M I-C-H IG A N D AILY -- THURSDAY, ~THV1ISDAY, THE MICHIGAN DAILY -I II 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 University year and Sumni r 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 not otherwisem 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 Representa/ive 420 MADISON AVE. NEW YORK, N. Y. CHICAGO * BOSTON - Los ANGELES - SAN FRANCISCO Member, Associated Collegiate Press, 1938-39 Board of M~anaging Editor . . . Editorial Director . . City Editor . Associate Editor Associate Editor Associate Editor. Associate Editor Associate Editor- . Associate Editor . , Book Editor .. . . Women's Editor. Sports Editor-. Editors E Robert D. Mitchell . . Albert P. Maylo . Horace W. Gilmore . Robert I. Fitzhenry . . S. R. Eleimnan . . Robert Perlman * . . Earl Gilman ' W11riam Elvin . . Joseph Freedman * . .Joseph.Gies Dorothea Staebler Blqd Benjamin Business Business Manager . Credit Manager . Advertising Manager Women's Business Manag Women's Service Manager Department . . Philip W. Buchen Leonard P. Siegelman William L. Newnan er . Helen Jean Dean . . .Marian A. Baxter NIGHT EDITOR: DENNIS FLANAGAN The editorials published in The Michigan Daily are written by members of the Daily staff and represent the views of the writers only. Men In Search Of The Law .. FIVE MEMBERS of the United States Supreme Court have called the sit- down "illegal" and have said that the National Labor Relations Board cannot compel an em- ployer to reinstate a sit-down striker. Under the rules of the game the view taken by these five men becomes the Law of the Land-at least until five Justices think otherwise. Perhaps it was part of an appeasement policy directed at restoring "business confidence," more likely it was the desire on the part of the majority to ward off any questioning of traditional rights of property such as the sit- down represents-but however one states the cause of the shift of the liberals, the fact is that key men Hughes and Stone turned in the direction of McReynolds and Butler. Mr..Justice Roberts sided with the majority: Justices Reed and Black dissented. The legal division in the Fansteel case high- lights the issues. The majority opinion reviews the facts and affirms the employer's right to discharge men who have "seized" his plant illeg- ally. It goes on to reverse a labor board ruling that ordered the company to reinstate with back pay the sit-downers and the men who aided and abetted them by bringing cigarettes and blankets to the plant. Justice Stone agreed that the sit-downers had forfeited their standing as employes under the National Labor Relations Act, but, he said in a concurring opinion, the fourteen employes "who aided and abetted" the men in the plant were still "employes" and should be reinstated by the Board's order. The dissent by Justices Reed and Black, New Deal appointees, says that thet Wagner Act pre- vents an employer from firing a striker, but.that "as now construed by the court (he) may dis- charge any striker, with or without cause, so long as the discharge is not used to interfere with self-organization or collective bargaining." The Reed dissent here suggests one of the principal implications of the majority decision: employers will take advantage of the area of uncertainty created by the Court and will fire men for actions that many lower courts will consider "illegal." Picketing, non-violent at- tempts to dissuade patrons from buying from a struck establishment, efforts to prevent "scabs" from taking striker's jobs-all these and many other supposedly legitimate strike devices are. considered illegal by some lower court judges. And it is not at all unlikely that employers will attempt to break the employe status of a striker, which now holds under the Wagner Act, by delib- erately creating physical conflict and increasing the chances for property damage. Congress sought in the Wagner Act, the dissent continues, to suspend the employer's right to discharge during a labor controversy, since that right would be used as a weapon against labor. There is "no protection of unlawful activity" in this view, Justice Reed said, sinc strikers are still subject to penalties for crimes. And the question as to whether an employer should be forced to reinstate a striker "depends on the circumstances. It is the function of the board to wt-igh t+e echamand on nnnterchaves nd n TODAY '"i WASHINGTON- -by David Lawrence- WASHINGTON, March 1-The fight for a national referendum before there shall be any war overseas on the part of the United States has been revived with such amendments as may be expected to win to its side some votes in Con- gress which last year were alienated. Thus, this time the proposal does not call for a referendum if a European or Asiatic nation should attack any nation in this hemisphere, or if the United States and its possessions are, attacked. This presumably will narrow the opera- tion of the referendum solely to whether the United States shall declare war against any foreign power and send troops across the ocean, as happened in 1917. Back of the referendum proposal is the assump tion that a series of steps growing out of neutral- ity controversies causes an American President against his will toinvolve the nation into a situa- tion from which a "rubber stamp" Congress can- not gracefully retreat. Instead of allowing Con- gress to decide such an issue, the idea is to sub- mit it to a popular vote. Not Practical On its face, this seems like a powerful way to prevent war-a sure safeguard. But it really isn't in practical operation. Had the referendum been submitted to the American people the in- stant the Lusitania was sunk with 1,000 innocent lives cost without a single moment's warning, it is conceivable that America might have entered the war sooner than 1917. It Was the restraining influence of a public opinion which preferred to let such delicate matters be decided at Washing- ton by a patriotic Congress and a patriotic President which kept the nation from being in- flamed. Had the referendum for war been pos- sible, all the influences that make for mass propaganda, including public demonstrations in which passions are rdadily aroused, would have been in operation. Nor need it be supposed tha a referendum will take time and hence can be used as a means of delay. Congress would have the power by law to fix the time and date and machinery for registering public expression, and the chances are that a referendum could, if de- sired, be fulfilled within one week. If public in- dignation were aroused, the demand would be for instant action and the use of all modern de- vices of communication to collect the popular votes. A Democratic Principle The referendum is, in theory, a democratic principle, but, if it is the way to get popular ex- pression, then it can equally be applied to other important steps in nationalas well as foreign poliby. Parliamentary systems of government have, in effect, a referendum machinery, because, at any time that the majority fails to conform to publid opinion, a national administration can be overthrown and the issue carried to the people. Rather than engage in a general election, the party in power yields to what seems to be public demand, and the opposition becomes the responsible party. In the United States today, there is a majority in the House and perhaps even in the Senate which is out of sympathy with the policies of the Roosevelt Administration. Opposition ele- ments are impatient to acquire power and author- ity, but not immediately. Perhaps they would be more constructive if they realized that, at any moment they were to be precipitated into posi- tions of complete responsibility for government policy, as is the case abroad. If the sales of air- planes to France were wrong or if the President misconstrued the wishes of the people in foreign policy, a parliamentary system which permitted the recall of the President, as is the case with governors and mayors under various local forms of government, would quickly afford an oppor- tunity for the expression of public opinion. Accept Responsibility? Would the coalition of independent Democrats and Republicans be ready to take over complete responsibility for national policy if we had a parliamentary system today? Hardly. And, in- stead, the opposition is free to criticize, to block legislation, to impair the vitality of Adminstra- ton proposals wthout having any duty to offer workable substitutees. Thus, today, the opposi- tion to the Administration is vehemently oppos- ing the "spending" policies of the Administra- tion, but not a single proposal for natonal recov- ery by any other organized means has been offered except the general statement that recov- ery will come if most of the New Deal laws are repealed and business is let alone. The validity of such an assumption, if the opposition camej into power and didn't soon bring about reemploy- ment of the idle and national recovery, there would be a change again. The war referendum proposal is a symptom of the feeling which so many people have that centralized government cannot be trusted, even with a Congress elected at specified intervals. This may lead to other proposals for a referen- dum on national issues. subject, through the election of the men who appoint them, to restraint by the people? Even more basic in the Fansteel case is the question of the worker's right to his job and the definition of "job." The facts in the case show that the sit-downers did not destroy pro- perty nor was their action, as the majority said, analagous to "assault upon the officers of an employing company, or the seizure or conver- sion of its goods." The men merely refused to continue working and sat at the machines they nnarna a~vnfter ariavrhsv id nt ri - Reply To A Reply To the Editor: I should like to take this opportunity to com- mend the Mi igan Daily for the fairness and sound judgment with which it has treated in the past various points of view. However, I challenge the writer's statement that "It is important to remember that one can- not remain neutral in the Spanish Civil War." He argues from that premise which he considers to be self-evident, and unassailable, but it is noth- ing of the sort. To favor the status quo means not "to actively aid Franco." To favor the status quo means that one favors legislation to prevent the sale of arms to belligerent governments. I am forced to admit, however, that it is extremely unfortunate that American arms are indirectly being shipped to Franco (if they are). The United States government judged within its power by legislating the neutrality act; and that the degen- erate consciences of other less-idealistic nations has overpowered our legislation is a bit out of the way of America's business. However, to argue that the embargo should be dropped is indeed to favor the Loyalists-and every other unfortunate government engaged in war. This is taking sides with Loyalist Spain against the Fascist insur- gents; and Loyalist Spain is communistic. This fact brings the total number of evils from which to choose up to two. Fascism under Franco, may be considered undesirable because it. represents religious intolerance; and religious intolerance, I venture to say, is abhorrent to American Cath- olics; and it should not be construed from the misrepresentations in Mr. Bates' letter and in the editorial that American Catholics welcome a Fascist victory in Spain. The Catholic ancestors of whom I am a descendent fled to these shores in order to escape religious intolerance in Germany and Ireland, and under these exemplifying circumstances sight of religious tolerance has not been lost. Secondly, to favor Loyalist Spainis not too admir- able a frame of mind. Communism sets up a form of atheism in the state and tends to emulate the state as a deity itself. Hence, to favor the- so- called republican government means to favor a state in which is denied the existence of the foundation upon which Protestantism and Catholicism is based. The latter point, however, can be applied in a personal manner only to per- sons believing in God, which includes the great- er portion of our population. One does not have to take sides in the Span- ish conflict. One looks askance to them both and after a fashion typically American even the Catholic recognizes that ideal state, namely, one in which freedom to worship according to the dictates of one'sown heart is permitted and one which does not coerce that right by. prohibiting separation of cemeteries, by government dictator- ship of seminaries, and by deification of the state, I am much disappointed by the sudden outbursts against Catholicism which have. appeaed in the editorials of your paper. Although very much in tune with the times, your attitude on Catholicism is distasteful. -F. R. Free Speech The Nazi Bund's Madison Square Garden meeting last Monday has been the occasion for many newspaper columns of comment on the nature of free speech. The attitude of Mayor Fiorello LaGuardia of New York, in permitting the meeting to go ahead, and granting police protection to participants, is generally admired and respected. Freedom of speech must extend to groups whose opinions do not confor'm to- those of the majority. If it is denied them, administrators of the law can deny this freedom to other groups whose rights it was not intended to impair. England, with a much more specific law, ran into this difficulty. A law prohibiting the arming and drilling of private political armies, intended to militate against Sir Oswald Moseley's fascist "shirt" organization, was used in the practice of local law enforcement officers against labor groups, against fraternal organizations which occasionally march in ceremonial regalia. This sort of perversion is too great a possibility to permit a parallel development here. Heywood Broun recently columnized on free-. dom of speech. After chiding liberals who, be- cause of a thorough dislike of fascist ideals and techniques, advocate suppression of their expres- sion by fascist methods, Mr. Broun began a little discourse on roosters and snakes. In his opinion, the crowning of Hitler, the rooster,,, or the whole Bund farmyard of roosters is by far a safer alternative than encouraging these same roosters, denied the privilege of blatantly pro- claiming their aims, to turn to completely under- cover methods, becoming snakes which do not announce themselves before they strike. -Minnesota Daily The Arms Race Parliament approves a bill of $2,726,000,000 for British rearmament in the next fiscal year. The Senate Military Affairs Committee wants 6,000 planes for the American Army. The old familiar and relatively peaceable Man from Mars (not one of Orson Welles' fearsome invaders) would almost conclude that Earth had become more martial than Mars. And he might easily give an affirmative answer in Mr .Nville The Editor Gets Told The FLYING TRAPEZE By Roy Heath The Denunciation -. It didn't take much investigation on my part to determine who the "Phi Delt anchorman" was at whom Sec Terry launched such a barrage of derogatory remarks in his column yes- terday morning. It was me. I thought I did something out of the ordinary Friday night because when I tried to climb out of bed Saturday morning, I suddenly fell under the illusion that I had suffered a stroke of paralysis while I slept. Sec Terry's scurrilous atack recalls the whole affair to mind. I am not so much surprised as dis- gusted by the hill-billy's paragraphs. His reference to my underpinnings as "stilts was strictly a below the belt blow at a critic who has always lim- ited his assaults on Terry to honest revelations concerning his mental abilities. I have always considered that to dragkin physical appearances would be taking unfair advantage of such a misshapen, myopicphysical abomination as Terry. Terry also took advantage of the fact that I might have slowed up a bit during the latter half of my lap in the race, to charge that I stopped be- neath the stands to "cough up cigar- ette butts," as he so crudely puts it. How absurd. I chew up my cigarette butts before I swallow them, as I can prove by any number of reliable wit- nesses. That being the case, anyone with the most rudimentary knowl- edge of the human plumbing system must realize that the "butts" would not be in a'spot where they could be coughed up. The truth of the matter is, sup- posing that I was just a trifle tardy in reappearing from underneath the Field House stands, I encountered terrible difficulties in that secluded section of the track. They were dif- ficulties of well-nigh insurmountablea proportions which would have caused a man of Terry's weak-kneed stripe to toss in the towel. For one thing, some devilish device has been ins- talled underneath that stretch of track which causes itto weave and dip like the deck on a schooner. I will swear that I was running up hill fromf the time I came out of the first turn- until I hit the tape.J Add to that the fact that one of my lungs collapsed at 150 yards and you1 have a picture of the situation whicht faced me. If the picture isn't clear, lay it to the fact that I couldn't see it very well myself due to little purple spots in front of my eyes. As to the Phi Gam, Coffman, who passed me up with such disconcerting ease; the State Racing Association took a saliva test on " him after the race whichc proved beyond a doubt that his hand-4 lers had slipped him a "speedball" a fig newton soaked in White Mule, just before the contest. Now let us look at the athletic do-G ings of slanderous mountebank whor quails at the mention of a Simon-X Binet test. What feats of prowess1 has he performed which entitle him to judge even such a broken specimenr of a sprinter as I am? Well, Terry7 fancies himself as a ball player. Suf- fice to say, that if I am no Jesse Owens, Terry is no Lou Gehrig. I will let the following anecdote tell you alli you need to know concerning Terry's ability, courage, and general deport- ment on the field of action. HOW AND WHY TERRY STOLE SECOND Michigan was playing Minnesota and the score had reached such lop- sided proprrtions in favour of Michi- t gan that Ray Fisher no longer feltL that it would be tempting fate to give Sec Terry, an assistant bat boy,t a chance to bat. Terry stepped to the plate in high. elation. He pulled his cap a notch lower, so low that he was forced to point his chin towards heaven to see at all; spit on his hands, just like aI big leaguer, and hoped for a walk. The Gods heard Terry's prayer, "just let me get on base once." Het received four balls and took his pass in the throes of joy, trotting down1 the baseline, tipping his cap towards the stands as he went. Now it chanced that the GophersC had on first base at the time one of the hardest Hard Harrys who ever loosened a bridgework, one Andy Uram. In his preoccupation with his good fortune, Terry ran smack into the beetling Mr. Uram who was in the midst of some of the blackestj thoughts of his career. "Watch where you're goin', you . .." snarled Uram. Apparently carried away with his successful turn at bat and totally un- aware of the fact that he was address- ing bad news in person, Terry replied in the boldest tones his little reedy, voice could command, "To , . . with. you. In a fit of inarticulate rage Uram , threw his glove to the turf and ; stamped on it. Then he measured Terry for a coffin in his mind and started for the trembling Wolverine. Sec Terry stole second. AN AFP .1 if (Continued from Page 2) written in English or German. Each contestant will be free to choose his own subject from a list of at least 30 offered. The list will cover five chap-- ters in the development of German literature from 1750 to 1900, each of which will be represented by at least six subjects. Students who wish to compete must be taking a course in German (32 or above) at the time of the competition. They should register and obtain directionstas soon as pos- sible at the office of the German de- partment, 204 University Hae. Kothe-Hildner Prize in German: Two prizes, of $30 and $20 respec- tively will be awarded to students taking German 32 in a translation competition (German-English and English-German) to be held the lat- ter part of March. Students who wish to compete and who have not yet handed in their applications should do so immediately and obtain final directions. Academic Notices Botany 1 Make-up examination for students who were unable to take the final examination in February will be given Monday, March 6 at 7:30 p.m. in Room 2033 Natural, Science. Pei- mission to take the examination must be obtained from Prof. Jones. Sociology 51: Final Examination makeup will be given Saturday, March 4, at 2 p.m., Room D, Haven Hall. Students, College of Literature, Sci- ence and the Arts: No course may be elected for credit after the end of the third week. Saturday, March 4, is therefore the last date on which new elections may be approved. The willingness of an individual instruc- tor to admit a student later does not affect the operation of this rule. i. A. Walter School of Education Students, Changes of Elections: No course may be elected for credit after Saturday, March 4. Students enrolled in this school must report all changes of elec- tions at the Registrar's Office, Room 4, University Hall. Membership in a class does not cease nor begin until all changes have been thus officially registered. Ar- rangements made with the instruc- tors are not official changes. English 181; The make up exam- ination will be given today from 7 to 10 p.m. in.2216 Angell Hall, Psychology 31: Make-up final, ex- amination for all sections will be held on March 7, at 7:30 p.m., in Room1 3126, Natural Science Building. - ' Tap Dancing: A beginning class inl tap dancing will be offered to men and women students. Organization meeting Monday, March 7, at 4:30 p.m. in Barbour Gymnasiumi, Room 15. Sociology 54, discussion section 1, meeting in 225 Angell Hall, Friday at 11, will transfer to 18 Angell Hall be- ginning this Friday.1 Recreational Leadership: The class is to dress.for activity. Exhibitions Exhibition, College of Architecture: Photographs and drawings of Mich- igan's historic old houses mae dur- inIg the recent Historical American Buildings Survey are being -shown, through the courtesy of the J. L. Hud- son Company of Detroit. Third Floor Exhibition Room, Architectural Bldg., through March 11. Open daily, 9 to 5. The public is cordially invited. Lectures Lecture: Dr. Reinhold Niebuhr will give the third in the series of lectures on "The Existence and Nature of God" under the auspices of the Stu- dent Religious Association, this eve- ning at 8:15 p.m. in the Rackham Lecture Hall.' French Lecture: The fifth lecture on the Cercle Francais program will take place today, at 4:15 p.m., Room 103, Romance Language Build- ing. Professor Charles A. Knudson will speak on : "Comment lire un poeme de Victor Hugo: Oceano Nox." Tickets for the series of lectures may be procured from the Secretary of the Romance Language Department (Room 112, Romance Language Bldg.) or at the door at the time of the lecture. 'vents Today Zoology Seminar: Mr. Hugh D. Clark will report on "Embryology of the hemipenis in determining rela- tionships of the Xenodontinae, Colu- a book should not overlook'the fol- lowing by Frederick George Scott, Archdeacon of Quebec, beloved paare of the First Canadian Overseas Divi- sion. FUNDAMENTAL brinae and Natricinae (Colubridae)" today at 7:30 p.m. in the Amphithe- atre of the Rackham Building. The Observatory Jornal Club will meet at 4:15 this afternoon, in the Observatory lecture room. Dr. A. D. Maxwell will review the paper "The Star Cluster in Coma Berenices" by R. J. Trumpler. Tea will be served at 4 p.m. Chemical Engineers: Important an- nouncements are to be made in the meeting tonight. Professor Brown will discuss "Retrograde Condensa- tion; its Industrial Importance" with demonstrations. Time: 7:30, Room 1042. Dr. Reinhold Niebuhr will speak at a luncheon at the Michigan Union, today, 12:15. Reservations should be made by calling Lane Hall, exten- sion 2148, before Thursday morning, 10 o'clock. Everyone interested is welcome Congress Tryouts: All eligible in- dependent men students interested in becoming a tryout for Congress, In- dependent Men's Organization, will meet today at 5 p.m. in Room 306 of the Union. Association Book Group: Professor Reinhold Niebuhr will lead an in- formal discussion of some of his re- cent writings at the Association Book Group this afternoon, 4 p.m., Lane Hall. Zeta Phi Eta: Regular meeting to- night at 7:15 in the Portia Room, All actives and pledges must be present, and are urged to be on time. League Publicity Committee will meet today at 5:00 in the Under- graduate Office of the League. Tryouts for the German Play, "Die Gegenkandidaten" will be held in Room 300 South Wing, today from 3-5 p.m. 0. G. Graf. University Girls' Glee Club: Re- hearsal tonight at 7:15 in Game Room of League. Bring eligibility cards. JGP Publicity Committee will meet at 5 p.m. today in the Undergraduate Offices of the League. Senior Class Dues will be collected Thursday and Friday in the lobbies of Angell Hall, the Main Library, Univer- sity Hall, at the League, and at the Union. Candy Booth Committee: There will be a very important meeting of all the girls working in the University Hall Booth today at 4:15 in the League. Everyone must be present. Dr. W. P. Lemon will give an ad- dress at the First Presbyterian Church, 1432 WashtenawAve., on the topic "How To Know The Prophets" at 7:30 this evening. This is the second of a series of Lenten addresses on the Bible. Immediately following the address a reception for Dr. and Mrs. Robert J. McCandliss, who have just returned from China, will be given by the Woman's Association of the Church. Michigan Dames Charm Group: The Charm Group of the Michigan Dames will meet this evening at 8:15 at the League. Executive Committee of the Ameri- can Student Union: There will be a meeting at 4 p.m. today at the Mich- igan League. Interior Decoration Section: Prof. Estella Bauch, Head of the Home Economics Department at Michigan State Normal College, will speak this afternoon on "Intelligent Buying for the Home." This lecture wll be given at, 3 o'clock in the Michigan League Building for the members of the In- terior Decoration Section of the Fac- ulty Women's Club. Kappa Phi: There will be a meeting today at the Methodist Church at 5:15. Union Vocational Guidance Forum: Dean Samuel T. Dana of the School of Forestry and Conservation will speak on the subject, "Forestry as a Vocation" today in the small ball- room of the Union. Coming Events Suomi Club: The recently-elected president of the Suomi Club, Edna Kandelin, '39, cordially invites all Finnish students to participate in a program of social activities at Lane Hall on Friday evening, March 3, at 8 p.m. The vice-president, Toivo Liimatainen, is chairman of the eve- ning's festivities, which naturally in- clude the proverbial Finnish "kahvi- tarjoilu." Mrs.,Reino Takala is the present secretary of the organization, which is particularly anxious to reach DAILY OFFICIAL BULLETIN Publication in the Bulletin is constructive notice to all members of the University. Copy received at the office of the Assistant to the President until 3:30 P.M.; 11:00 A.M. on.Saturday.