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February 19, 1937 - Image 12

Resource type:
The Michigan Daily, 1937-02-19

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sA 'hkAi, 1EB. 20, 1930

prof. Hohlfeld

Packing' Court Is Practicable
Method Of Change, Durfee Says

Senators United For Fight Oin Suprme Court

To Talk Here
About Wagner
Head Of U. Of W. German
Department To Deliver
Lecture March 1 And 2
The German department will pre-
sent Prof. Alexander R. Hohlfeld,
chairman of the German department
of the University of. Wisconsin in a
University lecture on March 1, and
again on March 2, in the Natural
Science Auditorium, it was announced
Professor Hohlfeld will take for
his subject on Monday "Richard
Wagner, Dramatist - The Literary
Aspects of His Art," while on Tues-
day he will lecture in German on
"Der Irdische Ausgang des Faustdich-
tung Goethes." In the latter he :ll
attempt to give a new interpretation
of Goethe's famed work.
Professor Hohlfeld is widely known
in language circles for his work in
building up the German department
of the University of Wisconsin to the
foremost position among American
Universities, Prof. Henry A. Nord-
meyer, chairman of the University
German department said yesterday.
As a lecturer on library, cultural
and educational subjects Professor
Hohlfeld has appeared repeatedly in
most of the leading universities of
the country, Prof. Nordmeyer said.
Specializing in Goethe and Haupt-
mann he has also exercised great in-
fluence through his numerous book
reviews and critical essays.
In 1913, at the age of 48, Professor
Hohfeld was elected to the pres-
idency of the Modern Language As-
sociation-the highest honor accord-
ed to a language professor, and in
1933 he was made president of the
American Association of Teachers of
A graduate of the University of
Leipzig, the lecturer has been in the
United States since 1889.
Wi11 BeGiven
By Gary Alumni
Adoption of a scholarship fund as
its project in the Alumni Association
Ten Year Plan was announced by the
University of Michigan Club of Gary,
-Indiana in the current issue of the
Michigan Alumnus.
The Ten-Year Program objective of
the club, the Alumnus states, will
make possible the awarding of scho-
larships which will provide tuition
through an entire undergraduate
four-year course for students recom-
mended by the club and named by
the University.
The Fund is to. be known as the
Johannes Kopelka Tuition Scholar-
ship Fund of the University of Mich-
igan Club of Gary, Ind. The fund was
so named because of a bequest by the
late Johannes Kopelka of Crown
Point which forms the nucleus of
the fund.
John A. Sabo, '23, is the chairman
of the Ten-Year Program Commit-
tee, and has gathered around him a
group of alumni who will carry on
the task of building the fund to an
appi:ecable size. The drive was
launched on January 22 when the
club met to hear the broadcast from
campus, and at that time more than
$1,500 was pledged.
The scholarship fund will operate
on a plan similar to that laid down
by the Board of Regents for the Uni-
versity of Michigan Club of Memphis
when its gift was accepted. All funds
secured on subscriptions will be de-
posited with the University. Each
year, until the growing endowment

is sufficiently large to finance the
award on interest alone, the Univer-
sity will expend from these gift funds
a sum sufficient to meet the tuition
charges of the scholarship holder.
Nominating Committee
For Fund Is Selected


rt Amendment Detail
ould Cause Too Much
pposition He Believes
(Continued from Page 1

they left details to be settled as oc-
casion required-wisely, I say, be-1
cause if an effort had been made toi
settle' all these questions by the leg-
islative method with detailed and,
exact provisions, it is in the first
place doubtful whether such provi-
sions could have achieved ratification,1
since every interested group wouldt
have seen too clearly just what it had
to lose, and in the second place it
is doubtful whether such rigid pro-1
visiols could have withstood the1
strains of rapidly .changing condi-i
Formal Amendment Impossible-
Professor Durfee believes that a1
'he present juncture formal amend-
ment is in a practical sense impos-1
sible. "The demand for amendment1
has become so general and so earnest
that we have before us a bewildering
array of proposals which differ rad-i
tcally in their ultimate objectives and
n their choice of means. The result
is that the process of formal amend-
ment is stymied: the reformers are
in each other's way. Nor should it be
supposed that the demand for amend-1
ment is merely a product of the Pres-
ident's recent message and his courti
bill. In the last Congress, over 301
proposals of amendment were intro-
duced," he said.
"Even if this practical difficulty
were not presented," he said, "the'
problem is such that it is extremely
difficult to frame any formal amend-
ment that is satisfactory. Of the1
proposals which have been made,
some are so narrow and detailed that
they do not leave sufficient room for
the exercise of congressional and ju-
dicial discretion. Detailed legislation1
does not belong in the constitution.1
Some other proposals are so vague
that it would take at least a gen-1
,ration of litigation to bring them
even to the condition of relative cer-
tainty which we enjoy with respect
to the original constitution and its
present amendments. There are even
proposals before us which in practical
operation might utterly destroy our1
constitutional scheme of govern-
Supreme Court Is Political 1
The Supreme Court of the United
States, Professor Durfee holds, isĀ°
essentially a political institution, "In-
Iced," he added, "the pre-eminent
political institution in our peculiar
scheme of things. So far from ob-
jecting to political appointments, we
should rather deplore the fact that
appointments have so often been
made without due consideration of
the political philosophy of the ap-
The result of this procedure, Pro-
fessor Durfee believes, is that
"through the past 60 years the ourt
has in the main been dominated by
lawyers who had no grasp of political
science and no understanding of the
true place of the court in our con-
stitutional system. The results have
been unfortunate. Step by step, by
a process so slow that there hardly
seemed to be any motion at all, the
court has erected a body of consti-
tutional principles which in some
points is not only remote from the
text on which it is supposed to be
founded, but also in retrospect, ap-
pears to be primarily a reflection of
the philosophy of business first which
was dominant in this country through
most of this period. In conspicuous
measures these latter day amend-
fents have had the character of cir-
cumscribing the power of Congress
and of state legislatures."
Says 'Not Guilty Of Abuse'
Professor Durfee insists that he is
not guilty of "indecent abuse of
the court. In the later decades of
the last century," he explained, "the
court was performing its function
properly in that it was faithfully re-
flecting the spirit of its time. And
that spirit has lingered on, dying but
"But times change. Since the turn
of the century we have gradually
developed a new political philosophy.
Somewhat more slowly, this new phi-
losophy has permeated the legal pro-
fession. Here the services of Mr.
Justice Holmes were pre-eminent.

As is well known, he was in constant
revolt against the court's usurpation
of authority. At first he seemed
to have no effect upon his brethren
on the bench, but his magnificent
dissenting opinions did not go for
naught," Professor Durfee said.
Holmes Seconded
The theories of Justice Holmes,
Professor Durfee pointed out, were
ably seconded by a growing group
of men outside the court, and, he
thinks, "there is no member of the
Supreme Court who is wholly unaf-
fected by it. But some of them
cling with remarkable faithfulness to
the traditions of the nineteenth cen-
It does not answer the problem,
however, Professor Durfee said, "to
let nature take its course and say
Father Time will cure all. That is a
sweetly reasonable position, but it
overlooks some features of the con-
temporary scene. The existing con-
ditions puts a terrible strain on our

I h
" T

r w

ally destroy the institution of ju-
ial review. Others urge changes
ich would fairly demolish the Fed-
l plan and make Congress su-
me in every field of human af-
Increase Undesirable Now
'Someday we may iave to accept
h of those things, but I am unwill-
to do that until we have tried
re cautious measures. Let us first
pack the court and then see whe-
r it cannot make the old Consti-
ion a reasonably efficient instru-
nt of government."'
Although constitutionality of Con-'
ss' power to increase the mem-
ship of the Supreme Court is clear.
)fessor Darfee does not believe an
rease desirable at this time. But,
added, "neither do I think that
President's bill, if passed, will
ve that effect."
He said it "strains my imagina-
n" to conceive of the present jus-
es over 70 years old taking any
ier course than resignation. "In
astance," he admitted, "the ,Pres-
nt's plan means forced retirement
Such a thing does not offend Pro-
sor Durfee's "sense of propriety.
me," he said, "it is just one more
e to add to a long and not dis-
norable list of statutes-yes, and of
licial decisions - which have
ched their objectives by indirec-
n. The protective tariff is one
those things. Injunction against
forcement of unconstitutional sta-
es is another. The whole list is
y large.
Personal Factors nvolved
'Unfortunately," he continued, the
sent situation involves personal
Mors. When I think of the men
o are under attack, men for whom
ave deep respect in spite of their
lure to meet the requirements of
eir high office, then I am inclined
agree with a friend who says 'it
not cricket.' 'But the situation is
serious to permit us to indulge
these refinements of sentiment.
tting aside my sporting instincts,
favor the President's proposal as
e which establishes a reasonable
iring plan and at the same time
ers a means of immediately reor-
nizing the Court."
Professor Durfee "finds it difficult
imagine" that the President and
nate will, if the bill passes, put on
e Court ''wild-eyed reformers not
equately educated in law and lack-
appreciation of the importance of
a Constitution." He finds it easy
believe they will appoint compe-
it lawyers of the Holmesian school.
"And then what? I see the recon-
ucted Court going cautiously about
e job of repealing the judicial
endments that have been piled on
e Constitution in the past 60 years,
rking from case to case in the good
S'cut and try' method,
Everyone Can't Be Pleased
"It's decisions will distress some
izens of the right and some cit-
ns of the left. But in law and
litics you can't please everyone.
ost of us, I believe, will be fairly
tisfied with the work of a court
ich understands its political func-
n and is in tune with the times,"
Professor Durfee believes the Pres-
nt's proposal a means of strength-
ing the government and therefore
step that would make a dictator-
ip less rather than more likely.
he appearance of a dictator is cat-
lysmic," he said. "He comes with
rce and arms and disposes of op-
sition by mass execution and rigid
nsorship. Constitutions and prece-
nts mean nothing to him. And in
at fateful hour, the weaker the
vernment which stands in his way,
e quicker it falls. If we mean to
eserve democracy, we must make it

E xtension Division
Ofei" ng Sior'lati
The University Extension Division
is offering a course in Gregg Short-
hand taught by John Trytten of the
University High School from 4:30 to
5:30 every Tuesday and Thursday
in Room 2021 University High. This
course will last throughout the sec-
ond semester and will cost $10.00 ac-
cording to Charles A. Fisher, director
of the division.
Besides this course which has just
been started, the Extension Division
is offering courses in astronomy, bus-
ness administration, languages, mu-
;ic and physical education. Extension
ourses are also taught in Detroit,
Flint, Grand Rapids, Kalamazoo,
ansing and Muskegon. Director
Fisher said that a regular, qualified
eacher administers these subjects.
Most of them, when completed, are
:quivalent to college courses and re-
eive college credits.
1,- _ _



" e

- Associated Press Photo
These two veterans of the United States Senate, Hiram Johnson
(Rep., Calif.), (left), and William E. Borah (Rep., Ida.), are shown as
they met over a conference table in Washington to map their joint
fight o'n President Roosevelt's plan to reorganize the Supreme Court.
In past years they were leaders in the famous battle which kept the
United States out of the League of Nations.
New Five And Ten Cent Store
To Take Place Of The Quarry
The Quarry, one of the few remain-' fountain in Ann Arbor, Mr. Drake
ing old school drug stores of the sort said, and it was one of the most fa-
that eschew milk shakes and pulp mous ones for years. In those days
magazines, will be razed May 1 to we steered away from the old apothe-
make way for a Kresge five and ten cary tradition, Mr. Drake said, but
cent store. with the growing tendency to extend
The corner of North University and the wares sold in drug stores the
State Street has meant the Quarry to Quarry-was faced with the alternative
students ever since 1898 but has be- of following the trend that has led
come less important in student life to that anomaly of retailing, the
i recent years, according to -the' American drug store, or of turning
owner of the store, Claude Drake. back to the traditional pharmacy.
At one time the Quarry was the Mr. Quarry, who then owned the
Union, the League, Alumni Memorial store, made up his mind to join the
Hall and the Health Service rolled old school. On Commencement Day,
into one, Mr. Drake said. .1907 the Quarry served its last ice
Students Used To Register cream soda and after the graduating
"At the turn of the century the class had left for the exercises the
store was one of the most famous fountain was torn down, Mr. Drake
meeting places on campus," Mr. said with a slightly discernible nos-
Drake said, "And to facilitate this we talgia for Ann Arbor's pioneer soda
kept a card index on the counter fountain.
and it was used by students as a sort Eclipsed By Health Service
of student directory. Alumni fell into Student prescriptions provided a
the habit of using the register at large business for the store Mr. Drake
the Quarry when they revisited Ann said just just as the Union and
Arbor." League had eclipsed the social posi-
The Quarry had the first soda tion of the Quarry, the Health Serv-
ice was opened in 1913 and took over
Broadcasting Courses the duties of dispensing drugs to
Given In 113 Colleges In recent years the store has dealt
.uite extensively in hospital supplies
Courses in radio broadcasting are and prescriptions, according to Mr.'
given in 113 colleges throughout the Drake, and even though the building1
country, a survey conducted by Prof. is being torn down the Quarry will
Waldo Abbot, director of the Univ r- remain in business at some other lo-
sity broadcasting service showed. cation. Where it will be, Mr. Drake
The poll was held in connection doesn't know any more than Orville
with the intended publication of a A. Moe knows where he will move
handbook of radio broadcasting wr 't- after his barber s'hop next to the
ten by Professor Abbot for use by ( Quarry has been torn down, that he'
students, technicians, speakers and has occupied since 1903.

By J. A. B. '1
"All I see is a lot of white light-"
The young lady, crouched in an
uncomfortable position under the
telescope, squinted once m o r e
through the Cassegrain reflector, then
scrambled to her feet, still panting
from the five-floor climb.
Hazy, shifting clouds ruined last,
night for looking at the moon. The
more powerful the telescope the worse
it makes things, according 'to Harry
M. Bendler, '37, astronomy major, in
charge of the fortnightly "visitor's
nights" at the Angell Hall Observa-
tory-"child must be accompan-
ied by adults."
Harry pointed sadly to the fact
that last time it was the same way
-too cloudy. Only a handful of
people made their way up to the dome
last night, but on a clear visitor's
night, Harry has to line them up.
Sometimes more than a hundred
come to peek through the 200-powe.
instrument to see~ the mountains and
plains on the moon.
There is a story that during the
first semester the fellow in charge of
the telescope entered the dome each
morning to find things different from
the way he had left them the night
before. He didn't give it much
thought until the third time he no-
ticed that he telescope was invariably
pointed in one direction. When he
bent over and looked, he was a little
shocked to find it directed hopefully
at Helen Newbery's windows.
Harry remembers several visitor's
nights back when some one brought
an entire sixth grade up to study the
celestial bodies. It was just such a
murky night, and all that was visible
were dirty, restless cloud formations;
I but they had looked forward to it,
and nothing would do but that he
escort each pupil to the glass and al-
low him to gaze his fill.
Whether a large crowd or a small
one, the notice said "until 10 p.m.,"
and until that time he must stay. The
dome was cool with the night air, and
Venus might come into view any-
As long as I can see that large star
over there, there's hope," said Harry

(Continued from Page 4)
at the Masonic Temple, 327 South
Fourth Ave, Sunday:
"For the Disillusioned" is the topic
upon which Dr. Lemon will preach at
the morning worship service at 10:45
a.m. This is the second sermon of a
Lenten series on "Vital Correspon-
dence." Music by the student choir.
Professor Nelson and three students
from foreign countries will be the
guests of the Westminster Guild stu-
dent group at their meeting at 6:30
p.m. A supper and social hour will
preceed the meeting at 5:30 p.m. All
students are invited.
Lutheran Student Club: The speak-
er for Sunday evening will be Judge
Sample of the Circuit Court of this
county. Judge Sample will tell of
problems arising in the courts.
Social and supper hour: 5:30; For-
um hour; 6:30; Place: Zion Parish
Hall at East Washington and Fifth.
Everyone is cordially invited to visit
our club.
St. Paul's Lutheran Church: C. A.
Brauer, minister. Lenten services in
the German language at 9:30 a.m.
Regular morning service at 10:45 a.m.
The pastor will preach on the words
of Jesus, "They Hated Me Without
Lutheran students will join the
young people in a skating party at 3
p.m. Meet at the church. The stu-
dent supper at 5:30 p.m. will be fol-
lowed by the pastor's Bible Study
Hour at 6:30 p.m. All students cor-
dially invited.
First Baptist Church, Sunday:
10:45 a.m: Reb. R. Edward Sayles,
minister, will speak on "Sins of Good
Roger Williams Guild, Sunday
noon at Guild House, 503 E. Huron
Mr. Chapman will speak on "Liter-
ature of the Old Testament: Amos."
6 p.m. The Guild meets at Guild
House. Mrs. Herbert S. Mallory will
speak on "Problems of Youth Adjust-
ment." Questions and discussion will
follow. The usual social hour for ac-
Church of Christ (Disciples):
10:45 a.m., Morning worship. Rev.
Fred Cowin, minister.
12, Students' Bible Class. H. L.
Pickerill, leader.
5:30 p.m., Social hour and tea.
6:30 p.m., Discussion program.
Subject, "Resources for Building Per-
sonality." This is the last of a series
of discussions on the general sub-
ject of "Pathways to Personality."
Disciple students just entering the
University from states other than
Michigan should note that the Church
of Christ in Michigan is called the
Christian Church in most of the oth-
er states. The church is located at
Hill and Tappan Streets, one block
south of the Law Court,
Student Supplies

Included in the subjects given are
radio speech, writing, dramatics, pro-
duction, advertising, education, law,
general course in broadcasting, in-
struction in speech department and
In addition, 71 schools offer the stu-
dent experience in radio work through
extra-curricular activities, and 24 in
purely technical branches.




ummer Lectures To Cover Wide
Field Of Subjects, Hopkins Says

Announcement of the nominating
committee that will select the ten
persons to be nominated to fill the
vacancies occurring on the Board
of Directors of the Community Fund
was made yesterday by Everett R.
Haimes, director of the Community
The five persons on the committee
are Mrs. Allen S. Whitney, chairman,
Mrs. Arthur S. Aiton, Dr. Harley
Haines, Mrs. Fred MacOmber and Mr.
Neil Staebler.
The committee will draw up a list
of ten persons whom it will submit
to the vote of the 5,000 members of
the Community Fund to fill the five
vacancies occurring this year.
Woman Speaker Urges
6-Hour Mothers' Day
NEW ORLEANS, Feb. 19.-('P)--A
six-hour day for mothers was urged
here today by Mrs. Laura Chassel

First-hand contact with the ideas
men closely acquainted with
bjects of a wide field of interest
ll be available this summer in the
ries of faculty lectures being spon-
red by the University Summer Ses-'
on, Prof. Louis A. Hopkins, director,
nnounced yesterday.
Lectures will be given at 5 p.m.
cery Monday, Tuesday, Wednesday,
nd Thursday during the session.sFol-
wing the first week, Tuesday and
'hursday lectures will be on subjects
'ranged by the Institute of Far
astern Arts. These have not as
et been announced.
Professor - Emeritus William H.
obbs of the geology department will
ve the first lecture of the series on
onday, June 28. His subject will
"Peary." Dr. Herman H. Reicker
the hospital staff will explain "The
leaning of Indigestion" the next day,
nd this will be followed by a lecture
n "The Present Situation in Spain,"
y Prof. Arthur Aiton of the history
epartment. An astronomical lec-
ure to be given by Prof. Heber D.
urtis of the astronomy department
ill end the first week's lectures.
"Four English Amateur Gardens"
ill h the suhiect of the lecture by

day, July 12, a lecture on Niagara
Falls will be given under the auspices
of the geology department. "Editing
Dictionaries," by Prof. Thomas A.
Knott who was -general editor of the
recent Webster Dictionary.
"Field Research in the Interior of
Brazil" will be given the following
Monday by Prof. W. G. Smillie of
Harvard University, who is to be a
member of the Summer Session staff,
and his speech will be followed by one
on "Recent Biblical Studies and Dis-
coveries" by Prof. Henry A. Sanders,
of the speech department.
"Recent Advances in the Treat-
ment of Cancer by Means of Radia-
tion," given by Dr. Willis Peck of the
Health Service will be next, on Mon-
day, July 26, and on Wednesday Prof.
Verner W. Crane of the history de-
partment will speak on "Benjamin
Franklin." "Leprosy in Modern
Times," described by Dr. Malcolm H.
Soule of the Medical School will be.
given the next to the last Monday,
and Prof. Rene Talamon of the
French Department will talk on
"Paris" the following Wednesday.
Two other lectures will take place
in the last week of the Summer Ses-
sion. These are to be announced
later. A regular'series of plavs is to

Masonic Temple, at 327 South Fourth Ave.
Rev. W. P. Lemon, Minister
Miss Elizabeth Leinbach, Assistant.
10:45 a.m. - "For the Disillusioned."
Second of series on "Vital Correspondence"
Sermon by the Minister.
Student Choir and double quartette.
5:30 p.m.- Westminster Guild, student
group. Supper and social hour followed by
the meeting at 6:30. Subject: "Foreign
Students on the Michigan Campus.55
Speaker: Professor Nelson introducing
three students from foreign countries.
Corner Washington St. and Fifth Ave.
E. C. Stellhorn, Pastor.
South Fourth Avenue, near Packard
Rev. T. R. Schmale, Pastor
10:30 a.m. -Morning Worship
Sermon topic: The Holiness of God's House
7:00 p.m.-Young People's League.
Wednesday at 7:30 p.m.-Lenten Service
Sermon topic: The Voice from the Cross.

Oakland and East University.
Dr. Bernard Heller, Director.
Sunday School -10:00 a.m.
8:00 p.m. - Pushkin Memorial Program
Dr. Leader. "Pushkin, the Man and the
Mrs. Pargment: Readings from Pushkin.
Russian music.
East Huron between State and Division
10:45 a.m.-"Sins of Good People."
6:15 p.m.-Mrs. Herbert S. Mallory will
speak: "Some Problems of Youth Adjust-
ment." Discussion will follow.
Corner State and Washington Streets
Rev. Charles W. Brashares, Minister
9:45 p.m. -Student Class on "Certain
Shifts in Religious Emphasis" led by Dr.
G. E. Carrothers.
10"'o n m- FmitPn_mini~A . ,Prie of wnr-

"a in'an's greatness inay be measured by the reach of his relationships."



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