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Editorial
A Letter
To sabta Clauso
VOL. L. No. 66 Z-323 ANN ARBOR, MICHIGAN, TUESDAY, DEC. 12, 1939
PRICE FIVE CENTS
H ighest Court
Rule Outlaws
Wire - Tapping
For Evidence
Clowns Give Children Holiday Spirit
Federal'
Law
For
Commnunications
Constitutes Basis
Reverse Decision
Inclusive Language
'Not To Be Limited'
WASHINGTON, Dec. 11.-(P)-The
Supreme Court ruled today that evi-
dence obtained by wire-tapping can-
not be used in Federal prosecutions
but did not discuss the ethical grounds
that formed the basis of famous dis-
sents by Justices Holmes and Bran-
deis when the practice was upheld in
the prohibition era.
It dealt solely with interpretation
of a law passed since those days-
the Federal Communications Act of
1934-which says:
"No person not being authorized
by the sender shall intercept any
communication and divulge or pub-
lish the existence, contents, substance,
purport, effect or meaning of such in-
tercepted communication to any per-
son."
Government Contention
Since the law was designed to regu-
late interstate communications, the
government contended tha the wire-
tapping ban, known as "section 605,"
applied only to such message and
not to telephone calls takingeplace
entirely within one state.
But the decision, by Justice Rob-
erts, held "that the broad and inclu-
sive language of the section is not to
be limited by construction so as to
exclude intrastate communications
from the protection against intercep-
tion and divulgence."
The decision added that since
"Congress has power, when necessary
for the -protection of interstate com-
merce, to regulate intrastate trans-
actions, there is no constitutional re-
quirement that the scope of the
statute be limited so as to exclude
intrastate communications."
New 'Yorkers Involved
The decision was rendered in a case
involving three New Yorkers-Joseph
J. Weiss, a lawyer; Martin Gross, an
investigator; and Dr. Maximilian
Goldstein, physician-who were con-
victed with others of using the mails
to defraud insurance companies. For
several months postal inspectors had
their telephone wires tapped, record-
ing the conversations.
The Supreme Court held interstate
wire-tapping illegal in 1937 in a case
involving three other New Yorkers-
Frank Carmine Nardone, Nathan W.
Hoffman and Robert Gottfried-who
were convicted of smuggling alcohol.
Koussevitzky's
110 Musicians
To Play Here
Dr. Serge Koussevitzky and the 110
musciians who make up the Boston
Symphony Orchestra will give the
sixth Choral Union concert before a
capacity audience at 9:30 p.m. Thurs-
day in Hill Auditorium, Dr. Charles
A. Sink, president of the University
Musical Society, predicted yesterday.-
Tickets for the concert, which
marks the ninth successive appear-
ance of the orchestra here, may be
obtained Thursday at the School of
Music office and at Hill Auditorium.
A typical Koussevitzky program,
combining the old and the new, will
be offered, featuring an interpretation
of Mozart's "Symphony in C major."
On the modern side, Dr. Koussevitzky
has selected Roy Harris' "Symphony
No. 3." This composition, written by
an American, has never been played
before in Ann Arbor.
"Peter and the Wolf," an orchestral
fairy tale for children, by Prokofieff,
with Richard Hale as narrator, and
orchestral fragments from "Daphnis
et Chloe, Second Suite" by Ravel will
complete the program. These frag-
ments will include "Lever du Jour,"
"Pamtomime" and "Danse Generals."
New Year Revelers
May Get Late Drinks
LANSING, Dec. 11.-(l)-The Liq-
uor Control Commission said today it
was firm in its resolution to forbid
New Year's Eve sale of hard liquor,
but that it might permit a couple of
-Daily Photo by Bogle
Millions of kids, watchful parents, and best of all, clowns, mingled
in yesterday's Interfraternity Council party to watch and participate in
the afternoon's entertainment. Dick Strain (behind the makeup)
carries an especially small one on his shoulders.
Inter fraternity Council Party
Attracts 5,000 Ann Arbor Kids
By WILLIAM ELMER
More than 5,000 Ann Arbor school
kids had the time of their life at the
Interfraternity Council's second an-
nual Christmas Party yesterday, if
cries of "Hooray, gee, but it's swell,"
and wild applause at every turn in
the program mean anything.
From the time the kids entered
gaily-bedecked Hill Auditorium and
put on festive party hats, until the
time they left, each receiving a bag
of candy, apples and peanuts, the
party was literally a howling suc-
cess. Louis Hollway, physical direc-
tor for Ann Arbor public schools,
acting as master of ceremonies, wel-
comed everybody. Then, a mob of
fraternity men, dressed as clowns,
took over the show. They raced up
and down the aisles, drawing peals
England Loses
Sx More Ships
In Sea Warfare
Mine Sweeper And Five
Merchantmen Declared
Lost In Official Report
LONDON, Dec. I1.-(IP)-Six morel
British ships were added today to
the ever-growing list of allied vessels
lost in sea warfare.
Among the British ships lost were
four missing merchantmen, long over-
due, which the British believed sunk.
These were the Ash Lea, 4,222 tons;
Newton Breech, 4,651 tons; Trevan-
ton, 5,299 tons; and the Huntsman,
8,196 tons.
A fifth merchant vessel, the 4,815-
ton Willowpool, went down after hit-
ting a mine. Her crew of 36 was
rescued by lifeboat. The mine-
sweeper Ray of Hope, a vessel that
had been requisitioned by the navy
for auxiliary duties, also met disas-
ter in the form of a mine. Four of
her crew were killed, five were miss-
ing and three rescued.
The Ray of Hope, eleventh British
naval vessel lost since the outbreak
of war, was not listed in naval regis-
ters. The Admiralty did not give her
tonnage.
(From the German High Command
in Berlin came the announcement
that two British tankers, tonnage to-
taling 18,000, had been sunk in the
British Channel. They were not.
identified).
of laughter from the crowd every-
time they passed.
To accomplish the near-impossible
feat of getting a mirthful, tousle-
headed audience to sing, Prof. David
Mattern of the School of Music and
director of the Varsity Glee Club,
called forth from the stage, "Let's'
all sing 'Hark, the Herald Angels
Sing'." And they did. The Ann
Arbor High School Band supplied the
music and the Glee Club sang, al-
though neither could be heard.
Mayor Walter C. Sadler, of the en-
gineering school,had just been in-
troduced, when the Band suddenly
broke into "Jingle Bells" and who
should pop in the door but jolly old
St. Nick himself. There was no
stopping the uproar then. But who
cared? After a few words, Santa
took his place on the stage and the
Michigan Tumbling Team put on a
thrilling act. Two of the boys,
dressed as clowns, did much to tickle
the humor of the already uproarious
crowd.
The kids were still cheering when
the house lights dimmed and the
familiar face of Mickey Mouse ap-
peared on a special screen above the
stage. Immediately the crowd simul-
taneously gave forth one long yell
of delight and then settled down to
five minutes of comparative quiet,
broken often by laughter.
Mr. Hollway then bade everybody
a Merry Christmas and the kids
streamed out the front doors uhore
they all got a cellophane ba- c,
candy and other delicacies.
Daily Reaches
Peak In Sales
Goodfellow Drive Total
May Exceed_$1,100
The Goodfellow Army raised more
than $700 in street sales during yes-
terday's one-day campaign by The
Daily to raise funds for needy stu-
dents and Ann Arbor families.
Final returns, together with con-
tributions from private individuals
and receipts from advertising includ-
ed in the special Goodfellow Daily,
are expected to swell the total to a
sum of more than $1,100, an unex-
pected high, according to Dennis
Flanagan, '40, editor of the spscial
issue.
Congress led all other organizations
in amassing the greatest sum in street
sales. Tau Beta Pi and the Woman's
Athletic Association jointly and then
the Union followed in close order.
Eitht To Vie
In Business
School Vote
Seniors To Pick Officers;
Frosl And Senior Dance
Groups To Be Chosen
Judiciary Council
Reviews Petition
Candidates for tomorrow's senior
business administration school elec-
tion were announced yesterday by
Carl Wheeler, '40E, head of the Men's
Judiciary Council, after that body
had considered petitions yesterday.
Candidates for Frosh Frolic and Sen-
ior Ball dance committee elections,
also to be held tomorrow, will be an-'
mnounced tomorrow following the
judgment of women's petitions, today.
Business schoo candidates for
presidency of the senior class are:
Richard Sievers, and Howard Teitle-
baum. For secretary, the candidates'
are Fritz Lietchy and Phyllis Bennett.
Treasurer's position will be contested
by Arthur Bartholomew and Doug-
las Hayes, and for the position of vice-
president, Julius Mellema and Jack
MacLeod. The business school elec-
tion will allow one vote per posi-
tion, while the dance elections will
permit only one vote ,per person.
Balloting for the senior business
school election will be held from 10
a.m. to 12, noon tomorrow in Room
205 Tappan Hall. Elections for the
two dance committees in the literary
college will be held from 2 to 5 p.m.
in Room 225 Angell Hall. This time
was previously announced as 1 to 5
p.m.
In the engineering school, the elec-
tion will run from 2 to 5:30 p.m. at
a place to be announced later; in
the school of architecture, from 3 to 5
p.m. in the downstairs lobby of the
architecture building; in the school
of education, from 3 to 5 p.m. in
Room 2431 of the elementary school.
Elections in the forestry school will
be held 3 to 5 p.m. in the forestry
seminar and for the School of Music,
from 3 to 5 p.m. in the downstairs
lobby of the carillon.
Drive To Help
Finland Begins
Suomi Club's Campaign
Centers At Lane Hall
C-ntributions have started to pour
in o the Lane Hall headquarters of
the, campus drive to aid Finland, Toi-
yvo Liimatainen, '41, president of Suo-
mi Club, organization of students of
Finnish extraction, announced last
night.
The drive, which is headed by Wil-
iam E. Bilto, Grad, will extend
throughout the week. Clothing and
money are needed, Liimatainen said,
for the relief of Finland, now at war
with Russia.
Peter Kivi, of Ann Arbor, has vol-
unteered the services of a truck to
transport clothing collected to the
Detroit headquarters of the drive,
which is national in scope.
The Lane Hall headquarters will be
open throughout the day, and stu-
Prof. Pawlowski
Claims New Plates
Ruin Streamlining
LANSING, Dec. 11. -(A)- Secre-
tary of State Harry F. Kelly, him-
self a Republican, told Prof. F. W.
Pawlowski, University of Michigan
aeronautical engineer, in effect to-
night that if motorists of the state
pay an additional $1,000,000 a year
to push the larger 1940 automobile
license plates through the breeze it's
the Democrats' fault.
The size of the 1940 plates was
determined long before last Novem-
ber's election, and dies for the new
plates were completed in August,
1938, Kelly explained. The dies cost
$6,343 and new bake ovens for the
larger plate an additional $2,300,
the secretary added, so there could be
no question of any change in size
after he took office last January.
Griffin Will Speak
To SigmaRho Tau
Dean Clara E. Grif;m- of the busi-
ness administration school will ad-
dress Sigma Rho Tau, honorary en-
Engineers Plan
'Spoofuncup'
Party Tonight
Six professors of the College of
Engineering are looking forward to
6:30 p.m. tomorrow with perhaps a
little dismay. At that time the Spoo-
fun Cup, emblem of success in being
able to "take it" from all the stu-
dents and professors of the engineer-
ing school who will attend the annual
American Society of Mechanical En-
gineers Roast, will be awarded.
The Spoofun cup is a tin funnel
standing on an inverted tin cup with
a tin spoon on both sides. For this
reward, six professors must submit
themselves to a heated series of ques -
tions asked by this year's Master of
the Roast, Prof. E. L. Erikson, chair-
man of Engineering Mechanics, which
are designed to test their wit, inge-
nuity and sense of humor, while be-
seiged by a cross-fire of good-natured
heckling and banter from the on-
lookers. The professor. deemed best
able "to take it" is then awarded the
Spoofuncup, which he is entitled to
keep in his possession for the ensuing
year. a
The professors selected to be "roast-
ed" at this year's banquet are: Prof.
R. S. Hawley, acting head of me-
chanical engineering, Prof. C. W.
Spooner, of the Department of Me-
chanical Engineering, Prof. H. L.
Kohler, of the automotive engineering
department, Prof. A. D. Moore, of the
electrical engineering department;
Prof. A. F. Parker, of the metal pro-
cessing department, and Prof. J. Or-
mondroyd, of the engineering me-
chanics department.
Ruthven Plans
University Tax
Question Probe
President And City Council
Will Discuss Charges
In Conference Soon1
President Ruthven and members
of the Ann Arbor city council will
meet together "sometime this week"
to discuss charges by the city that
the University has not assumed its
full share of taxes and assessments.1
Announcement of the conference,
exact date of which is not set, was
made yesterday by President Ruth-
ven, who has been negotiating thisf
week with Council Chairman Leigh
J. Young. g
President Ruthven, Mayor Walter
C. Sadler, Mr. Young and other
members of the council will partici-
pate as a committee-of-the-whole in,
the discussions in the University
offices.
According to President Ruthven,
the conference was called by him
to determine "just what are the
issues involved."
"I hope that out of this confer-1
ence we can discover if there are
any real points of difference when
the facts are actually known," he
explained.
Nilsson Will Give
University Lecture
Dr. Martin P. Nilsson, professor of
classical archaeology and ancient
history at the University of Lund,
Sweden, will give a University Lec-
ture at 4:15 p.m. today in the Rack-
ham Amphitheatre.
His talk on "Rural Customs and
Rural Festivals in Greek Religion"
will be illustrated. It is sponsored
by the Greek department.
Dr. Nilsson was formerly the rec-
tor of the University of Lund. He
has, according to Prof. Campbell
Bonner of the Greek department,"
a very high standing as a leading
authority on ancient religions, es-
pecially the Greek."
Dr. Nilsson speaks English fluent-
ly and has written several books in
that language.
H. V. Kaltenborn
To 'Edit News"
In Talk Tonight
H. V. KALTENBORN
Advancing Soviets
Combat Stubborn
Finnish Resistance*
The crisp, professorial voice of H.
V. Kaltenborn, ace news analyst, will
again be heard when he "edits the
news" in the style which brought
him into international prominence,
in the fourth Oratorical Association
lecture at 8:15 p.m. today in Hill
Auditorium.
Awarded the Headliner's Club gold
plaque for his cover of the Spanish
civil war in1936, when he crouched
for nine hours in a bullet-pierced
haystack until trans-Atlantic con-
nections were made, and then pro-
ceeded to describe the conflict for
the CBS audience during the roar of
artillery fire, Kaltenborn is ac-
claimed as "dean of news commen-
tators."
Before the mike, he is described as
"completely at ease, talking freely
without a script and with only occa-
sional refernce to his handful of
notes. His gestures, like his voice,
are quick and emphatic, not nervous
but rather signs of a quick-acting
mind which goes at once to the heart
of the subject."
News broadcasting became a Kal-
tenborn specialty in 1922, and for 16
years, his program was popular, but
not spectacular. Not until he reached
60 did the full value of his wide ex-
perience in newspaper work come in-
to great prominence. Then, the Sep-
tember crisis of 1938 so completely
dominated his life that he was forced
to live in the broadcasting studios
during the entire period.
Bridge Tourney
PlansCompleted
Arrangements are complete for
the All-Campus. Bridge Tourney, to
be held .at 7:15 p.m. today in Union
Ballroom, according to Irl Brent, '41,
chairman of the event.
The All Campus event is one of
three held during the Union's winter
bridge tournament. The winners of
each individual meet are awarded
free dance passes to the Union, and
the average high point team for the
three contests is awarded the all
campus trophy. Registrations will be
taken at the main desk, and must be
made by 5 p.m.
Russians Push Westward
On North Front In Drive
Toward Swedish Border
Natural Obstacles
Bar USSR Army
By LYNN HEINZERLING
HELSINKI, Dec. 11. -(A P- In
heavy fighting today along the entire
Finnish battlefront, Russian troops
reached points from 40 to 60 miles
from the border in some places but,
a Finnish communique said, at a
cost of many casualties.
The Finns reported three com-
panies of Russians wiped out in one
surprise machinegun attack, and
counterattacks by fast-flying Fin-
nish ski detachments.
The Russian advances, represent-
ing aggregate gains in 12 days of
fighting with sharpshooting Finnish
ski units along the snowy eastern
frontier, were mainly in two sec-
tors-just north of Lake Ladoga and
several hundred miles farther north
near Kuolojarvia, which the Rus-
sians took yesterday.
Russians Burn Town
Their drive near Kuolojarvia car-
ried today to Salla. just above the
Arctic Circle and 40 miles in from
the . border. Finnish troops with-
drew from Salla and the Russians
promptly burned the town.
The Red armed force pushing
westward in this sector evidently in-
tends to rend Finland by advancing
to the Swedish border. Following one
of the few roads traversing this area,
the Russians at Salla were approxi-
mately one fifth of the way to the
Swedish frontier.
Finnish troops were withdrawing
slowly into the forests, where they
can provide much rougher going for
the Russians than on the snowy but
open terrain east of Salla.
Along the icy northern shore of
Lake Ladoga, where a strong Russian
force has undertaken a wide flank-
ing maneuver around the fortified
Karelian Isthmus, a Finnish com-
munique told of Finnish troops with-
drawing from Pitkaranta, railroad
terminal about 60 miles from the
frontier, after fierce fighting.
Air Force Active
The Russian air force actively sup-
ported the land offensive but no de-
tails of its operations were men-
tioned.
The town of Loimola, on a spur
railroad north of Ptkarant, was
heavily bombarded, evidently in
preparation for attack as the Rus-
sians advanced along the lakeshore.
Several Russian attacks were re-
pulsed with heavy losses at the tour-
ist resort of Tolvajarvi, about 50
miles north of Ladoga.
Still farther north in the rocky,
lake-studded Ilomantsi sector, near
the industrial town of Enso, the Fin-
nish command announced it had
wiped out three companies of Rus-
sian infantry with surprise machine
gun attacks. The Russians were
caught in cross fire.
At Suomussalmy the Russians also
lost many men, according to the
Finns.
Foreign Neutral Observers
Point Out Obstacles
MOSCOW, Dec. 11.-(P)-Evidence
that Soviet Russian troops were
meeting heavy natural obstacles in
Finland in addition to the stubborn
resistance of the Finns was seen to-
day by foreign neutral observers.
These sources said the Russians
apparently realized now their mis-
take of trying to effect a mechanized
advance over lakes and through
rocky and wooded terrain in their
drive to cut in from the east and
then attack the Mannerheim Line
from the rear.
The opinion was expressed that the
Russians would advance faster as
soon as they used cavalry and in-
fantry more extensively.
Gaping Holes Detain
'Perspectives' Issue
Everything is set for the third issue
of Perspectives, campus literary mag-
azine, to go to press, but in the middle
of two of the page make-ups there
are gaping holes where engravings
should be.
Crippled Children's Aid Group
Plans Parley Here Next Month
Delegates of the organizations on
the State Committee to Aid Crippled
Children together with all other in-
terested groups, will meet at a state-
wide conference Friday, Jan. 19,3i
Ann Arbor, to decide upon a uni-
form policy of action, according to
Harry Stutz, Grad., secretary of the
State Committee.
The date for the Conference has
been changed from Dec. 15 to Jan.
19, at the request of many groups
throughout the state for more time
to discuss the resolution for a special
session of the legislature and to cir-
eventually become emergency cases
if no hospital care is given them,
he said.
Testimony given last week in the
Governor's office points to the fact
that the present reduced appropria-
tion is sufficient to cover only the
actual "life or death" cases, Stutz
said, and since most crippled chil-
dren's cases are sub-acute, it. is nec-
essary that they, too receive correc-
tive treatment.
It is for the purpose of treatment
for this category of "sub-acute" cases
to prevent permanent deformity that
the Committee is demanding a spe-
Immediate Financial Collapse
Unlikely In Japan, Hayden Says
By HOWARD A. GOLDMAN
Japan's new and larger war bud-
get, although it shows obvious signs
of fiscal strain, does not indicate
the approach of an acute financial
crisis in Japan.
This budget, moreover, is only an-
other sign that Japan's financial
position is deteriorating.
These were views expressed by
plained, but the saving factor in
this situation is that a large propor-
tion of this debt is held inside Japan.
Of course this means that the Jap-
anese government will find increas-
ing difficulty in floating domestic
loans; Professor Hayden commented,
and even now it cannot borrow-
abroad.
In the long run, he observed, the