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Editoridal
The Necessity
For Conscription .


Official Publication Of The Summer Session
VOL. L. No. 32 Z-323 ANN ARBOR, MICHIGAN, WEDNESDAY, JULY 31, 1940

PRICE FIVE CENTS

Axis Reported
Making Final
Invasion Plan,
Massing Men
British Minister Announces
Blockade Extension To
Spain AndPortugal'
Windsors On-Way
To New York City
BULLETIN
BUCHAREST, July 31. (Wednes-
day).-(AP)-Foreign Minister Mihail
Manoilescu expressed today the de-
termination of the Rumanian Gov-
ernment to oppose with force ay ces-
sion of Transylvania and Dobruja
to Hungary and Bulgaria.
He suggested an exchange of popu-
lations with Hungary and Bulgaria
as solutions of the Balkan problem.
BERN, Switzerland, July 30.-(P)
-Reports from France, Germany,
Italy and Spain tonight indicated
that Germany was making final
preparations for an attempt to invade
Britain.
German and Italian travelers from
Spain said that the nationalist gov-
ernment there appeared to be prepar-
ing to try to grab Gibraltar-a move
which it long has been reported may
coincide with asGerman attack on
England across the Channel.
These sources said that troops
in small armed boats carrying ar-
tillery were concentrated near La
Linea, Spain, behind Gibraltar.
Reports from France said that the
Italians were concentrating bombing
planes at their Sardinian bases for
an air attack on Gibraltar-another
move expected in a coordinated Ger-
man attempt to invade Britain.
Spain, Portugal
Blockaded
LONDON, July 30.-(IP)-A vast
extension of the British blockade de-
signed to close every possible avenue
to Germany and Italy and especially
to ring Spain and Portugal lest war
supplies be transhipped there was
announced in Commons today.
Hugh Dalton, minister of economic
warfare, disclosed the new policy un-
der which:
1. Every ship in the Atlantic Ocean
will be subject to seizure by the Royal
Navy unless its master can produce
a navicert-British-approved certi-
ficates of clearance-for its entire
cargo.
2. Spanish and Portuguese imports
will be limited strictly to their own
needs, supplies to be permitted to
reach such neutrals in "imports ade-
quate for domestic consumption, but
not for reexport."
Britain hopes to "intimidate" a
large number of ships which have
been plying the Atlantic with cargoes
certified only in part by British offi-
cials at their points of origin.
Windsors On U.S. Ship,
Guarded By H.M. Navy
LONDON, July 30.-()-Skirting
a United States law, guns and tor-
pedoes of the British navy will guard
the American export liner Excalibur
on its way to New York to insure the
Duke and Duchess of Windsor-and
the ship-against seizure by any en-
emy raiders.

His Majesty's navy may, however,
comply with the letter of the Amer-
ican law forbidding American ships
to travel in belligerent convoy by
keepingat a "non-convoy" distance
but still close enough for action if
need be.
The Excalibur will sail Thursday
from Lisbon. The American export
lines, in New York, confirmed that
the Duke and Duchess had booked
passage, to arrive in New York Aug.
9, but said the question of any Brit-
ish escort was up to the state de-
partment.

Supreme CourtIssues
Discussed ByDean Bates
Legal Expert Notes Lag Between Latest Doctrines,
Tribunal's Decisions On Validity Of Legislation

By HARRY M. KELSEY
There will always be some lag be-'
tween the latest economic and social,
doctrines of the country and some of
the decisions of the Supreme Court'
passing upon the validity of legis-
lation based upon these doctrines,-
Dean Emeritus Henry M. Bates of
the law school asserted in a lecture1
last night.
Whether the period of lag is great
or small will depend1 in large mea-
sure upon the ability of the members
of the Court to base their decisions
wholly upon the existence or non-
existence of the authority of the
legislature to pass them, to the ex-
clusion of any consideration of the
wisdom, expediency or efficacy of
the statutes involved, he stated.
Dean Bates' talk, on "The Funda-
mental Law and Judicial Review,"
was one of the series sponsored by
the Graduate Study Program in
American Culture and Institutions.
The power of the Supreme Court
to pass upon the constitutionality of
John L. Lewis
Denounces Both
Major Parties
CIO's President Contends
Unemployment, Income
Problems Were Ignored
ST. LOUIS, July 30.-(AP)-Skirt-
ing any mention of the coming pres-
idential campaign, John L. Lewis,
CIO president, declared today both
major political parties had failed to
face the problems of unemployment
and inadequate income for millions
of Americans.
Lewis said there were 10,700,000
unemployed in the country, includ-
ing 3,500,000 young men and women
between the ages of 19 and 24, and
a national study of 29,000,000 fam-
ilies had shown that 19,000,000 "sub-
sist on a family income of $69 a
month."
Speaking at the convention of the
United Automobile Workers of Amer-
ica, second largest union in the CIO,
Lewis said: "That is what is the
matter with America-an insufficient
national income to permit the popu-
lation to consume our own produc-
tion."
Declaring that the platforms of
both major political parties fail to
state "what they're going to do about
it," the labor leader said: "Some day
the people of this country are going
to lose confidence in the existing
political parties to such a degree that
they are going to form their own
party."
That, he added, was "for the fu-
ture to develop."
The automobile workers greeted
Lewis with a 45-minute demonstra-
tion, hammering on tables and trays,
with miniature baseball bats and
boards until they were warned the
plaster was cracking on the ceiling
below the convention hall.
Lewis denounced proposals for uni-
versal compulsory military training
and demanded that the government
"refrain from giving its business to
concerns that deny the rights of
labor."

legislative acts was established in
1803 in an opinion delivered by Chief
Justice Marshall in the case of Mar-
bury vs. Madison, Dean Bates said
The logic of this case has been justly
criticized, he maintained, but the
dictum has been treated as sound in
all subsequent decisions, and it may
be regarded as stating the established
law.
It is true, he remarked, that the'
Constitution does not in terms confer
upon the Court authority to declare,
a legislative act invalid, but the
great majority of scholars hold the
view that the authority to pass upon
legislation was necessarily assumed
and implied in the Constitution.
Some definite proposals of setting
up special tribunals endowed with
this power were made and rejected
in the Constitutional Convention,
Dean Bates pointed out. The rejec-
tion of these, he claimed, was due
largely to the assumption by the
leaders based upon their colonial
experience and their theories as to
the nature of constitutional power
that the courts were by the very
nature of the case given this author-
ity.
Thus the Supreme Court has had
conferred upon it a task and respon-
sibility more important, difficult and
delicate than courts elsewhere ever'
have been called upon to perform,
Dean Bates told. It subjects the
court to terrific strain and to at-
tacks by political parties, economic
interests and numerous pressure
groups, he said, a strain that is par-
(Continued on Page 3)
Final Excursion
Will BeToday
Tour To Leave Angell Hall
For Put-In-Bay Island
Excursionists will leave Ann Arbor
from in front of Angell Hall at 7:15
a.m. today for the last Summer Ses-
sion excursion of the season, a .trip
to Put-in-Bay Island in Lake Erie.
The boat to the island will leave
Detroit at 9 a.m., returning at 8 p.m.
The group will arrive back in Ann
Arbor at about 9:30 p.m. today. A
three hour stop-over on the Island
is anticipated.
Conducting the excursion will be
.Prof. Ruel V. Churchill, director of
Summer Session excursions. The
party will be able to consult Prof.
Irving D. Scott of the geology depart-
ment, who will accompany the group,
concerning the geological formations
on the Island.
Main points of interest will be the
Island's four caves and limestone
shore line. First glimpse of the Is-
land will be the 352 foot granite shaft
of the Perry Monument, constructed
in memory of Commodore Peery's
naval victory off the Island during
the war of 1812.
Explosions In Camden
CAMDEN, N. J., July 30.-()-
Flames touched off by a series of
explosions in a paint factory swept
four blocks of central Camden to-
day, killing at least one factory em-
ploye, hiding the fate of seven others,

Galsworthy's
Play To Open
Here Tonight
Whitford Kane To Direct
And Perform In 'Escape';
Norm Oxhandler In Lead
Showing To Start
At 8:30 p.m. Sharp
With Whitford Kane, noted Irish
actor, as director, the Michigan Rep-
ertory Players' sixth production of
the current drama season, John Gals-
worthy's "Escape" will open a four-
day run at 8:30 p.m. today in the
Lydia Mendelssohn Theatre.
A friend and student of Gals-
worthy, Kane has appeared in nearly
all of the author's dramas including
a number of premieres. He originate
the role of O'Cleary in "Justice" and
played prominent parts in "Strife"
and "The Pigeon." He will be seen
again tonight as the parson.
Leading Player
The leading role of the production,
that of Matt Denant, will be played
by Norman Oxhandler, a Play Pro-
duction veteran, who has been seen
this summer as Stephen Minch in
"The Star Wagon" and as the artist
in "Two on an Island."
"Escape" reveloves about the char-
acter of Denant, an escaped convict,
and his attempts to elude capture
by the police.
Truman Smith, who played the
sight-seeing guide in "Two on an
Island" and Hanus Wilks in "The
Star Wagon" will be seen as the
farmer.
The various scenes, which are set
in England in about 1925, are design-
ed to give an air of unreality to the
performance. All of the sets are two-
dimensional and are painted with an
air brush to give them a hazy appear-
ance.
Supporting Roles
Supporting roles in the drama are
portrayed by Vincent Jukes as the
plain clothes man; James Moll as
the fellow convict;' Osna Palmer as
the shingled lady; Everett Court-
right as the man in plus fours; Ar-
thur Klein as the old gentleman;
Dorothy Hadley as his wife, and
Mary Jordan and Evelyn Smith as
the two maiden ladies.
Others in the cast include Mary
Ellen Wheeler as the girl of the town;
Henry Patterson and Robert Link as
the two policemen; George Shapiro
and Alfred Wilkinson as the two war-
ders; Carrie Trombley as the main;
June Madison, Neil Smith; Elizabeth
Green and Ray Pederson as the four
trippers; Richard Hadley as the vill-
age constable; Angus Moore and Roy
Rector as laborers; Jeanne Court-
right as the little girl; Richard Heger
as the little boy; George Batka as the
bellringer, and Ollierae Bilby, June
McKee, Margaret Wiseman and
Edith Woodard as people in the park.

Senate's Military Group
Approves Calling Guard;
Havana Conference Ends

Three-Point 'Havana Act,'
Aimed At Aggression
Signed By 21 Nations
Cordell Hull Feted
As He Leaves Cuba
HAVANA, July 30.-(R)-The his-
toric conference of Havana, which
bolstered the Monroe Doctrine with
new bars against war dangers from
Europe, ended tonight in a cheering
flurry of speech-making and docu-
ment-signing.
U.S. Secretary of State Cordell
Hull, the quiet, patient man who is
credited with pushing through the
three-point program of American
solidarity, was the first to sign. He
was last in the lottery of precedence,
but the others deferred to him so he
could catch the liner Oriente for
Miami.
Hull was cheered loudly as he left
his seat and stepped to the large
table in the Cuban capitol to affix
his signature to the various confer-
ence measures. He was cheered
again a few minutes later when he
tried to slip out quietly while Foreign
Office representatives of the other
20 American republics were coming
forward to sign.
The program to which they at-
tached their names consists of:
1. A so-called "Act of Havana,"
definitely declares all the American
Republics to be opposed to change
or menace of change in the status
of European possessions in this
hemisphere.
2. Inter-American cooperation to
Combat the "fifth column" or other
infiltrating subversive elements that
may exists or seek to exist in this
hemisphere.
3. Mutual effort to maintain eco-
nomics in an "American way," with
precautions against market disloca-
tions caused by the European war,
and to guard against encroachment
of European barter systems.
Education Talks
To End Series
Will Discuss Health And
Extracurricular Work
Prof. Edgar Johnston and Dr.'Ma-
bel Rugen will conclude this week's
lectures in the Summer Session ser-
ies sponsored by the School of Edu-
cation, in the University High School
Auditorium.
"Some Critical Issues in the Field
of High School Student Activities"
will be discussed at 4 p.m. today by
Professor Johnston, based on his
recent studies of the extracurricular
activtiy programs in operation
hroughout the state.
Tomorrow at 4 p.m. Dr. Rugen will
describe "Suggestions for Improving
Health Education in Schools" on the
basis of the experimental work she
has supervised in workshops, in com-
munities, in various parts of the
State.

Alfred E. Smith
'Walks' again,
Backs Wilikie
(By the Associated Press)
NEW YORK, July 30.-Alfred E.
Smith, the Democratic presidential
candidate of a dozen years ago who1
took his first famous walk out of his
party's convention in 1936, declared
himself today for Wendell L. Willkie,
the 1940 Republican standard bearer,
In a formal statement, the former
Governor of New York declared that
"in my opinion, the recent so-called
Democratic convention in Chicago
sounded the death knell of the Dem-
ocratic Party."
As a result, he said, he and "mil-
lions of other genuine Democrats
throughout the United States will
continue to protect and defend true
democratic principles and will in no
way willingly or silently tolerate any
foreign blocs, call them New Dealers
or what not."
He added that the "thing to do
is to :defeat the Democratic Party
this year and get rid of the fellows
who turned it into the New Deal
Party."
Dnas Malone,
John P. Dawson
To Talk_ Today
Two Lectures To Consider
Future U.S. Achievementr
IndividualLiberty Goal
Presenting the last of his series
of ten lectures for the Graduate
Study Program in American Culture
and Institutions, Dr. Dumas Malone;
director of the Harvard University
Press will speak at 4:15 p.m. today
on "The Future of American Achi-
evement."
At 8:15 p.m., Prof. John P. Daw-
son of the law school will lecture on
"Individual Freedom as an Objec-
tve in Government".
Both lectures will be given in the
Rackham School auditorium'and will
be open to the public.
A native of Detroit, Professor Daw-
son attended the Detroit City College
from 1918 to 1920, then taking his
A. B. degree at the University here
in 1922. He went on to take a J. D.
degree from the law school in 1924
and studied at Oxford University in
England from 1924 to 1927, taking a
D. Phil. degree there in 1930.
Professor Dawson became a mem-
ber of the faculty of the law school
here in 1927, and has been here
since.
A member of the Michigan State
Bar Association, Professor Dawson
belongs also to the Research Club of
the University, the American Associ-
ation of University Professors and
the American Federation of Teachers.
He is a contributor to professional
journals.

Committee Hears General
Demand Authorization
To Augment Defenses
FDR Remains Silent
On ConscriptionBill

WASHINGTON, July 30. -(A)-
President Roosevelt's appeal for
power to call out the National Guard
and Officers Reserve Corps for train-
ing-a proposal backed unstintedly
by the Army-received today the
quick approval of the Senate Mili-
tary Committee.
Its action came shortly after it
had heard Gen. George C. Marsh-
all, the Chief of Staff, describe such
an authorization as urgently neces-
sary and add. a strong endorsement
of selective conscription-a proposal
apparently bogged down in congres-
sional controversy.
On the latter subject, President
Roosevelt declined- to be drawn out
at a press conference-although the
committee earlier had engaged in an
acrimonious dispute over a Repub-
ican demand that he make his views
mown.
When a reporter asked his attitude
toward the pending Burke-Wads-
worth bill-requiring all men 18 to
74 inclusive, to register for possible
selective training-he said he did
not care to go into details. To this,
he added the statement that a lot
of machines without men to run
hem were worthless, and many men
without machines were equally value-
less.
This led some to the conclusion
that the President favored conscrip-
tion, but at no more rapid a rate than
the men called up could be provided
with equipment for their training.
Marshall . took the position that
conscription and calling out the
Guard were, in combination, the only
method of insuring a sufficient num-
ber of men for the nation's security.
"We must know what tools we
have to work with," he said. "Paper
plans will not suffice in this emer-
gency. In our judgment, the secur-
ity and safety of this country depend
on our having an adequate number
of men trained and there is no other
way to do it except by his method
(calling out the Guard) followed by
some form of conscription.
"I don't think we can afford in
any degree at this time to speculate
on the security of this country."
Marshall's testimony was the cl-
mactic event of a day which saw the
Committeeembroiled in an acrimon-
ious session, involving Republican
demands that President Roosevelt
state his views on conscription,
English Syntax
To Be Analyzed
By Eugene Nida
Arkansas Linguist To Talk
Today In Kellogg Hall;
Bloomfield To Speak
With the summer meeting of the
Linguistic Society of America com-
pleted, members of the Linguistic In-
stitute face not only the customary
lecture program this week but also
another week-end of activity due to
their acting as hosts to the Confer-
ence on Research in the Culture of
Non-English Groups in the United
States.
"English Syntax" will be approach-
ed from a new point of view by Eu-
gene A. Nida in the Institute 'lecture
at 7:30 p.m. today in the auditorium
of the W. K. Kellogg building. Mr.
Nida, a member of the faculty of the
Summer Institute for Linguistics at
Siloam Springs, Arkansas, is a re-
searcher in Mexican Indian langu-
ages who has recently brought to bear
upon English language study the
same objective descriptive technique
used in analyzing Indian speech.
The regular Thursday noon lunch-
nnn nnranea wil be givnn oeto

Dragnet Roundup Of Foreigners
Accelerated Throughout Japan

TOKYO, July 30.-(IP)-A round-1
up of foreigners throughout the Jap-
anese Empire on suspicion of espion-
age was pressed tonight by the Jap-
anese Army and gendarmerie.X
Reliable sources saw the drive as aI
new spearhead in the Japanese cam-
paign to effect the long-sought "new
order in East Asia," by elimination
of foreign influence in the economic)
zone Japan has called her own.
From Korea, on the Asiatic main-c
land, came a communique of the Kei-7
jo Headquarters of the Japanese gar-4
rison for Korea and the Korean Pub-4
lic Prosecutor which announced the
arrest of "several foreigners who+
have been engaged in espionage." I
The nationality of those arrested
wa snot disclosed, but the announce-
mant rn-ripr by np-_ a nanmap 1

port of Western Japan, and is the
center of an important industrial
area.
Domei also reported the Ministry
of Education planned gradual re-
placement of 400 or 500 foreigners,
now teaching in Japanese schools
and universities-as a precaution
against espionage.
The anti-espionage campaign, in
which a group of prominent Britons
in Japan has been arrested, was dis-
cussed today by the United States and
British Ambassadors to Tokyo, Joseph
C. Grew and Sir Robert Leslie
Craigie.
It was understood their conference
covered the death of one of the ar-
rested Britons, Melville James Cox,
veteran English newspaperman, who,
the Japanese, say, commited suicide
by ieanino- thnunen h a nice sttin

Biology Camp
Invites Visitors
Sunday,Aug. 4
Sunday will be Visitors' Day at the
University Biological Station on
Douglas Lake, where educational ex-
hibits will feature the work done by
the camp's biologists in the lakes,
bogs, brooks, rivers and forests of
the North.
From 2 p.m. to 5 p.m. students
and faculty members will receive vis-
itors, conductthem around the camp,
show them the exhibits and discuss
any biological problems the visitors
may be interested in.
Up in the north woods, near Che-
boygan, the biology students have
plenty of subjects for study. Sugar
maple, beech, yellow birch, hemlock
and white pine grow in abundance
around the camp. More than 1,000
species of flowering plant have been
catalogued and 600 species of algae
have been found. Birds are studied
from concealed elevated platforms,
and 51 species of mammals frequent
the area, including bats, shrews,
moles, muskrats, badgers, coyotes,
red fox, wildcats, bears and deer.
Pollock Will Discuss
Chicago Convention
Prof. James K. Pollock of the po-

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Formula For Genius Presented
By Dr. Dumas Malone Yesterday

Final Vesper Program
Will Be Held Sunday
Third and final program in the
series of Summer Session Vespers
will be held at 8 p.m. Sunday in
Hil Auditorium under the direction
of the Rev. William J. Finn, C.S.P.,

By MORTON C. JAMPEL
A high mentality, good education-
al opportunity, an unusual mother,
a father who is in a profession, and
a fair amount of luck are the ingred-
ients that form the answer to the
"Riddle of Genius", Dr. Dumas Ma-
lone told an American Culture In-
stitute audience of 300 yesterday.
Basing his prescription for great-
ness chiefly on the results of a Stan-
ford University study of 500 geniuses
of history, Dr. Malone pointed out
that while these generalizations can
be made, great men have come from
every level of life, with all sorts of
backgrounds.
"And nowhere is it more import--

Surprising as it may sound, Dr.,
Malone said, in Germany there has
been a great amount of freedom with-;
in the totalitarian set-up and ap-
pointment has been made on ability.
But England has been obstructed
by rewarding its social aristocracy
instead of talent.
Claiming that great men must be
constructive and not destructive, Dr.
Malone called for a more positive
approach on the part of democracies.
"The answer of democracies to the
dictatorships cannot be an indignant
denial, it must be a confident af-
firmation," he said.
Comparing the mere "good" with
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