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THE DAILY NEBRASKAN
THIUTY-SIXTII YKAK
LIMT0K1AI. STAFF
Editor George Plpal
Maiiaginq Editors Dor Waqner, Ed Murray
New Editors WHIai d Bu'ney, Halen Pajcoe, J.ina
Walcott. How.ird Kaplan. Moirls Lipp.
Barbara Rosawater.
Sports Editor Ed StMva.
Society Editor Viramia Andeiaon
ON THIS ISSUE
Desk Editor Wanner
NiCht Editor Walcott
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MU. MARSHALL TELLS
JUS OPPONENTS
To the Editor:
The few remarks 1 append here
are not prompted by a desire to
engage in any extended dialectical
controversy nor from a rancorous
spirit. I feel, however, that some
of my statements require amplifi
cation, and some of yours an an
swer. By the phrases "oenefk'ient dic
tatorship" and "executive domina
tion of congress," 1 do not mean to
liken Mr. Roosevelt to any of Eu
rope's uncrowned absolutists. On
the other hand. I think it fair to
say that the process of consolida
tion of power in the executive de
partment these pant lour years is
unparalleled in peace-time history.
The important legislation, includ
ing; the vast relief and puhlic
works programs, NRA, AAA, re
ciprocal trade and tariff acts, neu
trality laws, social security and
other measures, have been formu
lated and administered by the
president or his administrative of
ficials with little, where any, check
or control by congress. The con
stant plea was, of course, emergen
cy, and was pleaded in the briefs
of government counsel in nearly
every one of these important cases,
to which the chief justice replied in
the NRA decision. "Extraordinary
conditions may call for extraordi
nary remedies; they do not create
or enlarge, constitutional powers,"
and so outstanding a liberal, and
so'superannuated a man. as Jus
tice Brandeis stated in the Frazier
Lemke moratorium case, "The fifth
amendment commands that, how
ever great the nation's need, pri
vate property shall not thus be
taken even for a wholly public use
without just compensation."
We were assured in the last
campaign that the emergency
was past and recovery here, yet
the president is not only taking
steps to make it permanent, he
is seeking even greater and more
fundamental powers than these.
He would not only initiate and
administer the laws; he would
decide their constitutionality by
proxy.
Your state, professedly from in
side sources, that he is "anxious
to get legislation regarding mini
mum wages, maximum hours, and
if possible crop control this
.spring." This in the face of 9-0
vote invalidating the NRA in
which one of the most liberal, and
one of the ablest justices on the
bench, Benjamin Cardoza. said.
"This is run riot. N'o such plen
titude of power is susceptible of
transfer. If this code had been
adopted by congress itself, and not
by the president on the advice of
an industrial association, it would
even then be void unless authority
to adopt it is included in the grant
of power to regulate interstate and
for foreign commerce," which au
thority, the court unanimously
found was not so granted. Yet we
are asked to believe that the presi
dent contemplates appointing none
but skilled and capable men, not
.mere dupes to do his bidding, to
the court. How, then, will his fond
wishes for such legislation mate
rialize ?
In the case of NRA in the
child labor law, the Frazier-Lem-ke
bill, the Railway pension act
and most of the others, an obvious
subterfuge is employed to accom
plish the desired end by attempt
ing to tie it up with some power
which Congress is constitutionally
empowered to exercise, tlw bank
ruptcy clause in the Moratorium
case, the interstate commerce
clause in the othor.s. It is asking
much of a -;ourt to hope that it
will close its eyes to such devious
processes and give to Congress
that which it never had. It i.s en
tirely possible that Home of the
justices may have been sympa
thetic with the purposes of such
measures; it is to their credit that
they were guided by their judicial
minds rather than their personal
preferences. It is equally possible
that certain other justices were
entirely unsympathetic with the
policy of TVA. the gold clause act,
and others; credit is likewise due
them. The court has many times
proclaimed that it is distinctly not
its province to consider the advisa
bility or practicality of the laws
upon which it passes judgment. If
It puts constitutionality above de
sirability, is it to be censured and
the president praised for valuing
desirability over constitutionality."
You again raise the issue,
rrtooted for 136 years, of the doc
trine of judicial review by the
bold statement that the court's
"present powers were not grant
ed under the constitution." One
might refer to a thousand odd
texts, treatises, and articles upon
this point, but there Is no need
The classic exposition of the
great Justice in Marbury vs.
Madison has not yet bren an
swred. If you do not like his
reasoning you will be hard
pressed to find expressly stated
in the constitution sanctions for
the vast array cf subjects upon
which Congress legislates, for it
was his lucid mind which opened
up the field. Indeed, and para
doxically enough, you may still
hear the echoes of the wails of
anguish and alarm emitted by
your spiritual god-father Jeffer
son and his cohorts at this un
wonted aggrandizement of fed
eral power by the Court, even
while you moan at the present
j sancity of fiat power aue to me
j machination of the same Court.
I Your quotations from Lincoln
j are rhetorically refreshing, but
i they will not bear scrutiny. Lin
coln was opposed on a question
which was the highest stake in his
life and at a time when human
emotions were at the hottest pitch
this country has ever seen. He
i struck back bitterly at what he
! deemd a political antagonist. His
(words are worth just whatever
I weight might be attached to any
similar statement in similar cir
cumstances; no more. You can find
criticisms which put his in the
shade by several degrees if you are
so minded; public charges brand
ing justices as "traitors," the
Court as "the corrupt branch of
the body politic," and entitling its
opinions "to just so much moral
weight as womd be the judgment
of a majority of those congrega
ted in any Washington bar-room."
You can find examples of political
motives among its members and of
its being made the instrument of
political designs by Grant and
others. Do such factors, sporadic
criticism over partisan matters,
isolated instances of misappropri
ation of its functions impugn and
impeach it for age? It has always
been my naive assumption that
bad precedents ihould be let lie;
good ones followed.
The issue, the basis for all
divergence of opinion upon this
question is really this, is it not:
You believe with the president
and liberal sentiment, real or
so called, that this nation needs
certain legislation which is so
vital that a way must be found
for its enactment regardless of,
and if necessary, in spite of,
the court, the constitution, or
established modes of procedure.
Altho you make the effort of
justifying the action by seeking
precedents and minimizing the
dubious means resorted to for
its accomplishment, your real
justification lies in what you
believe to be the beneficial na
ture of the measures it will en
able to be passed, and the belief
that you are being opposed by
forces which must be defeated
at any cost. (Incidentally, how
convenient that just at this mo
ment the iniquitous Liberty
league was caught redhanded
preparing to buy up our legis
latures. It saved a lot of trou
ble.) Others of us believe that irre
spective of the merits of such leg
islation, no sufficient excuse is
presented for circumventing the
democratic instrumentalities at our
disposal, that constitutional gov
ernment has served us well enough
to be preserved yet awhile, and
that the president's highhanded
and slightly underhanded tactics
in presenting the proposals do not
evidence a proper attitude toward
so fundamental a matter.
Without wishing to carry the
' note of personal invective injected
into this discussion by the con
jtributois to Thursday's paper any
further, I would like merely to
(slate that I deem a thoughtful re-
sport for tradition of any nature,
i political, sociHl, economic, or ciil
j turnl, essential to and entirely
compatible with the true idea of
j progress. Change is both desir
' able and inevitable, but I think
history will bear me out in stating;
that change of a fundamental na
ture will be most enduring when
it proceeds in a sane and orderly
manner. Assuredly, no one will
say that our concept of congres
sional power under the constitu
tion has not changed immeasur
ably, not in spite of the court but
by its sanction and more particu
larly that of the eminent chief
justice, who, incidentally, has
abler defenders than I, if he needs
any. The charges of "judicial
tyranny, usurpation, and filching
of power" reiterated by your
latest correspondents have been
made before and as often refuted
by constitutional authorities.
The real basis of hostility to
the court is that it will not re
frain from declaring laws void
which it finds unauthorized by
the constitution. You want them
to sustain the laws anyway, be
cause, you say, the public will
require it; the nation wide polls
showed a decided minority fa
voring NRA and AAA at the
time of their Invalidation. Can
dor should compel each of you
gentlemen to state frankly that
you want no more of constitu
tional government.
The charge that the court is the
"most dictatorial branch of our
government" is potently raah and
unsubstantiated. It formulates no
policy, makes no laws, can pro
nounce only upon a case which
comes before it .with proper par
ties, in a proper manner, with a
justifiable issue presented, and
may be. restricted in appellate
jurisdiction by congress or entirely
by constitutional amendment.
Mr. Bstandig's tirade deserves
no serious reply, tinged as it is
with emotionalism and excesses of
language. I rejoice in my aca
demic stupor and bigotry in find
ing myself with such similar speci
mens as Walter Lippmann, David
Lawrence, Senator Burke and
nearly everyone not a fanatical
partisan of the president.
With reference to the quotation
to the effect that only God can
change the Supreme Court, it
would appear that Mr. Roosevelt
has even higher aspirations than
i we reactionaries bar imagined,
j Signed HENRY R. MARSHALL.
Thanks.
Phi Dells
To the Editor:
Sometimes an opportunity pre
sents itself for a fraternity to do
something, at their own expense,
for the campus as a whole. Such
an opportunity presented itself
when the Prom committee, in at
tempting to secure a big time or
chestra for its party, asked the
faculty committee for permission
to change a closed date.
The only obstacle was the spring
party planned for that night by
the Phi Delta Theta fraternity.
After a great deal of effort on
their part, they were able to re
schedule their plans. To them, we
think, the campus owes an appre
ciative "thanks."
Jane Walcott
Dave Bernstein
Co-chairmen, Junior
Senior Prom Committee.
'DUST STORMS WILL CON
TINUE ' WEATHERMAN
BLAIR PREDICTS.
(Continued from I'age 1.)
it in not unlikely that by the end
of the storm period, it will have
i reached the . flood areas or me
j Illinoia and Ohio valleys.
"This drifting of the soil has not
been very injurious just disagree
able to us all," Mr. Blair ex-
I plained. "In western Nebraska the
wheat is being Harmed a nuie,
but as yet there ia no cause for
alarm."
Explaining the natural phe
nomena which are responsible for
our dust storms in terms of soil
erosion. Dr. G. E. Condra, di
rector of the conservation and sur
vey division of the university, ex
plained that if the ground is com
paratively bare and dry, and if
there is a wind, there ia bound to
be dust. "We have had a couple
of dry years in the western part
of the 'state, land has not been
cultivated, and pasturage has been
overgrazed. As the air currents
drift, they carry dust here, and,
in time, all the way to the At
lantic coast.
Something has to be done to
remedy tho situation, and federal,
sectional, and state bureaus have
been acting in the last few years
to rescue dying cattle, to relieve
destitute families, and to safe
guard human life. This attempt of
man to control nature is a new
idea, and, as yet, a complete sys
tem has not been worked out. It
haa been advocated by agricul
tural experts that land bo re
seeded with native grasses or veg
itativc matter most of the year
so that the-soil will not yield to
the force of the wind.
According to a pamphlet, "The
Future of the Great Plains," re
port of the great plains commit
tee of the federal government pub
lished in December, 1936, the two
agencies of the federal govern
ment most actively concerned with
all these problems resulting from
our natural resources are the de
partments of agriculture and in
terior. Under each of these de
partments are numerous extension
bureaus such as soil conservation,
bureau of reclamation, plant and
animal husbandry, and office of
education. Through these and
other organizations it in hoped not
only to conserve our national re-
sources through systematized ag
riculture but also to educate
youth regarding soil control.
Experts along this line believe
that legislation and theory are of
littie worth unless youth is edu
cated to execute the new ideas.
Hence, money is being spent in
state universities, teachers' col
leges, land grant and other col
leges to further progress in con-
( servation, and all these institu-
tions have demonstrated their in
terest in this vital problem
through research, instruction and
extension activities.
Drive Out
Hyprocri.oy
To" the Editor:
Paul B.itandig deserves to be
congratulated for his open admis
sion that the president's proposed
reform of the supreme court aims
at making "new deal" in political
issue3. He believes that the presi
dent, without responsible congress,
should have the power to tamper
with the highest court at will.
What would be the ultimate re
sult of such a practice? With
each change in party control in
congress, we would have a change
I in the personnel of th court. Con
jgress would become the judicial ns
j well as the legislative branch of
our government. If we want a
political court, I say, have the
judges elected by the people; or
better still, do away with the
court entirely. We want to drive
hypocrisy from government, not
encourage its growth.
Don Nemetz.
i BANQUET TONIGHT
i TO HONOR STATV.
PRESS MEMBERS
(Continued from Page l.i
vill include community singing,
led by Mrs. N. W. Gaines of the
college of agriculture extension
service; "Football a la Coed,"
prize winning sk.it from the 3936
Kosmet Klub show; the introduc
; tion of Henry Sehulte, track coach,
j and Major "Biff" Jones, athletic
j director; the agricultural college
cowboys, and the announcement
by W. H. Plourd of awards in
j the NPA contests. The climax of
, the program will be an address by
Chancellor Burnett on the subject,
"The Youth of Nebraska the
State's Greatest Resource."
University committee on ar
rangements for tonight's dinner is
composed of Prof. Gayle C. Wal
ker, director of the school of
journalism, chairman; Prof. R. P.
Crawford, assistant to the chan
cellor; Prof. Howard Gramlich,
department of animal husbandry
extension editor; Lawrence Pike,
director of university news and
feature service, and Miss Martha
Park, head of the Ag college cafeteria.
V. M. C. A. MEMBERS
HOLD NOON MEETING
A luncheon meeting of all uni
versity men interested In a dis
cussion of the modern application
of the teachings of Jesus will be
held this noon in Room 6, Grant
Memorial Hall, from 12:00 to
12:50.
Thio c th fiiiivi of ft series of
pre-Easter discussion meetings led
by Secretary C. D. Hayes of the
campus Y. M. Each meeting cen
tofo nrminri nn important feature
in the life of Jesus with emphasis
upon the bearing of this teaching
on problems of modern life.
JUNIORS PROPOSE
TO OPEN STUDENT
PUBLICITY BUREAU
(Continued from Page l.l
throughout the state. It ia hoped
that from this discussion the com
mittee may learn the type of ma
terial that would be of interest to
outstate readers and the matter
that community editors would be
most willing to publish. "If the
new service can serve to convince
the people of the state that there
is something more and serious to
bo had in the university than the
social life which is so often over
emphasized, that alone will jus
tify its establishment," Burney de
clared. Plans for a junior class party
to be held at a downtown hotel
urorn Hi.qpllHSpd hV the 6TOUD. al
though definite pjeparations were
tabled until the next meeting,
wtipn morn complete information
would be available. It was fairly
definitely established, however,
that the festivity would consist oi
an informal dinner, followed by
brief talks by class leaders, with
a stag dance concluding the fitat
strictly Junior affair.
AROUND AND ABOUT
(Continued from Page 1.)
a letter of appreciation to the
police department for the de
lightful service.
We finnllv eot our srimv paws
on a copy' of Dorothy Parker's
"Not So hopn as a Well." Old
favorites and new smarty-pantsy
poems we found in the collection.
We couldn t resist the temptation
to copy tnose mac mi our iancy.
"Neither Rloodv Nor Bowed" must
have been prompted by no less
than a columnists trials:
"They say of me, and so they
should,
It's doubtful if I come to good.
I see acquaintances and friends
Accumulating dividends,
And making enviable names
In science, art, and parlor
games.
But I, despite expert advice,
Keep doing things I think are
nice,
And tho to good I never come
Inseparable my nose and
thumb!"
The other evenine Judy Viele
timidly asked if she might talk
Ai.mhlv mor
about "somemms , ' :-.sed
bid" And so everyone confessea
with her to having at some time
contemplated auicide or to hae
been near death. The best ways
oTtaklng one s life were argued.
St' 'nT.atlsfactory conclusions
reached. La
ot mc voiiuuo
"Resume"
mean of killing one's self;
"Razors pain you;
Rivers are damp;
Acids stain you,
And drugs cause cramp.
Guns aren't lawful;
Nooses give;
Gas smells awful;
You might as well live."
Students Attention
Let our new and modern Shoe
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quarters For Your Foot Comfort
A & C SHOE CHATEAU
211 South 13 St.
Woodmen Accident Bldg.
KNITS CLEANED
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To original measure. We
also dye knits that have be
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Modern Cleaners
Soukup A. Westover
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PHALANX TO OPEN
ANNUAL CONCLAVE
HERE ON FRIDAY
(Continued from Page l.i
ducted into Phalanx are: Bob
Lawrence, Joe Pospisol, Stanley
Dolezol, Norris Reynolds, Richard
Buttery, Don Megehand. Gerald
Vitamas. Robert Avery, Alan
Tintsman, Pete Burns. Frank
Howard, Eldon Frank, Ben Cook,
LaVerne Pfeifer, George Vlasnik,
Edwin Vail.
Elmer Pierce,
Henrv Robertus.
John Osborne, Orland Horn, John
Liming, B. F. Woods, Robert
Smith, Russell Par.sell, Merle
Schwegman. Lyman Spurlork, G.
W. Conn, Robert Hansen, Robert
Kriz, Waldo Deck, Harry Liebers.
Martin Erck,
John Vogeler,
DR. CONDRA TO SPEAK
ON SOIL FORMATIONS
AT MOSCOW SESSION
(Continued lrom Page 1.)
from Kansas; Dr. Newell, head of
the Kansas geological survey divi
sion, and Dr. Carl O. Dunbar of
Yale.
Dr. Condra and his associates
will leave this country on the liner
Georglc. June 12, and will spend
five days in England before pro
ceeding to Moscow by way of the
Baltic sea and Leningrad. Their
return trip will be thru the Carnic
Alps of Switzerland, and they will
sail for the United States. Aug. 20.
The party expects to collect a
large number of specimens in Eng
land, Russia and Switzerland.
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