TWO
DAILY NEBRASKAN
THURSDAY, MARCH 30, 1939
Orfield writes first book in
America on criminal appeal
Judicial Councils to
publish law prof's work
The first American book on
criminal appeal, written by a
member of the University of Ne
braska law faculty, is to be pub
lished this year by the National
Conference of Judicial Council.
Prof. Lester B. Orfield has writ
ten the book, entitled "Criminal
Appeal in the United States." It
will be one of the first of a series
of texts on current legal problems
to be published by the national
conference, which is an organiza
tion for the study of judicial pro
cedure. Pound writes introduction.
Dean Roscoe Pound of the Har
vard Law school, formerly profes
for of law at Nebraska, will write
the introduction to Orfield's book.
Professor Orfield said that the
Idea of a book on criminal appeal
was suggested to him by Arthur
BDan0sp
LIQUOR AND THE AMERICAN
COLLEGE MAN.
To the Editor:
America is today what its young
people make it. For more import
ant is the fact that the America
of tomorrow will be what its young
people of today decide now that it
will be. The young men and wom
en of school age can be educated
to use the now responsibility of
youth more wisely.
In approaching the liquor prob
lem we must take human nature
Into account. There must be no
easing up of the educational proc
ess nor failure to stress the neces
sity of obedience to law. It is im
possible to capitalize society so
strongly that its accumulated
moral strength will not subside
and ultimately end in bankruptcy
Unless it is renewed in each new
generation. Hence each generation
is confronted with the task of sav
ing society.
What motive animates the youth
who tucks a whisky bottle in hia
pocket and proceeds to his school
tlance? Show-off instinct, mani
fested by youth and adult alike, is
en effort to overcome inferiority
complexes by showing contempt
for restraint, manifesting inde
pendence of the law.
There is among young people a
Btrange inclination to think that
dissipation is manly. This instinct
is rooted in the fact that the child
is prevented by authority from in
dulging in harmful things. When,
therefore, he reaches an age when
he can indulge without fear of au
thority he wishes to indicate the
fact to the world as evidence of
approaching manhood. The same
inferiority complex again!
The truth is that manhood is
evidenced by self-control, not by
resistance to outside control. The
manliest young men do not drink.
The college man must be
brought to realize that there is
more in this problem of drink than
the simple effects on the user, or
his freedom to accept or reject
those effects for himself. Since
they so largely fall on society,
liberty of choice in this respect
much more than in other choices
of everyday life, calls for thought
about the welfare of others.
Young accountants, machinists,
salesmen and technicians must
realize that clear eyes, steady
nerves and sober brains are indis
pensible to the performing of the
jobs that American college men
will have.
Lloyd Jeffrey.
Culture--
(Continued from rage 2.)
advocacy in some institutions for
different types of graduate work
for different pursuits.
Teaching requirements change.
He pointed out that 20 years
ego the primary and almost Hole
point of consideration in selection
of a member of the faculty was
the capacity and promise of the
prospective appointee as a pro
ducer of research publications. The
result of this competition was that
as quantity of research publica
tions increased, the curve of qual
ity dropped. A decade later it
came to be demanded that in addi
tion a prospective faculty member
should be a good teacher.
There now peems evidence, said
Chancellor Boucher, that during
the next decade he must also have
a training, an experience, and a
philosophy and a mode of life
which will make him a cultural
force in the life and work of the
college.
T. Vanderbilt of the American Bar
association. For several years Pro
fessor Orfield has been interested
in this field of jurisprudence. He
began writing on the subject in
1933 as a Brandeis research fel
low at Harvard Law school.
His book will cover all phases
of criminal appeal in the United
States. Chapters will deal with the
purpose and function of criminal
appeal. Delay and bail on appeal,
federal and petty appeals, the
elimination of technicalities on ap
peal, and the history and organi
zation of criminal appeal in Eng
land. 32 states have councils.
Approximately 32 states now
have judicial councils. The Nebras
ka Bar association at its last
meeting decided to seek the es
tablishment of a council for this
state by applying to the Nebraska
supreme court. A special commit
tee has been appointed to make
the application.
Hansen to discuss
all-creed church
Tells of Choir's ideal
at last Sunday vespers
The ideal of the Lincoln Ca
thedral choir, the Lincoln Cathed
ral, will be discussed by Kermit
Hansen, Omaha senior and mem
ber of Beta Theta Pi fraternity,
at the ' last vespers of the year
Sunday at 5:30 p. m. in the Corn
husker ballroom.
Envisioned by the choir since its
founding as a place of worship for
all creeds, the Lincoln Cathedral
to-be is still the hope and dream
of the organization. Throughout
the year attendants at the choir
vespers have heard various world
famous cathedrals discussed, but
the nature of Sunday's vespers
will be prophetic. The choir will
sing a number of special selection.,
from its repertoire. Houghton
Furr will again preside at the
organ.
Intensive rehearsals for the New
York World's Fair trip will begin
next week, according to Director
John M. Rosborough. Eastern
magazines, he said, have already
begun to publicize the choir's ap
pearances in New York.
Dairy--
(Continued from Page 2.)
behind Pfeiffer; third was Elton
Newman, York; fourth, Melvin
Glantz of Kearney; fifth, Leo Tup
per of Riverton: sixth, Paul Fidler
of Melrose, Mont.; seventh, Lau
rence Euller of Utica; eighth, Ed
ward Zahm of Spalding; ninth,
George Diedrichson of Scribner,
and tenth, Keith Gilmore of Calla
way. First place winners in judging
individual breeds were as follows
Ayrshire, Ffeiffer and Donald
Baird of Wayne, tied; Guerne.sey,
Zahm; Holstein, Diedrichson.
Two dairy divisions.
The dairy products division was
divided into two divisions a
senior division for students with
previous training or experience
and a junior division for others.
With only three entries in the
senior division, Zook took first
place in milk and ice cream and
second in butter, outscoring all
juniors. Eldridge Eever of Virginia
was first in butter in the senior
division.
In the junior division, firsts
were won by: Irl Carper of Syra
cuse in butter; Charles Gardner of
Tecumseh, in ice cream, and Wes
ton Pielstick of Cumra, in butter.
Gold, silver and bronze medals
and ribbons were awarded in each
contest. Several Nebraska dairies
and creameries also donated spe
cial prizes.
Gordon chairman.
Students in charge of the dairy
cattle judging contest were Clare
Gordon of Ragan, chairman: Rus
sell Pfellfer of Elkhorn; Tom King
of Albion, and Ray Cruise of Gur
ley. Prof. R. F. Morgan assisted as
referee.
The following students con
ducted the dairy products contest:
Winifred Jacobsen of Tecumseh,
chairman; Alvin Rippen of Bla
den; Harry Kivett of Imperial, and
David McGill of Waverly.
Epworth leagues to hold
party Friday evening
Grace and St. Paul Methodist
Epworth Leagues and the St.
Paul University Sunday school
class are combining to hold a
party this Friday at St. Paul
church. Ellis Dann is directing ar
rangements. The party will begin
at 6.15 and the admission will be
15 cents a person.
Kirsch closes
series Sunday
Exhibit of natural color
plates reviews season
The Sunday afternoon series of
gallery lectures arranged by the
Nebraska Art association will
close April 2 at 3 o'clock when
Dwight Kirsch will show natural
color plates reviewing some ac
tivities of the association in the
basement of Morrill hall.
Mr. Kirsch will summarize ac
complishments of the group and
outline some of its major objec
tives, including the erection of an
art museum in Lincoln. With the
showing of some of the colored
pictures, Mr. Kirsch will feative
the purchases of tr last few
years and many of tne living pic
tures of the last two years.
Mr. Kirsch stated that the per
manent collection of the associa
tion has become an important part
of its function. With the regular
additions to these pictures atten
tion has been attracted from the
larger art centers and have aided
in procuring superior canvases and
sculptures for the midwest showing.
Methodist council
outlines program
The Methodist student council
met last night at the Wesley Foun
dation to outline the program for
the remainder of the semester. A
committee was appointed to nomi
nate next year's officers and plans
for the spring retreat were made.
Richards
(Continued from Fage 2.)
quitania had sailed. I decided to
make a lecture tour of the coun
try. I suppose it was my English
accent and a knowledge of Eu
ropean current affairs which won
people over." ' '
Personable and glib of tongue,
the ship's cook generally asked
$10 for a lecture. United Press
says that in each case, "he
charmed his listeners." And when
he spoke before classes here at
the university, students became so
interested and enthused by his
speech that they called him back
for more.
Lectured to Jaycees.
When I met him, he had just
finished lecturing before the junior
chamber of commerce on his "in
terpretations" of international pol
itics and conflicts.
In his room at the Y. M. C. A.
(where he was living on credit),
Richards stretched out on the bed
in his one and only suit and told
lengthy tales of war and political
experiences in all of Europe. He
even told a couple of "tall" onc3
about his experiences in China.
Thinking that I was getting the
"dope," I listened. Now, I guess
I'm the dope.
But I wasn't the only one. Presi
dents of Lincoln's best organiza
tions, radio program directors and
even university professors believed
in him. Evidently he was getting
a kick out of it for the 33 year
old Englishman was described by
United Press as sitting in his ceil
in Colorado's resort town laughing
at the gullibility of society dow
agers, politicians, and beautiful
young women among whom ho
posed for six months as a noted
foreign correspondent.
Should have known.
I should have known. While
talking with him that day, he
showed me extensive notes which
were supposedly taken on the field
of battle in Spain. They were
written on pieces of cardlioard on
the other side of which appeared
advertisements of a Kansas City
book store. That was odd.
Then too, there was the absence
of even a meager wardrobe. He
was facing Nebraska's December
and January weather without an
overcoat or topcoat! When first
questioned about his lack of cloth
ing, he claimed that his baggage
was delayed. Later he said that
he had lost them in a "crap" game
in Kansas City. Finally, he ad
mitted that he had never had
them.
Journal checked.
Then the Journal checked with
the Ixindnn Daily Express to find
that he had never been affiliated
with them. He mnde several ap
pearances after that adverse pub
licity and then left for Denver. A
number of his newly acquired Lin
coln friends were indignant over
the Journal's accusing Richards as
being a "fake." Now, I suppose
like the rest of us, they will say,
"WeH I knew it all of the time."
Well, I and plenty of others be
lieved him. How were we to
know?
Behind world events
MADRID CRIES 'UP SPAIN'
After nearly 900 days of the most intense fighting, the Spanish
civil war has been brought to a virtual end. Gen. Miaja, head of the
defense council regime established by the Casado coup, has fled Madrid
to seek temporary haven in Valencia, and the city abandoned to the
insurgent troops of Gen. Franco.
Upon the demand of Mussolini, who has fed money and men into
the conflict which has established a new totalitarian state, Italian
"black-shirt" legions were at the van of the rebel march into beleag
uered Madrid.
Cries of "Up Spain," the rebel war slogan, greeted the troops of
Franco as the Madrid populace stormed about them expressing relief
that the long siege of that city was concluded. Demands for food
were met with the announcement that rebel food trucks were on the
way and that each person in Madrid would receive half & loaf of bread
daily and free.
Rebel troops are now engaged in "mopping up." Only a small
portion of the seaboard regions remain in loyalist hands, and Miaja
has requested .that soldiers in those areas lay down their arms to pre
vent further and needless bloodshed. Gen. Franco's little "black
book" containing names of staunch loyalist supporters and commu
nists is in almost constant usage as those enemies of the new govern
ment are "liquidated.".
It is reported that within the very near future Franco will meet
with fellow totalitarians, Mussolini and Goering, to determine the for
eign policy of the new Spanish government.
RECIPROCAL TAX IMMUNITY DESTROYED
In a decision hailed as "one of the most momentous in years" the
Supreme Court has ruled that the federal government can tax the in
comes of state employees and the state may tax the incomes of em
ployees of federal agencies. The holding was delivered in cases in
volving the attempts of Utah and New York to tax the income of
federal employees under state income tax laws.
Justice Stone, who delivered the majority opinion from which only
Justices Butler and McReynolds dissented, said "there is no basis
for the assumption that any such tangible or certain economic burden
is imposed on the government concerned as would justify a court's
declaring that the taxpayer is clothed with the implied constitutional
tax immunity of the government by which he is employed."
With such decision, the court has overruled a precedent dating
from the Collector vs. Day case in 1871 involving a tax on the salary
of a probate judge in Massachusetts. Justices Butler and McReyn
olds in their dissenting opinion relied upon the old adage that "the
power to tax involves the power to destroy" first enunciated by John
Marshall. Chief Justice Hughes, who has been ill, concurred in the
New York case but did not participate in the Utah decision.
Under this ruling the salaries of state officials such as college in
structors, legislators, judges, and the like, will be subjected to fed
eral income tax laws, and the incomes of federal employees will be
proper subjects for the exercise of the state taxing power.
Nebraska, if it is not to be considered foolhardy, must sully its
"white spot" policy. Financial losses suffered by state wage-earners
might be in part recovered, in the form of additional state revenues,
by the passage of a general income tax law which would affect fed
eral employees as well as ordinary state citizens. Pressure will be
exerted upon the unicameral to adopt such a taxing program, and
Nebraska's claim to fame because of its lack of a state income tax
will be destroyed.
The United States Supreme Court, for years a conservative body
respecting certain tax immunities, has turned liberal. Fast precedent
followed for many years is now discounted as being originally erron
eous. It may even be possible for the federal government to make
this decision on the income tax laws retroactive and so collect huge
sums from present and past state employees. The exigencies of finan
cial stress and strain, felt both by state and federal governments,
may have here influenced the members of the court. It is even con
ceivable that the Supreme Court may be said to render its decisions
in deference to what it thinks to be public opinion rather than to fol
low legal precedent. The Roosevelt court-packing bill, while failing
of passage, seemingly has achieved its desired result the court is
now liberally inclined.
Ag faculty members state
support of intercampus bus
Whelan says lack of transportation cuts down
participation in activities; Staples pledges aid
Results of a number of surveys
issued to all faculty members af
fected by the proposed intercam
pus bus line, show a strong fac
ulty opinion in favor of the change.
Various comments made by the ng
campus instructors outline the
grievences that the faculty now
ha.s with the present setup.
Stating that he was in favor of
the campus, Don B. Whelan, of
the entomology department com
mented, "Lack of transportation
for students has cut down the
number of classes that a student
can get down town. It has also
meant that ag campus students
have not been able to participate
in many university activities.
"It is a shame to charge ag
college students a Union fee equiv
alent to that charged those living
down town.
Students 'made' to break laws.
"If something like this is not
done," the entomologist stressed,
"additional instructors must be
hired for the ag college to dupli
cate work given on the city cam
pus. Tho a city ordinance prohib
its hitchhiking, students have to
do this in order to take work on
the two campuses. Lack of proper
facilities means that we are mak
ing students break the laws of
the city ofLincoln."
Adding to the statement made
TYPEWKITEKS
for
Sale and ilvttt
NEBRASKA
TYPEWRITER CO.
130 No. 1?th St. DJ157
LINCOLN, NEBR.
by Mr. Whelan, Ruth Staples, pro
fessor of home economics, declared
that attendence at the Unicersity
of Minnesota where a similar plan
is now in operation, has shown
her the saving in time and money
such a plan makes possible. With
the promise that she would aid in
every possible way in making the
change at Nebraska, Dr. Staples
added, "I believe all students
should be furnished passes for in
tercampus rides."
Kntrrro a M-tond-rlnM nmttrt al tha
pontofflrr t.i Lincoln, Nrhranka, Ondrr art
of roiigrrM, March S, IH79. and at nrrlal
ralr of poatacr priivlilrd fnr In crrtlon
HUH. art of Orlubrt S. IUI7. ant hurl wd
January 20, Wl.