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February 16, 1939 - Image 4

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The Michigan Daily, 1939-02-16

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Nation Loses Profound Social Engineer
In Retirement Of Mr. Justice Brandeis



t .-


. ,

Edited and managed by students of the University of
;ichigan under the authority of the Board in Control of
student Publications.
Published every morning except Monday during the
University year and Sumn r Session.
Member of the Associated Press
The Associated Press is exclusively entitled to the
use for republication of all news dispatches credited to
t or not otherwise credited in this newspaper. All
ights of republication of all other matters herein also
;Entered at the Post Office at Ann Arbor, Michigan, as'
econd class mail matter.
Subscriptions during regular school year by carrier,
4.00; by mail, $4.50.
National Advertising Service, Inc.
College Publishers Representative
Vember, Associated Collegiate Press, 1938-39

Board of.
Managing Editor .
Editorial, Director. .
Jity Editor .
Associate Editor
Associate Editor
Associate Editor
Associate Editor.
Associate Editor
Associate Editor
3ook Editor -
Women's Editor
Sports Editor .

. Robert D. Mitchell
* . Albert P. May10
. Horace W. Gilmore
. Robert I. Fitzhenry
- . S. R. Kleiman
. . Robert Perlman
* . .Earl Gilman
William Elvin
- . Joseph Freedman
- . . Joseph Gies
. Dorothea Staebler
* . Bud Benjamin

Business Department
Business Managers. s . . , Philip W. Buchen
Credit Manager . . . . Leonard P. Siegelman
Advertising Manager . . William L. Newnan
Women's Business Manager . Helen Jean Dean
Women's Service Manager . . Marian A. Baxter
The editorials published in The Michigan
Daily ire written by members of the Daily
staff and represent the views of the writers
Lipicoln Day Oratory
From Coast To Coast ..
. UT OF THE MANY Lincoln Day
O7speeches made by Republican ora-
tors Monday, two are of particular interest.
They show, it seems to us, two trends in thought
of rather considerable and significant distinc-
Mr. Herbert Hoover, addressing the main gath-
ering in New York City, asserted that "when
the great spirit of Abraham Lincoln looks through
the long corridor .of time upon the party he
founded he sees that from the day of his passing
on the torch, until the last day of the Republican.
Party in office, it held aloft the light of inalien-
able liberties of men. And he knows that party
never deviated from the Constitution which he
fought to preserve, either in letter or in spirit."
Mr. Hoover spoke at considerable further length,
running into five columns of type in Tuesday's
editions. He said nothing new; the speech was,
in fact, a rehearsal of the same arguments that
he has been using since 1932. He again denounced
New Deal spending, made charges of politics in
relief and accused the Roosevelt administration
of radical tendencies and of aiming at dictator-
Across the continent, at Los Angeles, Mr.
William Allen White stressed some rather less
tenebrous issues. "The Grand Old Republican
Party stands either on the brink of rebirth or
the rim of the grave," he told his listeners. "In
this new world, a world of social, economic,'
political and spiritual change, it is silly to insist
that we stand where we always have stood,"
he said. "If we keep on standing where we stood
15 years ago, we are going to be knocked into the
middle of next week." Drawing a parallel between
Lincoln's day and our own, Mr. White said that
"our national economy cannot survive with labor
as a commodity. . . Getting down to cases, sup-
pose we admit frankly that labor must come
into a new status, if you please. When we change
the status of labor, as for instance Lincoln
changed it with the scratch of a pen, we change
also the status of all that labor makes. That
means property. Property rights are bound to
shi t and change as the rights of labor expand.
1t is inevitable."
This sort of talk, candid and forthright though
it may be, is not likely to find much of an echo
from the gentlemen who sit behind the desks in
the private offices of the nation's banking and
manufacturing institutions and who furnish the
checking accounts for G.O.P. campaign expenses.
For the sensitive ears of these party angels,
the platitudes and sophistries of Mr. Hoover are
likely to possess far more charm.
Mr. White's remarks, however, are more likely
to impress the rank and file of the marginal vot-
ing public which makes election victories. If
President Roosevelt is to the left of this power-
ful group, as Mr. Hoover avers, Mr. Hoover him-
self is undoubtedly to the right of it. Whatever
the last election results prove, they do not prove
that the people are prepared to acclaim a re-
turn to the governmental methods of 1932. And if
the G.O.P. fals in line behind Mr. Hoover in-
stead of behind Mr. 'White, it wifl indeed be

In the retirement of Mr. Justice Brandeis from
the Supreme Court, the people of the United
States have lost more than a distinguished
jurist; from the day that the Boston "people's
attorney" was appointed to the High Bench by
Woodrow Wilson he has stood unchallenged as
the most original and stimulating economic
statesman in the national government.
Never so much as in our time has there been
in this country such wide-spread interest in the
essentially political functions of the court. Chief
Justice Hughes' laconic statement that the
judges of the court are the Constitution under
which we live and move, has become par't of
the folklore of the country. From a study of
Mr. Brandeis' written judicial opinions, his body
of social thought and his own integrated per-
sonal philosophy and viewpoint emerges a con-
cept of constructive judicial opinion and action
that brings "government by judiciary" to its
point of highest development.
For a complete estimate of the place of Mr.
Brandeis in the liberal tradition of America, it
is necessary first to remember that the forma-
tive years of his life, the years when he was a
practitioner of the law in the interests of the
whole community, fell in the "social justice"
period of American history the latter part of the
nineties and the first decade of the 20th century.
Born in frontier region of Kentucky, the inheri-
tor through his parents of an acute sense of
justice and liberty which they had carried to
America from the Europe of 1848, Louis Brandeis
stalked through resurgent pre-war America as
the flaming humanitarian answer to "those who
consider the constitutional phrases freedom of
contract and due process of law as forever 'pre-
venting a democratic majority from instituting
the eight-hour day and a minimum wage."
The years in which Mr. Brandeis was drafting
Savings Bank Insurance Acts, fighting for wo-
men's suffrage as a "human right," ardently de-
fending civil liberties, championing the trade-
union principle and battling the "money trust."
were the years in which American liberalism
was nearing its apotheosis. Characterized on the
one hand by the rise of powerful vested interests
which threatened to attain an unshakable grasp
upon the resources and government of the na-
tion, and on the other hand by such movements
as Populism, muckraking, the Single Tax, trust-
busting and the New Freedom, the perennial
American struggle between the democratic and
anti-democratic forces was being fought with
sincere, even if somewhat romantic and naive,
fervor and determination.
Progressive Philosophers
It was in this period of "America's-coming-of-
age," the period of the Wilsoian ascendency that
Steffens and Miss Tarbell and David Graham
Phillips shocked naive America with their ex-
poses of the machinations of the trusts and the
sorry state of municipal government; that Robert
La Follette was fighting the railroads; that Louis
A. Post was carrying on the fight for the Single
Tax and elementary civil liberties in the Public;
and that witnessed the publication of Walter
Weyls The New Democracy, Walter Lippman's
Preface To Politics, Charles A. Beard's An Eco-
nomic Interpretation Of The Constitution Of
The United State," Thorstein Veblen's Theory
Of Business Enterprise, and Herbert Croly's The
Promise Of American Life. And it is to this list
of progressive philosophers, historians and
economists that Louis Brandeis belongs-a com-
munion that was inalterably established in 1913
with the publication of his Other People's Money.

In 1913 the Pujo Congressional committee's
investigations-engendered by the public's in-
dignation at the facts presented by the muck-
raking crew-traced the vast concentration of
money and credit made possible by inter-locking
directorates, stockholdings and credit freezing.
Brandeis, as the Progressive movement's most
brilliant legal and statistical mind was the
logical man to voice the movement's attitude.
Other People's Money, his exposition of the
money trust, is as Beard has called it "an accur-
ate and lucid, systematic diagnosis" of the cen-
tralization of credit-the life-blood of the sys-
Set against this background, the economic
and social views that Mr. Brandeis expounded
in his 22 years on the bench can be more easily
understood and evaluated. Brandeis, spawned
by the populism of the West, and the Jeffer-
sonian spirit of the frontier has consistently stood
forth as a believer in "smallness" and in compe-
tition, and the preservation of these by state
interference if necessary-that is the essence of
his creed. Max Lerner, in an article in the Yale
University Law Review in 1932 has neatly
summed up Mr. Brandeis' economic principles
in these terms: "Wherever monopoly has taken
the place of former competitive units, he wishes
to restore and maintain competition; where in a
competitive situation unfair practices threaten
the competitive equilibrium he wishes to curb
them and so maintain the plane of competition;
where competition is impossible or undesirable
due to the nature of the industry, he wishes to
pattern the system of control as closely as pos-
sible upon putative competition."
Fight For New Freedom
The crucial premise in Mr. Brandeis' econom-
ic thought is that the things he is fighting-
"the huge and unwieldy corporation, the indus
trial monopoly, the unfair competitor, the pyra-
mided money trust"-are excrescences to be
lopped off, "pathological diversions of energy
to be brought back to their normal channels."
In this respect he is still carrying the banners
of the early Progressives: he and Beard and
John T. Flynn are still fighting the battle for
the society of the New Freedom, the land of
small, competitive business units, a batttle that
becomes more and more quixotic in the present
stage of American and world economic develop-
ment, but one that is understandable in the
light of the forces and movements that influ-
enced all these men. Berle and Means' The Mod-
edn Corporation and Private Property has re-
placed Other People's Money: the problem is no
longer one of "bigness" but the social control and
utility of the large units of production.
But if Mr. Brandeis' economic concepts have
been outmoded by the advance of the times, the
permanence and tistinctiveness of his concep-
tion of the "living law" is a valid and universal
contribution to American institutional life. The
Brandeis that stands out as a unique and heroic
figure in the continuous development of Ameri-
can liberalism is the man who insisted upon
the necessity of the "persistent application of
social intelligence to social problems," and upon
the inadequacy of any solution which did not
have behind it "the creative will of the people."
Brandeis is the pioneer in the development of
a jurisprudence built about social change; his
method of adjusting a body of legal rules to the
changing needs of' changing conditions and
social experiences, and the humanitarian and
ethical motivation of his judgments place him
in the front ranks of the body of men who have
contributed to the preservation and extension of
American democracy.

dy 9C £
THE fraternal bonds of one of the
ultra ultra frat clubs were serious-
ly tested one day this week when a
copy of the leftist Midwest Daily
Record was found in its gilded par-
lor. The alarmists mobilized and!
began a loud inquisition of the broth-
ers, to expose the tinted one among
them who was burrowing from with-!
in. Without avail the miniature Dies
Committee questioned several sus-'
pects, especially those lads who had
often expressed mild enthusiasm for
the New Deal and one in particular
who had visited Russia last summer
and who had uncautiously observed'
that "I think they've got something
In the midst of the investigation
it was discovered that the paper had
been brought in by a member of the
kitchen help, circulated accidentally
by the porter, whose social conscious-
ness hasn't developed to the extent
that he can yet distinguish betweenj
the Record and the Chicago Tribune.l
Incidentally, the only "ism" found
by the committee was a surprisingly
weak manifestation of fraternalism
-which made the house regret its
hasty inquiry. In the desk of one
frater was a list of his pet peeves,
and heading it were the names of
three dorm mates, two of whom were
among the snoopers.
* * * -
(Dedicated to the hero of the current
movie at the Mich.)
There's hair on your chest galore;
In fact, there's room for no more-_'
But you'll never be a he-man,
Pretty boy.
Pretty boy, pretty boy, pretty boy,
With your classic nose so lovely
And your devastating smile,
You couldn't be bad-could you?
It isn't quite your style.
You'll never be a he-man,
Oh, you'll NEVER be a he-man,
Pretty boy.
Pretty boy, pretty boy, pretty boy,
You have tried in recent pictures
To be rough and tough and bad
(Why, you've even grown full whis-
But you're still a dear, sweet lad.t
Oh, I'm so SORRY for you,
Pretty boy.
So sorry, oh, SO sorry.
Oh, I'm SO sorry for you,
Pretty boy.
Pretty boy, pretty boy, pretty boy,
In the Yankee Boy at Oxford-
My, that jungle on your chest!
And the way you ran those races!
(Are you sure you did your best?)
You'll never be a he-man,
Pretty boy.
Oh, YOU'LL never be a he-man,
Pretty boy.
Pretty boy, pretty boy, pretty boy-
Boy! and how you slugged the villain
When you dared to Stand and Fight,
'Tho your head was bowed and bloody
My goodness! what a sight!
Why don't you stay in love-scenes,
Pretty boy?
You're MUCH better when in love-
Pretty boy.
Pretty boy, pretty boy, pretty boy,
Won't you leave the rugged male-roles
To McLaglen, Alan Hale,
Wallace B., McLane and Bickford?
(Beside them you look SO frail!)
For you'll never be a he-man-
No, you'll never be a HE-manr--
Pretty boy.

* * $
THE pioneer spirit, despite recent
lamentations, is not dead. Two
Michigan men were hitch-hiking
from Detroit to Ann Arbor last Wed-
nesday, scheduled to classify on
Thursday. If we knew their attitude
toward education we might, by the
power of sympathetic insight, imagine
the thoughts assailing them when an
obvious Westerner, with a drawl and
ten-gallon sombbreror, picked them
up and complained of the loneliness
he was sure to feel on his long journey
back home. Home was New Mexico.
He'd sure welcome company; the
boys looked at each other, and in
that mutual exchange of glances must
have been the gleam of the founding
fathers, sometlging adventurous, en-
thralling, seductive.
They are now on a cattle ranch
near the Rio Grande, "eating steaks
cut out of a steer encountered on
their way back to the ranch house
from a morning of horseback rid-
ing;" and as guests of a gracious
rancher, whistling "I'm An Old Cow-
hand," and enjoying the uncontam-
inated open air-their spontaneous
vacation spoiled only by thoughts of
returning to this weather forecast'
er's enigma.
Osborn Supports

Publication in the Bulletin is constructive notice to all members of the University.
Copy received at the office of the Assistant to the President until 3:30 P.M.;
11:00 A.M. on Saturday.

(Continued from Page 2)
Sets. Will meet Mondays and Fridays
from 3 to 4:30, in 3011 A.H.
Math. 302, Seminar in Analysis.
Preliminary meeting for arrangement
of hours on Friday at 3 o'clock, 3201
A.H. Report on "Differential Opera-
tors" by Dr. Bartels. The probable
topic for this semester is "Modern
Theories of Integration."
Philosophy 132, intermediate course
in metaphysics and theory of knowl-
edge, will meet MWF at 10 in 205
Mason Hall.
Psychology, English 228. Class will
meet to fix schedule Thursday at 5
in 3126 N.S. instead of date given
in catalog.
J. F. Shepard, A. R. Morris.
Speech 31: All sections and hours
closed except MWF at 9, 4003 A.H.;
MWF at 11, 302 M.H.; T THS at 9,
4208 A.H.
Speech 32: All sections closed ex-
cept M W F at 10, 4003 A.H.
Exhibition of Water Colors by Ar-
thur B. Davies and Drawings by
Boardman Robinson, shown under
the auspices of the Ann Arbor Art
Association. North and South Gal-
leries of Alumni Memorial Hall; daily
from 2 to 5 p.m.; Feb. 15 through
March 1.
University Lecture. Dr. Alexander
Silverman, of the University of Pitts-
burgh, will speak on "Glass and the
Modern World" in the Chemistry
Amphitheatre at 4:15 p.m. today.
This lecture is sponsored by the
U. of M. Section of the American
Chemical Society.
French Lecture: The fourth lecture
on the Cercle Francais program will
take place today at 4:15 p.m., Room
103, Romance Language Building.
Prof. Michael Pargment will speak
on: "Les Ecoles Francaises."
Tickets for the series of lectures
may be procured from the Secretary
of the Romance Language Depart-
ment (Room 112, Romance Lan-
guage Building) or at the door at the
time of the lecture.

Oratorical Association

Course: Hector Bolitho, noted Eng-
lish biographer, will appear in Hill
auditorium tonight at 8:15 p.m. Tick-
ets rae available at Wahrs. The sea-
son ticket coupons for the Lord Stra-
bolgi lecture will admit.
University Lecture: The Right Hon-
orable The Earl Russell, Fellow of
Trinity College, Cambridge, will lec-
ture on "Space in Modern Philosophy
and Physics" on Saturday, Feb. 18, at
11 a.m., in the Rackham Lecture Hall
under the auspices of the Depart-
ment of Philosophy. The public is
cordially invited.
Events Today
The English Journal Club will meet
this evening at 8 o'clock in the West
Conference Room of the Rackham
Building. Dr. H. T. Price will speak
on "The . Methods of Textual Criti-
cism. Faculty members and graduate
students are invited to attend.
The Observatory Journal Club will
meet at 4:15 p.m. this afternoon,
Feb. 16, in the, Observatory lecture
room. Dr. Heber D. Curtis, recently
returned from a semester abroad, will
talk on "Impressions of English Ob-
servatories." Tea will be served at
Scimitar meeting will be held at
7:30 p.m. this evening at the
Michigan Union. All members are
urged to be present, for plans are to
be completed for an all-campus tour-
Varsity Glee Club: Regular rehears-
al tonight at 7:30.
Institute of the Aeronautical Sci-
ences: The University of Michigan
Student Branch of the Institute of the
Aeronautical Sciences will hold its
first meeting of the second semester
this evening at 7:30, in Room 1042
East Engineering Building. Professor
E. A. Stalker will give an illustrated
talk on the Boeing 314 and the Cur-
tiss-Wright 20 ships. All members
are urged to attend, since important
plans will be discussed. All persons
interested in the Society are cordially
invited to attend this meeting. Re-
freshments will be served.
Zeta Phi Eta: The first regular
meeting of the year will be held in
the Portia Room in Angell Hall to-
night at 7:15. It is imperative that
all pledges be prseent and on time to
discuss the pledge project.
University Girls' Glee Club: Re-
hearsal tonight at 7:15 in Game
Room of the League.
Spanish play tryouts will continue
today and Friday at 3 p.m. in 302 R.L.
American Country Dancing: The
first in a series of lessons in American
Country Dancing for faculty and
graduate men and women will be held
at the Women's AthleticnBuilding to-
night at 7:30 p.m. Those attending
are asked to wear rubber soled shoes.
Modern Dance Club: The Modern
Dance Club will meet this evening at
7:30 p.m. instead of Wednesday eve-
ning because of the concert.
The Class in Current Jewish Prob-
lems vill resume its meetings this
evening at 8 p.m. at the Hillel Foun-
dation. Dr. Isaac Rabinowitz will
speak on "The Problem of the Syna-
gogue as an Institution." All are wel-
The Interior Decoration Group of
the Faculty Women's Club will meet
at three o'clock this afternoon in the
Michigan League Building. Professor
Harlow O. Whittemore, Chairman of
the Landscape Design Department,
will give an illustrated lecture regard-
ing "Landscape Gardening on the
Home Grounds."

Coming Events
Fraternity Rushing Notice: All
those interested in registering for
rushing may do so at the Interfra-
ternity Council Office, third floor,
Michigan Union, any weekday, ex-
cept Saturday, between the hours of
three and five p.m. Fraternity Rush-
ing chairmen may obtain the names
of registrants by coming to the Coun-
cil 'office at the hours stated above.
The Suomi Club will meet Friday,
Feb. 17 at 8 o'clock in Lane Hall.
All students of Finnish descent are
cordially invited. Refreshments will
be served.
Dance Class Committee: All girls
interested in assisting with thebe-
ginning and intermediate dance
classes to be held in the League ball-
room on Tuesday and Wednesday
evenings respectively from 7:30 to
8:30 please meet Saturday, Feb. 18


TODAY by David

WASHINGTON, Feb. 15-Whatever else the
political parties may have learned from each
other in recent years, it is apparent that Lincoln
Day and Jackson Day dinners, besides being a
new means of replenishing campaign chests, now
have become instrumentalities for the release of
invective and criticism.
Time was when the birthdays of these two
great American Presidents were honored by
recollection of their individual achievements. Now
the custom is to use the birthdays as a vehicle for
mutual attack by the major parties.
What is .particularly absent in these party
gatherings is a constructive note. The Jackson
Day dinners were occupied, to be sure, with a
call to harmony inside the Democratic Party,
but the principal tirades were against the Re-
publicans. Similarly, this week, the Republicans
answer back with all the barrages of which their
orators are capable.
As for the innocent bystanders-the public-
who have little interest in politics as a game or
the devices used to arouse followers to party
banners, there is disappointment over the fail-
ure of either major party to develop a program
of hope and encouragement in these days of
national and international doldrums.
Economic Stagnation
Whether it is the Democratic criticism that the
Republicans have no sense of social responsibility
or the Republican counter-attack that an un-
balanced budget is creating economic stagna-
tion, the average observer does not see on the
horizon any statesmanship which is bold enough
to throw overboard the party recriminations and
point the way to national progress.

were eliminated as arguments through revised
policies by the Administration, there are few
here in either party who would then venture to
underwrite the nation's prosperity and guarantee
the immediate restoration of 10,000,000 persons
in jobs.
No Concrete Program
Even the relatively simple problem of finding
jobs for the 3,000,000 on WPA has brought no
plan from anybody inside or outside the Govern-
ment. The belief that these 3,000,000 human be-
ings can be turned out of the relief rolls and that
they will somehow find jobs is held by some
legislators, to be sure, but nobody with a know-
ledge of economic trends is ready to predict that
any such number of workers can be absorbed
in the next six months or even a year or two.
This has nothing to do, of course, with the
desirable logic of starting a cut-down so as to
cause some of the WPA workers to take jobs
that may be offered them and with other reme-
dial influences which would flow from a start in
the direction of real economy. But it has every-
thing to do with the fact that neither the Re-
publicans nor the Democrats have thought
through the major problems involved in the
economic disturbances through which America
is now passing.
He Was Right Then
It is significant that political circumstances
alter points of view. Former President Hoover
knows world economics about as well as anybody
in public life. His thesis in 1932 was that a
world-wide upheaval had upset American eco-
nomic stability. He was right then, in the view
of many of us. But today his principal grievances

'Innocent Merriment'
Gilbert and Sullivan's "Mikado" in
swingcopated form is the. all-Negroj
offering at the Great Northern The-
atre in Chicago that continues to
play to packed houses, with a road
tour and professional backing in pros-J
pect. The original libretto by W. S.
Gilbert remains practically untouched
in this brainchild of Harry Minturn,
Illinois director of the Federal The-
atre, but the catchy musical numbers
of Sir Arthur Sullivan are rescored3
in Count Basie style and the chorus
girls and nobles are all jitterbugs and
do everything but tear the roof down
with a Lindy Hop routine to the tune
of "The Flowers That Bloom In The
Spring." The swing music does not
run rampant throughout the produc-
tion and dialogue is straight except
when Ko-Ko (Herman Greene)
breaks through occasionally ashe
does when he closes the "Here's a
How-de-do" routine with "What a,
helluva mess this is."
The scene of this famous comic
opera has been moved from Gil-:
bert's Japanese townl of Titipu to,
an unidentified "coral island in the
Pacific" with a combination of Afri-
can and Japanese motifs. Clive Rick-
abaugh's sets feature weeping palm
trees and undulating waves of the
sea as background and are very ef-
fective in their simplicity.
The individual star of the show is
wholesomely funny Greene as Ko-
Ko, who has little or no singing
voice, but reads his lines in a honky-
tonk comic style and gets a great
laugh in his "Titwillow" rendition.
He is a gaping grinning Ko-Ko that
would amuse even Gilbert himself.
Singing honors go to Pooh-Bah (Wil-
liam Franklin) a solid baritone, and-
handsome Nanki-Poo (Maurice Coop-
er) a well-trained lyric tenor. Yum-
Yum (Gladys Boucree) sings well
and the Mikado (Edward Fraction)
attired in a flowing robe of red and
yellow stripes and a tall silk topper
bedecked with towering feathers, looks
very impressive but just mumbles his
hit tune, "I'm the Emperor of Japan"
and "Never a More Humane Mikado
Did Exist."

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