THE MICHIGAN DAISY VITPIT, .JAN- -1.2, 1 IE MICHIGAN DAILY " ' OW i fulkd.%R MgW,,,a V, .,,TfltrI ,,ludac~wi f l Orw.M M~f a[~. pmt-e O b.* 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 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.- Subscriptions during regular school year by carrier, $.OU; by snal, $4.50. REPRESENTED FOR NATIONAL ADVERTISING BY National Advertising Service, Inc. College Pblshers Representative 420 MADISON AVE. NEw YORK, N. Y, CHICAGO * BOSTON -LOS ANGELEs - SAN FRANCISCO Member, Associated Collegiate Press, 1938-39 Board of Editors Managing Editor. . Robert D. Mitchell Editorial Director . . . . Albert P. May10 City Editor . . . . Horace W. Gilmore Associate Editor . . . Robert I. Fithenry Associate Editor . . . . . S. R. Kleiman Associate Editor . . . . Robert Perlman Asociate Editor Earl ilman AssocateEditor. . . . William Elvin Associate Editor . . . Joseph Freedman Book Editor . . . . . . Joseph Gies Women's Editor . . . . . Dorothea Staebler Sports Editor. Bud Benjamin Business Department Business Manager. . . , . Philip W. Buchen Credit Manager . Leonard P. Siegelman Advertising Manager . . William L. Newnan Women's Business Manager . . Helen Jean Dean Women's Service Manager . . Marian A. Baxter NIGHT EDITOR: CARL PETERSEN The editorials published in The Michigan Daily are written by members of the Daily staff and represent the views of the writers only. Labor Incorporation Still A Dead Issue? . rITH THE strong anti-New Deal fac- tion'in the 76th Congress now in session promising to attack everything Roose- veltian, the question of union responsibility in its connection with the Wagner Act is certain to be one of the centers of attention. In condemning the Wagner Act, the employers claim that they are told what they may do or. may not do and that no similar regulations are laid down for labor. The National Labor Rela- tions Act, they point out, provides penalties for any act of discrimination on their part, but the unions are allowed a free hand. It is thus pos- sible, they claim, for a union to break a con- tract and to inflict serious damages without in- curring any liability. They demand that the government undertake the compulsory incorpora- tiorr of unions so that they will become respons- ible, legally suable institutions. The unions, on the other hand, insist they have proven just as responsible as have the em- ployers. Prominent men have backed this asser- tion; Senator Wagner has stated that not more than one-half of one per cent of labor's con- tracts are broken. Lack of union responsibility is alleged, in many cases, by employers who are unwilling to recognize labor's right to collective' bargaining. In regard to liability, the unions call attention to the famous Danbury Hatters Case which established the precedent that the officers of a union can be sued for full dam- ages if a contract is broken. They point to a Supreme Court decision in 1922, asserting that the union itself can be sued if its actions in breaking a contract interfere with interstate con, merce- Why, the unions want to know, should they be forced to incorporate when the employers' trade associations which fight them would be under no such compulsion? They add that in- corporation has always been a privilege, never an obligation; when businesses incorporate they do so because it is advantageous, not because it is compulsory. These are the moral and legal arguments pre- sented to the public. But they do not explain the real issues involved. The employers favor incor- poration because they are certain it will weaken the labor movement, and the unions oppose it for the same reason. But why should the unions fight incoropration? If they incorporated they would gain limited liability and enhanced legal recognition. The harmful racketeering which has at times in- vaded their ranks might be dealt a blow. The unions oppose incorporation because they believe the courts and the state legislatures have proven strongly pro-property. With the passage of an incorporation law, they fear that the employer could entirely prevent strikes with the aid of the courts and even eliminate effective unions by getting the legislatures to deny them incorporation charters. The fact that incorporation would entail publi- cation of complete financial reports also pre- cludes union willingness to accept incorporation. ,nea eannnion 's ahit n nao rv a wi o c+,*n.41,, TODAY by David ifN WASH! N GTON Lawrence WASHINGTON, Jan. 18-Issues far more per- who participated in the "sit-down" and refused tinent to the future of labor relations than the to reemploy others. The company's reason for question of whether "sit-down strikes are or are differentiating was that some of the employees not valid will be settled by the decision in the were forced against their own will to participate Fansteel Company case which has just been in the "sit-down" strike. argued before the Supreme Court of the United The company, on the other hand, did not ac- States. cept for reemployment a single one of the workers Contrary to the impression which has been who were convicted either of acts of violence or given in some quarters, the National Labor Re- refusal to obey the order of a state court -to lations Board has not commended the "sit- evacuate the company's premises. Some served down" strike as a method of settling labor dis- terms in jail and some paid fines. putes, nor has it sought to establish the "sit- Now, the question is whether a company can down" as a legal weapon. The Labor Board has regard the commission of offenses against the introduced a different issue, which is of greater laws of the state of Illinois as a sufficient basis importance than the "sit-down," namely whether for refusal to rehire. The Labor Board attorneys the reinstatement of workers who have gone on take the view that the Federal statute is plain, Act, irrespective of anything the workers may that it is concerned only with its own operations have done in the interim, so long as the labor and that, if an employer is guilty of an unfair, dispute out of which the alleged crimes grew labor practice, it must reinstate the men who involved originally an "unfatir labor practice" on went out on a strike and that what the laws the part of an employer. of Illinois do to keep order or punish those who The Supreme Court -is asked by the Labo disobey is one thing-and what the Federal govern- Board to rule that, if a labor dispute arises and ment does is quite another. if the employer has been guilty of an "unfair This separation of the Federal and state powers strike is required by the terms of the Wagner is a very important matter, because, if the views labor practice," then every employee who went of the Labor Board is accepted by the Supreme out on any kind of strike must be reinstated, Court, then the agitation for amendment of the no matter whether the "sit-down" strike or Wagner Act to prohibit "concern from any* illegal picketing or anything else of an unlawful source" will be resumed. This correspondent nature occurred in connection with the strike, pointed out several months ago that, so long as The lawyers for the Fansteel Company, on the states retain their police power and effectively other hand, who thus far have been sustained by exercise it, there is no good reason for adding the lower federal courts, insist that an employer police functions to the Federal government in need not reinstate anybody who has participated the matter of coercion of workers by fellow- in a 'sit-down" strike and that the right of dis- workers. The Senators who fought the Tydings charge is broad enough to cover any. kind of Amendment at the time the Wagner Law was' wrong-doing, whether in connection with a adopted insisted that state laws were ample to strike or any other conditions relating to em- protect the workers against intimidation and ployment. violence. The test now is at hand and the Now, it so happens that the Fansteel Company Supreme Court's opinion will have a considerable did accept for re-employment some workers bearing on amendment of the Wagner Act. MCU'S IC A Study In Symphonic Effect By WILLIAM J. LICHTENWANGER On Gustave Mahler A musical event of unusual importance will take place in Hill Auditorium tomorrow night when Thor Johnson conducts, as the finale to the University Symphony's program featuring the. work of student soloists and arrangers, the last two movements of Gustave Mahler's Third Symphony in D minor. Neither this nor any other of the composer's nine symphonies has been per- formed in America more than a very few times, the name of Mahler being familiar in this country chiefly as that of the brilliant Viennese conductor who achieved epochal performances with the New York Philharmonic and the Metropolitan Opera for several years before his death in 1911. In Europe and in the pages of musical history,. however, Mahler is known first of all as the one who expanded the symphonic form to its most colossal limits of structure and orchestral language. Influenced mainly by Bruckner and Wagner, he went far beyond them in the creation of symphonic music on a vast scale. On the physical side, the Third Symphony comprises six tremendous movements requiring well over' an hour for complete performance, to be played by an orchestra actually double in size that of Beethoven's Ninth Symphony plus such rarer instruments as the English horn, bass clarinet, contra bassoon, post horn (a sort of tenor bugle), double bass tuba, harp, and a host of percussiorn, to which are also added an alto soloist, a female chorus, and a boys' choir. Impeded By Gargantuan Proportions As might be expected, it is these very Gargan- tuan proportions that have impeded the accept- ance of Mahler's symphonies as a part of the standard repertory, by blinding shallow-thinking conservatives to the inherent beauties of the music, and by making performances physically impossible by any other than the largest and most competent orchestras. Then, too, it must be admitted that there is a good deal of Mahler's own highly original type of dross mixed in with the fine, so that often (as in this instance) the most practicable thing is to present onuy the parts which are thoroughly sound and unerring in their appeal. But it must be pointed out that the gigantic qualities of Mahler's music are not the result of the piling on of effect after effect for the sake of mere size and volume. The external mass is but the natural housing of ideas themselves Gigantic and extended in conception. For in- stance, whereas the ordinary symphonic theme averages from four to eight measures in length, the leisurely, profoundly philosophical opening theme of the last movement of the Third Sym- phony consumes 20 measures at a slow tentpo in its entirety, and the subsequent elaborations and developments cannot but correspond in ex- tent. And it is not that all the implements of sound required throughout the entire symphony are heaped together in one mountain of tone. Mahler's orchestra has infinitely more variety of tone, but not necessarily more volume, than are certain that employers recognize the legal right of labor to organize for collective bargain- ' ~ mno To---carmon hc r -an7_a +ii rabs. that of Brahms or Tchaikowsky. In the fifth movement, a joyful paean of tolling bells and exultant voices, with words taken from Des. Knabes Wunderhorn, such things as a quartet of piccolos and combined boys' and women's choruses are used-but for the freshness and'in- evitableness of the orchestral effect, not f or plain bulk or bizzarity. Mahler's music is wholly music for orchestra, not simply music that can be played by an orchestra, as is, for instance, that of Bach or even Brahms. Whereas most. music is first conceived as music and then orchestrated, as a novel is dramatized for the stage, Mahler. was an orchestral dramatist, writing directly for his medium. And in his Third Symphony, commonly understood to be concerned with cer- tain abstract aspects of "Nature," though it has no indicated program, he has produced an orches- tral drama that, if not quite epochal in its sweep or sublime in its beauty, is still musical "good theatre," worth hearing much more often than it is. *1 * * CALENDAR SUNDAY Radio City Music Hall, Viola Philo soprano, Erno Rapee cond. Overture to Iphigenia in Aulis (Gluck), Mozart's G minor Symphony, ex- cerpts from Gounod's Queen of Sheba and Smet- ana's Bartered Bride. 12-1, KDKA, WOWO. Madrigal Singers, Yella Pessl director. 12-12:30 WWJ. New York Philharmonic Symphony, Nathan Milstein violinist, John Barbirolli cond. All- Tchaikowsky program; Suite for Strings ("Sou- venir de Florence"), Violin Concerto, Fifth Sym- phony. 3-5, WJR, WBBM. University of Michigan Concert Band, William D. Revelli cond. Komm, suesser Tod (Bach), Overture to Weber's Euryanthe, "The Debu- tante" (Clarke), Second Movement from Sym- phony for Band in C minor (Ernest Williams), Procession of the Nobles from Mlada, Sarabande from Handel's Seventh Suite pour le Clavecin, transcription of the aria "Let flow my tears" from Handel's opera Rinaldo, A Michigan Fantasy (arr. Donn Chown), Saint-Saens' Phaeton, Stars and Stripes Forever (Sousa). 4:15, Hill Aud. New Friends of Music Orchestra, Alexander Kipnis baritone, Fritz Stiedry cond. Bach's Orchestral Suites II and IV, and a Solo Cantata. 6-7, WWJ. Bach Cantata Series, Alfred Wallenstein cond. Cantata No. 124, "Meinum Jesum, lass ich nicht." 7-7:30, CKLW. MONDAY Rochester Civic Orchestra, Guy Fraser Harri- son cond. 3-4, WXYZ. Curtis Institute of Music, Nathan Goldstein and Charles Libove violinists, Bianca Polack and Cary Graffman pianists. 3-4, WADC, WHIO Music of the Restoration, Bernard Hermann director. Purcell Overture in G, Matthew Locke's Second String Quartet. 5-5:15, WJR. University Symphony Orchestra, James Wolfe and Burton Page pianists, Ruth Krieger cellist, University Girls' Glee Club, Thor Johnson cond. Three settings of Hassler's chorale melody "O Sacred Head Now Wounded": a Chorale Prelude and Chorale by Bach, Chorale Prelude, Op, 122, No. 9, by Brahms, transcribed for orchestra by Marion McArtor; Allegro from Bach's D minor, Piano Concerto; Adagio from Haydn's Cello You of M By See Terry WHEN Dr. Walter Judd, back in the United States after ten years of work in China, spoke in the Union a few weeks ago, we persuaded Forest Evashevski to accompany us to hear him, but not without difficulty. Evie was in the Field House at the time, planning a workout, and didn't savor' another lecture; the word has devel- oped an unpleasant connotation, fora reasons academic. we think. Anyhow, we prevailed upon the big gridder, pointing out there are more important things in this cosmic scheme than athletics, and the idea of improving his mind appealed to "The One Man Gang." So off we hurried. Dr. Judd had just finished his dis- cussion of the American paradox which permits us to supply the ruth- less Japanese dictatorship with trucks and motor fuel while repudiating at the same time the totalitarian credo, when our watch showed us already late for an important appointment in the Beta kitchen. But Evie wouldn't budge; his chin cupped in his hands, his eyes fastened on the militant doc- tor, he was completely arrested by this story of cruelty and carnage in the Far East. When, half an hour later, we tiptoed out of the hall, Evie was still deeply concerned with the Chinese plight and ready to write his congressman. It took him several hours to return to the casual things' about him. , * * * ' FOR trends in world affairs, it may be useful to follow the career of Frank Kluckhohn, the New York Times correspondent who last week was ousted from Mexico. In 1934 the Times sent him to France, compara- tively quiet then and unmindful of the web of financial chicanery which encircled it. But within a short time, the Stavinsky scandal broke around the heads of Parisian titans, and Klukhohn found he had accidentally fallen heir to a story of international import. For their own reasons, the Times' editors transferred Kluckhohn to Madrid, where in 1936 he was in the midst of a civil war. Shortly there- after he was moved again, this time to uneventful Mexico, and sure en- ough the expropriations business cropped up to place him once more in the center of a "hot" situation. As a harbinger of news, the man's uncanny, and you may draw what you like from the fact that the Times is now sending him to Germany. WILE on the subject of the New YokTimes, this story may inter- est you. Broadway recently revived Oscar Wilde's "The Importance of Be- ing Earnest," and Brooks Atkinson, the paper's erudite dramatic critic, wrote facetiously that a brilliant play- writing career for young Oscar Wilde was virtually assured. The Times' readers were dumbfounded at At- kinson's apparent misapprehension and wrote so many letters that the paper found it necessary to print an apologetic explanation. The incident confirmed the sus- picion of most New Yorkers that it isn't safe to be funny in The Times. * * * WITH this ditty we dispose com- pletely of the affairs of Miss Marian Phillips. And it may well apply to Gargoyle's counter blast on the subject, which should confront you any day now. I HATE MEN-BUT OH BOY! Oh, once there was in our school A freshman wonderous wise. She listed reasons eighty-eight (And all of them were lies!) Why she, despite her tender age, (I think 'twas seventeen) Disliked the so-called stronger sex. (Don't you think men are mean?) And when her list was published, And national was her fame, She ranged her hatreds in a row- And took her pick from same. The reason for this paradox (Don't think that I'm unkind.) Is simply this: "Impulsive miss, You yet don't know your mind!" -If I should put my name here, I would find out what Hell hath no fury like- ham), Wagnerian excerpts. 3-4, WJR. Choral Union Concert, Bartlett and Robinson piano duo. Handel and Bach transcriptions, the original set- ting of Brahms' "Haydn Variations," Suite Scaramouche (Milhaud), pieces by Infante, Grandos, Chasins, and Liszt. 8:30, Hill Aud. FRIDAY United States Marine Band, 3-3:30, WJR. United States Navy Band, WXYZ, 3-3:30. Columbia C h a m b e r Orchestra, Howard Barlow cond. 'Two dances from Handel's opera Terpsichore. Serenade by Suk. 3:30-4, WJR. SATURDAY New York Philharmonic Young' Peoples' Concert, Salzedo Harp En- semble, Ernest Schelling cond. Rim- (Continued from Page 3) Room 303 Chemistry Building at 4:15 p.m., Thursday, Jan. 26. Events Today Varsity Glee Club: Rehearsal has been set ahead today from 4:30 to 3:30 p.rih. Vulcans will meet tonight at 6 p.m. in the Union.A The LutheranhStudent Club will meet at Zion Church House at 5:30 p.m. today for social hour 'and sup- per. Professor Dow Baxter will show pictures of his recent Alaskan trip and the Student a Capella Choir will sing. Coming Events German Table for Faculty Members: The regular luncheon meeting will be held Monday at 12:10 p.m. in the Founders' Room of the Michigan Union. All faculty members interested in speaking Gernan are cordially in- vited. Professor Hans Pick will con- tinue his talk