THE MICHIGAN DAILY
SUNDAY, MAY 21, 1939
,.
[HE MICHIGAN DAILY
A View Of Mr.Justice Black
Charles P. Curtis, Jr., Boston Attorney, In The Atlantic Monthly
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Jane Moers
Harriet Levy
What sort of Judge has Hugo Black turned out
to be? When President Roosevelt unexpectedly
appointed him to the Supreme Court, there was
a public uproar of doubt and objection.
Hugo Black has now been almost two years
on the bench. He has taken sides in more than
200 decisions. He has written a good many
opinions. Can we form from his opinions an idea
of what sort of Judge he is, or what sort of Judge
he is going to be?
There is no need of defending Black's ability.
There are not many Judges who could write the
succinct, lawyer-like and pointed opinions he has
written for the court. There are fewer yet capable
of the clarity and power of his dissents.
Black is independent. If we take the 216 deci--
sions in which he took part in his first year and
a half on the bench, from October, 1937, through
Jan. 3, 1938, we find him dissenting 10 per cent
of the time. Many times he concurs only for his
own reasons. If we add those occasions, he dis-
agrees with the majority of his brethren, in
reason or in result, 16 per cent of the time.
He disagreed with McReynolds in one way
or another 35 per cent of the time, and with
Butler 27 per cent of the time. We might expect
that, but it is somewhat of a surprise to find him
striking off from Brandeis in 16 per cent of the
cases.
Black shows his independence in one way that
is particularly significant. Once out of every eight
times he agreed with none of his brethren. For
lone dissents I think that is a record. Not that
they will necessarily continue. He and Reed have
been drawing more and more together in their
dissents.
** * *
The dissent in the Florida fruit juice case is
a good one to begin with. Here is the gist:
"Under our constitutional plan of government,
the exclusive power of determining the wisdom
of this policy rested with the Legislature.ff
Florida subject to the veto power of Florid 's
Governor . . . The legislative history of (this
statute) indicates that it was given the careful
and cautious consideration which regulation of
one of the State's major industries deserved . .
This case offers an appropriate opportunity to
return to the wholesome principle stated by this
court in 1888, 'If all that can be said of this legis-
lation is that it is unwise or unnecessarily op-
pressive to those manufacturing or selling whole-
some oleomargarine, as an article of food, their
appeal must be to the Legislature, or to the ballot
box, not to the judiciary."
Here, at once, you get what seems to me to be
the clew to Black. When he picks up a statute,
he reads it like the experienced legislator he is.
Legislation has been his trade and his profession.
On the other hand, his colleagues are lawyers
first, and scarcely legislators at all. They, too, are
familiar, of course, with statutes, as much so as
he is, but they read them as Judges. Black's fa-
miliarity with them has come from making them.
Black feels the same way about administrative
law.
In the Connecticut General Life Insurance Co.
case, he startled the bar by wanting the court to
go back to a remark it dropped in an opinion in
1873, in spite of a subsequent line of decisions to
the contrary.
"I do not believe," said Black, "the word "per-
son" in the fourteenth amendment includes cor-
porations . . . A constitutional interpretation,
that is wrong should not stand. I believe this
court should overrule previous decisions inter-
preting the fourteenth amendment to include
corporations."
The fourteenth amendment, he said, "followed
the freedom of a race from slavery," and when
it was submitted to the people they "were told
that its purpose was to protect weak and helpless
human beings and were not told that it was
intended to remove corporations in any fashion
from the control of state governments." In 1873,
five years after its adoption, this court itself'
said: "We doubt very much whether any action
of a state not directed by way of discrimination
against the Negroes as a class, or on account of
their race, will ever be held to come within the
purview of this provision."
Then someone, Black said, dug up the journal
of the Joint Committee of Congress which drafted
the amendment and found an indication that
they intended to protect corporations as well as
Negroes. But a secret purpose does not justify an
interpretation, Black concludes.
Black is not subversive. He is simply disrespect-
ful of recent precedents. Black's regard for legis-
lation is something more than a prejudice against
corporations.
* * *
In the case of Collector vs. Day, Black came to
the conclusion that "the entire subject of inter-
governmental tax immunity" should be re-exam-
ined, particularly in view of the sixteenth amend-
ment, which authorizes Congress to tax incomes
"from whatever source derived."
Black proceeded to point out that the Con-
stitution does not require us to divide the public
into taxpaying and non-taxpaying groups, de-
pending on their functions. On the contrary, the
sixteenth amendment empowers Congress to
collect taxes on income "from whatever source
derived," and this-given its most obvious mean-
ing-is broad enough to allow Congress to tax
all public employes uniformly. That was Holmes'
view, and is the view of the President now.
Black's attitude is the same whenever tlhg
court reads into the Constitution what he does
not find there.
A couple of generations ago, the Judges be-
gan to think they could make better consti-
tutional law as they interpreted the Constitution
in their decisions than the legislators who were
implementing it with their statutes. However, the
more certain they became that their constitu-
tional docrine was better than the legislators', the
more of it they were tempted to make.
Only a few of them were aware that the legis-
lators were becoming more skillful taking their
work more in earnest, getting more trained ad-j
vice, showing more sophistication and conse-
quently more professional pride. Black's dis-
respect and distaste for judicial statesmanship
spring from the expert's respect for his own art.
Stone has said, "The only check on our exercise
of power is our sense of self-restraint." Some, like,
Holmes, have had the humility of great wis-
dom. Those with less wisdom have shown much
less humility.
-Charles P. Curtis, Jr. in Atlantic Monthly
dents' office. Applicants will be in-
terviewed at the Socialist House, 335
East Ann Street, on the following
two dates between 7 and 8 p.m. May
22 and 29.
Men's Cooperative Houses are now
receiving applications for member-
ship for the summer and fall terms.
Forms are obtainable at the office of
the Dean of Men; The Robert Owen
Cooperative, 922 S. State; The Roch-
dale Cooperative, 640 Oxford Road;
and The Congress Cooperative, 909
E. University.
Education Seniors: All Seniors in
the School of Education will meet to-
day wearing caps and gowns, at 4
o'clock in front of the General Li-
brary to take part in Senior Swing-
out.
Student Loans: There will be a
meeting of the Loan Committee on
Monday, May 29, in Room 2, Univer-
sity Hall to consider loans for the
summer session and the year 1939-
40. Applications for this meeting
must be filed in the Office of the
Dean of Students on or before Thurs-
day, May 25.
Waukegan Residents: Will the resi-
dent of Waukegan who recently lost
a pair of glasses in a car traveling
from Coldwater to South Bend please
communicate with the Office of the
Dean of Students.
Varsity Glee Club: All members in-
terested in the position of Business
Manager for the ensuing year please
submit a short letter of petition to
any of the officers before Tuesday
evening.
Academic Notices
Sophomore, Junior, Senior and
Graduate Students in Aeronautical
Engineering: Announcement is made
of a Civil Service Examination for
Engineering Draftsman. Applications
must be filed with the Civil Service
Commission by June 12, 1939. Those
interested may examine the an-
nouncement concerning this position
which is posted on the Aeronautical
(Continued from Page 3)
NIGHT EDITOR: WILLIAM ELMER
The editorials published in The Michigan
Daily are written by members of the Daly
staff and represent the views of the writers
only.
The 'World
Federal Uion'
. . .9
T HE MICHIGAN DAILY receives mail
every day from publicity depart-
ments of scores of organizations and institutions.
Most of these unsolicited letters are dicarded im-
mediately. But early this week we received a
sheaf of correspondence from an organization
known as the "World Federal Unionists," that is
of sufficient interest and importance to be dis-
cussed here.
Early in April Clarence Streit, for ten years
the New York Times' League of Nations cor-
respondent at Geneva, published a book called
"Union Now," in which it is proposed that the
democracies of the world join together, "not in
treaty, not in alliance, not in league, but in a
Union analagous to the American union."
"Union Now," may be the work of a dreamer,
an impractical idealist, but it has nevertheless
conjured up a vision of the greatest political and
economic opportunity in history. It has caused
the proponents of the libertarian school of eco-
nomics to indulge in delicious dreams of free-
trade and open world markets, and unrivaled in-
dustrial expansion. And it has become the holy
book of knowledge of that quaint group of surviv-
ors of the Wilsonian Millenium who have formed
the World Federal Unionists organization in
order to put into practice the ideas expressed by
Mr. Streit.
Mr. Streit would invite into his union, as
founder states, what he calls the "Atlantic dem-
ocracies." Certain democracies are temporarily
excluded for special reasons; but the plan is
"open-ended" and states will be admitted as the
world situation permits, providing they adopt a
bill of rights. Counting the independent domin-
ions of Britain as separate states, Mr. Streit
names fifteen founders, to wit: the U.S.A., Great
Britain, Canada, Australia, New Zealand, the
Union of South Africa, Ireland, France, Belgium,
the Netherlands Switzerland, Sweden, Denmark,
Norway and Finland.
Each of the citizens of this gargantuan democ-
racy would be a citizen of the Union, precisely as
each citizen of the forty-eight states is a citizen
of the United States. There would thus be formed
a new and gigantic nation of 280,000,000 people,
resulting, Mr. Streit claims, in the opening of in-
dustrial expansion that would raise the standard
of living of millions of consumers. The new
nation would have a capital of its own, an execu-
tive board, a senate and a house of representa-
tives; it would have. power to frame the union's
foreign policy, but with regard to internal mat
ters, its powers would be strictly limited. Inter-
nally it would be concerned with international
matters, just as the U.S. government is concerned
with matters interstate. Each of the constituent
democracies would retain its own autonomy,
would (with the exception of the specific powers
granted to the union) be absolute within its own
borders, just as each state in the American union
retains all the primary political powers.
There are, of course, a score of objections that
can be immediately raised: geography, the
strength of the nationalist idea, and the diffi-
culty of abolishing international tariffs and dis-
criminations. And to some of these objections
there are also satisfactory answers.. With these
we are not at present concerned: the plan has not
yet been worked out in all its ramifications, and
no judgment of it can be properly made at this
time. The book and the letter from the World
Federal Unionists are cited here because they
Engineering Bulletin Board.
Final Examination, German
31, 32. June 7, 2-5 p.m.
German .-
25 Angell Hall. All sections.
German 2.-
1, 2,1
TODAY by David
IN WASHINGTON Lawrence
WASHINGTON, May 20.-A spurt to Ameri-
can business of unprecedented proportions might
easily result from the passage of a bill introduced
by Sen. James Mead of New York which is under-
stood to have Administration backing. It is a re-
vision of an earlier bill, introduced several
months ago, relating to intermediate credit for
small businesses, but the new measure goes much
farther in opening up the channels of credit than
any preceding proposal.
The businesses which would get the credit are
those which can use any sum up to $1,000,000 ii
credit, so that a goodly number would hardly
come within the category of "small businesses,"'
as the term has been popularly used, though
many really small businesses would, of course,
wish to take advantage of the plan.
The proposal, in brief, contemplates an insur-'
ance of bank loans. Only those banks which are
themselves insured under the Federal Deposit
Insurance Corporation are to be eligible, which
means banks which now have some form of
Federal supervision.
The new legislation, if adopted by Congress,
would permit a bank to insure any loan up to 90
per cent of its possible loss. The loans are to be
made eligible for rediscount at the Federal Re-
serve Banks, so they could hardly become frozen
assets or impair the standing of a bank because
they could quickly be turned into cash.
Periodic reports would be demanded of banks
and corporations participating in the loans, and
regulations would be made by the Reconstruction
Finance Corporation, which is to be the princi-
pal lending agency behind the loans. Interest
rates are to be fixed at 4 per cent and an addi-
tional 1 per cent is to be charged as the in-.
surance premium, but the RFC would have the
right to permit the banks under certain circum-
stances to increase or decrease interest rates.
The legislation would, however, establish 4 per
cent as the base. The text of the important prom
vision of the Mead Bill, which doubtless will be
incorporated with a similar measure introduced
in the House by Rep. Robert Allen of Pennsyl-
vania, follows:
"Subject to the provisions of this act, the
corporation (meaning the RFC), upon applica-
tion, is authorized to insure any bank against
the whole or any part of the loss or losses, in
respect of principal or interest, or both, which
such bank may sustain in excess of an amount
For such insurance the corporation is authorized
to determine what constitutes a business purpose.
"For such insurance, the corporation shall
charge a premium of not less than one-fourth of
one percentum nor more than one percentum per
annum of the unpaid balance of such loan: pro-
vided that the corporation in its discretion may
charge a higher premium, or may refuse to grant
insurance altogether on any loans of any bank
which in the judgment of the corporation pursues
a policy of insuring only the more doubtful of
it sloan eligible for insurance.
"The corporation shall from time to time fix
the premium rates to be charged for the insur-
ance of loans, which rates may be adjusted irk
accordance with appropriate classifications
based, among other things, upon the nature of
the loans and the character of the risks involved,
and the premium rates for which the corporation
undertakes to insure any particular loan shall
not be increased during the life of such loan."
Companies with an insured indebtedness ex-
ceeding $1,000,000 could not have any more loans
of this type under the proposed law, though they
could have bond issues or any other kind of
credit they can get. The loans are to be made
for a period not less than one year and not to
exceed ten years. If there is any service charge,
fee or commission connected with the loan, as
sometimes happens in mortgage transactions, the
fee cannot amount to more than one-fourth of 1
per cent for the life of the loan.
Loans can be insured even if they are "subor-
dinated to short term indebtedness incurred in
the ordinary course of business.'! There is also
the following provision, which gives the RFC
broad powers,:
"The corporation shall have power to insert in
the insurance contract covering any loan insured
under this act such terms and conditions as it
may deem necessary or appropriate to carry out
the purposes of this act or to prevent the abuse
of the credit faciilties herein provided."
The theory back of the bill is that the insur-.
ance premiums on the vast number of good loans
which are paid at maturity will more than offset
the possible losses from those loans which go
"sour" in the course of a few years. Even so,
the loans will probably be based on assets, so
that total losses might be the exception rather
than the rule. Provision also is expected to be
made for regular installment payments, so that
a company whose current position indicates it
THEATRE
By NORMAN KIELL
The second presentation of the Ann
Arbor Dramatic Season will be Elmer
Rice's "American Landscape," which
will open at the Lydia Mendelssohn
Theatre this Tuesday evening.
When it was first produced on
Broadway last December, "American
Landscape" marked the return of Mr.
Rice to the legitimate theatre after
an absence of nearly four years. Mr.
Rice's voluntary retirement arose
prom the critical reception accorded
his "Between Two Worlds," and
"Judgment Day," which he felt de-
deserved a better fate. All the right-
eous indignation burst forth from Mr.
Rice and he denounced the Theatre,
Broadway, and The Critics; vowing
never again to return to the theatri-
cal fold.
But Mr. Rice is a man of the theatre
and could never keep away for too
long a period. Time is a great healer,
and in four years, Mr. Rice recovered
his spirit, prompted by the organiza-
tion of The Playwrights' Company,
which is the sort of cooperative move-
ment that appeals to him as sound
for an art and a business.
The Company, composed of Robert
Sherwood, Maxwell Anderson, S. N.
Berhman, Sidney Howard, and of
course, Mr. Rice, began their opera-
tions with Mr. Sherwood's Pulitzer
Prize winner, "Abe Lincoln in Illi-
nois." It was directed by the ubiquit-
ous Mr. Rice with the clarity and
force of a master woman. Their
next production with was Maxwell
Anderson's musical comedy, "Knick-
erbocker Holiday," which was fol-
lowed by "American Landscape."
More recently, in conjunction with
Katherine Cornell and Guthrie Mc-
Clintic, they have produced Mr.
Behrman's "No Time for Comedy."
Mr. Rice has long been a stimulat-
ing force in the theatre. His "Street
Scene," a Pulitzer Prize winner, was
an outstanding success. "The Adding
Machine" created a sensation in the
American theatre. Other hits include
'The Left Bank" and "Counsellor-at-
Law," which Play Production did here
last October.
The story of "American Landscape"
as the Dramatic Season brochure tells
us, "concerns the conflict of the older
and younger generations in an Ameri-
can family, whose roots are deep in
American soil and who must find a
solution for life today. They are
sturdy, honest Americans puzzled
over the many political and social
problems of the present day."
Heading the cast is Harry Irvine,
whose performance of Thomas a
1025 A.H. Schachtsiek, Sudermann,t
Pott.
West Lecture Physics. Willey, Ry-
der, Diamond, Gaiss.I
101 Economics. Philippson, Eaton.
B Haven Hall. Striedieck, Graf.I
German 31.-'
C Haven Hall. All sections.
German 32.-
301 University Hall. Scholl.
West Lecture Physics. Diamond.
201 U.H. Wahr.
C Haven Hall. Van Duren.
101 Economics. Eaton.
101 Economics. Philippson.
306 U.H. Reichart.
West Lecture Physics. Gaiss.
B Haven Hall. Graf.
Psychology Master's Comprehen-
sive Examination will be held Satur-
day, May 27 at 2 p.m. in Room 3126
N.S.
Physics Colloquium: Mr. Harold S.
Howe will speak on "Micro Waves,
Wave Guides, and Their Use in Ab-
sorption Measurements" at the Phy-
ics Colloquium on Monday, May 22,
in Room 1041 E. Physics at 4:15.
The class in C.E. 26 will have a brief
written review of paragraphs 99 to 106
inclusive at the regular class hour
on Monday, May 22.
John S. Worley.
Final Doctoral Examination of Mr.
Ralph Saul Phillips will be held on
Monday, May 22 at 7:30 p.m. in the
East Council Room, Rackham Bldg.
Mr. Phillips' field of specialization is
Mathematics. The title of his thesis
is "Integration in a Convex Linear
Topological Space."
Prof. T. H. Hildebrandt, as chair-
man of the committee, will conduct
the examination. By direction of the
Executive Board, the chairman has
the privilege of inviting members of
the faculty and advanced doctoral
candidates to attend the examination
and to grant permission to others who
might wish to be present.
Final Doctoral Examination of Mr.
Erman Orchard Scott will be held on
Monday, May 22 at 3 p.m. in 411A
West Engineering Bldg. Mr. Scott's
field of specialization is Engineering
Mechanics. The title of his thesis is
"Deformations of Beams Involving
Ductile Behavior.''
Prof. J. A. Van den Broek, as chair-
man of the committee, will conduct
the examination. By direction of
the Executive Board, the chairman
has the privilege of inviting mem-
bers of the faculty and advanced doc-
toral candidates to attend the ex-
amination and to grant permission to
others who might wish to be present.
Final Doctoral Examination of Mr.
F. Cleon Goble will be held on Mon-
day, May 22, 1939 at 3 p.m. in 3089
N.S. Bldg. Mr. Goble's field of spe-
cialization is Zoology. The title of
his thesis is "Tissue Changes in
Whitetail Deer (Odocoileus virginanus
borealis) with Natural Lungworm In-
fections (Genera Protostrongylus and
Dictyocaulus).
Professor E. C. O' Roke, as chair-
man of the committee, will conduct
the examination. By direction of the
Executive Board, the chairman has
the privilege of inviting members of
the faculty and advanced doctoral
candidates to attend the examination
and to grant permission to others who
might wish to be present.
Concerts
Band Concert: The University of
Michigan Band, William D. Revelli,
Conductor, will give a concert in Hill
Auditorium, Tuesday evening, May 23,
at 8:30 o'clock, complimentary to the
general public. David Bennett, Jr,,
pianist, will be the soloist.
Graduation Recital. Grace Wilson,
mezzo-soprano, will give a recital in
partial fulfillment of the require-
ment for the degree of Bachelor of
Music, Monday evening, May 22, at
8:15 o'clock, in the School of Music
Auditorium on Maynard Street. The
general public is invited to attend.
Exhibitions
Museum of Classical Archaeology:
A special exhibit of antiquities from
the Nile Valley, the Province of Fay-
oum, and the Delta of Egypt, from
early Dynastic times to the Late Cop-
tic and Arabic Periods.
Tenth Annual Exhibition of Sculp-
ture, in the concourse of the Michi-
gan League Building.
College of Architecture: One hun-
dred original etchings of Colonial
and Historic Homes of Maryland, by
Don Swann. Shown through the
courtesy of Etchcrafters Art Guild of
Baltimroe. Corridor cases, ground
floor, Architecture Building. Open
daily May 22 through 27, 9 to 5. The
public is invited.
Events Today
The Lutheran Student Club will
hold its annual banquet in honor of
its seniors this Sunday evening at the
Zion Parish Hall at 6. There will
to keep in mind the coming lecture
by Dr. Wilber M. Smith Saturday
night, May 27 on the subject, "The
Bible-To Believe It-Or Not." The
meeting is to be held in the North
Lounge of the Michigan Union at
7:45.
Student Senate. There will be a
meeting of the Ways and Means Com-
mittee at the Union at 5 p.m. today.
All Student Senators are invited. All
members of the Committee who are
unable to attend,. call Dworkis, 3779,
and leave word to that effect. This
meeting is important.
Annual Hillel Banquet will be held
at the Michigan Union today
at 6 p.m. All members of the Foun-
dation are cordially invited. Reser-
vations should be made by calling the
Foundation.
The Hillel Foundation Chamber-
Music Group will give a recital at
the Foundation, today at 3:30 p.m.
All are welcome. Program will con-
sist of the Handel Sonata No. 3 and
the Schumann Quintet in E Flat Ma-
jor. The artists are: Al Salkind, vio-
lin; Sam Kurlansky, viola; Michael
Berman, violin; William Goltz, cello;
Frieda Halpert, piano.
Coming Events
Botanical Journal Club will meet on
Tuesday, May 23, 7:30 p.m., in Room
N.S. 1139.
Reports by-
Alice Kornat, "Observations of the
Vegetation of Chihuahua."
M. Lois Jotter, "Ethnobiological
Studies in the American Southwest."
Jose Santos, "Historical Sketch of
Philippine Botany from 1601 to 1939."
Charles Griffitts, "Recent Papers
on Ecology in Agriculture."
"A Study of Tolerance of Trees to
Ice Accumulation."
B e t ty Robertson, "Poisonous
Plants." A Book Review.
Chairman: Dr. Elzada U. Clover.
Chemical Engineers: The A.I.Ch.E.
banquet, terminating the year's ac-
tivities with the installation of of-
ficers, will - be held in the Union,
Wednesday, May 24, at 6:15 p.m. Mr.
McCarroll of the Ford Motor Co.
will be guest speaker. All chemical
and metallurgical engineers are in-
vited.
Graduate Luncheon: There will be a
graduate luncheon Wednesday, May
24, at 12 noon in the Russian Tea
Room of the League, cafeteria style.
Lieutenant Colonel P. K. Kelly will
discuss "A Professional Soldier's Views
on the Status of National Defense."
All graduate students are cordially
invited.
This will be the last luncheon of
the year.
Mathematics Club will meet Tues-
day at 8 p.m. in the East Conference
Room of the Rackham Building. Pro-
gram: Mr. P. L. Dressel will speak
on "Seminvariants in Statistics"; Mr.
L. F. Ollmann, on "Simple Closed
Curves in Finite Graphs"; Mr. R. S.
Phillips, on "Integration in a Convex
Linear Topological Space"; and Mr.
E. P. Vance, on "Generalizations of
Non-Alternating and Non-Separating
Transformations."
Student Senate. The last meeting
of the current school year will be this
Tuesday, May 23, at the Union. Con-
tinuation plans for next year must
be prepared. Retiring Senators are
expecte'd to have their successors'
names ready.
Library Committee Meeting: There
will be a meeting of the Library
Committee on May 25. Members of
the Faculties wishing to lay requests
before the Committee are asked to
have them in the Librarian's office by
noon of Wednesday, May 24.
Foreign Engineering Students: The
Foreign Students in Engineering are
invited to a round table discussion at
7:45 p.m. on Thursday at the Inter-
national Center to be led by Prof. H.
Bouchard, who spent several years in
China. I has special reference to
those problems of policy encountered
by young engineers. Refreshments
will be served.
German Table for Faculty Members:
Special notice. Mr. Frank G. Ryder's
talk on "Ernstes und Heiteres aus der
Etymologie" scheduled for May 22,
will be given May 29. In his place
Dr. Wolfgang Liepe, formerly pro-
fessor of German literature in the
universities of Kiel and Frankfurt will
give a brief informal talk on, "Faust
vor Goethe." This regular luncheon
meeting will be held Monday at 12:10
p.m. in the Founders' Room of the
Michigan Union. All faculty members
interested in speaking German are
cordially invited.
All University Women: There will
be a biking party on Monday after-
noon, May 22, leaving the Women's
Athletic Building at 4:15.WPlease
sign up in Barbour Gymnasium or at
the Women's Athletic Building, or
call Jane Brichan . at 6944.
Perspectives: There wlil be a meet-
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