The e at he r Fair and warmer today; to-, morrow generally fair, con- tinued 'warm. q ---4r 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.