Mostly cloudy, warmer in
southwest, possibly showers ex-
treme west today.
I -+ -
Today's Election .. .
That's What's The Matter .
II Diuce, Der Fuehrer,
VOL. XLVIII. No. 8 ANN ARBOR, MICHIGAN, TUESDAY, OCT. 5, 1937
PRICE FIVE CENTS
- _ -.. 1 ....
In City Restaurants
Wlack Hears 'Nude Unisity unior Law Student Held
Court Delay DETROIT, Oct.4.-( )-Members
ofthe Detroit Board of Education l
A~4were divided today on a proposal that D Polic For. v.. u e
Levitt Moti fluoroscopic or X-ray examinations R eute
be substituted for nude "posture pho-
tography," intended to disclose phys-
Ex-Federal Judge, Boston ical defects among freshmen women
at Wayne University.
Lawyer Seek To Unseat The suggestion came from Frank
Justice From Alabama Gorman, a board member, in the
wake of comment aroused by dis-
closure that parents of two pupils
Nei ther Proposal had objected to their daughters be-
ing photographed in the nude.
Mentions Klan TieI
Attacking Of Policeman
Motion Based On Article
On Cleanliness Survey
Found, Gates Says
President Of Association
Refuses To Comment
On Charges Made
An immediate investigation into
the charges of unsanitary conditions
in local restaurants leveled by Dr.
Lloyd Gates, deputy city health com-
missioner and sanitarion to the Uni-
versity Health Service, was ordered
by the Ann Arbor city council at a
meeting last night in the City Hall.
Basing his resoluiton on the ar-
ticle which appeared in Sunday's
Daily, Alderman Clare Griffin, dean
of the School of Business Adminis-
tration, sponsored the motion for an
immedaite probe of the charges. It
was passed by unanimous vote.
Find Contamihated Food
In the article published by The
Daily, Dr. Gates declared that a re-
cent survey made under the direction
of the Department of Public Health
and Hygiene at the University dis-
closed serious evidence of contami-
nated food and utensils. He said
there was "urgent need for drastic
tightening of existing health and san-
Employes of one out of every five
restaurants had failed to observe ele-
mentary personal sanitation, con-
tinued Dr. Gates, stating that B-coli,
bacteria found ordinarily only in the
human intestinal tract, was present
in 25 per cent of the restaurants ex-
Hemolytic streptococcus, the germ
associated with common colds and
septic sore throats, he said, was
found in- 45 per cent of the resta.
Careless Washing Charged
In some restaurants as much as one
third of bacteria present on plates
and silverware before washing, re-
mained after they had been cleaned,
dried and set out for the next cus-
tomer, Dr. Gates asserted.
Business practices of certain firms
he said, have resulted in patrons be-
ing served with bootlegged food. He
cited two recent cases of trichinosis
as developing from the use of meat
which had not been inspected.
When questioned today in regard
to Dr. Gates assertions Albert Heald, I
president of the Ann Arbor Restau-
ranteurs Association and proprietor
of the Parrot, declared he had noth-
ing to say.
Nippon Artillery Hammers
Chinese Positions; Seek
To Take Shanghai
WASHINGTON, Oct. 4.-(IP)-Ja-
pan's new import restrictions caused
lively speculation among administra-
tion economic authorities today as
to how much they may curtail pur-
chases from the United States.
Japan, seeking to become econom-
ically self-sufficient and to concen-
trate resources behind its army in
China, decreed that imports of more
than 300 commodities will be pro-
hibited or held to a minimum.
SHANGHAI, Oct. 5.-(Tuesday)-
(IP)-Japanese Artillery hammered
Chinese positions today in a sustained
bombardment designed to crack the
Chinese line extending from the nor-
thern edge of Shanghai to the Yang-
The Japanese claimed minor ad-
vances along the front where a heavy
battle raged during the night. Chinese
however, asserted that they continued
to hold their positions.
A Japanese army spokesman pre-
dicted that by Oct. 10, the Chinese
National Holiday, "The Chinese will
not have much to celebrate." The
Chinese front at Shanghai, he said,
Vis like an open fan, with Chinese
withdrawing in the same way that a
fan closes, thus shortening the front."
The north station area of Shang-
China To Adopt
The urgent necessity for a power-
ful China to act the role of "husky
policeman" on the Pacific against
Japanese aggression was stressed last
night by Dr. Yuen Z. Chang, visiting
lecturer, before the Exchange Club in
Japan's intentions, as expressed in
the famous Tanaka document, pub-
lished in 1929, Dr. Chang said, are to
conquer China and monopolize that
part of the world.
On the basis of these aims and
their actual commencement in ac-
tion, Dr. Chang pointed out, with
Japanese incursions into Manchuria,
Chahar, and Suiyuan, China must
now utilize every force in its power to
block the. war machine of its neigh-
bor across the Yellow Sea.
The whole world, too, is interested
in seeing Japan stopped, and the
sooner, the less costly and dangerous
will be the campaign, Dr. Chang said.
Body In History
Enrollment Figures Reach
10,524; 222 Increase
Over Last Year Shown
The largest enrollment in the his-
tory of the University was definitely
assured yesterday when figures were
released by Registrar Ira M. Smith
showing a total of 10,524 students
had enrolled through Saturday, Oct.
This figure is an increase of 222
over the enrollment of 10,302 for the
Is Richard G. Eubank In This Scene? I
WASHINGTON, Oct. 4.-/P)-Jus-
tice Hugo L. Black unsmilingly took
his place at the majestic mahogany
bench of the Supreme Court today
and, staring straight ahead, heard
his colleagues postpone action on a
motion designed to unseat him.
With a minimum of words, Albert
Levitt, former federal judge for the
Virgin Islands, informed the ~tribunal
he had filed a motion asking permis-
sion to challenge Black's eligibility
on constitutional grounds.
"You may submit the papers,"'
Chief Justice Hughes replied.
Patrick Henry Kelly, angular and
insistent Boston attorney, also at-
tempted to address the Court on E
second and similar motion, but de-
sisted at Hughes' request and sub-
mitted his motion in writing to El-
Miss Eline Von Borries, physical
education director at Goucher Col-
lege, said silhouettes taken on bro-
mide paper have been used there for
at least 17 years. The subject's face
is turned away so she cannot be iden-
Dr. Lida Lee Tall, president of the
State Teachers College at nearby
Towson, said such "black on white"
pictures have been used there for the
past six years with both men and
women students being photographed.
Move May Hit
more J. " Cropley, the clerk of the I -
Crowd Fills Courtroom President Ruthven Makes
Both motions were separate and No Comment On Possible
distinct from the controversy over X1$0 00Reduction
Black's admitted former membership $ , Rt
in the Ku Klux Klan, which brought
a crowd that filled every cranny of Possibility that the University may
the courtroom and overflowed into lose $180,000 of itsaState appropria-
long queues in the corridors outside. tion loomed today as part of cover-
Levitt contends that under the nor Murphy's budget balancing pro-
law the retirement last June of As- gram which was announced yester-
sociate Justice Willis Van Devanter, day.
whom Black was appointed to suc- President Ruthven said yesterday
ceed, created no vacancy. He also that he had not yet been contacted
argues that, even if a vacancy exists, about the proposed appropriation
Black is ineligible because he was a slash and that he had made no ap-
member of the Senate which passed pointment with Governor Murphy.
the retirement act, permitting jus- He had no comment to make upon
tices to retire at full salary. the possible cut and plans to leave
Kelly told reporters he went far- tomorrow to take part in an academic
ther than Levitt. He said his con- program at Cornell University Friday.
tention was that the retirement act Reduction in University$funds'
is "clearly unconstitutional," and would come as a part of the $12,000,-
that, if the Court upholds his view, 000 which the Governor and Harold
Van DeVanter "must return to the D. Smith, Budget Director, have
bench andBlack° go off.'" sliced-from' the $15,000,000 deficit left
dBgins A oon by the last Legislature.
Promptly at noon, :.lo to the ac- Governor Murphy according to re-
companiment of the traditional ports from Lansing had planned a
"oyez, oyez," the white curtains be- conference with President Robert S.
hind the bench parted. Hughes Shaw of Michigan State College yes-'
-Courtesy of Panorama.
Above is a photograph taken just before Officer Rolland "Barney"
Gainsley (above) was kicked by a member of the student mob last
Friday. Eubank is allegedly the tussler with his back to the camera.
Tear gas may be seen in the lower left. The scene is the southwest
corner of Liberty and State Streets.
ByCIOAF Of L
Election Officials Prepare
For Vote Of 300,000
In Poll Tomorrow
corresponding period last year. Th
of 7 stepped from the center. Hugh terday and with President Ruthven DETROIT, Oct. 4.-()P)-The Com-
report also shows that a total called fr motions for admission to later in the week. +
562 men and 2,962 women had en- bar, mndthey follo i wha The appropriation as passed by the mittee for Industrial Organization
rolled in the University through lasL seemed interminable succession to Legislature amounted to $4,673,253.58 and the American Federation of La-
Saturday. those who were eagerly curious as to this year as compared to a total of bor, seeking control of the city gov-
The freshman enrollment of 1,662 what disposition would be made of $4,110,210.98 last year. ernment, carried on their campaigns
students this year is a slight decrease the Levitt motion. ;n behalf of mayoralty and council-
under the enrollment of 1,672 last At the end of the session, and after Governor Defends Act manic candidates in tomorrow's pri-1
year. The literary college leads the Hughes had announced a recess until mary election here right up to the last;
list of schools and colleges with an next Monday the court arose. As the LANSING, Oct. 4.-(P)-Governor minute tonight.;
enrollment of 1,142 freshmen, which justices filed out; Black smiled for Frank Murphy said today that econ-
is a decrease of 29 under the enroll- the first time, a broad grin, appar- omy restrictions would leave the Uni- Five candidates for the mayoralty
ment figure for the same period last ently evoked by something Justice versity of Michigan and Michigan appeared before radio microphones]
year. Roberts had said to him. State College "the largest budget in- or at meetings throughout the city as+
Other schools and their freshman Levitt said everything had gone creases ever." election officials prepared for a vote'
enrollment are: the engineering col- just as he expected. Administrative reductions, he said, approximating 300,000 tomorrow. Full
loppe_$186930.8_froUnivrsit election boards were assigned to
lege, 374; the College of Architecture, lopped $186,930.58 from University
58; the School of Education, 21; the funds, which the legislature had ear- handle the vote. The city has a total
School of Music, 42; the College of roups er fixed at $4,730,253.58. TheState registration in excess of 600,000. The
Phrac,9 n tedeeemn o College cut was $316,017.69, he said, highest vote ever cast in a Detroit
dental hygiene, 16. f r compared with an appropriation of primary was 26,971 in 1931. Two
Inth ltear cleg, heenir cioiarshIp approximately $2,600,000. years ago 86,338 votes were cast in the
enrollment figure of , tuentired With the reductions, Murphy ex- fall primary.
isa slight decrease under the e innners L e plained, the University funds still It is through the mayor's appoin-
ment of s4,684rasundarortheeriodl- Swill exceed by 8.7 per cent the amount tive power and a majority of the city
enthfi4r84 st yarda ir ctoer.d available during the fiscal year 1935- council that the municipal govern-
ending the first Saturday in October. 36. State's net increase will be 40.5 ment can be controlled. Patrick H.
Tre ineein eollent w th larships, given by the University in per cent. O'Brien, former circuit judge and
agest increase in enrollentuithconnection with various oraniz Murphy conferred today with Dr. state attorney general and several
over the same period last yearu The tions and persons, were announced Robert S. Shaw, president of State times a democratic candidate for
overdheuameh pio d te. The yesterday by Dr. Frank E. Robbins, College, and said he would discuss Congress or the governorship, is the
Graduate School showed the next assistant to the President. the University of Michigan reduction CIO mayoralty candidate. Heading
largest increase with a total enroll- The United States Army Veterans' with President Ruthven later in the the A.F. of L. endorsed slate is John
ment of 1,496, or an increase of 107 scholarships, amounting to tuitionjweek. W. Smith, now president of the city
students. for the year and given by the Uni- council and former mayor.
Other schools and their total en- versity upon recommendation of the ! If elected in November one of these
rollment are: the medical school, 477; Adjutant General of the Army, were Progressives would name the heads of 70 city de-
the Law School, 540; the College of awarded to Anthony Engelsman, r spartments including police commis-
Pharmacy, 72; the School of Dentis- Grad.; E. H. Cramer, Grad.; L. C. rT o .e rTalk sioner, public works commissioner
try, 164; the College of Architecture, Deising, Spec.; and Dr. R. M. Hen- O iiear a K and other important divisions of the
320; the School of Education, 338; drick, Grad. ' city government.
the School of Business Administra- Barbara Bradfield, '38, was given B Pro f Fuller Control of the city council is sought
tion 136; the School of Forestry and the John Blake Memorial scholar- * with candidates for five of the nine
Conservation, 163; the School of ship. This gift amounts to tuition, seats. CIO candidates for these posi-
Nursing, 195 and the School of Music, also, and was made by Mrs. Katherine Prof. Richard C. Fuller of the so- tions are Richard T. Frankensteen,
233. A. Blake of Grand Rapids in memory ciology department will discuss "The Maurice Sugar, Tracy M. Doll, R. J.
of her grandson, who died in 1928 Student and the World He Lives In" Thomas and Walter P. Reuther.
while a student here. The award is at the second meeting. of the Pro- The A.F. of L. has given its endorse-
Furniture Strike usually presented to a graduate of I gressive Club at 8 p.m. Wednesday, ment to present council members.
the Grand Rapids Junior College. Oct. 6, in Room 318 of the Union. j
Hits Fifth Factory, Fred J. Green, '40A, and William! Membership cards will be distrib- ;M did .bj. te
F Connors, '41E, were the recipients of uted at the meeting and there will be
the American Indian scholarships. an explanation of the aims and ac- nTo B mr e
GRAND RAPIDS, Oct. 4.-(A)- These scholarships, presented upon tivities of the organization Tem-m ar ment
The United Automobile Workers recommendation of the office of In- porary committee heads will beI
Union's strike in Grand Rapids' fur- dian Affairs of the Department of chosen. MADRID, Oct. 4.-()-Central
niture industry spread to a fifth fac- Interior, amount to tuition for the The Progressive Club was organ- Madrid was subjected to a heavy
tory today after a police-picket clash year, also. ized last year to promote peace, se- bombardment today in retaliation for
at another plant. tobeI____cedIby curity, racial and social equality and a surprise early morning government
The strike is the Widdicomb Furnf-e b e e o n l To the preservation of academic free- attack south of the city, which ad-
therke isythe W ion Fui-1 dom and civil liberties. vanced Loyalist lines 800 yards be-
claimed that the walkout of 175 fiia rspTuure Tenander, '38, associate ed- yond Usera.
claikedstmadtthesakoutofreet Tonmorrowitor of The Daily, will be the meet- Working secretly from the bloody
workers made the strike 100 per cent'g
aiPff4,,n rP ( ,-nnnv.n.~inin mora nn n's chairman. trench wxhich fhev par~*,v,'w'l ln~racl
Howard M. Jones
Will Publish Book
On Thomas More
The forthcoming publication on
Oct. 8 of a new book by Prof. Howard
Mumford Jofies from material gath-
ered while on leave from the Univer-
sity was announced today by Prof.
Karl Litzenberg, of the English de-
Until recently a member of the
English department, Professor Jones
is now on the faculty of Harvard
University. The book is a biography
of Thomas More entitled "The Harp
That Once," which follows a line
from one of More's poems.
Professor Jones was teaching at
the University at the time he was
awarded the Guggenheim fellow-
ship to continue his research at
London and Bermuda. According to
Professor Litzenberg, the book is not
only a biography of More but also
"contains scholarly information about
the social and political life in the
To Help Direct
Whitford Kane, coming directly
fromEhis engagement in the success-
ful "Excursion" on Broadway, will act
as guest director and male lead in
the same play to be given here the
week of Oct. 25 as the first offering
of the current Play Production sea-
Mr. Kane will arrive in Ann Arbor
Saturday morning when he will im-
mediately go into rehearsal, it was
announced by Valentine B. Windt, di-
rector of Play Production and head
director of "Excursion." The cast of
more than 40, with the exception of
Mr. Kane, will be entirely composed
of Play Production students.
Mr. Kane was scheduled to appear
here during the Summer Session of
the Michigan Repertory Players but
was delayed because of the extended
Broadway run of "Excursion." This
will be the first non-professional pro-
duction of this play, which is a fan-
tastic comedy written in a light vein,
according to Mr. Windt. Mr. Windt!
emphasized the desirability of pro-
ducing this play because the large
cast needed will give many students
the opportunity to appear in this
Farm Bill, Court Get
ST. PAUL, Minn., Oct. 4.-i')-
President Roosevelt, in a series of
1 cinifnan. eaa a r _ irn- _+",
Published Letter To Editor
And Photograph Said To
Have Caused Arrest
Richard Eubank Is
Released On Bail
Faces Prison Term Of Two
To 10 Years If Convicted
A letter to the Editor of The Daily,
>ublished Sunday, brought the ar-
'est yesterday of Richard G. Eubank,
39L, 21 years old, in connection with
he pre-football game riot here Fri-
lay night. He is charged with felon-
,us assault upon Patrolman Rolland
'Barney" Gainsley, who was kicked in
;he groin during the riot.
Eubank faces a prison term of from
two to ten years if convicted, accord-
ing to Prosecutor Albert C. Rapp.
Eubank stood mute when arraigned
yesterday before Justice Jay H.
Payne. Examination was set for Oct.
14. He was released yesterday af-
ternoon on $1,000 property bond.
Letter Causes Suspicion
He was first suspected as the one
who kicked Officer Gainsley when
iis letter appeared in The Daily. The
;oliceman's assailant was said to have
asked Gainsley for his badge number.
Eubank said in his letter that he had
zsked "officer 18" for his number.
Later Rapp received a photograph
allegedly showing Eubank tussling
avith Gainsley. The picture was taken
by a Panorama staff member but,
?anorama editors said, was taken
from the office when it was needed
for printing in the issue which will
Police said they had Eubank's de-
scription and several witnesses to
his alleged assault upon Gainsley be-
fore they received the photograph.
Officer Gainsley was released from
St. Joseph's Mercy Hospital Saturday
night so that his marriage yesterday
might not be delayed. It was report-
ed at the hospital that he may return
3oon for an operation.
Says Gainsley Walked Around
At his arraignment Eubank said he
"didn't think" he was the one who in-
jured Gainsley, because he said he
had seen Gainsley walking around
after he scuffled with him.
Justice Payne interrupted to warn
him of the seriousness of the charge
and advised him to stand mute until
he had retained counsel. He accept-
ed the advice and was returned to
the county jail where bond was fur-
nished by George Hanover of Ypsi-
In his letter to The Daily Eubank
said officer 18 (Gainsley) turned a
streaming tear gas pistol directly in-
to the face of a woman companion,
temporarily blinding her and causing
"much pain." He said the pistol was
then held up to his own face and,
when he complained, he said the ac-
tion was repeated. Copies of the let-
ter were also sent to Mayor Walter
Q., Sadler and the Ann Arbor News.
It was unofficially reported that
Gainsley walked by the corner where
his injury is said to have taken place,
at Liberty and State streets, with his
streaming. gun in hand, and that he
did not see the couple until after the
gas had affected them.
It was several minutes after being
attacked that Gainsley realized the
extent of his injury, it was reported.
George Burke, University attorney,
has been retained by Eubank.
Mystery Blast Ends
Pirate Sub Search
ALICANTE, Spain, Oct. 4.-()--
An exciting six-hour hunt for a pirate
submarine by seven British destroy-
ers and two seaplanes apparently
ended tonight with a mysterious ex-
plosion and fire at sea.
No explanation was given by the
searchers looking for a submarine of
unknown nationality that earlier
launched a torpedo against a British
Shore observers, however, heard