THE MICHIGN DAIL
Edited and managed by students of the University of
Mfichigan under the authority of the Board in Control of
Published every morning except Monday during the
University year and Summer Session.
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Board of Ed
Robert D. Mitchell.
* Albert P_. Maylo
Horace W. Gilmore
Robert I. Fitzhenry
. S. R. Kleiman
. Robert Perlman
. . Earl Oilman
. William Elvin
. Joseph Freedman
. . Joseph Gies,
. Dorothea Staebler
. Bud Benjamin
*Philip W. Butchen
Leonard P. Siegeiman
William L. Newnan
r Helen Jean Dean
*Marian A. $axter
Business Manager ,
Women's Business Manager
Women's Service Manager
NIGHT EDITOR: JACK CANAVAN
The editorials ppblished in The Michigan
Daily are written by members of the Daily
staff and represent the views of the writers
The Court'.. .
T HE HOARY CONFLICT on the
bench between the narrow, "legalis-
tic" appraisal of legislation, with its basis in the
protection of property interests, and the ap-
proach that looks to the exigencies and cir-
cumstances of the current social scene with a'
greater emphasis on human rights split the
Supreme Court into a Left, Center and Right
The 4-2-2 decision involving the Consolidated
Edison Company of New York and the National
Labor Relgtions Board, and incidentally the twoj
national labor organizations, provides a key to
the issues, conclusions and significance of the
Justices Hughes. Stone, Brandeis and Roberts
ruled that the NLRB could not void a labor con-
tract, between the Consolidated Edison and an
AFL electrical workers' union, but that the Labor
Board's jurisdiction included utilities of the Edi-
son type despite the claim that they are en-
gaged in intrastate commerce.
Justices Reed and Black, New Deal appointees,
concurred with the majority opinion on the
interstate aspect but went further and said the
Board was justified in abrogating the contract.
Justices McReynolds and Butler wanted the
NLRB over-ruled in every particular.
Turning 'to the majority decision, which is
the most important, we find a clarification of
procedure and not a serious curt.ailment of the
NLRB's power in the matter of contracts. It
must be remembered that court rulings are
based on the facts of a particular case. And al-
though Chief Justice Hughes, writing for the
majority, made the general statement that the
Labor Board cannot inflict any penalty it wishes
on an employer who violates,the Wagner Act,
he added this significant paragraph:
"But, as we have said, this conclusion (that
the contracts were the fruit of the employer's
unfair labor practices) is entirely too broad to
be sustained. If the board intended to make that
charge, it should have amended its complaint ac-
cordingly, given notice to the brotherhood, and
introduced proof to sustain the charge."
The implication is quite clear in this and other
passages that if the Board had proved conclusive-
ly that workers were coerced by the employer
into joining the brotherhood and that a majority
of them actually preferred another bargaining
agent (a CIO union in this case), then the con-
tract could be voided. Justices Black and Reed
felt that the contract in question was the re-
.sult of illegal activities, and the majority deci-
sion left the door open for such a finding in
The St. Louis Post-Dispatch ran a three-
column headline "Supreme Court Upholds Broad
Powers of NLRB in Consolidated Edison Case,"
emphasizing with good cause the ruling on juris-
diction. Brushing aside the conservative justices'
effort to restrict the NLRB's power, Chief Justice
IHughes and the majority pointed out that, al-
though 97.5 per cent of the Edison's electrical
energy is used in New York City and West-
chester County, nevertheless the company sup-
plies power to interstate railways, steamshipi
piers, telegraph and radio corporations and
federal post offices.
And The Truth . ...
BARELY had the signatures "Bonnet"
and "Von Ribbentrop" been affixed
to the Franco-German non-aggression pact
Tuesday when the controlled Nazi press un-
leashed a violent attack upon France for not
harkening to Italian bids for territorial revision.
With that attack, observers find it less difficult
to understand what motivated Mussolini's latest
Il Duce's demands are not, modest. As listed
by Edgar Ansel Mowrer, Paris correspondent of
the Chicago Daily News, they include: "transfer
to Italy of Savoy, Nice, Corsica and Tunisia; a
Franco victory in Spain; Italy's permanence in
Majorca; internationalization of Djibouti, the
port of French Somaliland; transfer to Italy
of the Djibouti-Addis Ababa Railway, and
Italy's obtaining a third interest in the Suez
Previous to the signature of the treaty, Ger-
many had remained neutral in the squabble,
causing foreign correspondents to wonder wheth-
er there might not be friction between Rome and
j Berlin over revisionist demands. Now the problem.
seems to have been clarified and verification
given the explanation previously offered by
Pertinax, reliable French diplomatic correspond-
In his dispatches to the North American News-
paper Alliance, Pertinax declared the Italian
agitation to be the direct result of a meeting be-
tween Galeazzo Ciano, foreign minister of Italy
and von Ribbentrop last Oct. 28. At that time
Mussolini demanded that Hungary and Poland
be given a free hand in Ruthenia, Pertinax re-
ported. Because Germany's "Drang nach Osten"
would be blocked if the Italian request were
granted, von Ribbentrop replied with a curt re-
fusal. Instead, he suggested that Italy seize Tun-
isia with German support. This Mussolini's repre-
sentative finally agreed to.
But, Pertinax declares, von Ribbentrop was as
amazed as any other diplomat when Mussolini
moved. Berlin saw in the action a definite at-
tempt to sabotage the Franco-German pact by
inflaming French public opinion against the
fascist powers Nazi sources believed that Il
Duce had taken unfair advantage of the October
agreement, probably to win revenge for his dis-
appointment over Ruthenia. Too, he feared that
with signature of the treaty Hitler would find
Italian support less necessary and fail to give
Drance and Germany, however, went ahead
with the pact. Immediately after it was signed
there was a rapprochement between Hitler and
Mussolini. With the diplomatic gesture no longer
threatened, Berlin could give Italy the promised
assistance. Italy let it be known th t'Italo Balbo,
the bearded governor of Libya, had massed
troops on the Tunisian frontier and that Italian
regulars were mobilized in Insurgent Spain,
ready, if necessary, to march against France.
What the eventual result will be no one can
yet tell. Informed circles believe that Mussolini
is probably using the Tunisian question to gain
concessions elsewhere. This muich is certain.
however. The Tunisian crisis, arising only three
short months aftr the fascists had agreed at
Munich to maintain the Mediterranean status
quo, is a stunning and perhaps fatal blow to
Neville Chamberlain's policy of appeasement.
Moreover, it reveals that the basic conflict of
German and Italian imperialist ambitions has
yet to seriously hamper the Berlin-Rome axis.
-Stan M. Swinton
The Booing Season
To the Editor:
The strawberry, peach, and watermelon sea-
sons have departed, and the, "raspberry" or boo-
ing season is at hand. Unless some effective
artificial frosts can be manufactured the crop
of boos at basketball games will be as large as
,those of recent years. Most of our present
basketball candidates are inexperienced, so that
victories will be won only after hard-fought
struggles. Adverse decisions by officials will be
met with at least the customary volume of voci-
I have attended almost all the Conference
basketball games played here since 1922, and
hence I have heard many decibels of booing on
numerous occasions. While I was watching my
first game in Waterman Gymnasium the stu-
dents who are destined to give booing concerts
this coming winter were children. They had not
learned to say "boo," and many years of lung
training were still ahead of them. They are now
Perhaps the sporting page of the Michigan
Daily should shoulder some small share of the
blame for booing. Several days before the North-
western football game the Daily began "iffing."
and a heading of the issue after the game read
as follows: "Big Ten Title Hopes Fade as Wild-
cats and Michigan End Up in Scoreless Tie."
Here the emphasis is on the loss of champion-
ship hopes rather than on the brililant playing
of two well-coached and determined teams. How
did the football players feel on getting such a
reward for their courageous goal-line stand? Is
it not possible for the sports writers to dwell
more frequently on the prospects of seeing a good
game and to stress a little more the remarkable
plays by both sides?
Though not inspirational, boos seem to be in-
spired, and in a frenzy both students and poets
must give expression to that which cries for
utterance. On the afternoon before a game could
-by David Lawrence-
Senator O'Mahoney of Wyoming has ex-
pressed, in his speech before the national associ-
ation of manufacturers, a principle which has
slowly but surely been gaining adherents here
as one of the cardinal points in any program
for the reestablishment of business confidence
The Wyoming senator, who, by virtue of his
position as chairman of the temporary national
economic committee, is listened to with especial
interest these days, declared that he was op.
posed to the "continued expansion of discretion-
ary control over business." This strikes directly
at one of the main criticisms of new legislation
in recent years-the tendency of Congress to
delegate commissions or bureaus certain broad
functions, which, as the Wyoming Senator says,
is inclined to mean inevitable use of authority in
accordance with "the ideas, the comprehension
and the predilections of the men exercising the
Such a definition of the difficulties of dis-
cretionary control of business by governmental
bodies meets a responsive note among business
men, yet Mr. O'Mahoney was quick to point out
that the alternative is by no means self-regula-
tion of business "without government interfer-
ence." He outlined instead the necessity for spe-
cific rules "by which the practices which we all
know to be wrongful shall be effectually ban-
Gathering . Of The Clan
Many business men have said that it was more
important to have specific rules, even though
they involved extra burdens, than to have
laws which were so broad in character as to
keep business coistantly on the anxious seat as
to how the law might be interpreted in the form
of bureau regulations.
To a large extent, this very differentiation
between discretionary control and specific rules
lies at the heart of the British legislation affect-
ing business and industry. Take, for instance, the
British industries act, which is designed to cover
the same ground as the securities and exchange
law in the United States. The British act does
not make broad generalizations and leave it to
a bureau or commission to carry them out. In the
American statute, there is a prohibition against
the omission in a sales prospectus of any
"material fact which may be misleading." In
the British law, the things which are deemed to
be material or misleading are specifically stated
so that everybody knows what they are.
Control Over Business
When it comes to amending the Sherman anti-
trust laws, and that, of course, is what Senate
O'Mahoney had in mind in his New York ad-
dress, the question is, what approach shall be
used? For a long time, the Senator has been
known to favor a bill requiring federal licenses
or federal incorporation of business. The main
objection to such a measure hascome from
those who have said this would mean an en-
largement of discretionary control by the govern-
ment, because, as a condition prerequisite to
the issuance of licenses or the granting of char-
ters of incorporation, the government might lay
down specific conditions such as in the Walsh-
Healey act. In the latter statute, the government
does not permit contracts to be let to any cor-
porations unless certain labor standards are
the cheer leaders a score of these men stationed
at strategic points in the stands to act as hush-
ers could control the situation. Those who boo
thoughtlessly-the vast majority-would heed
the efforts to repress booing, and the more ac-
complished and persistent booers would find
Reforms start with individuals or groups of
persons. If the University of Michigan students
would refrain from booing at the first three
Conference games they would not resume the
practice. If they give it up, student bodies at
other Conference schools would follow their
example, and the movement would spread
throughout the nation. Some day, somewhere,
some student body will come to realize that boo-
ing is bad form, and a new epoch in good sports-
manship will begin. Are University of Michigan
students willing to take the initiative and to
give good sportsmanship and courtesy a fair trial
at basketball games?
--I. B. Much Concerned
For Cleaner Campus
To the Editor:
It has come to my attention in the past few
days that the campus of the University is filthy
with paper, cigarette butts, apple cores, etc.
and that this condition. is pautting a rather bad
light on Michigan students. Since you are in a
position to reach the majority of the student
body, it is my suggestion that some comment
of the subject appear in the Daily sometime in
the near future. Parents and guests will be com-
ing to Michigan during the last few days of
classes preceding the Christmas holidays and in
my opinion it would be advisable to endeavor
to clean house before they arrive and after they
The manner in which you place this matter
before the students is in your own hands, but I
should like to suggest that you appeal more or
less to the students' personal pride and pride,
for the University in order that they might adopt
cleaner habits. Also these bogus signs
decorating all the trees aren't helping matters
any. Perhaps also a few trash cans like the one's
you find adorning the best of city street corners
wouldn't go amiss.
Fun At Kitty's
FRED JANKE, Jack Brennan and
Ralph Heikkinen spent last week-
end in Chicago as guests of the
Windy City alumni, and it follows
inevitably that they wound up at
the famed Kitty Davis's cocktail
lounge, the Wabash Avenue den for
which collegians the world over have
developed a nostalgic fondness. Some
say it has supplanted home in the
affections of the more restless souls.
The joint is usually so crowded that
even an agoraphobic sardine would
have trouble navigating therein, and
when the Wolverine grid trio entered,
accompanied \by Johnny iPotsy)
Yantis, himself no sylph, the brick
walls along Jackson Blvd. bulged.
At any rate, the boys-by accident
or design-met several Northwestern
players there, and, of course, played
and re-played their nothing-nothing
engagement. Someone announced
that an All-American was in their
midst, whereupon poor Heik was de-!
luged with Kitty's expensive, diluted
brew-on the house or some gaping
reveler. Then Janke and Brennan
were announced, and some rasping
voice demanded, "Where's Harmon?
Is Harmon in the house?" The trio
turned to Yantis, and by the magic
of mental telepathy, nudged the
portly lad almost simultaneously.
"Go on, Tom, give 'em a speech."
Yantis reluctantly mounted the
platform and submitted himself to
an interview, his pot-bellied appear-
ance a hilarious contrast to the
trimness of Tom Harmon. Finally,
Heiks Brennan and Janke joined
Yantis at the microphone in a bit.
of impromptu harmony. In the pre-
vailing tumult the boys weren't half
bad-for few could hear them: it was
a memorable evening indeed for Kitty
and her estimable corps of allegedly
Cops And Prowlers
WE HATE to spoil the baffling
mystery which developed last
Monday night and has remained un-
solved as yet by Ann Arbor's sharp
young gendarmes. But the story's
worth telling, so please pardon us,
The placid patrolmen were sum-
moned to a League house by a frantic
housemother, who testified in a voice
wracked by fear that prowlers had
invaded the house. She had distinct-
ly seen one on the fire escape outside'
her window. With characteristic dis-
patch, the cops searched the entire
house, with the gracious aid of the
girls livin there, who had been
stirred by the general commotion. But
no one was found, and nothing ap-
peared to have been touched. It's
easy to see why the law was stale-.
mated. This is what happened:
Several of the girls wanted ham-
burgers badly enough that night to
influence one of the more courageous
among them to visit the nearest
"white spot" and purchase the desired
provisions. It being after hours, the
gal resorted to the fire escape, doing
quite well until, upon returning, she
aroused the landlady, who caught
enough of a glimpse as she crept past
to sound the alarm. The girls bore
out the plot with magnificent aplomb
as they rifled drawers and closets to
help the harassed police.
OFF THE CUFF: Raymond Gram
Swing, Ken magazine's astute in-
ternationalobserver, writes: "The
peace of Munich, to be blunt about
it, stinks . . For a moment Munich
is deodorized." . . . The surrender of
Munich is merely a sequence, he says,
in a plot which will eventually lead
to a greater fiasco than resistance at
Munich would have produced . .
The swirling scenes of the Blue Dan-
ube in the movie, "The Great Waltz,"
reminds us of Rebecca West's descrip-
tion of the Strauss composition which
immortalized that river . . . She
called the Blue Danube Waltz, "the
most provocative piece of langorously
erotic dance music ever written."
. . . The Republican good will din-
ner at the Union Thursday night
coincided with the annual Daily ban-
quet, and when the two contingents
congregated at the Union checkroom,
one of this journal's wags remarked:
"This is the first time some of these
boys have been off the farm since
1932." .'. . With one or two excep-
tions he may have been entirely right
. . Overheard: "Don't disturb him.
-he's too busy contemplating him-
self . . ."-
nounced. The announcer implied,
however, that a sufficient indica-
tion of public disapporval of
the policy of broadcasting only one-
half of the program might very prob-
ably lead to its complete broadcast
for he stated that letters commenting
on the station's actions in regard to
this program would be welcomed.
The large attendance and hearty
display of enthusiasm at the Choral
Union concerts is good evidence that
there must be many Ann Arbor people
who are severely disappointed at be-
ing denied the music of such an ex-
You of M
fly See Ter'ry
DAILY OFFICIAL BULLETIN
PiitcIion In he Bulletin con'=trutve notlee to ili members -of the
Unlverif, Copy eeeVed at the offtre or the Asvitant to the. President
until 3:30; 11:00 a m, on Saturday.
__ _ _ .--- i -- -
(Continued from Page 2)
ed in bowling instruction are asked to
sign up at the Women's Athletic
Building, or Barbour Gymnasium.
Exhibition, College of Architecture:
A collection of etchings and litho-
graphs by prominent American ar-
tists, shown through the courtesy of
Professor Walter J. Gores. Corridor
cases, ground floor, Architecture
Building. Open daily except Sunday
through Jan. 2. The public is invit-
Ann Arbor Artists' Mart: Sponsored
by the Ann Arbor Art Association, al-
so an Exhibition of Prints from the
Chicago Artists Group. Alumni Mem-
orial Hall, North and South Galleries;
afternoons from 2 to 5; evenings 7 to
10; Sundays, 2 to 5. Through Dec.
Chess Exhibition. The Michigan
Union, the Ann Arbor Chess Club,
and the University Club have jointly
made possible an exhibition of blind-
fold chess by the Belgian chess ex-
pert, Mr. George Koltanowski, in the
South Lounge of the Michigan Union,
Saturday, Dec. 10, 7:30p.m. The ex-
hibition is open to the public without
charge; a brief lecture on Blindfold
Chess will precede the play. At least
eight games will be played blindfold
against local experts.
Exhibition of Japanese Prints: The
exhibition of Japanese prints under
the auspices of the International
Center which opened the past week
in the West Gallery, 4431 of the
Rackham Building, will be open
through the coming week, closing
Friday afternoon, Dec. 16. The hours
will be as during the past week, 9 to
12 a.m.. 2 to 4 and 7 to 9 p.m. daily
excepthSunday. The prints, which
are the collection of Miss Toyoko
Nagashima, a student in the Gradu-
ate School, are representative of the
very greatest artists in the field of
Deutscher Verein: Next chorus will
meet today at 4 p.m. in the Mich-.
igan League. Otto G. Graf.
Sphinx: Sphinx will hold an in-
formal social gathering from 8 to 12
p.m. today in the Allenel Hotel.
Members will be allowed to bring
American Association of University
Women: The regular monthly meet-
ing will be held in the Library of the
School of Architecture this after-
noon at 3 p.m. Dr. Robert W. Kelso,
Director of University of Michigan
Institute of Public and Social Ad-
ministration, Detroit, will speak on
the subject, "How Can We House
Low-Income Families Decently?"
Alpha Lambda Delta Members:
Don't forget we are going to have a
luncheon get-together at twelve
o'clock noon in the Russian tea
room of the League. Please buy your
luncheon in the grill and carry your
gray' into the tea room where we
have tables reserved. We want to
see you all there.
Varsity Glee Club: The club will
meet at 5 o'clock today in Morris
Hall for the broadcast.
Sigma Alpha Iota will have its
final rehearsal for the candlelight
service, today at 2:30 at the Congre-
The Outdoor Club will meet at Lane
Hall today at 2 p.m. for a hike. Stu-
dents interested are cordially invited
Women's Fencing Club: There will
be a meeting in the fencing room at
Barbour Gymnasium at 9:30 a.m. to-
Outdoor Sports, Women Students:
There will be a skating party at the
Coliseum this afternoon at 2:30 p.m.
Sign up on Bulletin Board at Bar-
bour Gymnasium of Women's Ath-
The Graduate Outing Club will go
for a hay ride Saturday,'Dec. 10. They
will meet at 9:30 p.m. or immediately
after the game, at the Rackham Bldg.
For reservations call 4598.
Sunday there will be a hike. The
group will leave the Rackham build-
ing at 3 p.m. and will return there
German Table for Faculty Mem-
bers: The regular luncheon meeting
will be held Monday at 12:10 p.m:In
the Founders' Room of the Michigan
Union. All faculty members interest-
ed in speaking German are cordially'
invited. Professor Richard Etting-
hausen will give a brief illustrated
talk on, "Die schonste persische
ery." The Council will meet at 7:15
p.m. in the Assembly Hall.
Biological Chemistry Seminar, Mon-
day, Dec. 12, 7-9 p.m., Room 319 West
"Bacterial Proteins and Related
Problems" will be discussed. All i-
terested are invited.
Physics Colloquium: Professor H.
R. Crane will make some remarks
on the Application of Nuclear Physics
to Biological Problems at the Physics
Colloquium on Monday. Dec. 12 at
4:15 in Room 1041 E. Physics Bldg.
Parapsychology Club: Prof. F. W.
Pawlowski will speak at 8 p.m. Mon-
day in the East Lecture Room ofbhe
Rackham Building on "The Problemls
of Physical Research." The public is
The Hiawatha Club will meet at
8 p.m. on Monday evening instead
of Wednesday evening. a was pre-
Freshmen Glee Club: Important
special rehearsal Sunday, Dec. 11, at
Aeronautical Engineering Students:
The second Annual Wright Brothers
Lecture, celebrating the 35th anni-
versary of the Wright Brothers'
Flight, will be given Tuesday, Dec.
13, at 7:30 p.m., in the Amphitheatre
of the Rackham Building, under the
auspices of the Student Branch of
the Institute of the Aeronautical Sci-
ences. Dr. Hugh L. Dryden, of the
National Bureau of Standards, has
prepared the lecture which is on,
"Turbulence and the Boundary Lay-
er." The paper will be presented here
by Mr. Ralph H. Upson, and an open
discussion will follow. Don't miss
this chance to hear one of the finest
lectures of the year. on one of the
most vital phases of Aeronautical in-
gineering. All Aeronautical students
are invited as well as members of
the I.Ae.S. Refreshments will bye
Acolytes: Meeting on Monday, Dec.
12, at 7:30 p.m. in the West Confer-
ence Room of the Rackham Buildig.
Rabbi Bernard Heller will speak' on
"The Role of Religion in Ethics."
Anyone interested is invited to at-
The Christian Student Prayer
Group will hold its regular meeting
at 5 p.m. on Sunday afternoon in
the Michigan League. Please con-
sult the bulletin board for the room.
For an hour of worship and praise
you will enjoy visiting this meeting.
Bibliophiles: Will hold their regu-
lar meeting next Tuesday, Dec. 13, at
2:30 at the home of Miss Frederickb
Gillette, 1319 South Forest.
The Music Section of the Faculty
Women's Club will meet . Tuesday,
Dec. 13, at 8 pin. at the home of
Mrs. G. G. Browin, 1910 Hill St.
Professor J. E. Maddy will speak.
The music group of the Michigah
Dames will be guests.
Art Cinema League Film Series:
Anna Christie with Greta Garbo, the
third program of the Film ,Series, w1l
be shown this Sunday at 3:15 and
"Cooperatives" will be discussed by
Mr. A. K. SteVens of the Department
of English. at the Freshnman Round
Table, Sunday, 4 p.m., Lane Hall. All
freshmen are welcome.
Engineers: Vote for your fresh-
man, sophomore, junior and senior
class representatives in the lobby of
the Engineering Arch on Tuesday,
Senior class officers will be elected
on Wednesday, Dec. 14. Voting will
take place in the lobby
First Baptist Church, Sunday,
10:45 a.m. Dr. John Mason Wells 'of
Hillsdale College will preach on the
subject, "As You See It." Church
school meets at 9:30.
Roger Williams Guild, Sunday, 9:45
a.m., Students Class at Guild House,
Mr. Chapman presenting a survey
of the later books of the O. T. 6:15
p.m. Rev. W. R. Shaw, pastor of
Ypsilanti Baptist Church, will speak
jon "Our Guiding Star." Social and
First Congregational Church. Corn-
er of State and William Streets.
10:45 a.m. The subject of Dr.
Parr's sermon will be "The Tenth
Man." Special Christmas music will
be sung by the choir.
6 p.m. Student Fellowship Christ-
mas Party for underprivileged boys.
Supper will be served, followed by a
Christmas tree and a visit from Santa
8 p.m. Sigma Alpha Iota Candle-
light Service in the Church Auditori-
First Church of Christ, Scientist,