THE MICHIGAN DAILY TUESDA
MICHIGAN DAILY
Fair Labor Standards Act Ushers In
A New Period Of Social Legislation
"1""""" "TH "s5 VM w R U qNA ,-..
Edited and managed by students of the University of
[idhigan under the authority of the Board in Control of
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CHICAG O 'BosTon LOS ANGELES - SAN FRANCISCO
fember, Associated Collegiate Press, 1939-40
I Petersen
ott Maraniss
n M. Swinton
ton L. Linder.
man A. Schorr
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bVicary
Fineberg .:
Editorial Staff
..:.. _. .
Managing Editor
Editorial Director
. City Editor
Associate Editor
Associate Editor
Associate Editor
SAssociate Editor
*Women's Editor
* Sports Editor
Business Staff
Winess llManager . . . Paul R. Park
st. Business Mgr., Credit Manager Ganson P. Taggart
Vtol ii's Business Manager . Zenovia Skoratka~
tomen's Advertising Manager . . Jane Mowers
ublications Manager . . . Harriet S. Levy
NIGHT EDITOR: PAUL M. CHANDLER_
The editorials published in The Michigan
Daily are written by members of The Daily
staff and represent the views of the writers
only.
'ational Egotism:
['he Path To War . ..
THE UNITED STATES has looked at
this war from the first with a pessi-
aistic attitude. "By all means," the citizen
ells his Congressman, "do everything you can
, keep us out of it; fight out a .neutrality bill;
eep tab on the President: go through all the
aotions-of safeguarding peace. But you realize,
f course, that it won't do much good. We're
ertain to be drawn in sooner or later."
These Cassandras have a lot on their side.
'hey point out that this will probably not be
short war, that it will drag on and on with
incident" after "incident" to push our blood-
ressure up another notch. They note how we
iready abhor Hitler and root for the "Allies,"
nd reminisce how it took us three years last time
efore we began hankering to call sauerkraut
Liberty cabbage," to hate the "Huns," to "make
he world safe for Democracy."
We don't want war, but we are seeing the
eoples of other nations thrust into a war they
o not want. Every step we try to make towards
eace drags with the sense that we are fighting
losing battle. To the pessimists, diplomacy
like the life-rope binding mountain climbers
bgether: when an individual falls, the rest either
ull him up again or they all go tumbling down.
Why we should accept this fatalism is hard to
se. During the first World War Switzerland
rid Holland, within sound of the firing, were yet
ble to stay clear, while America, half a world
way, came bounding in. The answer is that
witzerland and Holland were small and anemic;
e were big and rich. No one cared much
hether the weak nations entered or not; they
ad little weight to add to the scales. But we
uld swing the scales to either side we favored.
0 capture our support was as final an act as
eckmating the king in chess.
Yet with all the diplomatic pulling and push-
g, it was the United States that had to decide.
igland and France, for all their propaganda,
d not draw us into the war. We went in of our
rn accord, of our own cocksureness that we
Muld end it once and for all, that we could spread
ross Europe the benefits of our democracy.
If we enter this present war, we will follow
e same path that we took in 1918. We are
nscious of. our power, of our riches and re-
urces. We know that if any force can stop
.tler and protect the last vestiges of democracy
Europe, it will be our manpower and our
oney. The only thing that will lead us into
is war will be our national egotism.
-Hervie Haufler
'he Ruthven Dinner
Lnd Cooperation ..
A S THE TIME approaches for the
banquet celebration honoring Presi-
at Ruthven at the beginning of his 10th year
head of the University, it is interesting to
te the whole-hearted enthusiasm with which
groups are cooperating to make this event a
3cess.
Students, alumni, faculty and townspeople all
ve a hand in the tremendous organizational
oblems raised by plans of such wide scope.
T~vfrh 0 nrnnur Ann A 'rn.nnr nur 4o iswn-
By NORMAN A. SOHORR
Today, the first birthday of the Fair Labor
Standards Act, marks a significant milestone in
the long, bitter struggle to give the American
workingman a chance at a decent living. As the
act enters its second year of operation today, it
is estimated that according to the new wages and
hours scale, 250,000 workers will receive pay in-
creases and 400,000 will work fewer hours per
week.
This measure which, in the words of President
Roosevelt, was designed "to protect the funda-
mental interests of free labor and a free people,"
emerges from a maze of contradictory court
decisions centering mainly about the interpre-
tation of the due process clause of the Fourteenth
Amendment of the Constitution and Congress'
delegated power to regulate interstate com-
merce. The wages and hours bill has not as yet
been reviewed by the Supreme Court, for in
fact there are at present three cases pending
which contest its constitutionality and may bring
it before the High Bench during its present
term. The Montgomery Ward Co. is fighting its
validity in the Chicago Federal District Court,
and two Florida companies have filed objections
to the act in the Federal Court at Jacksonville.
However, an adverse decision is deemed rather
unlikely at this time; first, because the measure
was framed with extreme care to avoid the ob-
jections levelled at the wage-and-hour fixing
provisions of the NRA which were largely re-
sponsible for its being ruled void; and second,
because a majority of the members of the
Supreme Court today are known to interpret
the Constitution broadly and to view it as an
instrument .for progress, which should serve as
a basis for promoting the social welfare of the
people.
Instrument Of Progress
This belief, was ably expressed by the Presi-
dent in his address to Congress of January 6,
1937:
"During the past year there has been a
growing belief that there is little fault to be'
found with the Constitution of the United
States as it stands today. The vital need is
not an alteration of our fundamental law,
but an increasingly enlightened. view with
reference to it. Difficulties have grown out
of its interpretation; but rightly considered
it can be used as an instrument of progress
and as a device for the prevention of
action."
Arguments for fixing wages have 'been: to
protect the worker from pressure of competition
or from monopolistic combination that tend to
depress wages, to check the downward nose dives
of wages with an accompanying demoralization
of market prices, a proportionate increase in
fixed charges, and to increase the effective pur
chasing power, thereby increasing the demand
for mass production of goods and services.
Freedom Of What?
But as we have seen, the achievement of wage
and hour legislation has been very slow in com-
ing. Its early advocates faced an almost insur-
mountable idealogical obstacle-for they lived
in the era when America was young and grow-
ing fast: a nation that preached laissez-faire
and free competition, when these principles
were no longer able to cope with the problems
that had newly arisen out of the Industrial
Revolution. But in more cases than not,
the only kind of liberty that opponents of labor
legislation could see was "the privilege of the
manufacturer to exploit his worpeople," as
Jethro Brown put it.
And so the need for social reform was impera-
tive. As expressed by Mary Calcutt, in her
Social Legislation, "Some form of equality of
opportunity between the exploited laborer and
the more favored classes had to be found to
bridge the growing chasm. In cases there might
be a humane employer who eased the burden of
his workers. But the evils of poverty, sickness,
excessive hours and low wages, were too compli-
cated for private benevolence to deal with.
Obviously the responsibility must belong to $
more dependable authority."
10-Hour Day Upheld
Agitation for a shorter work day in modern
times goes back to the 1860's when a Workmen's
Eight-Hour League proposed such a law in Utica,
New York, and the State of California attempted
vainly to pass a general eight-hour day law.
Many other states during this period passed hour
legislation, some of which were upheld while
others were tossed by court decisions. However,
after the Holden v. Hardy decision in 1898, in
which a 10-hour day for , mine and smelting
workers was upheld, it was generally believed
that legislation which limited work hours on it-
basis of health risks of a specific occupation
would be held constitutional. However, this was
not the case.
From here on the Court's record grows more
and more confusing. In the case of Muller v.
Oregon in 1908, the court, impressed by the mass
of statistical evidence produced by a young at-
torney. Louis D. Brandeis, showing the ill-effects
of long working hours on women's "physical
structure and proper discharge of her maternal
functions," upheld by a 5-4 vote an Oregon law
zenberg and Brandt are among those participat-
ing.
T. Hawley Tapping, general secretary of the
Alumni Association, is organizing the vast "alum-
ni university" for attendance in large numbers.
Graduates from coast to coast, and even from
beyond the seas have signified their intention
of attending.
Students are being organized for participation
by a committee headed by Dorothy Shipmarl,
Don Treadwell and Carl Petersen. Over 1,000
students will participate in a pageant showin e
which limited hours of labor for women in fac-
tories and laundries to 10 hours a day and 60
hours a week. Another Oregon law setting a
ten-hour work day for all in factories and mills
was upheld by the Supreme Court in 1917. How-
ever, in 1923, the Court held a wage law for wo-
men -in Washington Hospitals to be unconstitu-
tional on the grounds that it was a violation of
that old bugaboo of social reformers-the due
process clause. The court expressed also the
fear that workers might get more than their
share of productivity.
NRA Gets The Hook
Later on, the NRA and the Guffey Coal Act,
each containing wage and hour provisions were
declared unconstitutional, this time on the
grounds that legislative power had been delegat-
ed to the executive branch of the government,
violating the separation of powers theory. Also
it was held that these were not justifiable exer-
cises of the commerce power.
And so the stage was set for the Fair Labor
Standards Act. First introduced as the Black-
Connery Act, it received the immediate united
support of labor groups. Passed in June 1938,
and taking effect in October, it fixed minimum
wages of 25 cents an hour for the first year; 30
cents an hour for the six years from Oct. 24,
1939, to Oct. 24, 1945, and thereafter 40 cents
an hour. The work-week was cut to 44 hours for
the first year; 42 hours from Oct. 24, 1939 to
Oct. 24, 1940, and thereafter forty hours. And
where a longer work week is required of em-
ployees, it is provided that they shall be com-
pensated at not less than one and one-half their
regular rate of pay.
Coming under the provisions of the act are
all workers in industries engaged in producing,
manufacturing, mining, handling, transporting
or in any manner working on goods moving in
interstate commerce, or in any process or occu-
pation necessary to the production of such goods,
or employees engaged in interstate transporta-
tion, transmission or communication. Exempt
are seamen, fishermen, farm workers, executives
and "persons employed in the area of production
to handle or prepare or can agricultural or horti-
cultural commodities for market or to make
dairy products.
Special Industry Committees
In realization that some industries might be
able to pay wages higher than the minimum,
special industry committees have been set a..
Under this system it is estimated that some 500,-
000 workers, chiefly in the textile and apparel in-
dustries will soon receive hourly wages higher
than the statutory minimum.
And so here we have the second attempt of
the Roosevelt administration to put a "ceiling on
hours and a floor under wages." As Elmer An-
drews, former administrator of the act pointed
out, "It is not a panacea. It provides for a mini-
mum which can hardly be considered a standard
of comfort, and it applies only to employees en-
gaged in interstate commerce or in the produc-
tion of goods for interstate commerce. Neverthe-
less, with the cooperation of a sociliy-awakened
public, a progressive labor movement and an in-
telligent industry, it will be a long step in the
right direction." The Wages and Hours Divi-
sion of the Labor Department reports' that pro-
duction levels have been maintained in most
responsible industries and labor turnover has
been diminished. What is most significant is
the fact that this act sounds the call for a new
era of social legislation: unimpeded by unnec-
essarily imposed constitutional limitations and
directed by a group of men devoted to the pro-
motion of the common good.
By RICHARD BFNNETT
Sergei Rachmaninoff
The 1939-40 Choral Union Concert Series
opens this evening with the distinguished com-
poser-pianist-conductor, Sergei Rachmaninoff,
in an interpretation of the Bach E Major French
Suite, the colossal Sonata op. 111 of Beethoven,
and sundry works of the Romantic period.
It was exactly twenty-two years ago, shortly
after Christmas eve, Rachmaninoff, with his
family, crossed the order of Russia into Finland,
leaving behind the shots and smoke that were
"the beginning of the end" of a world he had
known for over forty years. Whatever there was
for him of peace and security was swept away,
proably forever. Yet there was one compensa-
tion, one glorious recompense the memory of a
time replete with the speech and traditions and
friends that he understood and loved. He knew
this age and culture, and he expressed it in the
symphonies, the chamber music, the choral
works, and the songs that flowed from his pen.
Perhaps he did not analyze it too closely, nor
understand its direction at the time, but all the
sorrows and frustrations of it he loved.
Rachmaninoff is now in his sixty-sixth year.
He comes offering us once more an expression of,
the profound sobriety born of years of loneliness
and disillusionment in a world of ceaseless mu-
tation. No one can afford to miss the message he
has for our time; for, in a sense, he is the voice
of history pointing its binoculars out of a tragic
past and decreeing the need for clarity and severe
reflection.
This message he projects in the double role
of composer and performer. In his compositions,
both those written before the war and since, he
records the hopelessness, the fatalistic outlook,
and the general immobility of a society subject
G ULLIVER'S
CAVILS
By Young Qulliver
AN innocent little package was de-
livered to The Daily the other
day. It came from the United States
Government, and inside was a little
folder entitled Facts Regarding En-
listment In The United States Army,
It strikes Gulliver that the Army
is being a little naive when it ex-
pects to sign up newspapermen in
the army (in time of war, being a
foreign correspondent is even better
than being a conscientious objector:
you get the thrills and you don't get
hurt), but who is Gulliver to tell the
biggies what to do?
The pamphlet has a lot of interest-
ing material in it. For example, Gul-
liver found out that "Nowhere in the
world can a man get better physical
training than in the Army." The
training of course includes deep bend-
ing.(otherwise known as ducking
bullets) and cross country work~
(otherwise known as running like al
hell). But this isn't all that comes
under the head of Physical Training
Some medical men "go so far as to
say that . . . one enlistment in the
Army may add from three to five
years to the life of the average young
man.' Of course, this all depends on
your point of view; Gulliver would
just as soon do without the extra
three years.
And Gulliver, who was brought up
on Richard Halliburton, especially
liked this one: "If you have a yearn-
ing for globe-trotting, the Army is a
solution to your problem." Some of
the spots mentioned are the Panama
Canal Zone, Hawaii, the Philippines
and Alaska. France isn't listed, but
it looks as though some of the boys
are working hard to arrange that.
UThe payoff is this item: The
soldier's duties ar# varied and
include specialized workv(get it?)
and drills which are interesting and
calculated to habituate him to in-
stant obedience to command." Thi
last clause may explain why the Army
thinks its men will be "better and
stronger citizens when returned to
civil life."
All seniors who will be unable to
get on WPA next June can report to
the U.S. Army Recruiting Station
Room 631 Federal Building, Detroit
Knock three times and say, "Gulive
sent me."
* * *
ULLIVER spent a hectic weekend
.in Chicago. He is rather proud
of the fact that he was not. one of
the 5,000 sadists who watched the
Ann Arbor boys steamroll the Aris-
totle A.C. of Bob Hutchins. As a
matter of fact, he spent Saturday
afternoon quietly strolling through
Chicago's peachy Art Institute.
The town was certainly lousy with
Michigan boys. The lobby of Winde-
mere looked like the Michigan Union
on homecoming day. One urchin
sidled up to Gulliver and said, "Are
you on the team? Can I have your
autograph?" Gulliver sternly fought
down the temptation to say yes and
scrawl a big TOM HARMON on the
kid's pad.
Down at Hanley's (which is a little
like Flautz's) after the game, Gulli-
ver ran into Pete Lisagor, who used
to be sports editor of The Daily, and
Mike (falstaff) Scammon, who took
his M.A. here. Mike runs the Uni-
versity of Chicago Roundtable pro-
gram now, and on Sunday he took
some of the boys to the studio to see
the broadcast.
Joe Mattes and Irv Silverman, both
ex-Daily boys, are working in papers
in Chicago too, as is Earle Luby. Luby
used to play football here, and on
the side he used to write a column
for The Daily. He is as big and as
good-hearted as ever .
All in all, Gulliver had a swell
Saturday, and. if the Army really
wants him badly enough, he'd just
as soon be stationed in Chicago
AS OTHERS
SEE IT.
To the Editor:
In an editorial in Tuesday's Daily
attention was called to the impor-
tance of an orientation program for
incoming freshmen that would be
more complete than our present ori-
entation week. In all fairness to the
university it must be said that this
obligation has been by no means
completely overlooked. Since its in-
ception the Student Religious Asso-
ciation has sponsored a program in-
tended to facilitate the orientation
of newcomers to the campus.
Although this program is not as
complete as that suggested by The
Daily editorial, because of lack of
interest in a more complete program,
it has nevertheless, through the medi-
um of the Freshman Rendezvous, the,
Freshman Night Round Table, and
various lectures and forums, made an
intensive effort in this direction. A
brief examination of the topics dis-
cussed at the Round Table, for ex-
ample, will show that the student has
(Continued from Page 2)
to those mentioned above. The Uni-
versity itself, however, will contribute
to the expense of such purchase of
rannuities only as indicated in sections
2, 3 and 4 above.
6. Any person. in the employ of the
University, either asha faculty mem-
ber or otherwise, unless debarred by
his medical examination may, at his
own expense, purchase life insurance
from the Teachers Insurance and An-
nuity Association at its rate. All life
insurance premiums are borne by the
individual himself. The University
makes no contribution toward life
insurance and has nothing to do with
the life insurance feature except that
it will if desired by the insured, de-
duct premiums monthly and remit
the same to the association.
7. The University accounting of-
lces will as a matter of accommoda-
Lion to members of the faculties or
.employes of the University, who de-
' Sire to pay either annuity premiums
r insurance premiums monthly, de-
duct such premiums from the pay-
ol. in monthly installments. In the
ase of the so-called "academic roll"
ehe premium payments for the
months of July, August, September,
and October will be deducted from
the double payroll of June 30. While
the accounting offices do not solicit
his work, still it will be cheerfully
issumed where desired.
8. The University has no ar-
angements with any insurance or-
ganization except the Teachers In-
surance and Annuity Association of
f kmerica and contributions will not
,e made by the University nor can
:remium payments be deducted ex-
ept in the case of annuity or insur-
nce policies of this association.
9. The general administration of
he annuity and insurance business
*as been placed in the hands of Sec-
etary of the University by the Re-
gents..
Please communicate with the un-
dersigned if you have not complied
with the specific requirements as
stated in (3) above. --.
Herbert G. Watkins, Ass't Secy.
College of Literaturo, Science and
the Arts, School of Music, and School
of Education: Students who received
marks of I or X at the close of their
last term of attendance (vix., semes-
ter of summer session) will receive
a grade of E in the course unless this
work is made up by October 25. Stu-
dents wishing an extension. of time
beyond this date in order to make up
this work should file a'petition ad-
dressed to the appropriate official in
their school with Room 4 U.H. where
it will be transmitted.
Robert L. Williams,
Assistant Registrar.
Facl ty of the College of Litera-
ture, Science, and the Arts: The five-
1 week freshman reports will be due
Saturday, Oct. 28, in the Academic
Counselors' Office, 108 Mason Hall.
Arthur. Van Duren, chairman.
Candidates for the Teacher's Cer-
tificate for February and June 1940
who have not filed an application in
the office of the School of Education,
1437 U.E.S., should do so at once.
(This notice does not.include School
of Music students).
Phillips Scholarships: Freshman
students who presented four units of
Latin, with or without Greek, for ad-
mission to the University, and who
are continuing the study of either
language, may compete for the Phil-
lips Classical Scholarships. Awards
will be based on the rseults of an ex-
amination covering the preparatory
work in Latin or in both Latin and
Greek, as described in the bulletin on
scholarships, which may be obtained
in Room 1, University Hall. The ex-
amination will be held this year in
Room 20144 Angell Hall this af-
ternoon at - 4:00 p.m. Interested
students may leave their names with
Professor W. E. Blake (2024 A. H.)
or Professor J. E. Dunlap (2028 A.H.).
Choral Union Members: Members
of the University Choral Union in
good standing, may secure their tick-
ets admitting them to the Rachmani-
noff concert by chaling in person at
the office of the School of Music,
today, between the hours of 9 and 12
and 1 and 4. After 4 o'clock no tick-
ets will be given out.,
Sigma XI: Members from other
chapters who have recently affiliated
with the University are cordially re-
quested to notify the Secretary, at
Room 104 West Engineering Building
or phone Ext. 748, giving status, year
of election, and Chapter where in-
itiated.
F. L. Everett.
A cademic Notices
Political Science 52: Make-up ex-
amination for the second semester,
1938-39, will be held today at 2 p.m.
in Room 2033, Angell Hall.
Concerts
DAILY OFFICIAL BULLETIN
stead of presenting the entire ticket.
Those leaving the Auditorium at in-
termission or at other 'times. are re-
quired to present a door check to be
re-admitted.
Traffic regulations will be enforced
by the Ann Arbor Police Department.
The sympathetic cooperation of
concert-goers in all of these matter
will be greatly appreciated, to the
end that corfusion may be avoided.
Exhibitions
Exhibition by Ann Arbor artists,
under the auspices of the Ann Arbor
Art Association. Alumni Memorial
Hall, open until October 26
Lectures
University Lecture: Dr. Maximo M.
Kalaw, member of the Philippine Na-
tional Assembly, will lecture on
"American-Phillippine Relations and
the Present Crisis" in the National
Science Auditorium on Thursday,
Oct. 26, at 4:15 p.m.
Lecture: The Reverend Henry .
Yoder will give the third lecture in
the series on "I Believe" which is
sponsored by the Student Religious
Association. The lecture will be held
in the Rackham Amphitheatre Wed-
nesday, Oct. 25 at 8 p.m.
Today's Evnts
I Mathematics Short Course on the
"Theory of Representation" to be
given by Dr. Nesbitt, will have its
first meeting this afternoon, at
3 o'clock in Room 3201 A.H. Ar-
rangements of hours for future meet-
ings will be made at this time. The
course will meet three times a week
for five weeks.
Ma4. 370, Seminar in Continued
l ractions. Will meet today at 4
o'clock i 3201 A. H. Mr. Kazarinoff
will speak on "Geometric and Num-
ber Theoretical Applications of C. F."
League House Girls who are in-
terested in participating in the Ruth-
ven Dinner will meet today at 3 p.m.
in the lobby of the League. It is very
important.
Ann Arbor Inependents: There
will be an- important meeting this
ahtrhoon at 4:30 in the League. All
unaffiliated girls living in private
homes are welcomed.
Sigma Rho Tau will hold its regular
meeting tonight in the Union at
7:30. -Please bring your dues.
International Center:
1. The American 'Social Customs
Class meets this evening at 7 o'clock
in the Ethel Fountain Hussey Room
for after-dinner coffee preceding the
Choral Union Concert. Members of
the class will please note the change
of place.
2. Tickets for the Afternoon of
American Folk Dancing to be held in
thet Ballroomi of the Union, Tuesday,
Oct. 31, are available in the office of
the Center for foreign students and
their friends today and through
I'hursday. After Thursday the tickets
dwill be made available for American
students interested. The tickets are
comnplimentary.
The Michigan Christian Fellowship
meets for Bible study this evening
from 5 to 6 p.m. in the Upper Room
of Lane Hall. Dr. Goris is directing
a series of interesting studies in the
book of I Corinthians.
Ushers for Art Cinema Productions:
All those girls who 'took the ushering
test in the Lydia Mendelssohn the-
atre are asked to see Professor Ken-
yon in the League any day this week
between 2 and 4 p.m., according to
Peggy Cornelius, chairman of ush-
erin forArtCinea Prducins.
Comng Events
Alpha Nu: All boys, whether fresh-
men or upperclassmen, who are in-
terested in public speaking and de-
bating and who would be interested
in reviving Alpha Nu, the oldest or-
ganization on the campus, :meet Wed-
nesday, Oct. 25, 7:30. p.m. on the
fourth floor -of Angell Hall in the
Alpha Nu room.
Tan Beta Pi: Very important meet-
ing Wednesday, Oct. 25. Dinner will
be served promptly at 5:45 p.m. in
the Michigan Union. Please note
change of date.
University of Michigan Flying Club:
There will be a meeting of the Uni-
versity of Michigan Flying Club at
7:30 p.m. on Wednesday, Oct. 25,
in Room 305 of the Michigan Union.
Mr. Al .Schramm, chief test pilot
of Stinson Aircraft in. Wayne, will
talk on the subject, "The Pilot's Part
in Aircraft Design." Committees will
be appointed to make arrangements
for the First Annual Midwest Inter-
collegiate Flying Meet to be held here
Nov. 18 and 19, and refreshments
will be served.