the organization of a new schismatic
party by the New York "old guard"
after its delegation was turned down
by the Convention.
Final consideration of the party
platform was deferred until tomorrow.
The nomination of Thomas was
made by Dr. Harry W. Laidler-co-
director with the nominee of the
League for Industrial Democracy-
and by Mayor Daniel Webster Hoan of
Milwaukee. It was seconded by more
than a dozen or more delegates.
Demonstrations, begun with the
nomination, reached an uproarious
climax when Thomas was escorted
into the convention hall by Mayor
Hoan
The hall was a mass of red flags as
delegates paraded about the aisles
with the standards of their states.
Thomas led the delegates in the sing-
ing of the "Internationale," with his
right arm aloft and fist clenched, as
he was carried on the shoulders of
delegates from his home state to the
platform for an informal acceptance
speech of a few words.
Flood Feared
In Houston As
Bayou Swells
HOUSTON, Tex., May 25,---(It}')_
Houston, Texas' largest city, braced
tonight for a flood expected to send
Buffalo Bayou out of its banks and
into the business district.
G. L. Fugate, flood expert and head
of the Houston water department,
announced rains of 12 and 13 inches
in the watershed north and west of
Houston would push into the Bayou
more water than it could carry. He
expected the water to enter the bus-
iness district tomorrow afternoon.
The weatherman reported the worst
of the downpours was over, although
possibility was seen for more showers
At least a dozen persons were
trapped on the Mexican coast about 60
miles below Brownsville when high
tides sent water rushing over roads
behind them. They were believed in
no danger.
The high waters drowned Wood
ward Keith of Harlingen when a fish
ing boat capsized. Four other per
sons in the party escaped only aftera
High Court
Again Hits
'New Deal'
Bankruptcy Act Is Ruled
Invalid, Held To Violate
States' Rights
New Dealers Lose
Two Other Cases
Court Will Decide Monday
On Minimum Wage Law;
Busy Session Ends
WASHINGTON, May 25. - (P) - In
a sharply divided 5 to 4 decision that
killed another law enacted under the
New Deal, the Supreme Court today
declared unconstitutional the 1934
Municipal Bankruptcy Act.
On the ground that it violated
states' rights, the majority swept the
statute, intended to help cities, coun-
ties and other political subdivisions
reduce their indebtedness through
Federal bankruptcy courts, to the
same fate met by NRA, AAA and the
Guffey Coal Control Act.
Dissenting Opinion By Cardozo
A dissenting opinion, written by
Justices Cardozo, and subscribed to by
Chief Justice Hughes and Justices
Brandeis and Stone, sharply chal-
lenging the conclusion of the majority
and spoke of the care "with which
the governmental powers over the
state and its subdivisions are main-
tained inviolate" under the legisla-
tion.
Justice McReynolds, joined by Jus-
tices Van Devanter, Sutherland, But-
ler and Roberts, wrote the majority
opinion, reaching the conclusion that:
"If obligations of states or their po-
litical subdivisions may be subjected
to the interference here attempted,
they are no longer free to manage
their own affairs."
This decision was the climax of a
busy session which saw the govern-
ment defeated in two other disputes,
and victorious in two.
Only two cases, one of them in-
volving the constitutionality of the
New York minimum wage law for
women and children, were left for de-
cision next Monday before the court
starts its summer vacation.
Inadequate Hearing By Wallace
The government lost in its effort to
reduce service charges for buying and
selling livestock at the Kansas City
stockyards. In an unanimous opinion
by Chief Justice Hughes, the Court
said Secretary Wallace had not given
the commission men an adequate
hearing.
Another defeat for the government
was recorded in a 6 to 3 ruling that
the Elgin, Joliet, and Eastern Railway
Company had not violated the Inter-
state Commerce Act by carrying prod-
ucts of other United States Steel sub-
sidiaries.
Forecasts War
That Will Raze
Coastal Towns
Babson, In Graduation
Address, Advises Trend
To Interior States
CONWAY, Ark., May 25.-()-
Roger W. Babson, envisioning another
World War before 1950 which might
bring destruction to the great sea-
board cities, advised college graduates
today to plan their futures in interior
lAmerica.
The Massachusetts economist and
statistician said in an address pre-
pared for delivery before joint com-
mencement exercises of Hendrix and
Arkansas State Teachers Colleges:
"Frankly, I believe that you are to
see very perilous times."
"There will be no European war
this year, or perhaps for several
years; but only a spiritual awakening
can prevent another great World
War before 1950, into which the Unit-
ed States will necessarily be drawn,"
e he said. "In this coming world con-
0 flict I should not be surprised to see
h destruction of the great cities on our
s Atlantic and Pacific seacoasts ... "
n Babson spoke on "Lessons I have
Learned from Hard Knocks." His
- advise to the graduates included:
- "Remain in the State of Arkansas.
- Do not go to any seaboard city,
a whether it is located on the Atlantic
or Pacific coast.Keen fairly well in
Now Colored Patterns, Senior
Divisions Feature '36 'Ensian
A silver and blue color scheme on
both the cover and the inside pages
is one of the outstanding changes
that feature the 1936 Michiganensian,
which comes out today.
Another of these changes made in
the 'Ensian is the division of the sen-
ior classes of all the schools into sep-
arate sections in the yearbook. In
former years the seniors of all the
different schools on thecampus have
been placed together, according to
Frank Dannemiller, '37, newly-ap-
pointed editor of the 'Ensian.
Under the new arrangement, sen-
iors of any one particular school are
grouped together. This is expected
to appeal to the senior students, for
by pages of pictures, photos of the
crowds in attendance at. various
events being plentiful.
The book is also replete with mod-
ernistic drawings. Frontispieces be-
fore the many departments are all
drawn in the latter style. The pho-
tography is excellent, bearing mute
testimony to the work of Walter Crow,
'37.
This year's 'Ensian is the largest in
recent years and contains 450 pages.
Not since 1931 has such a large book
been turned out.
Each of the fraternities and soroi-
ties and other campus organizations
have pages devoted to pictures and
epla1nations oif their acti vitiens.