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 DAILY OFFICIAL BULLETIN ., II , r R C twrws " ^. Edited and managed by students of the University of Michigan under the authority of the Board in Control of Student Publications. Published every morning except Monday during the Dniversity year and Sum 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 notrotherwise credited in this newspaper. All rights of republication of all other matters herein also reserved. Entered at the Post Office at Ann Arbor, Michigan, as second class mail matter. Subscriptions during regular school year by carrier, $4.00; by mail, $4.50. REPRESENTED FOR NATIONAL ADVERTISING BY National Advertising Service, Inc. College Publishers Representative 420 MADISON AVE. NEW YORK, N. Y. CHICAGO * BOSTON - LOS-ANGELES - SAN FRANCISCO Member, Associated Collegiate Press, 1938-39 Editorial Staff Managing Editor . . City Editor . Editorial Director . .. Associate Editor . . Associate Editor . . Associate. Editor. . Associate Editor. Associate Editor . . . Sports Editor . .. . Women's Editor .. Business Staff Business Manager . Credits Manager . . Women's Business Manager Women's Advertising Manager. Publication Manager. . Carl Petersen Stan M. Swinton Elliott Maraniss E Jack Canavan Dennis Flanagan Morton Linder Norman Schorr Ethel Norberg Mel Fineberg . Ann Vicary . Paul R. Park Qanson Taggart Zenovia Skoratko 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- 4 I