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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-