e Weather Generally fair. L Sir 9ian 41P flattij Editorial Victory For United Action . 'Dear Adolf,' From Benito,. . VOL. XLIX. No. 169 Z-323 ANN ARBOR, MICHIGAN, TUESDAY, MAY 23, 1939 _ _ _ _ _ _ _ _ _r PRICE FIVE CENTS Pendergast's Sentence Is Set At 15 Months In Federal Jail Aged Defendant Implores Judge To Be Merciful; After Pleading Guilty Court Ignores Plea; Pendergast Mute KANSAS CITY, May 22. -(P)- Tom Pendergast, exposed by the Gov- ernment as a political boss who sold his influence for a promised $750,- 000, pleaded guilty today to evading income taxes and was ordered to Federal prison for 15 months. Attorneys for the head of Kansas City's besieged Democratic machine pleaded that any term would be a "death sentence" because of the 66- year-old defendant's weak heart. Responsibility Not On Judge "The responsibility for his situa- tion is not upon the judge who im- posed the sentence," replied Judge Merrill E. Otis, "but upon him who knowingly committed the offense, knowing it was punishable by im- prisonment." A trail of dollars which led Govern- ment agents to the startling discovery Pendergast plunged $2,000,000 in one year on his' self-admitted "mania," horse racing, was traced by U.S. Dis- trict Attorney Maurice Milligan be- fore sentence was passed. Pendergast, a behind-the-scenes maker of governors and senators over a 28 year period, was typically silent in the crowded courtroom. Once a tear trickled down his cheek but he said not a word. Extremely nervous, his face paled and he rubbed his thumbs together as sentence was pronounced. Penalty Is For Taxes Judge Otis, who had it within his power to give the defendant 10 years, emphasized the penalty was for tax evasion solely. "Not a jot or tittle should be added to the punishment," he said, "be- cause it is judicially noticed that the defendant has been a political 'boss' nor because it is judicially noticed that the city and county which he has dominated has been governed with indescribable corruption and dishonesty." Auditor Flays Gibb's Actions Whitman Asserts Clerk Used Funds For Self That Emmett M. Gibb, county clerk, had admitted to him on three occasions that money dawn from the county welfare fund was "prob- ably" put to Gibb's personal use, was revealed yesterday by James D. Whit- man, auditor from the auditor gen- eral's office, before the court in which Gibb has been asked to show cause why he should remain in office after having been accused of appro- priating public funds. Prosecutor Albert J. Rapp pro- duced a check which had been drawn on the welfare fund and paid in cash to Gibb, and asked Whitman if he had had any conversation with Gibb concerning the check. "I asked him why this check should be drawn in cash," Whitman testified, "and he told me 'probably for his personal use'." Rapp produced two more checks, one payable to Frank I. Cornwell of the Cornwell Coal Company, both of which Whitman said Gibb had told him were for his own use. Of the one, Whitman told the court, Gibb had told that he guessed "that was to pay a personal coal bill with." ASU Plans To Elect Institute Delegate An enlarged executive meeting of the American Student Union will be held at 4 p.m. tomorrow at the League to elect a delegate to the second sum- mer session, from June 26 to July 30, at the Student Leadership Institute, Locust Farms, Poughquag, N.Y. With the growth of the ASU, the need for student leadership became more urgent, Mimi Sper, '39, presi- dent said. Outstanding lecturers at the Institute, she explained, teach Germany, Italy Proclaim Unity In 10-Year Alliance Axis Powers Declare They Have Forged Mighty Bloc Of 300,000,000, 'Ready For Friendship But Determined To Smash Enemy' BERLIN, May 22.-(P)-Germany and Italy signed today a 10-year mili- tary alliance devoid of ifs or buts and proclaimed themselves makers of. Eu- rope's unwritten history-either by diplomacy or by the sword. Presumably counting in all their satellites, they declared, in the words of German Foreign Minister Joachim Von Ribbentrop, they had forged a mighty bloc of 300,000,000 people "ready to offer the hand of friendship to anyone, but determined to smash any enemy by their untied power." Japan was the first power to regis- ter "present" for the line-up. Its government sent a message thorough- ly approving of the military, political, economic and diplomatic alliance. With Adolf Hitler as an unsmiling witness sitting between them in the gilded ambassadors' hall of the new chancellery, Von Ribbentrop and the Italian Foreign Minister, Count Ga- leazzo Ciano, affixed their names to the accord consisting of a preamble and seven short articles. Behind them was an impressive gathering of generalsoadmirals and diplomats-in other words men who wil be charged primarily with giving effect to the provisions of the pact. The axis diplomats, by the terms of the seven articles, will be called upon first when danger seems to be lurking in the offing. Their joint skill will try to avert the danger. The military will let cannons speak if and when diplomacy has failed. Von Ribbentrop and Count Ciano as well emphasized that the principal purpose of the alliance was the pres- ervation of peace. . Another purpose emphasized in the preamble was: "In the midst of a world of unrest and disintegration to serve the task of rendering safe the foundations of European culture." i Schwartzkopf Is Elected '40 Track Captain Crack Two-Miler Succeeds Bill Watson; tDoherty Praises HisLeadership Ralph Schwartzkopf, '40, crack two-miler from Saginaw, was elected captain Sunday of the 1940 Michi- gan track team. Schwartzkopf suc- ceeds Bill Watson, also of Saginaw. Schwartzkopf, who will be the firstt captain under the regime of Ken Doherty, has been a brilliant runner for the past two years. As a sopho- more, he won the Penn Relays 3,000 meter run, defeating Don Lash and Joe McCluskey. Two weeks ago set a new Ferry Field record for the two mile, and last week hit the high spot of the year as he won the Conference championship, reversing the tables on Walter Mehl of Wisconsin whom he had pushed to a new collegiate record in the 1938 Conference cham- pionships. Doherty said of Schwartzkopf' "Ralph is the greatest two-miler Michigan has ever had. He's been a fine team man, and should makenan inspiring leader." The new captain, a member of Alpha Sigma Phi fraternity and of Sphinx, junior men's honor society, will be the third person to have his name inscribed on the Steve Mason Memorial plaque in Yost Field House. Dr. A. J. Gaiss To Give Speech Pharmacy College Dinner To Be Held Tomorrow The annual College of Pharmacy Banquet to be held at 6:15 p.m., to- morrow, at the Union will feature a travelogue by Dr. A. J. Gaiss of the German Department and talks by representatives of each class of the college. Dr. Gaiss, unanimously selected by pharmacy students as their choice for guests speakership at the banquet, will present a lecture on Germany il- lustrated by moving pictures taken on his last tour to that country. Presentation of Rho Chi prize and the Lehn and Fink prize will be made by Dr. H. B. Lewis, director of the college. The Rho Chi award is given to the freshman who has made the best scholastic record and the Lehn and Fink prize is awarded to the member of the senior class who at- tains the highest scholarship. Speakers representing the various classes will be Russel Fiske, '39; Paula Machnik, '40; Margaret Kern, '41 and David Meier, '42. Murphy Appoints Amlie To Special Assistantship WASHINGTON, May 22.-(P)-At- Smick Paces, Nine's Victory At WisconsinE Pitching Ace Allows Onlyj Seven Hits To Win 4-3 In Ten-Inning Gamei MADISON, Wis., May 22.-(Spe- cial to The Daily)-Danny Smickt pitched and batted the Michigan baseball team to a 4-3 victory in 101 innings over Wisconsin here today. In addition to setting the Badgers; down with seven hits, Smick knocked in two runs with a brace of timely singles, his second hit tying the score for the Wolverines in the ninth. Michigan's game-winning tally was pushed across in the tenth when Mike Sofiak and Walt Peckinpaugh greeted pitcher Cy Buker, who had just supplanted starter John Saxer, with singles. Right-fielder Bob Hen- richs was called in to pitch at this point but could not prevent Freddie Trosko from lifting a fly to right- field to score Sofiak. The Wolverines jumped off to an early lead in the third when Leo Beebe opened the inning with a single, advanced to second on Smick's bunt, and scored on errors by first-base- man Dismeir and catcher Bietila. Dismeir's long homer to left tied (Continued on Page 3) SeniorsHear Talk ByFuller A t Swin gout In one of the campus' most spec- tacular events of the year, seniors Sunday, resplendent in caps and gowns, followed the Band around campus in their annual Swingout ceremony. The swing around campus ended at Hill Auditorium, where a program of speeches and music awaited the seniors. Prof. Richard C. Fuller, of the sociology department, was the chief speaker on a program which included an introductory talk by Carl A. Viehe, chairman of the Swingout committee, an address by Harold F. Stewart;, '39, president of Oie Literary School class, and music by the. Band. Contrasting Senior Classes, past and present, Professor Fuller said, "The members of my senior class were socially illiterate chiefly because they saw no reason to act otherwise." He noted the change in modern students -who are vitally interested in the whole contemporary scene before it. Court Upholds Income Taxes On U.S.Judges Previous Decision Of 1920 Reversed As Tribunal Abolishes Immunity Frankfurter Gives MajorityOpinion WASHINGTON, May 22. -(P)-- The Supreme Court, in a 7 to 1 deci-x sion today, decided the federal in-f come tax applied to the salaries of itsI own members and those of all otherf Federal judges.s The decision meant that there is no longer any class of public office-c holder who can claim income tax immunity under the Constitution be-.. cause on March 27 the Court decided1 that Federal and state employes,t other than judges, have no such im-'t munity.t Today's decision, like the earlier one, reversed precedent. It had long been the view that a constitutional provision exempted federal judges from the tax. In fact, such an opin- ion was expressed in a Supremee Court decision in 1920. But Justice Frankfurter, deliver-t ing the majority opinion today, said{ that to subject the jurists to a "gen- eral tax is merely to recognize thatl judges are also citizens, and that their particular function in govern- ment does not generate an immunty1 from sharing with their fellow citi- zens the material burden of the gov- ernment whose constitution and laws they are charged with administer- ing" The decision held specifically that Judge Joseph W. Woodrough of Omaha, Nebr., a member of the U.S. Circuit Court of Appeals, was liable for a.$631 federal tax on the $12,500 salary he received in 1936. Its general effect was that the Con- stitutional provision that the com- pensation of federal judges "shall not be diminished during their continu- ance in office" does not mean they should not pay taxes. Justice McReynolds did not par- ticipate in the decision. Band To Play Modern Music Concert Today To Be Last Of Current Season Modern music will be featured by the University Concert Band as it presents its final program of the year at 8:30 p.m. today in Hill Auditorium. Admission to the concert will be free. David Bennett, Jr., young Chicago pianist, will be guest soloist. He will play "Repartee," a composition by his father. The Concert Band, under the direc- tion of William D. Revelli, will pre- sent a symphonic arrangement of De Rose's "Deep Purple," recently a nationwide favorite. The concert will also include "Noc- turne" from Griselle's Two American Sketches, winner of the Victor award for the most outstanding contribu- tion to modern American music; "Michigan Fantasy," a medley of University songs arranged ,by Donn Chown, Grad., student manager of the Band, and a symphonic arrange- ment of "There's Something About A Soldier." Youth Held In Murder PHOENIX, Ariz., May 22.-()- Robert M. Burgunder, jr., 22-year- old collegian, was ordered held for trial on a murder charge today after a statement in which he admitted killing two automobile salesmen was read into the record of his prelimin- ary hearing. Of Festival Opens Today Five-Day Run Of Rice's 'American Landscape' Held At Mendelssohn Irvine, Dalton Are Featured Players Mingling ancestral ghosts with the modern generation of an American family, Elmer Rice's play, "American Landscape," opens a five-day run at 8:30 p.m. today, in the Lydia Mendel- ssohn Theatre. The family has participated in all of America's wars and has a heritage of community respect. When it is faced with a modern American prob- lem that threatens its disintegra- tion, therefore, the family's ances- tors return to give today's genera- tion advice. Harry Irvine plays the role of the family's present leader. A veteran actor and president of the Shake- speare Federation of Amera, Mr. Irvine was requisitioned by the Fed- eral Theatre Project to play Thomas a Becket in T. S. Eliot's "Murder in the Cathedral," hailed as one of the Theatre's most successful produc- tions. Supporting him will be Dennis Hoey, who has appeared in "Empress of Destiny," with Elissa Landi, and "Circle," with Grace George and Tal- lulah Bankhead. Doris Dalton, who enacted Helen of Troy in the Sea- son's opening production, "No War In Troy!" will have one of the modern roles. Among the family's forebears are Moll Flanders, played by Mary Mor- ris, Harriet Beecher Stowe, the role of a newcomer to Ann Arbor, Ethel Morrison. Wesley Addy, featured in the Shakespearean productions of Maurice Evans, will be another of the ghosts, a World War captain. Other roles will be taken by Ellis Baker, Staats Cottsworth, Joanna Roos, Dorothy Sands and James Bell. Con MacSunday, who plays Captain Henrich, is the only member of the cast who played in the New York pro- duction of the play. Senate To Hold FinalMeeting Oxford Pledge, New Plans Will Be Discussed Plans for the coming year and pro- posed adoption of a modified Oxford Pledge will be discussed at the Stu- dent Senate's last meeting of the present session at 7:30 p.m. today in the Union. A new speaker to succeed Robert Rosa, '39, who is leaving for Eng- land as a Rhodes scholar to study at Oxford will also be announced, Mar- tin Dworkis, '40, vice-president said. William Grier, '39, retiring president will preside at the meeting. The proposed resolution to adopt the modified Oxford pledge that is to be brought up at today's meeting reads as follows: "We, the Student Senate of the University of Michigan, on behalf of the student body, will not support the United States in any war it may undertake on foreign soil." Seniors in the Senate who were elected this year and who will not return to school next fall will an- nounce their successors for the re- mainder of their term. The discussion of plans for next year will also in- cude a proposal to conduct a Parley in the Summer Session similar to the present Spring Parley, Dworkis said. Engineering Council Officers Are Selected Officers of the Engineering Coun- cil, student governing body of the engineering school, named last night are James Brown, '39E, president; J. Anderson Ashburn, '39E, vice-presi- dent; and Ed King, '39E, secretary. The officers were named at .a din- ner of the Engineering Council last night at which a program for next year was planned. Dramatic Season Star HARRY IRVINE Detroit Strike Affects 24,000; Mediator Is Due Second Play President Asserts Business Taxes Are Necessary Part Of Revenue System Talk Is Delivered Before Retailers Roosevelt Brands New Deal Policy Cri*tics As Radicals U.S. To In Sends J.F. Dewey Bring Quick Peace BriggsControversy DETROIT, May 22. -(R)- R. J. Thomas, president of the United Automobile Workers Union (CIO), announced tonight that James F. Dewey, federal labor conciliator, will arrive in Detroit tomorrow to offer his services in settling a strike that closed seven plants of the Briggs Manufacturing Co., affecting approxi- mately 24,000 workers. Dewey was reported en route from Chester, Pa., to Detroit by Thomas. The strike at the Briggs plant started this morning and within a few hours operations were halted in the Plymouth division of Chrysler Corp., which depends on Briggs for car bodies. Company officials indi- cated the effects would be more far- reaching if the strike is not settled before tomorrow. The Briggs Company said 15,000 employes were made idle by the strike, and that the Company's proposal to arbitrate the dispute had been re- jected. Two UAW-CIO shop stewards suf- fered knife wounds in a fight at the Briggs Mack Avenue plant. Union officials said the two, Eugene Potch- ynak and Nexa Sigmund, were going through the plant to see that all em- ployes had left when they were assaulted. Police said they were hold- ing Edward Lewis for questioning. Neither man was injured seriously. The strike started at 9 a.m. Picket lines were formed as the thousands of men came from the plants. At first picket lines of as many as 500 were formed around the gates. Special details of police were on hand. Later the picket lines were thinned out. WASHINGTON, May 22. -(R)- President Roosevelt denounced critics of his economic program tonight as "radicals" eager "to gamble" with the safety of the nation, and bluntly gave notice he would sanction no aband- onment of Administration "principles and objectives." Addressing the Retailers National Forum, the Chief Executive asserted that if "so-called" business "deter- rent taxes," such as the undistributed profits tax, are repealed, other taxes on business must be increased to re- place the revenues thus lost. Administration Conservative He said that while "the conserva- tive attitude of this Administration" hardly contemplates a permanent ex- cess of Government expenditures over receipts, "balancing the budget to- day, or even next year, is a pretty difficult if not impossible job." He then Vigorously defended the Administration policy of Government spending and lending for the purpose of maintaining consumer purchasing power at a highlevel, with a state- ment that it "is the milk in the cocoa- nut of all business." Roosevelt said: "Today, with no danger of sur- plus of goods over-hanging the mar- ket-just because we have tried to keep consumer purchasing power up to production-the nation is in an excellent position to move forward into a period of greater production and greater employment." Foes Are 'Radicals' Repeatedly, the President referred to himself and his associates as the Nation's conservatives, and to certain of his foes as the "radicals." The speech was Mr. Roosevelt's first major address since his mes- sage to Congress five months ago. Because it was being delivered to a business group, it had been long awaited as a pronouncement on the Administration's view toward busi- ness. And, with taxes a foremost problem at the moment, there had been much speculation as to what he would say on that subject. Student Here DiesSuddenly Leonard Cohen Succumbs At 20 To Peritonitis Leonard Cohen, '40, of Chicago, died Sunday of a peritonitis infection at the University Hospital. He was twenty years old and lived at 931 Greenwood Street. Cohen's death came as a surprise to his family and friends. Last week doctors had reported his condition as "considerably improved" but on Sat- urday morning he suffered a relapse which proved fatal. Dr. Henry K. Ransom of the University Hospital told The Daily last night that Cohen's appendix had been ruptured some time ago. His was the first case of peritonitis involving a student in the past five years, Dr. Ransom said. Cohen's body was taken back to Chicago yesterday for burial by his parents. Cohen graduated from Chicago's Sullivan High School in 1936 and was a member of the school's varsity basketball team. While at Michigan, he joined the Hillel Players, dramatic organization of the Hillel Foundation, and appeared in the recent produc- tion of "Hospital Hill." He was a pre- business administration student. Industrial Relations Measure Modified LANSING, May 22.-(P)-A joint conference committee of the House and Senate agreed today to report to the floor of the legislature tonight a compromise industrial relations bill. Labor relations was No. 11 on the late Gov. Frank D. Fitzgerald's legis- lative program, but the Senate scrap- ped the administration bill that had Third Try At Student Rule Fails In Demise Of Men's Council Yearly Dinner Of Speech Club Is HeldToday William B. Stout's lecture "Ro- mance In Research" will be the featured address at Sigma Rho Tau's annual Tung Oil banquet at 6:30 p.m. tonight in the Union. Originator of the famous "Scarab" car, Mr. Stout has been active in re- search for many years. At one time he was technical advisor to the Air- craft Board in Washington. At this time he built for the Board the first internally strut cantilever airplane in America. The outstanding senior member of the society will be presented with the Cooley Cane at tonight's dinner by C. F. McCauley Schwadder, '38E, last year's winner. The winner of this trophy must have accomplished the By PAUL CHANDLER It's been a tough job-this plan- ning of a satisfactory system of stu- dent self government for the Uni- versity. At least three different schemes of student government have lived through an unhealthy existence dur- ing the last 30 years, and all of them have finally collapsed under the were flocking to Ann Arbor town for their higher education. So in the spring of 1906 a sort of "student coun- cil" was established, which generally supervised campus elections, festivals, ancL other affairs. This agency func- tioned intermittently until 1933, when a drastic shake-up occurred. The change occurred in 1933 only after a bitter struggle between several 'Esquire Garg' Appears Thursday, Says Hodge Gargnvle's "Esauire" issue. featur-