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Editorial
IDo You
Want The Truth?.
Required Reading
For Congressmen . .

VOL. XLIX. No. 73 Z-323 ANN ARBOR, MICHIGAN, FRIDAY, JAN. 6, 1939

PRICE FIVE CENTS

Fr ankfurter,
Noed Liberal,
Named To Fill
Court Yaea'ney
Senate Apparently Certain
To Confirm Selection,
Praising Legal Abilities
Murphy's Chances
Called Favorable
WASHINGTON, Jan. 5-AP)-Har-
vard's noted liberal, Prof. Felix
Frankfurter, outspoken champion of
the view that the Constitution is an
elastic document framed to meet the
changing needs of a changing society,
was appointed to the Supreme Court
today by President Roosevelt.
The Senate immediately made it
unmistakably apparent that it would
confirm the nomination. With some
exceptions, senators of all political
*nd economic faiths applauded the
appointment and praised the little
professor for his legal and scholarly
attainments.
The exeptions were principally
membeirs of the Democratic bloc
which defeated the President's ef-
fort to reorgapize the Supreme Court
in 1937. Acknowledging Frankfurter's
ability, they nevertheless declined
for the moment to cdmmit them-
selves to his support.
It was obvious to many who dis-
cussed the question with them that
they wanted to talk it over among
themselves before coming to a deci-
sion. Since the battle of 1937, their
first disposition is to examine with
the utmost care any proposition af-
fecting the courts.
But even among this group there
were notable defections, such as Sena-
tor Burke (D-Neb), an outstanding
leader pf the fight against the court
bill and one whose philosophy of
government obviously differs from
that of Frankfurter. He said that
Frankfurter had "every qualification
for a Supreme Court justice" and that
he would vote for confirmation.
Murphy's Chances Googd
WASHINGTON, Jan. 5 -()--
Democratic and Republican senators
joined today in predicting prompt
confirmation of Frank Murphy as
Attorney-General-but only after a
complete airing of the former Michi-
gan governor's views on sitdown
strikes.
A poll of the committee of seven7
senators appointed to report on Mur-
phy's nomination disclosed that four+
of them were ready to vote approval+
even before public hearings. ,
Senators Assail'
TVA Removal
New Board A pointmentR
Recalls Morgan Case +
WASHINGTON, Jan, 5.-(P)- The
President's right to oust an executive
officer of a governmental agency be-
came an issue before the Senate to-
day with the appointment of James
P. Pope, former Idaho Senator, as a
member of the TVA board.
Senate critics of the TVA, soon
after President Roosevelt had named1

Pope to succeed Dr. Arthur E. Mor-
gan, announced that they would at-
tempt to block the appointment on
the grounds that there is no vacancy
on the board.
Senator Bridges (Rep., N.H.) said
he was assembling data to show that
the President had no right to remove:
Doctor Morgan last'year.
On the other hand, Senator Norris
(Ind.-Neb.) asserted there could be
no question as to the legality of the
President's appointment of Pope, de-
spite the fact that a TVA salary
claim case has been brought in the
courts by the ousted board member.
Haulaway Drivers
On Strike In Flinti
FLINT, Jan. 5.-(/P)-Transpor-
tation by truck of new automobiles
from the Buick Motor Division plant
here was halted at 3 p.m. today when
drivers for two haulaway companiesI
went on strike.
The concerns involved were thel
Routel1 rivewav (C.anr tha ntnr

Dean Bates Lauds Frankfurter
Nomination To Supreme Court

Bahck Fromi Spaifl

Roosevelt Seeks

Budget

'Is Thorougly Faailiar
With Our Legal System,'
Faculty Member Holds
Prof. Felix Frankfurter of Harvard
University, nominated to the U.S.
Supreme Court yesterday by the
President, was praised by Henry M.
Bates, Dean of the Law School, who
was an associate of Frankfurter's at
Harvard, as "a man of exceptionally
high ability, and a true liberal-a
believer in order and American in-
stitutions, not a fanatic or radical."
"lrofessor Frankfurter is thor-
China Of Today
Will Be Topic
Of Judd's Talks
Speaker Directed Hospital
In Present War Zone
Before Return To U.S,.
Dr. Walter H. Judd, who has re-
cently returned from North China
where he was head of a large hospital
within the present war zone, will give
three addresses on the Chinese War
Wednesday in Ann Arbor.-
Dr. Judd's main address will be
given at 4:15 p.m. in the Union ball-
room. The title of his talk will be
"The Significance of the Present
Struggle in the Far East." He will
speak from first hand information
since his hospital, The Mission Ho'-
pita! in Fenchow, Shansi province,
was in the territory recently taken
over by the Japanese armies.
He will also speak on "The Coun-
try Doctor in China" before students
of the Medical School at 10 a.m. and
on "The Background of the Struggle
in China" at a luncheon of the Ann
Arbor Rotary Club at noon in the
Union.
Dr. Judd spoke in Ann Ai'bor on
Nov. 8 at the Congregational church.
His topic was "China Today." Dr.
Judd objected strongly to the strong
,upport Japan is receiving from the
neutral nations and warned of the
folly of this nation rearming against
Japan at the samet time it contributes
most of the necessities in Japan's re-
armament program.
Defective Wiring
Blamed For Fire
Flames which razed the Phi Kappa
Tau fraternity house Wednesday
morning sprang from defective wir-
ing in the front parlor ceiling, ac-;
cording to Fire Chief Charles J. An-
drews.
The flooring on the second story
directly over the spot where, the blaze
is suspected of having originated is
the most heavily damaged, having
been eaten away in a strip four feet
long and two feet wide. The fire
spread upward through the upper
three storys from the parlor at the
north end of the building and de-
stroyed the roof. An official estimate
of the damages wrought will be a task,
of approximately three days dura-
tion, he said.
Store Damaged By Fire
Fire of unknown origin broke out
late yesterday in the basement of a
shoe repair store on William St., be-
tween State and Maynard. It was
soon brought under control by the
fire department, and little damage
was done.

ouglily familiar with our legal sys-
1cem," said Dan Bates, "especially
with phases now very much in the
fore in constitutional and adminis-
trative law. He profoundly believes
in government according to law, but
thinks of law as a living, therefore
changing, institution, which must be
kept in adjustment with contempor-
ary life."
The appointment of Frankfurter
increases the representation of the
East, making two men on the High
Court from Massachusetts. However,
the understanding is, according to
Dean Bates, that Brandeis, the other
justice from Massachusetts, is to re-
tire at the end of this term, leaving
no reasonable objection, in his opin-
ion, to the second man.
"Frankfurter is broadminded
enough to be fully cognizant of Wes-
tern and Southern institutions and
will be entirely sympathetic and fair
about them," Dean Bates stated.
Frankfurter has made a profound
study of the Supreme Court, print-
ing several articles and books on
that subject. "In that respect, there
isn't i4 better qualified man in the
United States," Dean Bates said.
Franco Suffers
Heavy Losses
I n Southwest
Loyalist Dispatches Report
Rebel Forces In Retreat
With Thousands Killed
HENDAYE, France (At The Span-
ish Frontier), Jan. 5,-(IP)-.Success
in a surprise offensive in southwes-
tern Spain was reported by Govern-
ment troops tonight after the two-
week-old Insurgent campaign in the
northeast rolled through Borjas
Blancas, the second important Insur-
gent goal to fall in two days.
Dispatches from Valencia and Ma-
drid -said Insurgent forces were in
,full retreat in the Balsequillo sector
of Estremadura and had lost thou-
sands of dead and prisoners in a bat-
tle that began shortly after dawn, at
almost the same time that the Insur-
gents were conquering Borjas Blan-
cas, the southern key to the Govern-
ment defense lines in Catalonia.
The Madrid and Valencia reports
said that'the entire Noria chain of
mountains had been captured and
that the railroad line from Cabeza
del Buey, 140 miles southwest of Ma-
drid, to Belmar had been cut. In-
surgent resistance in the Noria moun-
tains had collapsed, te Government
reported, when militiamen captured
strategic Papuido after six hours of
hand-to-hand fighting.
The Government attack in the
southwest, designed to offset Gen-
eralissimo Francisco Franco's gains
in the east, hit the Insurgents on
one of their weakest fronts, from
which it had been reported Franco
had withdrawn large numbers of
troops for the offensive against Cata-
lonia and Barcelona.
The tactics were a repetition of
those by which the Government halt-
ed Franco's drive on Valencia late
last summer. Then, an equally sur-
prising Government attack on Gan-
desa forced Franco to abandon a cam-
paign against Valencia to clean out a
pocket on the Ebro river.
The Insurgent command reported
that it had followed up the occupa-
tion yesterday of Artesa, 65 miles
northwest of the Government capital
Barcelona and heart of a highway
network, with the conquest of Bor-
jas Blancas.

Of Nine Billion; Defense

Figure Soars

To Record

ROBERT CUM'MINS '37
Local Recruits
Talk On Spain
At Union Today
Two Michigan Students
And British Legislator
Present 'SpainI: 1939'
By S. R. KILEIMAN
Two Michigan students who have
just returned from 15 months of
active service in the International
Brigade in Spain will join with a
member of the Briti'sh Parliament and
a former war correspondent in Spain
in a symposium on "Spain: 1939" at
4 p.m. today in the Union Ballroom.
Robert Cummins, '37, and Elman
Service, '39, who went to Spain in
June, 1937, returned to Ann Arbor
during Christmas vacation. The other
two speakers are Dr. Edith Summer-
skill, Laborite, who was elected to
the House of Commons from the tra-
ditionally Tory county of West Ful-
ham last Summer; and Jay Allen,
who was for twelve years a corres-
pondent of the Chicago Tribune and
covered Rebel Spain until forced to
leave after reporting the massacres
at Badajoz.
Cummins, who was an associate
editor of the Daily in his senior year
and lives in Ann Arbor, left the lines
on Sept. 23 after the decision of the
Spanish Govmnment to send home
all its foreign volunteers as a chal-
lenge to Mussolini to withdraw his
soldiers from the Rebel ranks.
Service, at the time, lay wounded
in a Loyalist hospital, having been
shot through the left lung in the Ebro
River offensive that blocked the Rebel
attempt to capture Valencia last
Summere. When he heard that the
Brigade was being sent home, the
Daily learned yesterday, Service
walked out of the hospital, although
(Continued on Page 2)
CioIt Replaces
Miss Flagstad
In Cloral List
Six years ago, Beniamino Gigli, re-
nowned Italian tenor, was the lead-
ing performer of the Metropolitan
Opera House, succeeding to the roles
of the late Enrico Caruso. He now
returns to America from European;
musical centers, where he has been
acclaimed as having reached the zen-
ith of his career, and will be heard in
a Choral Union concert here on
Thursday, Jan. 19.
Mr. Gigli, who was not regularly
scheduled as a performer this sea-
son, has been secured to replace Kir-
sten Flagstad on the program after
the Wagnerian soprano and Metro-
politan star was forced to cancel her
appearance because of severe illness.
Madame Flagstad's engagements for
the remainder of the season are such
as to prevent her filling the post-
poned date.
The return of Mr. Gigli to American
stages has been hailed as the "most
exciting event of the musical sea-
son." Impressarios have endeavored
to bring about an American tour for
many years, but, because of Mr.
Gigli's popularity in Europe, they
were unable to make the necessary
arrangements.
The BudapestUniversity Chorus,
scheduled to appear here on JIan. 25,
has cancelled its American tour be-
cause of poltical conditions on the
Continent, it was recently announced
by Dr. Charles A. Sink, president of
the School of Music. The famous
English piano team of Bartlett and

Robertson have been secured to re-
place this cancellation.
Price Of Michiganensian
W11 -,T T_. r7

Expansion Of Air Force
Is Outlined In Program
To Meet Developments'
Detailed Message
Is Due Next Week
WASHINGTON, Jan. 5.- (P) -
President Roosevelt shaped detailed
proposals for a vast expansion of the
nation's air power today after giving
Congress the outlines of a record new
$1,609,558,000 armaments program to
meet "grave and unsettling develop-
ments" abroad.
With a dozen high Army, Navy and
diplomatic officials, the Chief Ex-
ecutive went over the recommenda-
tions to be presented in a special na-
tional defense message next week.
Submitting his annual budget esti-
mates, Mr. Roosevelt told Congress
he would ask then for a $500,000,000
supplementary appropriation to re-
inforce land, sea and air defenses.
Military officials expect it to de-
tail proposals for thousands of new
warplanes, more bases, munitions
supplies and manufacturing facili-
ties, and mass training of pilots and
mechanics.
"Because of the conditions of mod-
ern warfare, we must perform in ad-
vance tasks that formerly could be
postponed until war had become im-
minent," Mr. Roosevelt told Congress.
He estimated that altogether na-
tional defense outlays for the 1940
fiscal year opening July 1 would total
$1,319,558,000.
This would be the largest- Ameri-
can arms budget in 19 years, and ant
increase of about 30 per cent over
the current year's Army and Navy}
expenditures for strictly military
purposes.
Hitler ToC ive
Liberal Offe:r
Edaitor Believes i
Pays .To Watch Technique1
Of Fuehrer At Present I
Time, German Writes
BERLIN, Jan. 5.--(P)-A usuallyt
well-informed German editor consid-t
ers press broadsides against thej
Roosevelt Administration, as repre-
sented today in reaction to the Presi-
dent's message to Congress, as the
possible prelude to a "generous offer
of appeasement" by Reichsfuehrert
Hitler.f
"It pays to watch our Fuehrer's
technique when great events are in
the offing," he said.
"Few people, for instance, could
understand why Hitler in his Saar-
bruecken speech of Oct. 9 made no
generous gesture of appeasement to-
ward France but on the contrary
spoke of increasing western fortifi-
cations.
"We who understand him felt cer-
tain that his uncompromising lan-
guage was but the forerunner to a
most generous action.
"That action became manifest,
when on Dec. 6 Von Ribbentrop (Ger-
man Foreign Minister) signed the
French-German Accord in Paris
wherein all claims to Alsace-Lorraine
are renounced for all time.
"Just be patient-you will see
something wonderful emerge after
these weeks of violent language."

Carillon Bell Rings Out
Ot1] Year -115 Times
Exactly 115 souls were "cheered,
encouraged and uplifted" soon after
11 p.m. yesterday when the 12 ,ton
bell in the Burton Tower went on
strike and kept on striking for some
11,1 minutes before the mediation
measures of a watchman settled its
clock.
It was at the dedication of' the
Baird Carillon that President Ruth-
ven expressed his hope that "each
time the bells sound some soul will
be cheered, encouraged and uplifted."
Edward C. Pardon, superintendent of
the buildings and grounds depart-
ment, said last night that the insis-
tant tolling was caused by probably
" some slip in the mechanism, such as
a frozen bearing. They don't make
these things every day," he com-
mented, "there's bound to be bugs
in them."
"
Jap Premier
To Defy U.S.
in China Polley
New Fascist Government
Installed In Ceremony
By Emperor Hirohito
TOKYO, Jan. 6--(Friday)--0P)_-
Reliable sources believed today that
the new government under fascistic
Baron Kiichiro, Hiranuma probably
would be more outspoken than its
predecessor in resisting United States
contentions against Japan's policy in
China.
The 73-year-old bachelor premier
and his cabinet were installed in of-
f ice last night by Emperor Hirohito
in a palace ceremony. Prince Fumi-
maro Konoye, whose cabinet resigned
Wednesday, became minister without
portfolio and also was installed as
president of the Privy Council.
One of the most pressing problems
before the new government is the
issue between Japan and the United
States over the "new order" in China
The new premier himself last night
in his first interview side-stepped in-
ternational questions except to say
that "the immutable poliy" previous-
ly drawn up would be followed.
(The "new order"' announced by
Japan for the first time last Nov. 2
divisions the welding of Japan, Man-
choukuo and China into a political,
economic and cultural bloc.
The premier in a post-installation
statement expressed determination to
solve "a situation of unprecedented
difficulties" through complete na-
tional unity.
Society Editor Wrong:
It Happened Last Week
Bonth Williams, former Daily col-
umnist now haunting the halls of
the Law School, dropped in at the
Publications Building last night very
embarrassed by the statement on the
Daily society page that he was to be
married sometime soon. He already
is married.
Bonth, listed in the enrollment
files as Fred Buesser, '40L, and Betty
Ronal, '38, (one of Michigan's 10
most beautiful-Gargoyle, 1936-37)
were married last week in Chicago.

Year's Spending Will Lift
Public Debt To Peak
Of $44,458,040,000
Farm Subsidies
To Be Increased
WASHINGTON, Jan. 5 -(P)-
President Roosevelt today proposed
Another year of large-scale Federal
spending which he estimated would
lift the gross public debt to an all-
time high of $44458,00Q,000.
This indebtedness, which he pre-
dicted would be reached unless "mod-
lrate" tax increases were imposed to
pay for the enlarged armament pro-r,
gram and farm subsidies which Con-
Tress authorized last year, would be
within about half a billion dollars
if the limit allowed by present law.
It was expected generally that Mr.
Roosevelt would ask Congress later
to raise this limitation on the
;rounds that the Government should
be free to meet any unforeseen emer-
,ency.
Anathema To Byrd
The $8,995,000,000 budget which
he President submitted to the legis
'ators for the next fiscal year con-
.ained much that was pleasing to
idvocates of increased armament and
to the "spending-for-recovery" school
:f economic thought.
Its forecast that the Government
would go $3,326,000,000' farther into
the red during the year was anathe-
na, however, to most Republicans
and conservative Democrats who, like
Senator Byrd (D-Va) contend the
New Deal's fiscal policies are leading
;he country toward chaos, A storm of
:riticism broke from this quarter.
Senator Taft (R-Ohio) said the bud-
;et was shot through with the "false
idea of pump-priming," and Senator
Bailey (-NC) declared continued
aeavy spending meant more and more
axes.,
Assures Business
Mr. Roosevelt asked by far the
argest sum for nationaldefense in
;he nation's peace-time history-
X1,609,558,000, of which he said
fl,319,558,000 actually would be spent
luring the year--to build a vast fleet
f war planes, continue the naval
construction program, increase naval
personnel and finance the Army and
Wavy generally.
At the same time he urged "assur-
mce" to the country's business men,
armers and workers that the big'
works program undertaken last sum-
'ner in the midst of the business
lump would not be curtailed "arbi-
trarily or violently."
Buying Power Needed
Referring to work relief and simi-
ar expenditures, he said:
"A violent contraction, before the
iatural expansion of private indus-
'ry is ready to take 'up the slack,
would mean, not only human misery,
)ut a disruptive withdrawal from
American industry of a volume of
>urchasing power which business
'eeds at this time."
The goal he announced yesterday
n another message to the country-
i national income of $80,000,000,000
>r more-was brought into the dis-
>ussion by a table indicating that
wvith such a countrywide income the
'rovernment's revenue from existing
taxes would be $8,000,000,000 instead
>f the $5,669,000,000 predicted for
he next fiscal year.
As to the kind of taxes to be en-
icted, he left that up to consultation
>etween Congressional and Treasury
eaders, except for his advice against
levies "repressive" upon purchasing
power.
it was believed widely, however,
that Mr. Roosevelt considered taxes
upon goods which the general public

buys to be repressive while not so
regarding inheritance and estate
levies.
Chamberlain Acclaims
Presidential Message
LONDON, Jan. 5 -(P)- Prime
MincfprNai a r iami rnm

U.S. Farm Problem Is Umsiique
As Result Of Poor Marketing

(E~ditor's Note: This is the second in
a series of articles in which the writer
will investigate the history and the
nature of the present problems con-
fronting American agrictuire, and the
various proposals for their solution.)
By ELLIOTT MARANISS I
The United States, almost unique-
ly among the nations of the world,
possesses farm -*roduction power
greatly exceeding the purchasing pow-
er, and with some crops the needs of
the domestic population.
The nature of our agricultural
maladjustments then, differs pro-
foundly from those of deficit-agri-
cultural countries, whose first neces-
sity is an adequate food supply. The
problem here is economic more than
technical; it is, as is .generally recog-
nized, essentially a problem of mar-
ketina rather than that of deficient

arising out of the present state of our
internal economy and the world
market. The problem formerly was
to expand the agricultural output
steadily to meet a steadily increasing
demand at home and abroad. Even as
recently as 1933 many people believed
that only an emergency farm pro-
grai was necessary; they believed the
elimination of the surpluses that
existed then would clear the way for
a return to the old system of un-
limited production. Today it is evi-
dent that we face a more or less
permanent problem in agricultural
adjustment.
The process of post-war rehabilita-
tion uncovered profound change in
our national life: the rate of growth
declined in the domestic population;
immigration ceased; the cities be-

Award Will Be Given Student
Who Writes Best Radio Script
An award of $25, donated by a Inot only appeal to Michigan Alumni

prominent alumnus, will be given to
the student submitting the most sat-
isfactory 45-minute radio program
for the celebration of National Michi-
gan Day to be broadcast nationwide
March 18 over the Columbia Broad-
casting System.
The scripts must be submitted on
or before Friday, Jan. 20, at Morris
Hall. While the prize will be awarded
for the best program submitted, the
program broadcast may be a combi-
noin o iaao nr er ,f aaia

but also to the general public as
well.
The program, featuring the Uni-
versity Band, University Glee Club
and the Carillon, may be either uni-
fied or in the form of skits intro-
ducing the most popular of typical
Michigan songs and selections, he
said. Dramatic incidents in the de-
velopment of the history of the Uni-
versity may be used for these skits, al-
though the historical aspect need not