. Th SUMMER MICHIGANi DAILY
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MANAGING EDITOR
GURNEY WILLIAMS
Editorial Director........ Howard F. Shout
City E~ditor.......... Harold Warren, Jr.I
Women's Editor . .... Dorothy Magee
Music and Drama Editor...'William J. Gorman
Books Editor .........Russell E. McCracken
Sports Editor............ Morris Targer
Night Editors
Denton Kunze Howard F. Shout
Powers Moulton Harold Warren. Jr.
Dorothy Adams
Helen Carrm
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Sher M.
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SATURDAY, AUGUST 2, 1930
Night Editor-Howard F. Shout-
TECHNICALITIES
The criticism most often made of
the American judicial system is
that it permits criminals aind of-
fenders of all kinds to escape pun-
ishment by taking advantage of
technicalities of the law. The pa-
pers are filled with stories of trials
that came to naught when a de-
murrer was over-ruled or a declar-
ation refused as being made out in
wrong form. Naturally, the average
citizen is a little skeptical of a kind
of justice that deals in technical,
distinctions to the extent of losing
sight of the broad issues of the
case.
The statements made recently by
Prof. John D. Wickhem of the law
school, visiting professor from the
University of Wisconsin, in this
connection would seem to indicate
that the rules of procedure and
evidence are not so deserving of
criticism as we might think. Rules
of evidence are, according to Pro-
fessor Wickhem, "the result of
years of judicial experience, and
represent the judgment of men ex-
perienced in litigation as to the
factors which will produce order,
expedition and fairness in jury
trials."
The most superficial study of this
subject is sufficient to convince us
of the efficacy of these remarks.'
Every regulation of the method of
presenting and building up a case
at bar is obviously designed to serve
as an aid to the dispensing of jus-
tice, for example, the hearsay rule,
the principle of judicial notice, cer-
tain provisions for the admitting
of confessions and former declara-
tions of deceased witnesses. All are
designed with one purpose in view
-justice.
The question then confronts us:
What is the cause of the injustice
in our courts if not the technical
loopholes with which our laws are,
perforated? Strictly speaking, tech-l
nicalities are the cause of it, but
About Books T RL
MISS SPENCER'S CONSOLATION
REMARKABLE FIRST NOVEL. GRA AEPOOR
Gallow's Orchard by Claire Spen- DeaRAsterE
cer; Jonathan Cape and Harrison
Smith, New York; Price $2.50. How in Sam Hill is a newcomer
Gallows' Orchard is a remarkable (I almost said freshman, because
first novel. The author, Claire I feel that way on this campus,
Spencer, is a very young woman when in reality I am supposed to
hardly out of her teens. She is not be a dignified grad) going to know
acquainted with contemporary lit- what to do and what not to do on
erature, nor has she done much this plot of soil and buildings
with the stock readings in the his- called campus. I am a reader of
tory of literature. The novel is an
unique piece of wdrk, it is delight- signs, and obey to a letter the law
ful and fresh, free from the usual in regard to smoking in buildings
maneuverings of the average sec- because I don't smoke.
ond rate novel. It is this quality, Of course, I have been studying
this freshness, that is the book's on the Engineers' benches, and re-
greatest attraction. ciprocated with angry glances
It is the story of Effle Gallows, a those that I received. I didn't
w i I d 1 y romantic creature, who know I was trespassing.
comes into conflict with the stan- T
dard morality of her little town, Then I took my girl through the
Durkie, Scotland. She attracts three main entrance of the Michigan
men to her, and is the death of one. Union, and the looks I received
They worship her, she is not un- from other members of my species
derstandable to them, they worship were enough to kock a man cold.
her as some abstract force, some- Then I haven't said anything
thing beyond good and evil. She about how I get tangled up in 11-
antagonizes her differences with braries going out the wrong door
the townspeople and finally per- and coming in the wronger one.
ishes at their hands. Only this af- I write my old Sweetie back home
ter two very strange weddings, a that if I ever get out of the Uni-
mysterious illegitimate child, a versity alive, we will have wedding
brawl, a murder, a prison escape, bells in September. I never want
a stoning. This may suggest some- to come back to this campus again.
what the dramatic nature of the As yet, I haven't tried all the
story. It is very romantic and thrill- buildings, nor all the doors, nor all
ing. The author must be somewhat the benches, but every time I find
wildish like the heroine of the tale, it necessary to try a new one I of-
if one can judge from the loose ar- fer up a prayer for protection.
rangement and choice of the inci- Yours in Suffering,
dents of the book. There is a spon- A NEW GRAD
taneity in this arrangement that
lgives it the saving quality of youth. * *
Miss lSpencer must have lived with So about all you have to com-
the characters she presents, she plain about are a few dirty looks
must have loved them all. Her pre- from the Engineers, some nasty og-
sentation is of one of anartist who lings in the Union, and nothing
is enthusasti, and excited about more than getting smewhat be-
his creations. This excitement and fuddled with the library doors and
spontaneity gives the book a sense their chief guardians, the desk
of realness, gives it a human value boys. Now, look here, Grad, thems
over-and above its delightfulness as not grounds for complaint in any
a rich romantic tale. It is its high- sense of the word.
est value.
Regarding Effie's attitude toward Wait till you've been here a year
the standard morality of her town,I or so and have accidentally walked
it is remarkable how well Miss into a nest of embryonic surveyors
Spencer has ben able, like a good peeking through spy-glasses and
artist, to keep herself in the back- holding up sticks and waving their
ground. The book utterly lacks a arms, wait till you've done that
point of view. One might argue and heard them address you in the
that the schoolmaster who tells the'language that "only the angels may
tale represents the author's opin- hear", then you'll begin to under-
ions, were it not that the school- stand.
master is so completely a masculine Wait till you've paid five cents in
and individual character, were it the Union tap-room for a strip of
not that upon close examination bacon that would make a postage
you find that he is different from stamp look like the facade of An-
anything this feminine author pos- gell hall by comparison, wait till
sibly could be. The schoolmaster you've tried to get elevator service,
unhesitatingly worships Effie, with wait till you've tried to get some
all her faults, in all her selfishness. information at the desk, then you'll
Surely this is not Miss Spencer's be able to endorse your letter pro-
point of view or she would not have perly.
shown so sympathetically the wick- And smile when you say that
edness of Effie as viewed in Mist- about the library until you have
ress Weir's eyes. No, Miss Spencer had a slight difference with the la-
has performed her task as an ob- dies who barge about the grad
jective artist very well, she has al- reading rooms in our General Li-
lowed the characters free play to brary, hold off your comments un-
I their own personality. This quality til they've withered you with one
in a young artist, such as Miss of their withered withering eyes
Spencer is, is very noteworthy, it is and spat venom at you from their
a feature that should be encour- rapier tongues and raised eyebrows
aged in artists young and old. to high heaven, making pink rem-
The style is not normal, it is issness blaze to scarlet sin, then
highly romantic and personal. The you'll be a man, my son.
author has subjugated her char- All of which means, friend, that
acters to a diction that is distinctly even we, to whom the campus is
her own. The word combinations at as familiar as a co-ed's face, have
times are hilarious, then gaudy, been but only a few days ago
sometimes sheer flimsy. But they sneered at in the library's Maga-
are delightful in their unrealness. zine Room, only yesterday shouted
Surely Miss Spencer must be placed at in the Union, and spend our days
among the worshippers of words. As in terror and our nights in dread
you read you are ever conscious of at the prospects of meeting one of I
FIRST
METHODIST CHURCH
Cor. S. State and E. Washington Sts.
Rev. Arthur W. Stalker, D.D., Mini.
ister; Rev. Samuel J. Harrison, B.D.,
Associate Minister; Mr. Jack Luther,
in charge of Student Activities for
the Summer.
10:30 A. M.-Morning Worship.
Subject: "A Laboratory Test of
Religion." Speaker: Doctor Lewis
0. Hartman, Editor of Zion's
Herald, Boston.
12:00 M.-Discussion Group for
Students at Wesley Hall. Leader:
Prof. W. C. Rufus.
6:00 P. M.-Wesleyan Guild De-
votional Meeting at Wesley Hall.
FIRST BAPTIST CHURCH
Huron Street East
R. Edwards Sayles, Minister
9:45 A. M.-Church School.
9:45 A. M.-Class for Students.
10:45 A. M.-Morning Worship.
Sermon by Dr. John Mason Wells
on "The Quest for God."
PORTABLE
TYPEWRITERS
We have all makes.
Remington, Royals,
Corona, Underwood
Colored duco finishes. Price $60
O. D. MORRILL
314 South State St. Phone 6615
GRUEN WATCHES DIAMONDS
HALLER'S
Jewelers
State Street at Liberty
WATCH REPAIRING FINE JEWELRY
ST. PAUL'S LUTHERN
CHURCH
(Mo. Synod)
Third and West Liberty
C. A. Brauer, Pastor
Sunday, August 3
BIBLE SCHOOL
8:30 A. M.-Preparatory Service.
9:00 A. M.-Sermon and Holy
Communion in German.
10:15 A. M.-Morning Worship.
7:30.
testimonial meeting.
ST. ANDREWS EPISCOPAL
CHURCH
Division and Catherine Streets
Rev. Henry Lewis, Rector
Rev. Thomas L. Harris, Assistant
8:00 A. M.-Holy Communion.
11:00 A. M.-Holy Communion:
Sermon by Reverend Mr. Harris.
The Reading Room, 10 and 11
State Savings Bank Building is open
daily from 12 to 5 o'clock, except
Sundays and legal holidays.
FIRST PRESBYTERIAN
CHURCH
Huron and Division Sts.
Merle H. Anderson, Minister
5.30 A. M.-Church School.
10:45 A. M.--Morning Worship.
Dr. James J. DeKraker, Big
Rapids, Mich.
5:30 P. M.-Social Hour for Young
People.
6:30 P. M.-Young People's Meet-
ing.
FIRST CHURCH
CHRIST, SCIENCE
409 South Division
10:30 A. M.-Regular morning serv-
ice. Sermon topic: "LOVE."
11:45 A. M.-Sunday school follow-
ing the morning service.
:.
P. M.-Wednesday evening
t
more generally, it may be said that'
it is the application of the rules by
the individual courts, and the ten-
dency to complicate and formalize
the original simple rules of proce-
dure and evidence.
In a discourse entitled "Befuddled
Justice" Thomas Compere recently
laid bare, the, evils existing in our
system of lower courts. The great
speed with which it is necessary to
try cases, the poor facilities for
handling and conducting the trials,
and the maze of political and crim-
inal intrigue and entanglement
that binds, the arms of justice, are
illustrated by this able writer. He
has pointed out for us the first rea-
son for injustice, namely, the mis-
application of the rules of trial.
We may add to this the tendency
to make more complex the simpli-
city of laws, as they are first estab-
ished, by exceptions, qualifications,
and interpretations. Naturally jus-
tice becomes "befuddled," and this
is the source of the true techni-
cality. It must be understood, how-
ever, that all the alterations made
in the original doctrines are made
in the interests of justice, in an
her presence behind the lines, shap-
ing and moulding the words into
their weird arrangements. In its
attractiveness Miss Spencer's style
suggests a comparison with that of
Miss Robert's. There is a deeper
note in the prose of the latter, it is
slow and drawly, like the brogue of
the mountaineers she writes of. In
Miss Spencer there is a higher
pitch; it is wild and imaginative, a
shrill beat here and there, maybe
akin to the Scotch people of her
story. When you are making out
your list of books to read, do not
forget Gallows' Orchard. It is quite
a remarkable experience from point
of view of subject matter, method,
and style. R. E. M.
those bloodthirsty Engineers when
he isn't sober.
And if you have wedding bells in
September, we're willing to wager
that by December you'll be so glad
to get back for just one good bawl-
ing out in the Union, or the Engine
Arch-or even one of the grad
reading rooms-that you'd pawn
the five-dollars-down-five-dollars-
a-week living-jroom rug for just
forty-eight hours in dear old An-
nie's Arbor.
* * * '
The following item was discover-
ed by our ferret-eyed ferret while
snooping about in the Twice-A-
Week University District Herald, an
exchange newspaper from Seattle,
Washington, which we shall refer
to later in more detail.
"Spry Mister Stork, busily flying
over District homes, has flopped
his wings, and rested over the Wal-
principle apply to varying situa-
tions.
If the dockets were cut in half in
each court by the appointment of
more judges, the many and rami-
fled branches of the law might be do Sanatorium five times in the
employed more carefully, and all last two weeks, each time sneaking
the rules and regulations applied I a tiny bundle through the win-'
when and as they should be. Un- dows. Three girls and two boys as-
fortunately, the citizenry is more i sisted at these surprise parties."
interested in criticizing the Judicial iEven In the far West they still
system than in supporting it with can be surprised.
sufficient funds to enable it to tune-
*SV%. AA 1... Ivy,4.. - , .c-- w ,...- ___