THE MICHIGN DAIL Edited and managed by students of the University of Mfichigan under the authority of the Board in Control of Student Publications. Published every morning except Monday during the University year and Summer 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 otherwise 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. Subs-riptions during regular school year by carrier, $4.00; by mail, 14.50. REPRESENTED POR NATIONAL ADVERTISING BY National Advertising Service, Inc. College Publishers Representative 420 MADISON AVE. NEW YORK, N. Y, CHAaOST-LOS ANGELS SAl "FRANCIScO Member, Associated Collegiate Press, 1938-39 Managing Edit Editorial Direc City Editor Associate Edito Associate Edito Associate Edito Associate Edito Associate Edito Associate Edito Book Editor Women's Edito: Sports Editor. Board of Ed tor . tr . r . Business Depa; fitors 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 rtment *Philip W. Butchen Leonard P. Siegeiman William L. Newnan r Helen Jean Dean *Marian A. $axter Business Manager , Credit Manager Advertising Managernr 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 only. NLRB Splits 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 line-up Monday. 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 case. 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 future. 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 ,outburst. 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 Canal Company." 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- ent. 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 Italy aid. 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 Editor Gets Told.. 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- feration. 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 ready. 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 TODAY in WASHINGTON -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 in America. 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 power." 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- ished." 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 complied with. 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 silence advisable. 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 have gone. 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 collegiate hostesses. 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, philo. 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 -- - 11 #; I (Continued from Page 2) ed in bowling instruction are asked to sign up at the Women's Athletic Building, or Barbour Gymnasium. Exhibitions 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- ed. 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. 15. 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 Japanese art. Events Today 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 dates. 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- gational Church. The Outdoor Club will meet at Lane Hall today at 2 p.m. for a hike. Stu- dents interested are cordially invited to come. Women's Fencing Club: There will be a meeting in the fencing room at Barbour Gymnasium at 9:30 a.m. to- day. 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- letic Building. 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 for supper. Coming Events 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 Medical Building. "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 cordially invited. The Hiawatha Club will meet at 8 p.m. on Monday evening instead of Wednesday evening. a was pre- viously planned. Freshmen Glee Club: Important special rehearsal Sunday, Dec. 11, at Michigan Union. 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 served. 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- tend. 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 8:15 p.m. "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, Dec. 13. Senior class officers will be elected on Wednesday, Dec. 14. Voting will take place in the lobby Churches 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 refreshments. 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 Claus. 8 p.m. Sigma Alpha Iota Candle- light Service in the Church Auditori- um. First Church of Christ, Scientist, ,I