'fiur. MICHIG~AN fDAILY WEDNESDAY, JL KA ALI LrjL JL % -,%W JL 'HE MICHIGAN DAILY 12~ Lugo" Edited and managed by students of the University of Michigan under the author ity of the Board in Control of student Publications. Published every morning except. Monday during the University year and Summer Session Member of the Associated Press The Associated Press is exclusively entitled to the use for republication of all news dispatches credited to it or not otherwise credited in this newspaper.. All rights of republication of all other matter herein also reserved. Entered at the Post Office at Ann Arbor, Michigan as second class mail matter. Subscriptions during regular school year by carrier, p4.00; by mail, $4.50. Member, Associated Collegiate Press, 1936-37 REPRESENTED POR NATIONAL ADVERTISING BY National Advertising Service, Inc. Colege Publishers Representative 420 MADISON AVE. New YORK, N.Y. CHICAGO - BOSTON - SAN FRANCISCO f LOSANGELES . PORTLAND - SEATmtE Board of Editors MANAGING EDITOR..............ELSIE A. PIERCE EDITORIAL DIRECTOR ......MARSHALL D. SHULMAN, George Andros Jewel Wuerfel Richard Hershey Ralph W. Hurd, Robert Cummins NIGHT EDITORS: Joseph Mattes, William E. Shackleton, Irving Silverman, William Spalier, Tuure Tenander, Robert Weeks. SPORTS DEPARTMENT: George J. Andros, chairman; Fred DeLano, Fred Buesser, Raymond Goodman, Carl Gerstacker. WOMEN'S DEPARTMENT: Jewel Wuerfel. chairman; Elizabeth M. Anderson, Elizabeth Bingham, Helen Douglas, Barbara J. Lovell, Katherine Moore, Betty Strickroot. Business Department BUSINESS MANAGER................JOHN R. PARK ASSOCIATE BUSINESS MANAGER . WILLIAM BARNDT WOMEN'S BUSINESS MANAGER ......JEAN KEINATH BUSINESS ASSISTANTS: Ed Macal, Phil Buchen, Tracy Buckwaltor, Marshall Sampson, Robert Lodge, Bill Newnan, Leonard Seigelman, Richard Knowe, Charles Colematn, W. Layne, Russ Cole, Henry Homes, Women's Business Assistants: Margaret Ferries_ Jane Steiner, Nancy Cassidy, Stephanie Parfet, Marion Baxter, L* Adasko, G. Lehman, Betsy Crowford, Betty Davy, Helen Purdy, Martha Hankey, Betsy Baxter, Jean Rheinfrank, Dodie Day, Florence Levy, Florence Michlinski, Evalyn Tripp. Departmental Manag rs .1 Cameron Hall, Accounts Manager; ichard Croushore, National Advertising and Circulation Manager; Don J. Wilsher. Contracts Manager; Ernest A. Jones, Local Advertising Manager; Norman Steinberg, Service Manager; Herbert Falender, Publications and Class- ified Advertising Manager. NIGHT EDITOR: WILLIAM SPALLER becomes hopelessly snarled and both sides de- cide : "We can't agree." The conferences take place at regular intervals, under the act's provisions, at "Industrial coun- cils" iwhich the state industrial welfare board is to help organize. These councils are to consist of representatives of labor and management. Mediation is provided by a "special board of mediation" which is to be created by the indus- trial relations board with the approval of both sides. If this is not agreeable the "industrial council" is empowered to appoint its own medi- ator who then may cooperate with the industrial labor relations board. Now the typical "industrial council" is that re- cently created in the UAWA-Packard agreement: "regular conferences, shall take place between the plant shop committee of the union and the management's representatives once each month at a time mutually agreed upon." Once such a council disagrees over a vital issue, the task of a mediator, if he is to bring about a settlement at so late a stage in the game, be- comes almost insurmountable. If however the mediator attends the regular conferences from the beginning he would be in a position to anticipate and prevent industrial disputes before they took form. Provided with adequate and impartial infor- mation (by investigators for which the act ar- ranges), he could judge the accuracy of man- agement claims that "lack of profits prohibit a wage increase," and union claims that "higher living costs require a wage increase." The plan is practical, for with conferences once a month in each plant, one mediator could act for many concerns. He would be powerless to vote (else he would find himself really an ar- bitrator by casting the deciding vote) but just as Governor Murphy in the General Motors strike, he would possess the information and im- partiality which is the basis of conciliatory meth'- ods. He would provide a balance wheel which would assist and maintain the democratic process in industry and end serious threats to industrial democracy before they can exert pressure. THE FORUM The Industrial RelationsAct. 0 THE "industrial relations act" pre- pared under the direction of Gov- ernor Murphy and. now receiving consideration by the State Legislature is a most significant document. It represents a synthesis of many experiences-notably in Australia, Great Britain, Canada and American states-with government intervention in labor disputes. While it is so generally worded as to allow di- vergent interpretations, its chief provisions in- clude: 1. A guarantee of collective bargaining rights for employees. 2. A state industrial relations board, with broad powers of investigation and mediation. 3. Registration of unions, requiring nearly all possible information except membership lists. 4. A requirement that all labor disputes shall be submitted to this board, and that all strikes and lockouts shall be unlawful during a pre- liminary period when these disputes are being investigated. 5. Extraordinary powers vested in the Gover- nor to postpone for an indefinite length of time strikes or lockouts when the "public interest" re- quires. This act will be modified in many respects be- fore it actually becomes a law. Governor Murphy unquestionably intended that this should be so. After careful study, it seems to us that at least these important changes are advisable: To The Defense To the Editor:. The Board of Education in Flint recently failed to renew the contracts of several prominent Flint school teachers on the grounds of alleged ineffi- ciency, incompeterce, and lack of general teach- ing ability. Four of these teachers-Caroline Stearns, Shirley Olmstead, Edmund Alubowitz, and Morris Roum, are members of the Michigan Federation of Teachers, which contends that " these teachers have had satisfactory teach- ing experience of from one and a half to 16 years. "It seems rather clear that, while not stated, activity in the American Federation of Teachers is the real cause of dismissal." Students at Flint Junior College came to the defense of Miss Stearns by presenting petitions bearing over 200 signatures to the school board. Several former Junior College students on the University campus disagree with the board's charges of inefficiency and incompetence direct- ed at Miss Stearns. All those who wish to vouch for her competency and to protest the board's action are urged to sign petitions to that effect which are already being circulated by the following students on campus: George Stevens, '39L, Shirley Sanford, '37, Donald Beebe, '37, Sim Dimitroff, '39M and F. Paul Probert, '37. Those desiring to register a personal testimony as to the teaching ability of any of these dis- missed teachers, are likewise urged to do so. Send all protesting correspondence to Ralph M. Free- man, Secretary, The Board of Education, Flint. Duplicate copies of such correspondence has been requested by the board's critics and should be sent to Mrs. Genevieve Evanoff, 1172 Oak Street, Flint. The Ann Arbor chapter of the Teachers' Fed- eration, we have been informed, has the Flint situation under observation and future action is at present being considered. This abridgement of academic freedom is but one of a number of precedents everywhere encroaching on profes- sional rights. We of the University who hold professional positions, or hope to in the future, should begin now to check such intimidation and prevent its repetition. -George Stevens, '39L. -F. Paul Probert, '37 Whom To the Editor: Answering Professor Slosson's letter called "Who Works for Whom," Mr. S. L. brought to light some ideas which I have heard before and after classes among a large number of intelli- gent students. Everybody knows that the function of a uni- versity professor is to preserve, communicate, and advance human knowledge but this ideal is rarely personified in the actual faculties of col- leges and universities. Let me remark at the starting that I believe in personal effort for learning and that the function of the teacher is to stimulate and guide the students. This is what we ask from our instructors, but do we get it? Not in every case. Why do some members of the faculty fail in their duties and leave bad im- pressions in the mind of the student? I have been following a course of lectures in a rather remote subject in order to guide my studies upon a branch of Medieval culture. Un- fortunately our professor cuts generally once a week (oftentimes two and three) lectures rarely and insipidly, reflecting an evident lack of in- terest for the student. In this particular case the class is wasting time and creating distaste c-4 .. .. -4- Tl i m -if-rn a oofthenv f -Cn BENEATH **** *****IT ALL~ SATURDAY was a great day for the Michigan delegation to the Derby. Last year it cost them 35 cents apiece to buy their way into the in- field, but Saturday they wriggled through a hole in the fence along the backstretch and planted their portable camp chairs across from the own- ers' boxes for a dime a head-while general ad- mission customers spent up to five dollars each to squint through periscopes from far up the track, and ended up by tramping over into the infield for a look at the races. THE DAY WAS PERFECT. Only faint wisps of white marred the perfect blue of the sky, and the hot sun rolled up sleeves and opened collars. By eleven o'clock the infield was begin- ning to fill up with both black and white, half of them were there to take money from the rest. Crap games, three card faro, touts, bookies, and the long-fingered gentry were all present -and very busy. Negroes were everywhere and kept up a continual din. Gangs of colored boys roamed through the crowd snatching everything not watched. I got up once to make a bet and a little darkie made off with my chair while Bill Bates was sitting right next to it. A few minutes later I saw a -big hulk of a Negro kick the legs out from'under a 15-year-old boy carrying a big basket of sandwiches and in an instant a hundred howling, scrapping colored kids were massed in a seething pile grabbing for the lion's share of the loot. SOME OF THE SHYSTERS have this three card game down to a rare science. There are three cards, two black and one red, and the object of the bettor is to guess where the red one is after the cards have been manipulated. These brothers have a line of chatter calcu- lated to suck in Mahatma Gandhi as they slowly flip the cards back and forth offering to pay you twenty for ten if you turn up the red one. They don't fool with small change. A fin is the least they'll cover ahd they often entice suckers into making bets of twenty bucks and more. And they entice a lot of people. They'll flip the cards slowly so that you can plainly see just where the red one is, but presto, it was the one next to it. Too bad! Another trick is for the manipulator to ap- pear to make an awkward mistake, and you, set to pick up some easy cash, find that he wasn't so clumsy after all. But the best act and the one that really tumbles the suckers is only put on by the past- masters of the art when they want to drum up business. The head shyster finally entices some- one to bet a fiver. The sucker picks wrong and in anger throws the card out over the crowd which is gathered around. The manipulator protests, sand when he turns his back to pick it up someone in the crowd grabs the red card and bends up a corner. When the shyster resumes his chatter he has a taker who wins, another, and another-all picking the red card by the bent edge. Someone inathe crowd shouts lets break this S.O.B. and another guy wins. A portly business man who has been watching the proceedings with a look of indifference now steps forward to take advantage of the situation. He's seen so many of these boys shake down suckers that it does him good to see one of them taken for a good ride. The shyster looks worried as the eager crowd jams around and he calls out in a shaky voice, "I got plenty more money, now who knows where the red one is." A half dozen see the bent edge but the big man steps forward and says, "I'll bet you a hun- dred dollars I can pick it." The shyster looks green, but the crowd behind him starts to clamor and threaten. He agrees and the big man with an air of tolerant amuse- ment turns up the card with the bent edge. It is black. . * * Sure, the whole thing was sucker bait. The first fellow, who threw the card away, was a plant, so was the fellows who marked it, so were the fellows who won on it, so was the angry fellow who stirred up the crowd. And then the shyster simply straightened the edge of the red card, bent the edge of a black one, and proceeded to hook the big business promoter like any common farm boy. Simple. AF TER watching this fascinating little spec- tacle your columnist sauntered up to the head of the stretch and was almost taken over the bumps himself. A rather seedy looking individual bummed a match and asked how he could get into the grand stand. Looking at the row of national guardsmen all along the rail I told him he couldn't and explained that you could see a good deal better from the infield. He said he didn't care, he wanted to get across and when I said that he could bet with the bookmakers and collect just as much as from the mutuals he muttered, "I never play the horses." "What's your racket, then mister?" I asked. At the same moment I got a glimpse of small narrow hands with slim digits and I didn't need his, "What the hell do you think," to draw my con- clusions. And so another Derby has come and gone, but the beauty of it is that next year and the year after, and the year after that there will be an- other Derby and anyone who really wants to can see the whole thing for a dime. should bear once in a while the frank opinion of (Friday, May 14, 2:30 p.m.) "VERTURE TO "DER FREI- SCHUTZ"-Weber. Unlike all too ac many musical masterpieces, Weber's th lomantic opera, Der Freischutz, was in hailed at its first performance at Ber- Bu lin on June 18, 1821, by both public m and critics as an operatic triumph-a sa triumph particularly of the new Ger- D man romanticism and nationalism (1 over the degenerate ostentatiousness va of Gasparo Spontini, then the reign- by ing idol. The Overture itself was ta wildly cheered, and had to be repeat- ed. th Although 219 of the 342 measures re in the Overture are actually from da the opera itself, there is no appear- tu ance of patchwork or of the kind of b melodic potpourri that serves as at many an operatic overture. The f form is entirely logical and sym- to metrical. In addition, the Overture d is highly dramatic, a quality which affected and influenced at least two to later masters-Wagner and Berlioz.IL The latter repeatedly pinnacled the L work in rhapsodic eulogies, as in his E "Treatise on Instrumentation," when e he speaks of the "dreamy phrase of J the clarinet, accompanied by a trem- olo of stringed instruments, in the midst of the Allegro of the Overture. 1 Does it not depict the lonely maid- H en, the forester's fair betrothed, who, H raising her eyes to heaven, mingles M her tender lament with the noise of e the dark woods agitated by the b storm? O, Weber!" Li O Berlioz! tU Songs-(Children's Chorus). The e first of the three songs to be sung by h the Children's Festival Chorus is "The Lass with the Delicate Air," a lilting ballad in the English folk w style by Michael Arne, a noted Eng- t lish musician and-strangely-al-e chemist of the middle eighteenth cen-f tury. The second is one of Schubert's d simplest yet most delightful melo- dies, "The Trout"-the tune of which he also used as the theme for a set of variations in his well-known pi- ano quintet of that title. The third, U and more modern, song is the "Lulla- r by" of Cyril Scott, contemporary i Engish composer, poet, and phil- T osopher, in which a simple melody is p given a subtle harmonization that is characteristically Scottian. SYMPHONY NO. S IN B MINORt (Unfinished)-Schubert. Of all t the mysteries which musical historys has unfolded perhaps the most in-O triguing of all, rivalled only by the d enigma of Beethoven's "Immortal Beloved," is the question of "why" r the "Unfinished Symphony." It was not, like the uncompleted works of P other men, left so by the death of the composer; Schubert lived six years, his most productive years, after the completion of its first two movements and fragments of a third. Besides, the score was sent as it stands to the Musical Society of Graz, in gratitude for the composer's election as an hon- orary member-thus proving that, as far as Schubert was concerned, the work was "finished." Did other cares, other occupations interrupt? Did the fount of inspiration fail? Was the lyric rapture of the Allegro and An- dante evoked by some secret love affair which came to nought, and so b embittered the unhappy youth of 25 r toward the half-ripened fruit of his g emotion? c Or was it that, after an indifferent C attempt to round out the Symphony C along classic lines, he realized that c what he had written was no ordinary h sonata-allegro and contrasting slow I movement, demanding the relief of o a scherzo and lively finale, but the k well-rounded expression of a par-c ticular mood-a thing of beauty and t completeness following which a con-v ventional conclusion would seem in- t tolerable? Schubert may not have reasoned it all out along these lines, I but he was too sensitive an artist notI to feel instinctively when he had saidr all he had to say.t Like many other of Schubert's1 works, the B minor Symphony was not made known to the world untilg years after his death. In 1865 af Viennese conductor, Johann Her- beck, heard a rumor of the existence of such a score, and succeeded in un- earthing it from amongst a pile ofj yellowed manuscripts in the pos-( :ession of the aged director of the Musical Society of Graz, to which Schubert had sent the score in 1822. At its first performance, in Vienna, Herbeck "finished" the work with the rather mediocre Presto finale from Schubert's more puerile Third Symphony. "Finished" is probably the word! SPRING ]RAPTURE-Gaul. Harvey B. Gaul was born in New York City in 1881, studied in New York and Paris, and has held positions as or- ganist, teacher, and critic in New York Cleveland, and his present home Pittsburgh. Another cantata of his for children "Old Johnny Ap- pleseed," was performed at the 1931 Festival. The cantata Spring Rapture, whose text was written by Nelle Richmond Eberhart, is something of an answer f to Shelley's question. "If Winter MayFestival Program Notes THIRD CONCERT (Continued from Page 2) f i ademic year, 1936-37, are informed t at an examination will be offered2 Room 103, Romance Language iilding, from 9 to 12, on SaturdayI orning, May 22. It will be neces-c ry to register at the office of theI partment of"Romance Languagest 12 R.L.) at least one week in ad- nce. Lists of books recommended the various departments are ob- inable at this office.1 It is desirable that candidates for+ e doctorate prepare to satisfy this quirement at the earliest possible te. A brief statement. of the na- re of the requirement, which will found helpful, may be obtained the office of the Department, and rther inquiries may be addressed Mr. L. F. Dow (100 R.L., Satur- ys at 10 a.m. and by appointment). This announcement applies only >candidates in the following de- artments: Ancient and Modern anguages and Literatures, History, conomics, Sociology, Political Sci- ce, Philosophy, Education, Speech, ournalism. Master's Degrees in History: Can- idates for the Master's Degree in istory are asked to register in the istory Department office before onday, May 17, for the language xamination to be given at 4 p.m., riday, May 21. Candidates must ring their own dictionaries. Copies f old examinations are on file in he basement study hall in the Gen- ral Library. The examination is one our in length. Juniors concentrating in English ho wish to apply for admission to he Senior Honors Course should ave. their names at the English of- ce, 3221 Angell Hall before Satur- ay noon, May 15. W. G. Rice. Concert Carillon Recital: Wilmot F. Pratt, fniversity Carillonneur, will give a ecital on the Charles Baird Carillon n the Burton Memorial Tower, hursday afternoon, May 13, at 4:15 .m. May Festival Concerts: May Fes- ival concerts will take place as fol- ows: Wednesday, May 12, 8:30 p.m. Kir- ten Flagstad, soloist. Philadelphia )rchestra, Eugene Ormandy, con- uctor. Thursday, May 13, 8:30 p.m. Lau- itz Melchior, soloist. Miscellaneous rchestral numbers. First American erformance of "The Seasons" by THE=ATRE. The Dramatic Seasons EDITOR'S NOTE: The article by Prof. Kenneth T. Rowe on The History of the Dramatic Seasons which appeared in this column yesterday inadvertently led into another article not by him. The continuation of Professor Rowe's account of previous Dramatic Seasons appears below. Another kind of achievement has een the bringing to Ann Arbor di- 'ectly from New York of distin- uished productions with the original asting in the leading parts as Jane ,owl in Twelfth Night, Edmund Gwenn in Priestley's Laburnum Grove, and Nazimova in Shaw's The Simpleton of the Unexpected Isles. Most notable of all, each season Mr. Henderson obtains in some mysteri- ous way known only to himself, for ] know of no parallel elsewhere, pro- duction rights for one to three o the outstanding hits of the seasor while they are still at the height o their Broadway runs. Private Lives There's Always Juliet, The Anima Kingdom, Another Language, Desig For Living, She Loves Me Not, Par- nell were among such productions the plays everyone wanted to see i: they could have got to New York. Th list is to be continued this spring witl Tovarich and Coward's Tonight a 8:30. In such plays Ann Arbor is ac tually given contact with Broadwa in representative plays while fres and of current interest. This aspec of the season has been balanced b: revivals of classics. Plays by Soph ocles, Euripides, Shakespeare, Con greve, Tchekov, Strindberg, and Ib sen have been presented. This yea .t will be The Merchant of Venici Variety of another kind has bee: added with an American premiere c Alfred Sangster's The Brontes and first production of a new America: play of a coal-miners' hunger-strik The Ugly Runts. Robert Henderson conceived Drama Festival in Ann Arbor, and he now organized and directed seve seasons, with an eighth approachin Devoted and invaluable assistance i the business management was give throughout by Mrs. Henderson, who: recent loss was so deeply felt in t1 community. In 1931, Professor O,, car J. Campbell proposed a Civ Committee to sponsor the interests the Dramatic Season and to give ac visory assistance on selection of play and financial matters. Profess( Campbell was the first chairma siive hr rnf P n fessom owrdMnm .r DAILY OFFICIAL BULLETIN Publication in the Bulletin is constructive notice to all members of the Vhaiversity. Copy received at the offio. . ath. AssI-tat t* tb. Pre.ie.t ==M 3:30; 11:00 a.i. an Saturday. Fogg. Excerpts from Wagner's "Pa- sifal." Philadelphia Orchestra and the Choral Union; Eugene Ormandy and Earl V. Moore, conductors. Friday, May 14, 2:30 p.m. Eugene List, pianist, soloist. Miscellaneous orchestral numbers. Young People's Festival Chorus and the Philadelphia Orchestra. Eugene Ormandy and Roxy Cowin, conductors. Friday, May 14, 8:30 p.m. Elisabeth Rethberg and Ezio Pinza, soloists. Miscellaneous artist program. Phila- delphia Orchestra, Eugene Ormandy, conductor. Saturday, May 15, 2:30 p.m. Jo- seph Knitzer, violinist, soloist. Phil- adelphia Orchestra, Jose Iturbi, con- ductor. Saturday, May 15, 8:30 p.m. Solo- ists: Elisabeth Rethberg, Thelma Lewis, Marion Telva, Arthur Carron, Carlo Morelli, Ezio Pinza. Verdi's "Aida" with Philadelphia Orchestra and the Choral Union. Earl V. Moore, conductor. May Festival Notice,: The sympa- thetic cooperation of concert-goers and of the general public is respect- fully solicited. Evening concerts will begin at 8:30 p.m. and afternoon concerts at 2:30 p.m. Please come sufficiently early as to be seated on time. Holders of season tickets are re- quested to detach proper coupons be- fore leaving home, and to present for admission, instead of bringing the entire ticket. Those leaving the Auditorium dur- ing intermissions will be required to present ticket stubs for re-admission. Visitors are not admitted to rehear- sals. Traffic regulations will be in charge of the Ann Arbor Police de- partment. Traffic will be prohibited in front of the Auditorium during concerts, except that taxis may load and unload in front of the Auditor- ium. Private cars will please use side entrances on either Thayer or Ingalls Streets. Inquiriesregarding lost or found articles should be made at the office of Vice-President Shirley W. Smith in University Hall. The University Musical Society will greatly appreciate cooperation in these and other respects in order to avoid all unnecessary confusion. Charles A. Sink, President. Lectures University Lecture: Dr. D. Donald Hudson, Land Classification Section, Land Planning and Housing Division, Tennessee Valley Authority, will lec- ture on "A Geographer's Contribution to the T.V.A." in Natural Science Au- ditorium on Wednesday, May 19, at 4:15 p.m. The lecture will be il- lustrated. The public is cordially in- vited. The Henry Russel Lecture: Dr. Charles Wallis Edmunds, professor of Materia Medica and Therapeutics, will deliver the annual Henry Russel Lecture at 4:15 p.m., Thursday, May 13, in the Natural Science Auditorium. His subject will be "Experimental Studies on Diphtheria Toxin."' On this occasion also announcement of the Henry Russel Award for 1936-37 will be made. University Lecture: Dr. W. H. Bu- cher, chairman of the department of geology and geography, University of Cincinnati, and exchange professor, will lecture on "Epeirogenic deforma- tion and the nature of its major rhythm," today 'at 4:15 p.m. in Room 2054, Natural Science. University Lecture: Bertil Ohlin, professor of economics in the School of Business Administration, . Stock- holm, Sweden, will lecture on "Swe- dish Economic Policy in Boom and Depression" at 4:15 p.m. on Monday, May 17, in Natural Science Audi- torium. The public is cordially in- vited. Mathematics Lectures: Dr. J. S. Neyman of University College, Lon- don, will give a series of three lec- tures on the "Theory of Statistics." The. first lecture of the series will be given this afternoon at 4:15 p.m. in Room 3017 Angell Hall. Sub- sequent lectures will probably occur I on Thursday and Friday at the same time. f Exhibition Exhibition, College of Architec- ture: An exhibition of the student work in design from member schools of the Association of Collegiate s Schools of Architecture, among hich 1 is included the University of ichi- gan College of Architecture, is eing 1 shown in the third floor exh ition 1 room of the Architectural B uing e This will be on view through y 13, e daily except on Sunday, from to 5. - The public is cordially invited. c f There will be an exhibition of rints - by the National Membership the s American Artists' Congress spo ored r by its Michigan Branch in Alpmni Memorial Hall through May 21, af- - * - frn-9 -n 0 4 I 1. A restriction of the powers given by the act to the Governor. The act provides: ".... and in the event that' any act herein declared to be in- compatible with the public peace, welfare, and safety (the Governor does the declaring) shall be committed by any person or group or organi- zation before such consultation (the Governor has "reasonable opportunity" to consult with the disputing parties) is formally terminated by the governor, it shall be the duty of the governor to take such action under the laws of this state or of the United States as he shall deem neces- sary and appropriate for the due protection of the public peace, welfare and safety." An anti- union governor could cripple lawful union activ- ities with this power. The least that could be- done would be to set a time limit for "formal termination." 2. Abolition of the definite penalties provided for violation of the act or interference with members of the board in the performance of their duties. It has been the consistent history of all attempts at government intervention in labor disputes that penalties provided cannot in fact be enforced. Further, success of government me- diation in collective bargaining has always been proportional to the degree of voluntary coopera- tion and whole-hearted support it has evoked. The setting up of definite penalties can only serve to impart an aura of threats and compulsion