The Weather,
Increasing cold with fresh
winds.

iE4r

A6F A6F
t
Aqwp, w 4


matAwlj

Editorials
General Motors Vs.
Organized Labor ...

I

VOL. XLVII No. 73 ANN ARBOR, MICHIGAN, THURSDAY, Jan. 7, 1937

PRICE FIVE CENTS

G.M. Officials
Ask Workers
To Quit Plants
Before Truce
Union Rejects Provision,
Fearing That Machinery
Would Be Removed
Dewey Seeks Talk
With W. S. Knudsen
DETROIT, Jan. 6-Highly author-
itative sources said tonight only one
obstacle remained to prevent open-
ing of negotiations between General
Motors Corporation and the United
Automobile Workers of America to
settle strikes that have left some
50,000 employes of the corporation
without work.
The one point remaining to be
settled, these sources said, concerned
evacuation of General Motors plants
by "sit-down" strikers.
Corporation executives have insist-
ed that the men leave the buildings
before any negotiations are started.
Union Objects
The union was represented as ob-
jecting to this provision without a
guarantee from General Motors that
no attempt would be made, after the
men left, to remove dies or other
machinery and equipment from the
plants for possible use elsewhere.
It was learned reliably that the
U.A.W.A. told federal conciliators it
would accept the two other points of,
three understood to have been laid1
down by General Motors.
These were that the corporationI
would not attempt to operate the
strike-closed plants during negotia-
tions and that General Motors agreedl
to deal with the union as represent-
ing its members employed by the
company ,but not as representing allt
employes of General Motors. 1
Seeks Conference
James F. Dewey, a representativet
of the United States Department of
Labor, sought a conference tonight1
with William S. Knudsen, executive1
vice-president of General Motors,
presumably to gain the corporation's
assurance that no equipment would
be removed from the closed divisions
during negotiations.
John Brophy, director of John L.
Lewis' committee for industrial or-
ganization, of which the U.A.W.A. is
a member, was expected to arrive to-
night to confer with Martin.
The automobile workers' president
announced receipt of a telegram from
Charles P. Howard, head of the Inter-
national Typographical Union, pledg-
ing "whole-hearted support" to the
union's demands on General Motors.
Bell Broadcast1
Plans Formed
By Committee
Plans for the nation-wide broad-
cast to be made from campus on Jan-
uary 22 showed signs of taking defi-
nite form'yesterday as the producers,
advertising representatives, and Uni-
versity officials in charge met to con-
sider the make-up of the program.
Since it was the first meeting of
the committee who will produce and
direct the program, it could not com-
pletely lay out the program. It wasf
brought out that the Band under
the direction of William D. Revelli,t
and the Glee Club under Prof. Davidj

E. Mattern of the School of Music
will have a part in the program, ac-t
cording to Prof. Waldo M. Abbot of
the University Broadcasting Service.
Wilmot Pratt, University carillon-1
neur, was present but those present
were unable to decide yet whether
the carillon will be used.
Included among the speakers on
the program will be prominent men
and women on campus, Professor Ab-
bot said. The editor of The Daily,
the captains of the teams, and other
B.M.O.C's will lend color to the pro-
gram in short talks. A historical
sketch of the University will be given,
and it is anticipated that a few short1
black-out skits will be included, he
added.
Prof. Hobbs Discusses
Mirage Phenomena
Speaking at the initiation banquet
of Phi Kappa Phi, national senior
honorary society, dast night in the
League, Professor-Emeritus William
H. Hobbs of the geology department
described the phenomena of the "su-
r~n.+ir.+ 1I h n aln ie nh osi

Dies In Gun Accident

1
i
i1

Spaniards Get
Arms Before
Cong~ress Acts

JANE H. HIGBIE
" "
Jane _I .io be
Killed Cleaning
Rifle In Home
Professor's Daughter Dies
Instantly After Accident
In Basement Playroom
Jane H. Higbie, '38A, 19-year-old
daughter of Prof. Henry H. Higbie
of the electrical engineering depart-
ment accidentally shot and killed her-
self with a .22 caliber rifle at 9:30
p.m. Tuesday in the basement of her
home at 402 Awixa Rd.
She died instantly, according to Dr.
Edwin C. Ganzhorn, county coroner,
who said that she had apparently
been cleaning a rifle, a ramrod hav-
ing been found on the floor beside
her body. There was one bullet left
in the gun he said.
Prosecutor Albert C. Rapp ordered
a brief investigation of the death yes-
terday afternoon but by last night
said that he was absolutely satisfied
that the death was accidental.
At the time of his daughter's death,
Professor Higbie was at his desk in
the living room of his home directly
above the "playroom" in which Miss
Hibie was killed. No one else was
home, Mrs. Higbie havingattended a
lecture.
He said that about 9:30 he heard
a bang which did not resemble a rifle
shot to him. He called "Jane!"
ceveral times and, unanswered he
went to the basement.
Professor Highie had been under
(Continued on Page 4)
Art Authority'
To Talk Today
On Animal Style
Dr. Alfred Salmony of Mills Col-
lege, Calif., who will lecture on "East-
ern Animal Style" at 4:15 p.m. today
in the Natural Science Auditorium,
is recognized internationally as an
authority on Asiatic art, according
to Dr. Carl E. Guthe, director of the
University Museums.
His lecture this afternoon, which
is one of the University lecture series,
is open to the public.
He received his training under the
great scholar, Josef Strzygowski, in
the Art Institute of the University of
Vienna and for a number of years
he held the position of curator in
the Museum for Far Eastern Art in
Cologne, Germany.
He is one of the founders and was
for some years the editor of "Artibus
Asiae," a leading international jour-
nal in the field of Eastern art.
"His extensive oublications, in the
form of monographs and articles in
the field of Far Eastern, Siberian,
and South Russian Art, have given
him an international standing of
note," Dr. Guthe said.

Munitions Embargo Passes
Legislature;- However,
Boat Sails Earlier
I. .
Technicality, Time
Permit Exportation
WASHINGTON, Jan. 6.-(P)-
Time and a technicality thwarted
Congress today in its race to stop
munitions shipments to Spain.
An administration embargo against
such exports streaked through both
Houses at the fastest pace since the
emergency banking legislation of
1933.
Even faster, however, was the de-
parture from New York of a Spanish
steamer laden with airplanes sent
to the Spanish Socialists by Robert
Cuse, Jersey City broker.
A last-minute technicality also
threatened to prevent President
Roosevelt from signing the embargo
into law until Friday, by which time
further shipments may be made.I
Passes Senate Unanimously
Richard Dineley, San Francisco
munitions dealer, told reporters that
$4,507,000 of airplanes and arms
which he wants to send to the Ma-
drid government could be gotten out
of this country in 24 hours. He said
he had to wait, however, for the ar-
rival of Spanish officials who were
delayed by bad weatherson a flight
here from Mexico.
A purely parliamentary snag kept
the embargo from becoming law after
the Senate had approved it 80 to 0
and the House 403 to one.
Recessing until Friday before the
House had acted, the Senate failed,
to take the precaution to authorize
Vice President Garner to sign the
measure. At first, while there still
seemed a chance to stop Cuse's ship-
ment, it was believed in some quar-
ters that this detail would be ig-
nored. But finally, after the House
had acted, Garner went home with-
out signing.1
Boat Passes 3 Mile Limit
The Spanish freighter Mar Can-
tabrico steamed beyond the three-
mile limit off New York while Con-
gress still labored. Her escape from
the ban climaxed a feverish day in
which she once had been ordered
stopped by the coast guard off Sandy
Hook. Coast guard officials finally
decided they had no authority to
stop the vessel under a writ they
held against its cargo.
Meanwhile Britain 'sped more
warships to Spanish waters France
held troops ready for a possible dash
'to the Spanish border. Both nations
appeared ready to act unless Ger-
many and Italy agree to stop inter-
vening in the Iberian peninsula.
There was talk of a coastal block-
ade to halt the flow of arms and men
to Socialist defenders and Fascist
attackers.
Missig StudenI
May Be in South
The fact that Earl Morse, '40, 20
years old, University student who
has been missing since Dec. 2, may be
in Florida was revealed yesterday to
police by Miss Jenny Mshar, 419 Hill
St., who said she met Morse on the
street late in November and that he
then declared the intention of going
to Florida to look for a job.
Local police sent out radio mes-
sages concerning Morse's disappear-
ance after Mrs. Cora Morse of Jo-
liet, Ill., the missing student's mother,
had informed Dean of Students Jo-
seph A. Bursley of her son's protract-
ed absence from his home.

Hyde Asserts
AlumniBodies
BackingKipke
Alumni Association Leader
Sees Over 95 Per Cent
Of Grads With Coach
Any Changes Must
Conte From Yost
By IRVIN LISAGOR
If the dismissal of Head Football
Coach Harry G. Kipke is recommend-
ed to the Board in Control of Ath-
letics, it will not be the result of al-
umni dissatisfaction, the Daily has
reliably learned through contact with
various alumni groups.
"I would say that from 95 to 99
per cent of the alumni are solidly
supporting Kipke," was the opinion
expressed last night by Emory J.
Hyde, president of the Alumni Asso-
ciation. He bases his assertion on
letters received from the widely scat-
tered Michigan graduates and from
sentiment gathered in personal con-
versations with many others.
Responsibility On Yost
"To my knowledge there has been
no agitation whatsoever among the
alumni for a change in the coaching
staff," Hyde added.
Consequently any recommended
changes will have to originate with-
in the athletic administration itself.
Since Prof. Ralph W. Aigler, chair-
man ofsthe Board in Control of Ath-
letics, stated in an interview Monday
that no action will be initiated by the
Board, the responsibility necessarily
falls squarely upon the shoulders of
Athletic Director Fielding H. Yost.
No Explosions
Further evidence of the alumni's
whole-hearted backing of Coach Kip-
ke has been noted in other quarters.
At the annual luncheon of the
University of Michigan Club of Chi-
cago, which was being held at the
same time the story of Kipke's pur-
ported .dismissal broke in a Detroit
newspaper, there was utter compla-
cency among the assembled Michigan
men. Harvey T. Woodruff, a Chicago
Tribune reporter, sent to hear the
"explosion" against Kipke, et al,
wrote in his account the next day:
"Usually when graduates of a col-
(Continued on Page 3)
Dr. Bell Says
Flu On Campus
Under Control
Epidemic That Has Been
Prevelant In Cities Is Not
Alarming Here
The widespread influenza epidemic
that has been prevalent in all of the
large cities during the holiday season
has not become alarming on the cam-
pus, and is definitely under control at
the present time, declared Dr. Mar-
garet Bell, acting director of the
Health Service yesterday.
"Our patients are doing exceeding-
ly well," she said. "Those who have
WASHINGTON, Jan. 6.-()--
Saying "the situation is serious but
not alarming," the public health serv-
ice reported today that influenza is
spreading.
Reported cases have been increas-
ing since early in December and for
he week ended Jan. 2 numbered 3,-

993. This compared with 2,088 in the
previous week.
had high temperatures of 103 and
104 are better, and their fevers have
lowered," she stated.
Dr. Bell warned all students who
have colds or touches of flu to stay
at home. "They should remain iso-
lated as soon as they have seen their
doctor," she declared.
People used to think that staying
away from a person with a cold was
enough precaution, she explained.
"'Today we know when anyone coughs,
sneezes, or even breathes during the
contagious state, tiny droplets of fil-
trable virus remain suspended in the'
air for many hours afterward," Dr.
(Continued on Page 2)
Pope Pins IS Nearj
Unconsciousn css
VATICAN CITY, Jan. 6.-(/)-
Italian newspapers said today Pope
Pius' heart beats have speeded up
greatly during the illness which, in-

Roosevelt
Against

And Hin-ts At New NRA

-O

Bates Seconds Roosevelt's Plea
For Liberal .Constitutional View.

Amendment Is Unecessary
If Court l'akes Liberal
Viewpoint, He Contends
By FRED WARNER NEAL
President Roosevelt's plea that the
Constitution be not amended but
broadened by Supreme Court inter-
pretation received the backing of
Dean Henry M. Bates of the Law
School in an interview last night as
"sound constitutional theory."
Dean Bates agreed with the Presi-
dent that New Deal aims could be
accomplished under the existing Con-
stitution if it is given, as the Presi-
dent said yesterday in his speech on
the State of the Union, an "increas-
ingly enlightened view."
And further, the dean pointed out,
a Constitutional amendment now
would either have to be too broad or
too narrow to accomplish its objec-
tive. If, he said, as Lloyd Garison
of Wisconsin holds, an amendment
should give the federal government
power to enact legislation for the
"economic welfare" of the nation,
there would be no stopping point.
"Almost everything," he believes,
"could come under that phrase."
On the other hand, Dean Bates
Interfraternity
Ball To Consist
Of 1wo Dances
The individual who wants to go to
the Interfraternity Ball has an alto-
gether unprecedented decision to
make. He must decide which Ball
he wants to attend, the one in the
Union or that in the League.
Because it was faced with a ticket
demand of over 500, an elated com-
mittee had to split the dance, to be
held Friday, Jan. 15, in two, with
Charlie Agnew playing in the League
and Fletcher Henderson in the Union.
The choice is doubly difficult be-
cause no special advantage attaches
to either the League or Union. Agnew
will not remain in the League all
evening, nor will Henderson perform
exclusively in the Union. During the
intermission a little change will be
effected; Henderson's outfit will
march en masse over to the League
to make music for the rest of the
evening while Agnew will transfer
to the Union.
Because the Union, the place orig-
inally scheduled for the dance, can
accommodate only 350 couples and
the co-chairmen of the ticket com-
mittee, Bud Lundahl, '38, and Bob
Stuart, '38, had twice that many res-
ervations on their hands, drastic and
immediate action had to be taken.
After much discussion and frantic
telegraphing, another band and an-
other ballroom were engaged. It was
also decided that the ticket-holders
could express their preference for one
dancing spot or the other, and to-
night during the dinner when tickets
are distributed to the fraternities,
they can take their whole block for
either the League or Union or a cer-
tain number for both.
All fraternities should find out
(Continued on Page 6)

continued, the needs confronting
Congress today are so diverse, than
an amendment which would simply
grant the power to provide for, say
minimum wages, would not solve the
problem.
Should Interpret Liberally
He agreed with the President that
the Constitution was originally in-
tended to "receive a liberal and not
a narrow interpretation," and to meet
changing times by broad interpreta-
tions rather than, as Jefferson
wished, numerous amendments or
complete revisions." As proof of this
he cited Article I, section 18, of the
Constitution, giving Congress the
power "To make all laws which shall
be necessary and proper for carry-
ing into execution the foregoing pow-
ers and all other powers vested by the
Constitution in the government of
the United States . . . " "Jefferson's
contention might have worked in his
day," Dean Bates declared, "but our
society is so complex and the prob-
lem of phrasing amendments, to say
nothing of whole constitutions, so ex-
tremely difficult, that it is hardly
feasible today.
Would Need Adjustments
"Also," he held, "a fundamental
amendment of the Constitution now
would lead to years or even genera-
tions of litigation before its meaning
as applied to new conditions could
be definitely worked out. Many
phrases in the existing Constitution
are still vague and undefined.
"Even the National Industrial Re-
covery Act could well have been Con-
stitutional had one or two of its pro-
(Continued on Page 6)
Divorce Intent
Of Betty Baker,
Witness Says
Mrs. Betty Baker, charged with the
murder of Clarence Schneider last
June, is expected to take the stand
in her own defense today if the State
rests its case.
Mrs. Baker, 30-year old wife of
an Ann Arbor policeman, heard Har-
old Schneider, younger brother of the
slain man, testify yesterday that the
defendant once avowed her intention
of obtaining a divorce and marrying
Clarence Schneider whom she is ac-
cused of lbilling in a fit of jealousy.
Harold Schneider also revealed
that Mrs. Baker, a former dancer,
had brandished a gun in the pres-
ence of his brother who took the
weapon from her and "slapped her
face."
"She said once that she and Clar-
ence were heavenly mated," the wit-
ness testified. "She wanted to get, a
divorce and marry him, but was
afraid that he hadn't told her every-
thing about other women."
Dr. Joseph H. Failing of Ann Arbor
testified that he had told her jok-
ingly that a shot between the eyes
is sure to kill. Schneider was shot
a little below that point as he and
Mrs. Baker sat together in an auto-
mobile June 29.

Problems Of NRA Remain
And States Cannot Solve
Them, President Says
Future Arms Sales
To Spain Outlawed
Supreme Court Justices,
Eating Lunch At Time,
Do Not Hear Speech
WASHINGTON, Jan. 6.- (P) -
Speaking to the 75th Congress ob-
viously aiming his words at the Su-
preme Court, President Roosevelt to-
day demanded a "liberal" interpre-
tation of the Constitution as opposed
to a "narrow" one.
With the rebel yells of his Demo-
cratic hosts resounding in the packed
had been overwhelmingly reelected
House chamber, the President who
since the Supreme Court struck down
his NRA and other laws spoke this
pointed sentence:
"The process of our democracy
must not be imperilled by the denial
of essential powers of free govern-
ment."
There is no vital need to amend the
Constitution, he argued, but there is
need of an "enlightened view" of it.
He appealed to the, courts to permit
"legitimately implied" powers of
government to be made "effective
instruments for the common good."
Justices Not Present
The Justices of the high court,
who are soon to rule on constitution-
ality of other New Deal acts, did not
hear his words. They were in their
private dining room eating lunch at
the time, and because of their tra-
ditional silence there'was no way of
telling how they felt.
Before both Houses of Congress,
gathered in joint session to receive
his annual message, the Chief Execu-
tive reiterated his faith in NRA's
broad objectives, conceded that it had
attempted too much and then giv-
ing each word a sharp, staccato em-
phasis asserted:
"The statute of NRA has been out-
lawed. The problems have not. They
are still with us."
At the same time, the Chief Execu-
tive called for "an addition to the
existing neutrality act to cover
specified points raised by the unfor-
tunate civil strife in Spain." Congress
responded with a rush, but too late
to halt a ship which steamed out of
New York with a cargo of airplanes
for the Spanish Loyalists.
Adopt Resolution
The Senate promptly and unani-
mously adopted a resolution clap-
ping a hard and fast embargo on
shipments of war materials to Spain.
After some delay, the House did
likewise. But the ship had sailed.
The President, delivering his ad-
dress in an even tone at an almost
hurried tempo, paused for deliberate
emphasis whenever he reached a ref-
erence to the question of the effect
of recent court interpretations on
administration objectives.
"With a better understanding of
our purposes, and a more intelligent
recognition of our needs as a nation,
it is not to be assumed that there will
be prolonged failure to bring legis-
lative and judicial action into closer
harmony," he said.
Must Find Means
"Means must be found to adapt
our legal forms and our judicial in-
terpretation to the actual present na-
tional needs of the largest progressive
democracy in the modern world."
And again, asserting that the leg-
islative and executive branches were
binding themselves to theetask of
"making democracy succeed," he
pointedly added:
"The judicial branch also is asked
by the people to do its part in mak-

ing democracy successful."
Democrats Praise Speech
Otherwise, the Chief Executive
called for a "comprehensive over-
hauling" of the government's admin-
istrative departments, and cited as
pressing problems "the menace of
slum areas," the "prevalence of an
unAmerican type of tenant farm-
ing" the "intelligent development of
our social security system" and "ade-
quate relief for the needy unem-
npoved who are cnahl of nerform-

Warns Court
Narrow' Stand

j

Harvard's Best Better, Dullards'
Just As Dull, Jones Discovers

To Draft Bills Promising Many
Relief Administration Changes

By WILLIAM C. SPALLER
Students in the upper fringe of
classes at Harvard University are
better scholastically than the cor-
responding group of Michigan stu-
dents, Prof. Howard Mumford Jones,
formierly professor of English here
and now eteaching at Harvard, said
yesterday while here on a short visit.
There is no noticeable difference
in the lower ranks of the classes,
Professor Jones stated, but the bet-
ter students at Harvard show a defi-
nite, if slight, superiority over the
better Michigan students. The 'dif-
ference, he said, is probably due to
the higher scholastic background of

taught Victorian and American liter-
ature on which he was considered
one of the foremost authorities.
Professor Jones said he has found
a "good many" other differences be-
tween the two universities. One of
the chief of these, he said, is the use
of tutors at Harvard.
"The whole undergraduate life at
the school is built around the tu-
torial system," he said. "All stu-
dents are in charge of a tutor who
shapes the individual education of
each undergraduate."
Each tutorial group contains 25 or
30 students, he said, and the tutor
advises each student what courses

By IRVING SILVERMAN
Bills to " implement the report of
the Michigan Welfare and Relief
Study Commission which recom-
mends a sweeping reorganization of
the administration of state and coun-
ty welfare relief, prisons and mental
institutions will be drawn up tomor-
row, when the Commission meets in
Lansing, for submission to the Leg-
islature in the very near future, Har-
old D. Smith, chairman of the Com-
mission stated yesterday.
Mr. Smith is also " director of the
University of Michigan Bureau of
!'_nx rmm - - a xaln z of1110A ril-h

last April under ex-Gov. Frank Fitz-
gerald.
The report which discusses one of
the most vital problems facing the
Legislature recommends the abolition
of 10 different State authorities and
in their stead the creation of Chree
new coordinating departments.
With respect to State welfare or-
ganization, it is proposed that six
different commissions be abolished
including the emergency welfare re-
lief commission, the prison commis-
sion, the corrections commission, the
institute commission, and the wel-
fare commission. In addition the
commission recommends the aboli-