THE MICHIGAN DAILY FRIDAY, AUG. 12, 191
THE MICHIGAN DAILY
The New Bar President
Dejender Of Doheny And Fall.Elected To Head Association
I----
The Editor
Gets Told
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Board of Editors
M GING EDITOR. IVING SILVERMAN
ity .ditor .Robert I. Ftzhenry
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NIGHT ED OR: HARRY L. SONNEBORN
The editorials published in The Michigan
Daily are written by members of the Daily
staff and represent the views of the writers
It is important for society to avoid the
neglect of adults, but positively dangerous
for it to thwart the ambition of youth to
reform the world. Only the schools which
act on this belief are educational institu-
tions in the best meaning of the term.
-Alexander 0. Ruthven.
ofrrr From
TheAir...
H ORROR STORIES in war time are
always dangerous. Even incontro-
vetiple atrocities can often be explained away
b3' professional apologists, and indeed most
atrocities in modern warfare stem from the fact
of war itself under 1938 conditions rather than
frqm the character of the combatants. Given a
state of war, it is inevitable that slaughter, star-
vation and desolation occur on a gigantic scale.
Even a "border incident" in this decade of de-
struction means the use of six-inch guns on a
four-nile front, with 10,000 men engaged.
And yet, even granting the significance of
modern machines of war in fixing responsibility
for the carnage, a human factor nonetheless re-
mains. The military methods of the fascist na-
tions, as paraded in three separate wars of ag-
gression, have-exhibited a brutality and indiffer-
ence to human life shocking beyond words to the
ordinary newspaper reader.
During the conquest of Ethiopia, Italian planes
repeatedly bombed the primitive and totally
defenseless native villages, on one occasion drop-
ping leaflets. along with the projectiles asking,
with typical fascist humor, if the Emperor's um-
br lla had protected him from the bombs. The
crude Ethiopian huts burned like tinder, while
thejr wounded inhabitants (less fortunate than
thpse killed outright) died of the lingering effects
of gangrene in the absence of medical attention.
On March 19 of this year, the Associated Press
reported that "a lull in the deadly roar of Insur-
gent bombers gave blood-drenched Barcelona a
merciful, although apprehensive respite today . ..
"There were 640 shattered bodies, most of
them 'mangled beyond identification, laid out in
grotesque rows in over-taxed morgues
Highest estimates placed the dead at 1,300 and
injired at more than 2,000 in the 13 Insurgent
attacks.'
"More than 700 wounded, including 75 small
boys and girls, were crowded into Clinic Hospital
alone . . Many women were among the dead,
their heads crushed by fallen masonry and
beams. Near their bodies were those of 12
babies, streaks of dried blood on their dirt-
covered faces "
Monday another Associated Press dispatch,
this time from Canton, China, reported that
"men, women and children seeking refuge in
the grounds of Canton's Catholic Cathedral in
a Japanese air raid were blown up today by
three bombs that exploded within 20 yards of
the building. At least 39 of them were killed and
50 injured
"Bishop Antoine Fourquete, who has seen 43
years of service in Canton, walked through the
cathedral grounds after the attack looking over
the rows of bodies of many small children. 'I
can't understand the reason for this,' he said.
'There are no guns and no soldiers in this area.'"
No, there were no guns and no soldiers in the
cathedral, but there were human beings: Fascist
war is made not only on the enemy in uniform,
but on the enemy in civilian clothes, in workers'
blouse, in housewife's apron and in child's dress.
The American Bar Association has had some
distinguished presidents in its 60 years. Taft and
Hughes and Root are on the long list. So are
Frederick W. Lehmann, Moorfied Storey and
T. M. Cooley.
But not all the bar's heads have measured up
to this standard, and in recent years the general
character of its leadership has been disquieting.
Just how a new president is settling himself into
office. He is suave, charming Frank J. Hogan of
Washington, famed as a book collector and for
hospitality where hospitality is- a highly devel-
oped profession.
The career of Mr. Hogan is as amazing a
success story as the bar has produced. His father
died when he was 5 and he stopped school in the
fourth grade to be a $2-a-week cash boy. He
becaine a railroad messenger. He sold papers. One
of his superiors, impressed by his ambition, ar-
ranged a reading course. Someone taught him
shorthanid: One job led to another ,always better.
The end of the Spanish-American War found him
in the War Department and a law student at
Georgetown University.
His rise in the bar of Washington was meteoric.
He won so many damage suits against the old
Capital Traction Co. that the company in self-
protection finally hired him as its chief counsel.
Wills became his specialty, and for years he was
in every' important will case in the District. He
went into the big money almost at the outset of
his practice.
Million Dollar Fee
Mr. Hogan's first Base of national importance
was the famous Riggs Bank case. It is doubtful,
if a lawyer ever made a bolder stroke than he in
that case. The bank had sued Secretary McAdoo
and other Treasury officials in 1915, and the
Government, in turn, indicted the bank officers.
Hogan, as defense lawyer, called Theodore
Roosevelt and Taft, the only living ex-Presidents
at the time, as character witnesses for his clients.
The proof of his shrewdness came when the jury,
without a ballot, called out its verdict of "Not
guilty!" from the box.
By the time the scandals of the Harding admin-
istration broke upon the' country, Mr. Hogan
was pre-eminently established as the high-priced
protector of defendants like Albert B. Fall and
Edward L. Doheny. His appeal to the jury to
acquit them of fraud charges in the notorious
Elk Hills Naval Oil Reserve case in 1926 was liter-
ally astounding, considering the case and the
men on trial.
Making no attempt to present a connected
review of the testimony, he pitched his address
on a plane of high emotionalism. Fall was "the
man who was chosen to sit in the Cabinet by the,
most beloved President we ever had, or ever will
have, Warren G. Harding." Doheny was "this
gray-haired man, with only one child, ,the son'
whom he sent to fight and possibly die for ,his
country." Together they were "a. pair of old
prospectors," the good companions, who had
shared burdens on the long trail.
The passionate appeal, upraised finger and
pacing before the jury box are fresh again after
12.years:
The Riggs Bank Case
If you believe that Mr. Doheny is a briber,
a cheater, a trimmer, a perjurer and a con-
spirator, then by the ever-living God I have
lost that faith in human nature which until"
a moment ago I so proudly proclaimed-..
.Do you believe it? Do you? Do you? And you?
. . . For God's sake, remember your mothers
DEWEY
An Appraisal By Raymornd Moley
Raymond Moley in Newsweek
The most important county officer in this
country is the pr'osecutor. His great potential
power enables him to set the tone of efficiency
and to define the political ethics of local govern-
ment. He can, if he is competent, independent
and courageous, keep the entire local public ser-
vice 'alert and honest. If not, graft and incompe-
tence usually get the upper hand.
Thomas E. Dewey is District Attorney of New
York County, one of the five counties of New
York City. It is no longer the most populous
county in the city, but in the world of politics
it is the best known. For one thing, it is the home
of' Tammany Hall. Almost inevitably, the holder
of this office becomes a state, occasionally a
national figure. Mr. Dewey has already achieved
that distinction.
For. this reason great interest attaches to
the record he is making, not only in the spectacu-
lar cases on which he has been working, but in
the routine of his office. He has reported on the
first six months of his work, and his report is
astonishing. He has got 63 per cent of convictions
in all jury trials. In 25 years the nearest to this
extraordinary achievement was the 19 4 record
of 60 per cent of convictions by Charles S. Whit-
man, subsequently Governor.
* * * -
Lest there be misunderstanding here, it should
be noted that many prosecutors claim high per-
centages by including as convictions pleas. of'
guilty, usually to a lesser offense-a deceptive
and thoroughly unjustifiable way of building up
a record.
Reformers sometimes claim that justice is not
well served when great numbers of people are
punished. But the point here is that Dewey has
succeeded in convicting those whom he has be-
lieved to be guilty. He has not wasted time and
energy in futile prosecutions. This is doing' his
job efficiently, and doing 4n efficient job ofw
prosecuting does not imply a ruthless pursuit of.
the innocent and friendless.
Dewey has also, for all practical purposes, put
an end to the thoroughly bad habit of "bargain-
ing" with criminals foi' leas of gniltv-nnt in
and wives and sisters, men. Give the reply to
this thing that honor and decency demand.
When you go to your jury room, think
whether there is any man in the country who
could have received such a certificate of
character . . . Banker and mechanic, Catho-
lic Bishop and Methodist preacher, mer-
chant and prosecutor-they have paraded
to this witness stand and told you of his
stainless character and his heart of gold
...Today before the sun sets, I hope you
are back with your families, and I ask you
today, before the sun sets, to send thes. two
defendants back to their families!
But before that' unburdening, had come an
assault upon the Government's prosecutor, ap-
pointed, it should be remembered, by Calvin
Coolidge. "During the last hour," Mr. Hogan
said, "you, listened to as vicious a vilification of
honorable men -as ever polluted the air of a
courtroom. The artist who addressed you knows
what bunk is. He got away with all he couldBut
he did not convince you this venerable gentle-
man is a trafficker in the noble impulse of
love of Country."
The vicious vilifier and court polluter was
Owen J. Roberts, since 1930 Justice of the
Supreme Court. But before Mr. Roberts' appoint-
ment to the bench, the Supreme Court had, in
1927, passed judgment on Mr. Hogan's clients.
Castigating their fraudulent methods, it voided
the leases, restored the property to the Govern-
ment, and called Fall a faithless public official.
Turned On The Rhetoric
How much Hogan got for defending Fall and
Doheny is not a matter of public record. The
Washington Post said recently that "there has
always been good reason to believe that he was
paid considerably more than $1,000,000." An-
other case and another fee in the same category
were those growing out of the Government's at-
tempt to collect more than $3,000,000 in income
taxes from Andrew W. Mellon, charged with con-
spiracy to defraud. During the trial, Hogan jok-
ingly told listeners, after a conference with
Mellon, that his client had said in effect: "After
I get through with you, I won't have any money
left, anyway!"
There is the case of William P. MacCracken
whom the Senate charged with contempt when
he failed to bing pertinent files to the commit-
tee investigating air mail contracts. Hogan was
his defender and went to ridiculous lengths to
have MacCracken arrested by the Senate ser-
geant-at-arms so he might serve a writ of habeas
corpus, which would have paved the way for
removal of the case from the Senate's hands. In
the end, the Supreme Court upheld the Senate
and MacCracken went to jail. The list of Hogan's
cases and exploits could be extended.
Does Frank Hogan truly represent the spirit
and purpose of the American Bar Association,
in whose ranks are many of the most distin-
guished lawyers of the United States? Or issthe
honor which has been bestowed upon him merely
a routine reward of long membership, seniority
and popularity?
If the leadership of the American bar is
measured in those terms, then the people must
look elsewhere for the kind of thought and action
that represents the fine tradition of the law.
-St. Louis Post-Dispatch
Ii eent l M
Heywood Broun
Senator Norris makes an excelent suggestion
in urging the appointment of Felix Frankfurter
to the Supreme Court. As the grand old gentle-
man from Nebraska says,
Frankfurter is the logical
man to carry on the tradition
of Holmes and Cardozo. Not
only is he spiritually akin to
these jurists, but he was, in
fact, close in their confidence
and counsel.
It is entirely possible that
a sharp fight might be waged
in the Senate against the
confirmation of the Harvard professor. But that
is all the more reason for sending in his name.
At times the Supreme Court has seemed to drift
away from democratic processes. In part, that
fault may have been conditioned by the fact that,
unlike the other two co-ordinate branches of our
government, the Court was held to be above
criticism by press and public.
One of the excellent by-products of the fight
for judicial reform has been the growing popular
knowledge of Americans in regard to the Supreme
Court as an institution and its members as flesh
and blood individuals. Of course, the Court
should command respect. For that matter, so
should the Chief Executive and the members of
Congress.
Underhanded Attaccks
It would be monstrous if members of the high
bench were exposed to some types of abuse which
have been directed against Franklin Delano
Roosevelt. But, as matter of fact, it is nonstrous
that underhanded attacks of this kind should be
made against the President of the United states.
At any rate, the rule of procedure should be
the same all along the line. There should be a
balance of publicity as well as a balance of
power. It is quite illogical to have the members
of the Supreme Court live in a bird sanctuary
while their fellows on the hill are resident in a
bear pit.
In the case of Frankfurter he can well afford
to face a rock harrae N.A nn r i bi Pniir'nari by
Seeks Aid For
Southern School
To the Editor:
I have just returned from a two-
weeks administrative trip, during
which I met with the school officials
of some 35 mountain counties in
which the Save the Children Fund
operates in five southern states. I
am gravely concerned, after consult-
ing with the county school superin-
tendents and our Save the Children
Fund welfare workers over the in-
ability of many children this year to
attend school at the opening of the
term because they have no clothing fit
to wear.
Most of the mountain rural schools
open in August (some even in July).
The school superintendents told me
that unless the children can start in
at the beginning of the term, they
are handicapped all the year. "But
what can we do?" they asked.
"Many of the boys haven't a pair of
shoes or overalls; the girls not a dress
to cover them." Though shoes are
needed, except for the older girls all
can go barefoot until cold weather
comes. But'they must have clothing.
Thousands of these mountain boys
and girls, and I speak advisedly, are
in immediate need of clothing. The
stark fact confronts us that they
cannot go to school without essential
clothing of light weight. The gar-
ments vitally needed are: suits, pants,
jackets, dresses, underwear and
hosiery. William C. Headrick, our
welfare supervisor, 711 North Broad-
way, Knoxville, Tenn., stresses the
value of tennis or sport shoes for
the mild weather in the fall because
they are large and broad, and of
sturdy shoes for older girls.
Denim and materials for making
clothing; mill ends-anything, in
fact-are of the utmost value. Moth-
ers' clubs and groups of local women
areso interesteduandscooperative that
they are willing to give ungrudgingly
of their time to make the cloth into
overall suits and dresses.
The -Save the Children Fund is at
this time making an emergency ap-
peal to the American people. In
these days, when we are so splendidly
trying to meet what we feel are the
minimum requirements for our boys
and girls in the cities, we certainly
should not forget these young people
in the hills where there is no one
locally to help them. These young-
sters in the Southern mountains are
of old pioneer stock, desecendants of
Daniel Boone, Sam Houston and those
pioneers who built America. The
present economic impoverishment of
the people is due to their isolation.
The young people are intelligent and
worthy of education. A considerable
proportion of them will eventually
seek work in the industrial cities of
the north. It is of utmost importance
that they have the making of good
citizens.
Individuals willing to bundle up a
package of clothing, and manufactur-
ers or dealers interested in sending
material may ship their donations
either to Save the Children Fund
Field Headquarters, 711 North Broad-
way, Knoxville, Tenn., or if they pre-
fer, to the, Save the Children Fund,
in care of Prof. John E. Moore, Win-
chester, Tenn., who is superintendent
of schools in a county in which are
someof the several hundred mountain
schools with which this organization
is cooperating.
National headquarters of the agency
pride to some of the specimens with-
in his album. It will be their privilege
and their right to come forward, if
and when his name is offered for dis-
cussion. Indeed, there is no reason
why such a discussion should not
take on the character of a public
forum. There will be health in can-
dor and in frankness. The criticism
should come out into the open, if it is
to be made.
* * *Wr
Whispering Campaign
Felix Frankfurter has been made
the victim of an extremely vicious
whispering campaign. It - is to the
credit of America that prejudice has
not prevailed in the matter of Su-
preme Court appointments. Indeed, it
did not raise its head in the case
of Cardozo, but the fight against
Brandeis did enlist among the oppo-
sition not only religious _ but social
and economic antipathies of a dis-
graceful nature.
It would be a misstatement if I
said -that I fear the same -sort of
thing may occur in the case of Frank-
furter, because I don't fear it at all.
It should be welcomed. Slanderers
and whisperers ought to be smoked
out. Let the men in little groups who
talk of Moscow gold come out of
their coteries and justify their twaddle
if they can, or forever hold their
peace.
One of the ironies which rises out
of what almost amounts to a na-
tional passion for inaccuracy is the
notion that Felix Frankfurter is a
radical. He is by every thought, word
and deed a member of the dying
nrarm.of Rionn TL.ilrPNorris. of Ne-
Children
THEATRE
Flail The Vagabond!
By WILLIAM J. LICHTENWANGER
With as lavish a spectacle as we've
seen within the modest walls of Lydia
Mendelssohn, Play Production this
week and next is saying it with music
for the first time in a year, and for
the last time this summer. As the
climax to an already notable season
nothing could be more splendid than
the well-told tale of a street poet
turned Vagabond King-for only a
day, it is true, but long enough for
him to save France from the belliger-
ent Burgundians and to allow the
fine lady of his heart to save him
from both the gutter and the gallows.
Sometime back in 1925 W. H. Post
and Brian Hooker took Justin Huntly
McCarthy's romance If I Were King
and turned it into a well-loaded yet
swift-moving piece of theater. The
Vagabond King has just about every
ingredient any theatrical producer
could desire: intriguing plot, rollick-
ing comedy, plenty of action, drama
subtle as well as mellow, opportuni-
ties for brilliant staging, one of the
favorite heroes of history-and music.
Rudolph Friml was responsible for
the latter, and with it both as a
background and as aleading element
the adventure runs on to a somewhat
delayed but melodious and st rring
finale. Frankly, as far as the music
alone is concerned, we might have
expected more after a year barren
of sweet sound. The tunes themselves
are as mellifluous and rousing as
can be found in musical comedy; yet
the fact remains that they) are thrown
together into a score that is woefully
repetitious (as all Frinil's things),
unwieldy, and ill-scored.
Yet why such judicial musings
when there is so much in the way of
fine production to be recognized-
so much, in fact, that to mention by
name each well-taken part would be
to well-nigh print the dr matis per-
sonae verbatim. Fortunately, there is
no need of quibbling over who stole
the show; Vagabond King belongs to
the holder of its title role, and a
are in the Metropolitan Tower, 1
Madison Ave., New York.
I trust that you will see your way
clear to give space to this letter in
your publication. Your cooperation
will serve a most worthy cause.
John R. Voris
President and Executive Director.
Foreign Films, Rebuttal
To the Editor:
A few of us insist that the writer
of yesterday's letter concerning for-
eign films should be informed that
' Ann Arbor's cinematic tastes are not
quite as uncivilized as he believes. He
' will be glad to hear that we do have
an Art Cinema organization, that we
have seen "Peter the Great," "The
Lower Depths," and "The Golem," as
well as "Carnival in Flanders," "The
Eternal Mask," and a few others, and
that we can expect to see "Mayerling"
and "Carnet de Bal," this fall.
Art Cinema undoubtedly is not as
active as it could be, for we seldom
get more than six or eight films dur-
ing a year, but even its slight activity
has succeeded in partially defeating
the local ignorance of what the for-
eign film is achieving.
As far as I know we can expect no
aid from the commercial theatres.
Their attitude toward foreign films
furnishes further 'evidence of the
viciousness of that monopoly. So un-
til Art Cinema activity is extended
into the Summer Session we will find
ourselves either attending Repertory
plays or in sheer boredom wandering
into a local theatre hoping that Holly-
wood has possibly produced some-
thing which really merits two hours'
attention.
W.M.H.
DAILY OFFICIAL
BU LLETIN
FRIDAY, AUG. 12, 1938
VOL. XLVIII. No. 40
Hopwood Contest. All manuscripts
for the summer contest must be in
the Hopwood Room at 4:30 p.m. on
Friday afternoon. Aug. 12.
Linguistic Institute Final Lecture,
7:30 p.m. Friday, in the amphithe-
atre of the Rackham Building. Prof.
E. H. Sturtevant will discuss "The
Indo-Hittite Hypothesis."
Candidates for Masters degree in
Psychology. The comprehensive ex-
amination will be given Saturday,
Aug. 13, beginning at 8:30 a.m. Room
4129, Natural Science.
The Graduate Outing Club will
meet at the northwest entrance of
the Rackham Building at 2:30 p.m.
on Sunday, Aug. 14 to go to Groome's
bathing beach at Whitmore Lake for
swimming, baseball and a picnic. TIis
is the last meeting of the summer, so
come and blng your friends.
The Christian Student Prayer
Group will meet at 2:.0 p.m. Sunday,
Aug. 14, at the north eiance of the
Michigan League, from where the
group will 'go by auto to Wayne to
hear Paul G. Wapto, "The Bryan of
the Red Race," who is speaking at 3
and 7:30 p.m. The group will hold
its regular meeting between services
in Wayne in conjunction with a pot-
(Continued on Page 3)
more convincing-nay, impellin--
Francois Villon could not be desired.
Hardin Van Deursen is lusty and
picaresque as a poet of the streets,
imbued with natural as well as amus-
ing dignity as the Lord Marshall of.
France, gallantly tender as a poetic
lover, and a sterling singer through-
out.
Quite equal to Van Deursen's Fran-
cois is Mildren Olsen's Katherine,
charming, well sung and well played,
and of a mature dignity. And yet
there remains the uproarious Tabarei
of perennial Truman Smith, a per-
fect Leporello to Van Deursen's Don
Juan; the villainous, albeit method-
ically mad, King Louis of Edward
Jurist; and many more. But most
important should be sung the praises
of Mr. Windt for a finely conceived
production, and of Musical Director
Henry Bruinsma for a smooth first-
night coordination of all parts in-
volved. The chorus performed cap-
ably, and the orchestra did remark-
ably well with a thankless score and,
as usual in Lydia Mendelssohn, awk-
ward playing conditions.
Peat May Be Answer
To Economic Problem
MADISON, Wis., Aug. 11.--(P)-A
regional group of the National Re-
sources Committee, adjourning to-
day after a meeting here, decided to
reconvene Oct. 18 in Madison to draw
up a final recommendation on a pro-
gram to alleviate economic hardships
in the northern Wisconsin, Minnesota
and Michigan cut-over land regions.
C. E. Berghult, mayor of Duluth,
Minn., told the conference that vast
stores of peat lying many feet thick
under old northern Wisconsin, Mich-
igan lake beds might possibly be an
economic bootstrap by which the cut-
over areas could pull themselves back
to economic self-support.
He suggested utilization of peat
commercially as fuel and as a com-
bined fertilizer, and mhoisture preserv-
ing soil agent.
"There can be no prosperity for
either Duluth or Superior, Wis. or
other northern cities until the situa-
tion in the hinterland is relieved,"
he said.
The Loyalist Offensive
Men Against Machinery Along The Segre
Whatever it may amount to in the
end, the report that the Loyalists
have recrossed the Segre above Le-
rida, thus delivering still another un-
expected blow at a new point against
Franco's inflated bastion in eastern
Spain, lends to the Spanish fighting
an interest it has lacked since the reb-
els' Aragon offensive began to slow
down in May. The Loyalists have
managed one or two offensive strokes
before-as at Brunete, Belchite and
Teruel-and have repeatedly sur-
prised the world with feats of resis-
tance at critical moments. Not once,
however, in the two years of the war
have they shown the capacity to dis-
engage themselves from the immedi-
ate battle which is the foundation of
genuine offensive power. They have
never been able to hold in one place
and hit elsewhere, as Franco did, for
example, when he sent his Aragon of-
fensive rolling down the Ebro with
blows first from one and then from
its other flank.+
Have the Loyalists achieved that
power at last? Have they re-dressed,
.with sheer man power and co-ordina-1
tion, the balance hitherto weighed+
down by Franco's superiority in ma-"
terial and leadership? The tim
schedule of the recent fighting is sug-
gestive. The Loyalists crossed thei
Ebro on July 25. and it was six days
and perhaps other forces from the
Ebro in order to meet it. Perhaps be-
cause of this he was unable to to de-
liver his main counterstroke on the
Ebro until Aug. 6, eleven days after
the surprise crossing, and so far it has
been largely a failure. Two days later
he called up his eighteen-year-old
class of conscripts for immediate
training; but on the day after the
Loyalists were across the Segre, and
there was a new theatre for him to
defend. Nor, in the mean while, has
he freed himself from the threat of
the still unbroken Loyalist armies on
the Sagunto front.
Presumably it will take some days
to learn how much weight there ac-
tually may be behind these various
Loyalist diversions. But they show
the initiative, at least for the mo-
ment, on the Loyalist side, while they,
represent a strategy that can be ex-
tremely serious for any enemy with-
out ample, reserves. It is a strategy
whereby a relatively ill-equipped in-
fantry can (if there is enough of it)
largely neutralize the smashing pow-
ers of machinery in frontal attack.
Moreover, Franco, like the Germans
on the western front after their great
1918 drives, is peculiarly exposed to
it by his present position. One can
never tell about Snain: and n rhan
r