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Editorials
Snow and colder today; strong
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Values From
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VOL. XLVII No. 51 ANN ARBOR, MICHIGAN WEDNESDAY, NOV. 25, 1936
PRICE FIVE CENTS
A.F.L. Decides
To Withstand
Dictatorships;
Session Ended
Federation Says Dictators
Wiped Out Liberties
Of TheWorkingman
Lewis Revolt Issue
FinallyDismissed
Green Replies To Trotter,
That Local Rebel Unions
Need Not BeExpelled
TAMPA, Fla., Nov. 24.-()-The
American Federation of Labor today
termed communism, fascism and
nazism, "a definite threat to human
liberty and to peace" and voted to'
fight the spread of these doctrines
with all its strength.I
Drawing to a close after disposing
of the John L. Lewis revolt issue,
the Federation's 56th annual conven-
tion declared European dictatorships
had wiped out the workingman's lib-
erties and aimed "by force and blood-
shed" to subjugate "all those with-
in the nation who may differ."
"The world has witnessed the po-
litical assassinations and the so-
called judicial verdicts by which
those in opposition are done away
with," the convention's resolutions
asserted.
Points To Russia
"Where communism is in control,
differences of political opinion and
opposition to the administration are
not tolerated. Only recently out-
standing leaders in the bolshevik
revolution were charged with treason
for doing what is every American's
right.{
"They were found guilty and exe-
cuted as a warning to others that
there can be but one political party
under a dictatorship and opposition
to it means death."'
The Lewis issue cropped out only
once-when W. R. Trotter, of the
Typographical Union, asked Presi-
dent William Green whether the A.
F. of L. would order state federa-,
ions and city central bodies to expel
local rebel unions.
Such a move, he said, would be
logical after the convention voted to
continue indefinitely the suspension.
of the ten rebel unions Lewis leads.
Green Wants Peace
Green replied that the A. F. of L.
still wanted to make peace and that
a previous order to central bodies to
keep rebel members remained in ef-1
fect.
Charles P. Howard, the printers'
president and secretary of Lewis'
rebel committee, said in an interview
the federation's leaders were "lead-
ing the A. F. of L. to destruction"
when they voted for continued sus-
pension.
The federation's executive council,
he added, 'had obtained "dictatorial
power" which could "destroy what
was left of the organization." '
Labor representation on all fed- I
eral, state and local boards ad-
ministering labor laws was called
for in the first of a long list of reso-
lutions approved.
Henson Denies
4R - hi..A
Mr. Dooley Wrong; Court Ruling
Unchanged ByNov. 3, Says Bates
n '
Dean Of Law School States
Decision Not Indicative
Of FutureRulings
By RICHARD G. HERSHEY
Despite the fact that the Supreme
Court upheld the New York Unem-
ployment Insurance Act by its 4-4
decision, it does not prove the old
saying attributed to 'Mr. Dooley,'
Dean Henry M. Bates of the Law
School stated in an interview yester-
day.
It was Mr. Dooley, a newspaper col-
umnist's fictional character, who
said: "The Supreme Court generally
follows the election returns."
Commenting on the even decision
itself, Dean Bates said he was glad
personally that the act was sustained
by the highest court, and that at
most it was only a slight indication
of what the court might decide con-
cerning the Federal Social Security
Act.
Refers To Home
However, in further commenting
upon whether the court does follow
the election returns, Dean Bates said
that the doctrine the court tried to
follow was perhaps best stated by
Justice Oliver Wendell Holmes in a
decision on an Oklahoma bank law
setting up a guaranty fund. Justice
Holmes wrote, in the majority opin-
ion of the court, that the court should
not invalidate where possible "what-
Henson Shows
Hitler' s Reign
Is Almost Over
Anticipates Many Groups
Will Lead In Rebuilding
Upon Ashes Of Reich
Active underground Social Demo-
crat, Catholic Centrist, and Commu-
nist organizations will undoubtedly
lead the building of a new Germany
upon the ashes of National Socialism,
in the opinion of Francis A. Henson,
prominent anti-Nazi who spoke here
yesterday.
Although these secret "cells" or-
ganized on a pyramid basis are not
strong enough to overthrow Naziism,
there is no doubt, Mr. Henson said,
that when popular opposition to Nazi-
ism begins to arise as the result of a
major crisis these cells will be the
rallying points.
That major crisis would have to be
at least an unsuccessful war or pro-
longed depression, he added.
In 1934, Mr. Henson spent two
months in Germany on a fake pass-
port, under an assumed name con-
tacting the underground movement.
Last summer he was a member of an
international committee in Germany
which investigated the Berlin "back-
streets," the sights unseen by casual
observers at the Olympic games.
They are organized on a basis of
five members per cell, each of whom
heads another cell of five members
who are known only to himself. Thus
each members knows the names of
at the most eight others.
"They carry on under almost inde-
scribable difficulties," he declared.
"Telephones, messengers and large
meetings cannot be used."
Mr. Henson pointed out that most
of their propagandizing is done by
distributing ingeniously designed
pamphlets and photographs which do
not disclose their identity until care-
fully examined.
ever preponderant public opinion de-
mands."
"The method by which the court
arrives at its decisions in these out-
standing cases where the act is of
doubtful constitutionality isddifficult
for the layman to understand," Dean
Bates pointed out, "for there is no
clear cut method of determining con-
stitutionality. The validation or in-
validation of an act is arrived at by
the judges through their different
thought processes."
May Resign
To elucidatefurther, Dean Bates
added that except in those cases
where an act was clearly outside the
constitution, the court looks to see
if theiact is predominantly good in
its effect on the public welfare or if
it wreaks a positive harm. In this
examination of the effects or benefits
of the act public opinion has a great
effect, he said.
Thus in the recent minimum wage
decisions, there was some doubt as to
whether the New York law had a pre-
dominantly good effect or not. As
Leo T. Wallman, a noted labor lead-
er, pointed out the minimum wage
law might also cause unemployment
and bankruptcy of many small busi-
nesses who could not pay the wage,
Dean Bates explained. The court, in
this case, must have decided the law
did more harm than good and there-
fore declared it unconstitutional, un-
der the due process clause.
In many cases, like that of the
NRA, Dean Bates said, there is little
doubt as to the constitutionality of
the law because it clearly is not in
accordance with the fundamental
'law. Here public opinion has little
influence.
Bates Elucidates
"It is also true Dean Bates said
that the court presumes the constitu-
tionality of a law until it is proved
unconstitutional beyond a reasonable
doubt, for the court is not overly
anxious to invalidate an act of one of
a coordinate branche of government-
Congress
Dean Bates stated that he thought
the Social Security decision handed
down Monday probably did represent
a change in the court's attitude, but
not a change necessarilty the result
of an election For the entire history
of the court shows changes of atti-
tudes on philosophies of government
and in regard to specific acts, he con-
cluded
'twenty Feared
Dead In Crash
On Chicaoo L'
CHICAGO, Nov. 24.-UP)-A Chi-
cago, North Shore and Milwaukee
train hurtled into a motionless Loyola
express at a north side elevated sta-
tion tonight, telescoping the wooden
rear car of the express and strewing
its passengers along the aisle and
tracks.
Reports to the coroner's office said
at least 10 passengers were fatally
injured. At least 70 elevated riders
were taken to three hospitals near'
the station, Granville.
Witnesses said the North Shore
train, which uses the elevated span
in the city as it plys between Chicago
and Milwaukee, smashed into the ex-
press.
Summerdale police, in whose dis-
trict the wreck occurred, said they
had reports of "anywhere from four
Ito 20 dead."
Nobel Peace
Prizes Given
For '35,'3
Von Ossietzky, Nazi Foe
And Lamas, Argentine
Diplomat, Honored
No Special Reasons
Given For Awards
Nazis Consider Award To
'Traitor' A Challenge,
Insult To Germany
OSLO, Norway, Nov. 24.-(P)-A
committee of the Norwegian parlia-
ment today awarded the Nobel Peace
Prizes for 1935 and 1936 to Carl von
Ossietzky, German pacifist, and Car-
los Saavedra Lamas, foreign minister'
of Argentina.
Von Ossietzky, long in disfavor with
the German government and only re-
cently released from Nazi custody,
was given the - prize for 1935. It
carries a cash value of $39,303.
Saavedra Lamas, recent president'
of the assembly of the League of Na-
tions and who will preside at the
forthconing Inter-American Peace
Conference at Buenos Aires, received
the 1936 award of $39,286.
No Reason Given
The committee of the Storting-
Norwegian parliament-which made
the selections, gave no specific rea-
sons for the award in either case.
The award in behalf of peace was
the last of five to be made this year
from the prize fund created by Alfred
Nobel, Swedish chemist and muni-
tions maker, who used his vast for-
tune to set up the prizes.
The other four awards were con-
ferred by Swedish institutions for lit-
erature, physics, chemistry and med-
icine.
BERLIN, Nov. 24.--(P)-The Nazi
government termed award of the 1935
Nobel Peace Prize to Carl von Os-
sietzky, German pacifist just released
from custody, a "challenge and an
insult" in an official statement to-
night. =
The biting expression of Nazi irri-
tation asserted that "with Ossietzky
the Nobel Peace Prize fell for the first
time on one who was sentenced by
the highest courts of his country as
a traitor."
Answer To Follow
The statement promised a further
"direct reply" of a nature not re-
vealed.
It was distributed as a commentary
on an Oslo item by the German news
agency briefly announcing the award.
"Bestowing the Nobel Prize on a
notorious traitor," the statement con-
tinued, "is an impudent challenge
and insult to the new Germany.
"A proper, direct answer will fol-
low."
(Announcement of the .award with
that for 1936 to foreign minister Car-
los Saavedra Lamas of the Argentine
at Oslo, Norway, today caused Ger-
man Minister Salm to assert it "will
create the embitterment of Ger-
many."
A committee of the Norwegia'
parliament selected the prize-winners
after two of its members-Dr. Halv-
dan Koht, foreign minister, and Dr.
Johan L. Mowinckel, former liberal
premier and leader of the opposition
-resigned to avoid any opportunity
of Germany's holding the Norwegian
government responsible.
"All leading circles," Dr. Salm said,
"will consider it a demonstration
against the third reich."
Although visitors to the huge west
end hospital in Berlin, where Ossiet-
zky was taken after his release from
custody, received a courteous wel-
come, they were firmly discouraged
from seeing the pacifist.
Dorms Hear Band
'Swing' A fer Show
At Local Theatre
Out in the swirling snow of State
Street last night, late theatre-goers
picked up chilled ears, heard the
strains of Victors. squinted their eyes,
and saw the Michigan Band. 60
strong, as if heralding old man Win-
ter, himself, march past amid the
falling flakes.
With snow-covered streets forming
their back-drop instead of Michigan
stadium, and with the gathering
crowd of late-goers as their audience
instead of a mob of football enthus-
iasts. the University Band literally
went to town and to a show.
The occasion was the annual band
Great Britain
Sends U Boats
Towards Spain
England Backs Age-Long
Right To Sail The Seven
Seas Unhindered
Destroyer Is Ready
To SailThursday
France Will Not Tolerate
Interference With Its
Ships ByBelligerents
LONDON, Nov. 24.-(P)--Great
Britain, backing up her age-long
right to sail the seven seas unhind-
ered, tonight sent submarines to
Spain with a destroyer flotilla ready
to sail Thursday.
The admiralty announced the de-
pot ship cyclops and eight submar-'
ines already were enroute from Malta
to the war-torn Spanish peninsula to
add show of force to verbal warn-
ings Britain would tolerate no in-
terference with her shipping.
The cyclops and her brood of un-
derseas craft, the admiralty an-
nounced, would relieve the destroyer
depot ship Woolwich at Alicante, but
declared it "unlikely" the British
vessels would proceed within the
three-mile Spanish territorial limits.
The destroyer flotilla will relieve
vessels now stationed in various
Spanish ports. The cruiser Galatea
will replace the cruiser Arethusa at
Mallorca.
There were unconfirmed reports
from Malta that the battleship Bar-
ham was getting up steam to put out
for Spain.
The British fleet movements were
announced but a short time after in-
formed sources said the Spanish in-
surgents in an official message guar-
anteed safe anchorage to neutral
shipping in many Spanish ports, but
omitted Barcelona, which Gen. Fran-
cisco Franco has threatened to de-
stroy. -
PARIS, Nov. 24.-(P)- France,
joining Great Britain, declared to-
night she would tolerate no inter-
ference with French ships by either
Spanish belligerent on the high seas.
An official statement said "inside
the three-mile limit French merchant
ships will submit to the control of
local authorities under the inter-
national law. But beyond that zone
the French government will permit
no halting, visiting or seizure by eith-
er of the two Spanish fleets, having
recognized neither party as a bel-
ligerent."
France, while expressing her de-
termination to protect her shipping
in Spanish waters, will warn mer-
chantmen to conduct themselves
"with extreme caution" officials said.
Kappa rTait Al pim
Will Meet Moniday
Kappa Tau Alpha, honorary jour-
nalism fraternity, will hold its first
meeting of the year next Monday,
Nov. 30 at 4:15 p.m. in Room 213
Haven Hall, officers of the organiza-_
tion announced yesterday.
While several matters of organiza-
tion for the year will be taken up,
the main business will be the elec-
tion of new members.
BULLETIN
DUBLIN, Nov. 25.-(Wednes-
day) -(.)-Col. Charles A. Lind-
tbrghs long absence, on a pro-
jected flight from Ireland to Eng-
land, caused official Irish fears
for his safety early today.
Frank Aikes, Irish minister of
kdcfense, expressed concern for
the safety of"th American flier,
but at the same time voiced an
cpinion Lindbergh might have
landed at an English airport.
Lindbergh was en route from
Ireland to his country residence
in England.
An earlier report he had land-
cd at Newtownards in Northern
Ircland could not be confirmed.
Council Grants
Reprieve To'39
Till Springtime
Pots are here to stay, at least until.
next spring, because the Fall Gamest
have been postponed from Dec 5f
until April or May as the result of1
some objections from the sophomores
class, Miller Sherwood, '37, president(
of the Men's Council, said yesterday.
Socially minded men of the classt
of '39 objected to the games beingr
held a week from this Saturday be-t
cause this would prevent them on
Saturday afternoon from attendingt
the Sophomore Cabaret, an annualt
party put on by the women of thek
sophomore class. The objectors also
declared in their plea for postpone-s
ment that the present weather would
be unsuited for the games, Sherwoodt
said.
Weather Unsuitable
Sophomore objections also statedf
that if the games were to be on Dec.
5, Black Friday would come on the
previous night, and this they said
would necessitate wearing old clothes
or hiding in ones closet, both of
which would be painfully inexpedient1
because there are going to be quite
a few dances on that night, in ad-
dition to the Sophomore Cabaret.-
With the meteorlogical and social
objections advanced by the sopho-
mores on one hand, and the inevit-
able howl that will rise from the
ranks of the frosh on the other
hand, the council decided for post-
ponment. The decision was reached1
with some reluctance, according to+
Sherwood, because plans were al-
ready underway for the various
events and this action means that;
they will all be held off for five or sixi
months.
j Cap Night Postponed
If the games had been held, and
the freshmen had won them, and
they usually do win them, a cap
night would have been held and the
frosh would have danced around a
bon-fire into which they discarded
their pots. The committee on Fall
Games on the Council had planned
on having a torch light parade down
State Street to South Ferry Field
where the bonfire and accompanying
ceremony would be held.
"All of this can be done next
spring," Sherwood said, "and in ad-
dition we can have the band lead
the parade, which is something that
couldn't have been done next week,
because the weather is too cold for
them to expose their instruments."
SANTA CLAUS IS FATAL
BATTLE CREEK, Nov. 24.-(I)-
Overexertion and excitement caused
the death of Mrs. Alice E. Russell,
64, while watching a Santa Claus
parade,
M.S.C. Seeks
Permit To Sell
Bonds To Buy
Dorm itories
Growth Of State College
And Housing Shortage,
Makes Dorms Necessary
Must First Obtain
Legislative Permit
East Lansing Officials To
Retire Bonds In Future
With Dorm Earnings
By IRVING S. SILVERMAN
EAST LANSING, Nov. 24.-(Spe-
cial to The Daily)-Skeptical of ob-
taining an outright grant of money
for dormitories from the State Legis-
lature, Michigan State College has in-
cluded in its budget the request for an
enabling act which would permit the
college to issue bonds in the name of
the State and pay off the indebted-
ness thus incurred through the opera-
tion of the dormitories.
President Robert S. Shaw, John Al-
fred Hannah, secretary of the Board
of Agriculture and in charge of the
buildings and grounds department
at the college, and Prof. F. T. Mit-
chell, in charge of students' activities,
all stressed in interviews yesterday
the need for dormitories at Michigan
State College. The college is asking
the Legislature for an increased ap-
propriation in view of its increased
enrollment, with the dormitory issue
emphasized as one of the greatest
needs of the college.
Permission Necessary
It was indicated that the State
Board of Agriculture had no right to
borrow money for the construction of
dormitories so that it is necessary to
obtain the permission of the Legisla-
ture, which will convene Jan. 1, to
issue bonds. All stressed, however,
the primary need for buildings for
instructional purposes, and Mr. Han-
nah added that if Michigan State had
to choose between buildings for in-
structional purposes and dormitories,
the former would be given priority
rating.
Has One Dormitory
Having a total enrollment of 4,600
students-3,100 men and 1,500 wom-
en-Michigan State College possesses
one men's dormitory housing 202
freshmen and several women's dormi-
tories-the women being better pro-
vided for than the men as at the Uni-
versity. The population of East Lan-
sing is 4,200, so that, as President
Shaw pointed out, theschool has out-
grown the town and must provide fa-
cilities for men's housing on the cam-
pus.
About 30 years ago Michigan State
lost two dormitories by fire. The Leg-
islature, seeing the students in dis-
tress upon losing their places of resi-
dence as well as all their personal
possessions, granted $65,000 for the
construction of Wells Hall which at
present is the only men's dormitory.
At that time, Mr. Hannah pointed
out, such a sum was adequate, where-
(Continued on Page 2)
Squad Chooses Patanelli
'Most Valuable Player'
Matt Patanelli, captain of the 1936
Michigan football team, was selected
last night by his teammates as the
most valuable player on the squad
this year, according to Arch Ward of
he Chicago Tribune.
This selection is made every year
by the members of each of Big Ten
football team, and the results given
to Mr. Ward, sports editor of the
Tribune. Later on, the Tribune will
choose the most valuable player of
the Big Ten from those submitted
by each squad.
Harry Newman, All-American back,
was the last Michigan player to be
awarded this honor. He was selected
as the Big Ten's most valuable player
in 1932.
Against Davis Dr. Sarga Keeps Honor Intact
"It is very odd that Dr. Jerome As Score Is 2 Down, 7 To Go
Six Barrels Of Dirt, Rock,
Form 'Graveyard' For Play
Davis was on the Yale staff for about
13 years before they found out that
he was a 'red'," Francis A. Henson,
who has known the dismissed Yale
professor for 10 years, said last!
night after his speech in the Natural I
Science auditorium.{
"But all such charges are rid-
iculous," Mr. Henson pointed out.
"Dr. Davis has been a registered Re-
publican in Connecticut for many
year and has never joined the So-
cialist or any other radical party."
Dr. Davis was informed in the
spring of 1936 that his appointment
would not be renewed. He was as-
sociate professor of practical phil-
anthropy in the Yale divinity school.
Mr. Henson was co-author with
Dr. Davis in 1932 of "The New Rus-
sia, Between the First ind Second
Five Year Plans" and in the sum-
mer of 1933 the collaborated in tak-
ing a group of journalists across the
country to study the effects of thel
BUDAPEST, Nov. 24.-()-Hon-
or-loving Dr. Franz Sarga shot one
of his nine challenged adversaries in
the arm today, embraced a. second
opponent after both had missed, and
ran home aquiver with triumph to
tell his wife the score stood two down
and seven to go.
Broke, Dr. Sarga borrowed $10 to
rent the 14-inch erratic dueling pis-
tols used in the encounters because
neither of his opponents was strong
enough to make passes with the
eight-pound cavalry sabers original-
ly selected.
,But on the morrow, exulted Dr.
Sarga, he would set hand to saber
and whittle the ranks of the other
seven men he charges made so bold
as to insinuate he married his heir-
ess-wife for her money.C
Sarga and Aladar Hozmat, a bank
manager, strode to their positions,
fired at a distance of 15 paces.'
Both shots missed andnthe men
stood shifting their feet in an em-
barrassed silence for a few minutes.
Then they darted toward each
other with little cries and embraced.
The honor of the Sarga family had
been defended successfully in the
first match.
Then out marched Alexander Ko-
vacs, a bank employe, challenger
number two.
The same rigamorole was gone
through except that this time Sar-s
ga's shot found its mark. With a
grunt and a groan Kovacs clapped
his free hand to his pistol arm,
nicked by Sarga's bullet.
His injury was not believed to be
serious but the wounded man left
for suburban St. John's hospital.
Mme. Sarga, an expectant mother,
wept copiously, as her spouse held
her in his pistol arm and announced
By ELSIE ROXBOROUGH
There'll be no doubt about the dead
being buried tonight at the Lydia
Mendelssohn Theatre if six barrels
of Michigan's clay-dirt and rocks will
do the trick.
' For six barrels of dirt and rocks
will be the resting place of six
"corpses" when they are dumped into
the orchestra pit of the Lydia Men-
delssohn in Irwin Shaw's now famous
"Bury the Dead," a Play Production
presentation which opens there at
8:30 p.m. today for a four-day run.
The play is directed by Valentine
B. Wendt, Play Production head. Ad-
mission will be 50 cents for all seats.
Oren Parker, '34, the twenty-four-
year-old art director of the depart-
ment explained the intricate scenic
design as he viewed the finished prod-
uct of his work in the darkened the-
atre at the dress rehearsal last night.
At tha 4--.. 4 r, an + -1ha c.+nrra r.inacran ii,
eral books and finally to the R.O.T.C.
department.
The construction is unique, and
rather reminiscent of the European
theatre, in that the scenery has
been built down over the orchestra
pit doing away with any definite line
between the stage and the auditorium.
Where the New York production
employed but one elevated level, Mr.
Parker has used three platforms. The
actors, therefore, will work upon three
intermediate levels which serve not
only as the quarters of war but places
for subsequent scenes as well. Pin
spotlights are used to catch the faces
of the characters, while all appear-
ance of scenery is obliterated into a
black background. The execution was
made most difficult by the necessity
of beginning the play realistically and
then lapsing into expressionism wher
the corpses arose. One of the very
realistic effects was the making of a
big fat rat which the soldiers kill and
threaten to eat in the beginning of
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Snow Tests Endurance
Of Michigamua Initiates
"Him heap cold."
Those were the! thoughts gasped
out between bouncing teeth by Mich-
igamua's new palefaces, Fred Warner
Neal, associate editor of The Daily,
and Gus Collatz, president of Tau
Beta Pi, senior engineering society,
last night while waiting by the Tap-
pan Oak for the Fighting Braves of
the Tribe to come and fetch them to
the council chamber.
From 10 until 11:30 p.m. the two
huddled around the tree, praying for