Partly cloudy today and to-
morrow, continued cool.
Another Blow To Labor ...
Ho Hummm ...
VOL. XLVI No. 176
ANN ARBOR, MICHIGAN, WEDNESDAY, JUNE 3, 1936
PRICE 5 CENTS
13 Are Held
State And Wayne County
Join Forces To Speed
Dickstein Charges Army
Officer Leader; Urges
DETROIT, June 2.- (!m) - Pressing
the drive to bring into the open de-
tails of the night shrouded terrorism
of the Black Legion, state and county
joined today in asking that 13 mem-
bers of the hooded band be held for
trial here on murder charges while
new demands were made in Wash-
ington for Federal assistance in root-
ing out the organization.
William Green, president of the
American Federation of Labor, told
Attorney General Cummings that the
Union had evidence pointing to co-
operation between the Black Legion
and "labor spies," and asked that the
Department of Justice enter the in-
Hint Political Connection
At the same time, Rep. Dickstein
(Dem., N.Y.) told the house, in urging
adoption of his resolution for a con-
gressional investigation of the secret
society, that he had information an
army reserve captain was training
Black Legion members.
Representative Sadowski, Detroit
Democrat, charged the Black Legion
with "affiliation with certain county
Republican politicians," and said the
public had lost confidence in police
departments because of a belief some
officers belonged to the Black Legion.1
Officials of the A.F.L. auto workers
Union here said "from evidence we
have, we cannot tell where the labor
spies begin and the Black Legion
They pointed to the assertion of
Capt. Ira H. Marmon of the state po-
lice, who said he had information that
John L. Beilak, automobile factory
worker who was slain in 1934, had
Members In Fear
The order has been charged with
seeking to enroll most of the guards
at the State Penitentiary, south of
Describing the return of the ex-
ecution party to Detroit after the
shooting of Charles Poole in a little
traveled country road 10 miles from
the center of the city, Harvill testified
that Davis warned its members to
keep quiet "because we've got some
more of these things left."
The quaking fear in which mem-
bers of the Black Legion themselves
held the hooded band was indicated
in a statement attributed by Harvill
to Ervin Lee. Lee, Harvill said, also
fired two or three shots "to one side,"
because he had "lost my nerve,"
The members of the Commence-
ment Band were named yesterday by
Prof. William D. Revelli, conductor
of the University Band. This select
organization has long been a lead-
ing factor in commencement week
The band will play a concert on
the steps of the General Library, Fri-
day evening, June 19, and will par-
ticipate in the commencement proper
the following day.I
The complete list as announced by
Professor Revelli is as follows: Clar-
inets: W. Cramer, J. Deike, H. Fa-
ber, K. Farr, H. Cohodes, R. Hawley,
M. Herman, J. Mosaigo, H. Reiter,
G. Roach, F. Sunstrum, C. Vroman,
Arne Koljonen; Cornets: R. Ashe, D.
Cooper, J. Gribble, E. Jones, W.
Jones, D. Klein. J. Prior, J. Salis-
bury, C. Whitley; Oboes: C. Gilbert,
W. Lichtenwanger; Flutes: J. Krell,
G. Cannon, G. Pope; Bassoon: A.
Miller; Trombones: R. Anthony, W.
Findley, E. Kenaga, W. Koster, D.
Russel; Baritones: H. Hathaway, B.
Root; French Horns: R. Anthony, W.
Parkinson, R. Stevens, R. Ward, J.
White; Tubas: G. Crook, G. Heibein,
L. Morse; Drums: J. Hays, F. House,
W. Wheeler, W. White; Saxophones:
H. Greene, L. Lipsett, G. Wheeler;
Q~aff a NfTn, T ifmcz. r 1(Tan
Off With $50,00
NEW YORK, June 2.-(/P)-Fleeing
from a $50,000 holdup, the driver of
a bandit car was stopped by a mo-
torcycle policeman today and hand-
ed a summons for making an im-
proper turn in traffic.
The policeman, unaware that the
machine had figured in a daring rob-
bery less than five minutes before
and that its two occupants probably
were armed, reprimanded the driver
for allowing his operator's license to
lapse, gave him a summons, and rode
Authorities feared that the name
taken from the driver's license by the
patrolman would prove to be ficti-
tious. The automobile was found.
abandoned a few blocks away.
The victims of the holdup were
Theodore Frank, assistant manager
of the National Safety Bank and
Trust Company, and Arthur Triver,
En route to another branch of the
bank to deliver the money, their car
was halted by a traffic light at a con-
gested intersection in the Bronx.
A large black sedan pulled up
alongside and three men stepped out,
leaving a fourth at the wheel. One
of them stepped on the running
board and pointed a pistol at the two
bank employes while another reached
in and took the package of bills.
To Give Speech
G.O.P. Selects Fletcher To
Extend Invitation To Ex-
CLEVELAND, June 2.-(P)-The
Republican National Committee will
invite Herbert Hoover to address the
party convention here next week.
The committee on arrangements
decided late today that Chairman
Henry P. Fletcher should extend the
invitation. He said he would do so
and would telephone the former
President to learn what day Mr.
Hoover would attend.
Fletcher said that in his previous
telegram Mr. Hoover had simply said
that he would try to be in Cleveland
on the second day of the convention
"We decided that the matter lay
within the duties of the committee
on arrangements," the chairman said.
"That committee is making all the
arrangements for music. Why should
it not invite speakers?"
Whether it will invite the other
speakers has not been decided. A
little earlier, Fletcher had said that
if Mr. Hoover were invited to speak,
it probably would be done by the
permanent chairman of the conven-
tion while the meeting was waiting
for the resolutions committee to
finish drafting the platform.
At the same time, Fletcher can-
celled plans for using the Cleveland
stadium for a notification ceremony
immediately after the convention. He
indicated that the candidates for the
nomination had expressed a desire
to hold the traditional notification
ceremonies several weeks after the
"We had thought that if the can-
didates wanted the notification cere-
mony held immediately in a big show
after the convention, we would give
it to them," he said.
"But if, after the nomination, it is
found that the candidate does want
such a notification ceremony, it
would be up to the new national
committee to arrange it."
Asserts Authority Lacking;
Court Entered Territory
By TUURE TENANDER
A "regrettable" decisionuwas ar-
rived at by the Supreme Court in its
nullification of the New York State
minimum wage law for women Mon-
day, Dean Henry M. Bates of the
Law School said yesterday.
Dean Bates feels that the court
stepped, perhaps unconsciously, into
the legislative field, both in this de-
cision and in the one pertaining to
the Adkins case, which was cited
by the Court on Monday.
"Many people, including some econ-
omists, feel that the establishment
of a minimum wage law would not
benefit labor," Dean Bates said, "but
whether the law is wise or not is no
matter for the courts to decide. The
coulrts should decide only whether
any legislative, com.munity, state or
national, has the power under the
Federal Constitution to enact the par-
ticular legislation under question."
The decision on the wage law ques-
tion was based largely on the "due
process" clause, the court deciding
that the law impaired the right of
"freedom of contract." In the opin-
ion of Dean Bates, this question of
impairing the "freedom of contract"
is a difficult one to decide.
It L; a question also of social wel-
fare whether certain contracts should
be permitted or forbidden, declared
Dean Bates. "For instance," he add-
ed. "definite restrictions have been
placed on the formation of gambling
contracts, yet these have not been de-
According to the Dean, the drafters
BIRMINGHAM, Ala., June 2. -- ()
-Three company deputies fell wound-
ed today in an ambuscade marking
the third outbreak of gunplay in Ala-
bama's strike-locked iron mining dis-
The shooting brought to eight the
number of men wounded since the
start of the strike last Sunday. Nne
of the victims was hurt seriously.
Meanwhile a federal conciliator
forecast settlement "within two or
three weeks of the walkout caused by
a shift from an hourly wage to a ton-
nage pay base for miners.
The Tennessee Coal, Iron and Rail-
road Company, a subsidiary of the
United States Steel Corporation, made
no effort to operate the mines.
The closed shafts supply ore for the
big steel mills of the Birmingham
area. More than 2,000 jobs are af-
fected by the shutdown.
A. E. Horn, district president of
the International Union of Mine, Steel
and Smelter workers, said he notified
all union members there must be no
violence and no mass picketing.
John L. Perry, president of the Ten-
nessee Company, said the manage-
ment believed a majority of the idle
miners were willing to try the "incen-
tive" pay plan inaugurated by the
The wounded deputies, W. L. Roy,
John Bridges and L W. MReynolds,
were quoted by Chief Deputy Sheriff
W. T. Kemp as saying they were fired
on from ambush while driving along a
road near Muscoda Mine on a "rou-
tine inspection tour." They returned
Three miners and two company of-
ficers were shot in two gun battles
of this law, which was passed in
1933, tried to avoid the constitutional
difficulties encountered by the min-
imum wage la wof the District of
Columbia, which was nullified by the
Supreme Court in 1923, in the case
of Adkins vs. Children's Hospital.
The present New York law contains
provisions for the establishment of
a commission to study wage scales
and to determine what wage level
should be established in order to in-
sure a decent standard of living, the
Dean said. However, Dean Bates
continued, the court ruled again this
provision, maintaining that the de-
termination of a decent standard of
living cannot be done accurately.
The New York law provided for the
(Continued on Page 21
R.O.T.iC. Awards 1
To Hold Final Ceremony'
And Honor Awards At
Ferry Field Tomorrw
Captain R. R. Coursey, adjutant,
yesterday announced the following1
R.O.T.C. awards for the second se-
mester, which are to be presented
at the final ceremony of the school
year at 5 p.m. Thursday, June 4, at
The Captain of the Best Drilled
Company Award-a gold medal-was
given to E. D. Howell, '36E, of Com-
pany E. Members of the best drilled
company were presented with service .
A silver medal was awarded to .D.
E. Basler, '38E, corporal of the best
drilled squad-the second squad of
Company K. The members of the
best drilled squad: D. E. Beals, '38,l
A. T. Hebbard, '39Spec., C. E. Proud-
foot, F. M. Emens, '39E, H. T. Kepple-c
man, '38E and R. S. Royce, '39E were
awarded bronze medals.l
The best drilled freshmen, who also
each received bronze medals, fromt
Companies A to M respectively were:
R. L. Freeman, C. M. Guillermety, R.
M. McAuliffe, R. N. Smith, A. J.
Rhodehamel, C. F. Wright, F. F. Bach-
man, C. D. Probst, R. S. Royce, B. W.
Root, L. A. Hopkins, Jr., and H. T.
Goff Smith, '38E, won the Marks-
manship Gold Medal by his high
score on the rifle team. Other mem-
bers, C. A. Framburg, Jr., '36, John
Alden, '38. Robert Beuhler, '37E, E. H.
William, '37E, H. G. Dunks, '38E, J.
H. Beyer, '36E, R. W. Fox, '39E, H. L.
Keeler, '36E, and J. Althause, '39E of
the rifle squad will receive gold keys.
The two highest awards, student
colonel and lieutenant colonel, which
are being kept as a surprise, will be
announced this evening.
The public is invited to attend
the ceremony which will be conducted
in full dress regalia and which will
be very colorful.
A group of six professors and 16
seniors and graduate students of the
College of Architecture yesterday af-
ternoon visited the Oakland Housing
Project at Pontiac.
The party, consisting of Professors
Emil Lorch, Wells Bennett, Jean He-
brard, George McConkey, Walter
Marshall, and Frederick O'Dell, and
advanced students in their classes,
was shown around the project by Mr.
Barton P. Jenks, r., young Boston
architect who is in charge of the
project. Mr. Jenks explained the
purposes and features of the work
and took the group on a two-hour
tour of the houses and the commun-
The Oakland Housing Project was
started in January of last year, fol-
lowing a donation of $550,000 from
Sen. James Couzens for an experi-
mental housing project in Oakland
County. To this was added $300,000
of government FERA funds, and
work on the houses was completed
last fall. The purpose of the project
is to experiment with housing for
working men whose wages cannot
support a decent standard of living.
There were 150 houses built, and the
yards for each were landscaped.
Streets, water and electricity sys-
tems, and other community features
were set up, and at present families
ae hing chnen tn nccv the
Dean Bates Terms High Court's
Wage Law Decision Regrettable'
Herring, Dickinson Are
Chosen By Democrats
New Deal Strong
Republican Will Support
Party Until November
DES MOINES, June 2.-(P)-Sen
Lester J. Dickinson, Republican crit-
ic of the New Deal, and Gov. Clyde
L. Herring, its Democratic supporter,
were chosen as their parties' nom-
inees for the Senate in Monday's pri-
mary, returns late today showed.
Dickenson, frequently mentioned
as a "dark horse" possibility for the
Presidential nomination at Cleve-
land next week, outdistanced his
closest rival, former Sen. Smith W.
Brookhart, by a wide margin in the
Republican race. Tabulations from
1,995 of the state's 2,442 precincts
gave him 90,320 votes, or a 4.3 per
cent of the total Brookhart, lately a
New Deal adviser on Russian trade,
received 8,141, the other four Re-
publican candidates trailed.
On the Democratic ballot, Gov.
Clyde L. Herring collected 61,645
votes in 2,047 precincts, to win the
right to run for Dickinson's seat next
fall. Rep. Hubert Utterback, serv-
ing his first term in Congress, polled
The silver-haired Republican, who
served 12 years in the national House
before going to the Senate in 1930,
asserted his victory "indicates the
faith Iowa people have in the Re-
publican party and their allegiance
to sound, fundamental, American
principles." He has been a leading
Senate critic of the national Demo-
Passing over his Presidential as-
pirations, Senator Dickinson added:
"From now until the November elec-
tion I shall dedicate my best efforts
to the cause of the Republican party."
He is expected by his supporters to
receive the votes of Iowa's 22 dele-
gates to the national convention next
week, though the delegation is unin-
structed. The Democratic delega-
tion of 22, likewise is uninstructed.
Plans For Local
Licensing of an Ann Arbor radio
broadcasting station to be operated by
a local group was recommended in a
resolution adopted by the City Council
Monday night and submitted to the
federal communications commission
yesterday. Two other applications for
a local license will also be heard by
the commission when it takes up the
question of an Ann Arbor station.
Harry G. Kipke and John Fetzler
of Benton Harbor are the two ap-
plicants who have already filed their
petitions with the commission. Mr.
Kipke, who made application about
a month ago, is being backed by Lan-
sing radio operators headed by Harold
Gross, he stated last night.
Plans formulated by this latest
group which wishes to set up a broad-
cast station but has not yet filed a
license application call for the forma-
tion of the Ann Arbor Broadcasting
Co. with a $50,000 capital stock issue,
which is now being subscribed.
Jupe Pl uvius Foils
Open A ir Rompers,
The perversity of Ann Arbor wea-
ther was demonstrated yesterday to
the dismay of several thousand base-
ball fans, two score swingout addicts
and the audience of an abbreviated
And added to these various weather
victims was the Ruthven family
which spent eight hours forcibly iso-
lated from the world in their home
on South University Avenue when'
their telephone was put out of order
Lantern Night and the Freshman
Project were both victimized by the
intermittent showers and bursts of
sunlight which characterized the day.
The final result was that the tradi-
tional lanterns gave off their feeble
light while swinging in a damp breeze
before a crowd that was made up of
a preponderance of disappointed sen-
Any number of remarks were made
about the weather yesterday. Most
of them with an air of disgust ex-
pressed'in all of the banal phrases
that go with the most common topic
of conversation. None of them ap-
proached the classic observation cred-
ited to Mark Twain, who said after
suffering through a day like yester-
day, that anyone who didn't like
Michigan weather had only to wait
TRENTON, N. J., June 2.-(IP)-
Opposition to the ouster of Col. H.
Norman Schwarzkopf as state police
superintendent blocked a vote in the
State Senate today on the man
named to .succeed the leading police
investigator in the Lindbergh kidnap
The State police, whose handling
of the Lindbergh investigation was
criticized sharply by Gov. Harold G.
Hoffman, will be without a superin-
tendent after Sunday midnight when
Schwarzkopf's third five-year term
The Governor backed up his criti-
cism of the Lindbergh inquiry by
sending to the senate last night the
appointment of Col. Mark O. Kim-
berling, now principal keeper of the
state prison, as superintendent.
Opposition crystallized immediate-
ly in the senate and forced over until
the next session on June 15 a vote
on confirming Col. Kimberling, who
had charge of the execution fo Bruno
RichardbHauptmann of the Lind-
bergh baby murder.
Sen. Frank Durand, Republican
floor leader who previously had an-
nounced a vote, today, moved ad-
journment. He said later:
"If we had had an executive ses-
sion, he would have been confirmed."
Asked why no executive session was
held, he smilingly replied:
"We decided to delay it awhile."
Maj. Charles H. Schoeffel, deputy
superintnedent, will be in command
after Sunday and until a successor is
Reappointment of Col. Schwarz-
kopf had been urged upon the Gov-
ernor by many organizations and
citizens, including some leading mem-
bers of the Governor's own Republi-
The Senate delay presaged an ac-
tive campaign for votes for and
against confirmation in the next two
weeks. Although administration
leaders had claimed sufficient votes
for confirmation, those senators who
would commit themselves in favor of
it today were three or four fewer than
the required member of eleven.
On Tax Seen,
Long Debate On Revenue
Bill Continues; Early
Session May End
By Monday Night
Sharp Battle Expected On
Income And Corporation
WASHINGTON, June 2. - (P) -
The Senate whisked through all but
three vital divisions of the revised
tax bill today as word was passed
on Capitol Hill that President Roose-
velt might be willing to compromise
on the key measure in order to ex-
pedite congressional adjournment.
The Senate engaged in loud debate
on the measure estimated by its back-
ers to be potential of $829,000,000,
House and Senate leaders began con-
ferring over possibilities of a quick
agreement when the bill goes to con-
ference between the two chambers.
They said their purpose was to
bring adjournment by Saturday or
Will Speed Bill
Just how far, if at all, the Presi-
dent might swing over toward the
Senate bill, which is far removed from
his original tax proposals, remained
The idea prevailed generally that
the Senate measure would be passed
about in its present form and the
Acting Chairman King (Dem.,
Utah), of the finance committee
talked tonight of speeding the bill
to passage tomorrow, in a night ses-
sion if need be, or at least putting
across an agreement for the final
vote no later than Thursday.
Today the Senate skipped over the
sections of the bill on which the ma-
jor skirmish will develop, providing
increased surtaxes on individual in-
comes over $6,000 and an upward
revision of corporation taxes. That
was done to give senators more time
to look them over.
Then, in quick succession, the
chamber tentatively approved com-
mittee amendments to a "windfall
tax on processors who avoided pay-
ment of the old AAA processing taxes
and to provisions for refunds of pro-
cessing taxes on products sold abroad
or to charitable institutions and on
[floor stocks on hand when the AAA
was killed by the Supreme Court.
But it wrangled at length over ex-
cise taxes on imported fish and veg-
etable oils. It agreed to apply an
import tax to perilla oil and to elim-
inate inedible olive oil from the list
of taxed commodities.
Before talk of a compromise spread
at the Capitol, the President's rev-
enue proposals, as embodied in the
bill passed by the House, were sub-
jected to severe condemnation, first
in a majority report by the finance
committee and again when King
opened debate on the floor.
O'Shea Faces Trial
For, Fund Shortage
DETROIT, June 2. -WP) -James
J. O'Shea, former vice-president of
the National Bank of Detroit, went on
trial in United States District Court
today on a misapplication charge in
connection with a $249,000 shortage
in City of Detroit funds.
Government counsel told the jury
of six men and six women that O'Shea
was accused of misapplying $241,000
of municipal funds entrusted to the
Two days after the city fund short-
age was discovered, Harry M. Tyler,
assistant city budget director, killed
himself. The government charges
that Tyler and O'Shea used city funds
for stock market speculation.
Among the jurors were: Mrs. Susie
E. Hoffman, Saline, Mich.; William
Austin, Saline farmer; Mrs. Helen
Howell, Albion .farmer; Gertrude Ea-
ger, Livingston County farm wife;
Marian Hubbard, Pontiac, and Mrs.
Margaret Eakley, who lives on a farm
Men's Council Meeting
Favors Pot, Cap Night
Members of the Men's Council
went on record last night as favoring
the restoration of Pots and Cap
Night, and Thomas Sullivan. '37. was
Constitution, Anti-Alien Leaorue
Campaign Is Organized In State
Religion Must Be Scientific,
Liberal, Says Rev. H. P. Marley
The distribution throughout Mich-I
igan, and particularly in Detroit, of
the literature of the Constitutional
Protective League, an incorporated
organization for the protection of the
rights of Americans, and the combat-
ing of subversive activities, has an-
nounced unofficially the beginning of
a campaign to establish the League in
The Purposes of the League as out-
lined in its constitution are "to up-
hold and defend the constitution of
the United States, the constitutions
of the several states and the govern-
ments thereunder established; and
to assist in establishing and main-
taining the national defense needed
for that purpose; to oppose, expose
and resist internal and external ef-
frm.+ +nf.Prf th mahr riBand the
true to American ideals and free from
To succeed in these ends, the
League is organized on a semi-mili-
tary plan, with state and county
chapters under the control of a na-
tional council. Head of the na-
tional council, and director of the
entire organization's activities is
Lieut. James E. Campbell, who is
also chairman of the Subversive Ac-
tivities Committee of the Reserve Of-
ficers Association of the United
States. The by-laws of the national
organization are not announced in
the literature now being distributed,
but the charter and by-laws for the
county organizations are carefully
defined, making it clear that both
the county and state divisions are
under the final and absolute control
EDITOR'S NOTE: This is the fourth'
of a series of interviews with Ann Arbor
ministers on the subject of student
Religion today must adjust itself
and become scientific and look upon
science as its best friend instead of
its worst enemy, said the Rev. H. P.
Marley, minister of the Unitarian
Church, in a recent interview.
Mr. Marley pointed out that today
religion must start out with observ-
able data, for unless it does, he stated.
there can be no religion for the sci-
entific. Mr. Marley showed how the
Unitarian Church here in Ann Arbor
is trying to do that by accepting a
liberal and scientific outlook on re-
ligion through its services and in
many other ways. Mr. Marley assert-
ed that he didn't believe in taking
Godu nn faith unless He can be dem-
'people have faith in the church help-
ing them, he pointed out, although
most of them do not attend church
Mr. Marley told how the Unitarian
Church is making the effort to be
a fellowship of faculty and students
who will regard religion in a liberal
light. His church has provided a
place where all groups of students
may meet, be they communists or
any kind of radicals. The Unitarian
Church, Mr. Marley said, feels a kin-
ship for all minority groups. It was
the first church in Ann Arbor to
open its doors to the unemployed, he
When asked about the Black Le-
gion, Mr. Marley stated that the or-
ganization of it was due to this age
of social change. He showed how it