P THE MICHIGAN DAILY FRIDAY, MARCI
[ 31, 1939
Whitney And Cooley
ry Machine Politics
e Ends_ Monday
but three days remaining be-
e bitterly fought Board of
contest will be decided at the
. A. S. Whitney, Dean-Emeri-
he School of Education, and
timer E. Cooley, Dean-Emeri-
the College of Engineering,
ued statements on the elec-
th indirectly hit at the candi-
Harry G. Kipke, former head
a period of 58 years, I have
each and every regent of the
ty-many of them intimate-
an Cooley declared. "I know
Lve been free from political
:e in their service to the state.
s is the first time in all those
s that I have ever seen such
cal sponsorship for a candi-
regent as in this case."
s statmpent; Dean Whitney
"It is imperative that its
ducational system's) manage-
id leadership be entrusted to
y best intelligence and inde-
action that can be obtained.
its 100 years, the University
Igan has enjoyed the services
d women of maturity and ex-
No other type should be
e same time the Alumni CQm-
announced in Detroit that ap-
15,000 Michigan teachers to
ainst the introduction of poli-
fluence into the regency of
versity" are being mailed from
rbor to teachers throughout
clared judging was underway
"Why I Object to Harry G.
Candidacy to the Board of
Popular Election Of Judges Decreases
Fificiency On Bench, Harley Declares
By WILLIAM ELMERI
The amendment proposing non-
partisan election of judges that will
be put up before the voters of the
State this Monday, may, if approved,
decrease the efficiency of the bench
rather than increase it, Herbert Har-
ley, secretary of the American Judi-
cature Society stated yesterday in an
However, MrV Harley said, the voters
are very likely to approve the amend-
ment because they are so confident
in their ability to manage matters of
political nature. This confidence has
been established in them through the
ever-expanding policy of putting poli-
tical questions, even judicial questions
up to the voter.
Voters Are Incompetent
"The absurdity of this belief," Mr.
Harley pointed out, "is obvious when
we stop to think that very few of
the voters have any idea of the quali-
fications of a judge. And very few"
voters are competent to judge qualifi-
cations for a judicial office of any
particular lawyer. The result is that
most voters will vote for the nomina-
tion and election of candidates who
can make the most pleasing speeches
and the most appealing promises."
The Wayne County Circuit Court'
has at the present time an excellent
system of _administration. Detroit
people fear that a swing favoring the'
Democratic party might disrupt this
system in the next election, Mr. Har-
ley said. Years ago the court lacked
direction, with no judge to allocate
the work, the result being that dock-
ets became overloaded to the point
that jury trials were not tried for
three years after they were entered.
Efforts were made by Michigan law-
yers and legislators to correct this by
introducing a bill in the State legis-
lature. In doing so, they were guided
by the successful experience of the
Cleveland Bar Association which se-
cured a law providing an executive
judge. The Michigan bill called for
such an executive judge to admin-
ister the work of the Wayne County
circuit court judges. But influential
judges opposed this bill. They prom-
ised Governor Groesbeck that they
would appoint sucp a judge volun-
tarily. The judges lived up to this
promise and with the appointment
of Judge Ira W. Jayne, the Wayne
County Circuit Court was brought up
to a level of efficiency equal to any
large city court in the United States,
Mr. Harley declared.
1935 Election Satisfactory
In the 1935 election, people who
understood this arrangement feared
that some'of the judges would be de-
feated, thereby destroying this fine
record, Mr. Harley said, but t56y
made a desperate fight and preserved
this successful system of cooperative
"Now, if party lines are abolished,
the judges of this court being well
known to the public, will prettly well
be assured of reelection," Mr. Harley
said. "But in the next election in
1941, many of the present judges will'
be too old to continue in office and
the possibility is very likely that feel-
ing at that time will result in the
election of judges who prefer, as so
many do elsewhere, to be without
Patriots Like Supervision
Nevertheless, there are many patri-
otic voters who have confidence in,
the principle of supervision, Mr. Har-
ley said. They think that difficult
problems of government are best
solved by presenting them to the elec-
torate. The result is, Mr. Harley de-
clared, that the last vestiges of re-
sponsibility on the part of legislative
and executive officers is destroyed.
Wherever there is a successful form
of government, it is founded upon in-
dependent responsibility of officials'
just as successful business is founded.
"There is nothing new about non-
partisan judicial nominations and
elections," Mr. Harley stated. "Ohio
has had such a system for many
years. And while the system suits
some of the people and most all of
the politicians perfectly, it is bitterly
regretted by those who have a true
picture of conditions. One can't con-
demn non-partisan elections, how-
ever, and then turn around and de-
fend party elections of judges. How-
ever, judges-Democratic or Republi-
can-have virtually never been ac-
cused of deciding cases from partisan
prejudice. They rarely get/any such
The main defect of our present
party nominations is that first one
party and then the other succeeds in
having their candidates elected, so
that judges are, often defeated for
reelection, Mr. Harley said. "Fear of
having a short tenure therefore pre-
vents the more able lawyers from
candidacy and this fear may likewise
dominate the thinking of judges. They
see that they must be good politicians
whether or not they become able
judges. But under the present system
at least, the politicians do the work
of getting the candidates elected and
they must, to a certain extent, secure
a fairly good man to keep their own
The ideal method, Mr. Harley
pointed out, would be to have a state
p u b I i c non-partisan commission,
which would nominate three or four
candidates for each judicial vacancy
and then the governor would appoint
from that number.
"There is no certain harm in turn-
ing a politician into a judge. He may
become a good judge. The curse of.
the elective system is the conversZ,
that it turns almost every judge into
Mrs. Louise Swain Dies
Mrs. Louise R. Swain, '98, wife of
Mr. George R. Swain, official photog-
rapher for the University, died yes-
terday afternoon due to embolism fol-
lowing a serious abdominal operation.
Lower House At Lansing
Returns 'Hot' Measurel
To Health Committee
LANSING, March 30. -(PA- The'
House of Representatives sought to
learn today why one or its "hot pota-
toes"-a bill imposing a strict ethical
code on the dental profession-was so
The chamber sent the bill back to
the public health committee for fur-
ther study at the request of Rep.
Charles R. Feenstra, (Rep.), Grand
Rapids, who said he had heard rumors
concerning activities by pressurel
groups interested in the fate of the
Motion Fought On Floor
Feenstra, a member of the health
committee that released that bill, told
the chamber "'I have heard since
that this is a hot potato and I want
to know what makes it hot."
His motion provoked a floor fight
with Reps. Fred J. Gartner, (Dem.),
Wyandotte, and Warren G. Hooper,
(Rep.), Albion, the sponsors of the
measure. Gartner charged "steam
roller" tactics were being employed
to take the bill from the floor.
Possible Money Interests
Feenstra said he did not intend to'
have the bill killed in committee, but
was interested only in determining
whether there was any truth to
charges that "money is interested in
this thing" and in bringing the facts
into the open.
The measure would prescribe strin-
gent ethical practices in the dental
profession, would banish the word
"painless" from advertising and pro-
hibit "fancy and unscientific" words
in dental advertising.
Phelps Attacks American
(Continued from Page1) ]
Finance declared that such action
was necessary since Argentina has
ihad a bad year and, as a debtor na-
tion, needs to reduce imports and
create a favorable trade balance. If
rigorously applied, Professor Phelps
said, this provision will decrease
American exports to Argentina by
approximately 40 per cent.
If the United States will ratify the
recommendation of the Sanitary
1Convention, Professor Phelps said, it
! will go a long way toward improving
Argentine-American relations. He
expressed the belief that if the Unit-
ed States took such action, which
would not be injurious to American
cattle raisers, because of the rela-
tively small amount of Argentine
meat products which would come in-
to the United States, Argentina would
raise the restrictions it placed on
American imports in the recent ac-
tion by the Ministry of Finance.
CHAMPAIGN, Ill., March 30.-
(Special to The Daily)-Precipitated
by the recent shooting of a University
of Illinois student, at a Negro vice
resort, reorganization of the Cham-
paign Ku Klux Klan. was announced
yesterday by C. J. Walters, local
"kleagle" of the hooded terrorists.
Although Walters asserted that the
revived Klan "would not preach race
hatred," he also indicated that it will
attack Champaign's Negro vice oper-
ators as part of its campaign to "pre-
serve civic morality" in the college
231 S. State at the head of Liberty
Ph. 5933 - 9242
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