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v 4 y I I BanwcIL 9. C- Tli«i»4«y. Aagwt X. 19T7 .%rm-B Review •/ Cmrremt Kremit BLACK NAMED FOR COURT Choice Surprise to Senate • • . Chinese Central Army Clashes with Japanese * • • Legislation in Tangled Mess r # * 1 * i <* V ' fjfy > ,4 'T ^ ^ # it * ri -''r.l > 7# r i' ft * l *? Wwt * v**t > t 4 n i» Jr*‘ *, :*,.4K ^ " c RA \ A t >4 J & fk :W’ C t. ^ ^ I wixJl *kitwr i W /V ****** ?' ss '/SE?*7* V ^ •r #. ^ Japanese Soldiers Brinf Their Own Beer to Peiping;. ~^&Liniul WTPicLuul y m ornunurADTTrQ n*i»T» wr\OT.r SUMMARIZES THE WORLD’S WEEK C WtaUra Newspaper Ui Nominee Draws Rebuke \I7ITH his customary exercise of ’ 4 the dramatic, President Roose velt nominated Senator Hugo L. Black (Dem., Ala.) to fill the vacan cy on the Supreme court bench caused by the retirement of Justice Willis Van- Devanter. Senator Black had not even been mentioned for consideration previ ously, and the ap* pointment was a complete surprise to his colleagues. For 20 years it has been a custom, when a senator is appointed to high office, for his nomination to be com- ■idered in open executive session. But when Senator Ashurst (Dem., Arts.) proposed this hi Senator B I a c k's nomination, objections came forth immediately from Sen ator Burke (Dem., Neb ) and Sena tor Johnson (Rep., Calif ). They that the nomination be re- to the senate Judiciary com mittee for ’ careful consideration.** This was viewed in the light of a distinct rebuke for the nominee. Senator Black has been a militant Wader in the fight for the Presi dent's wages and hours Wgtslalioa. As a Justice he would have the op- Senator Black regulating utility ty holding federal and grants for power plants, and Axing prices la the soft-coal Industry, He was. as the chairman of the Black commit tee to inveeiigate lobbying, the cen ter of ■ storm of pubbe optniaa during the earty monthe of ISM Black practiced law m Birming ham after being graduated from the University of Alabama M IMS At fifty-one. he la one of the numbers of the senate. Sfcali Pepper Great Wal A LTHOUGH war w>s .till with- ** out benefit of official declara tion. the army of the Chinese cen tral government clashed with the Japanese invaders for the first time The Eighty-ninth division, from the provinces of Suiyuan and Shansi be gan the attack at the Nankow pass of the Great Wall. )0 miles north west of Peiping, the Japanese said. Through this pass the Japanese have been able to move reinforce ments from Manrhukuo, its protec torate. and the Chinese wanted to gam control of it. They wiped out a whole battalion of Japanese sol diers in the opening battle. The Japanese opened up immedi ately afterward with heavy artillery fire which the Chinese failed to re turn. Indeed the latter were silently 1 retreating into positions they thought more secure. As shells fell in the city of Nankow, fires were seen to arise from heavily populat ed areas. The Chinese, however, were said to be well equipped with trench mortars with which to de fend the pass once they considered their position satisfactory. Japanese warned that all of their forces in North China, some 40,000 fighting men, would be loosed upon the Chinsee if they made any at tempt to return to the old capital in Peiping, now held by the invaders. South Demands Crop Loans ^ONGRESS regarded adjoum- ^ ment as possibly farther off than ever as the wage-hour bill got all tangled up with surplus agricul tural control and cotton loans in what looked like a hopeless mesa. With the Department of Agricul ture estimating a 15,500.000-bale cot ton crop, about 3,000,000 bales more than can be consumed, Southern representatives and senators were demanding surplus crop loans. The Commodity Credit corporation has authority to make such loans. In a press conference, President Roosevelt indicated that he had no intention of permitting a 10-cent cot ton loan until congress passed the agricultural control program and ever-normal granary bill which Sec retary of Agriculture Wallace says la necessary before the new i In January. Trouble ta the committee doesn’t know how to write such a bill and make it stick, in view of the Supreme court’s deci sion on the AAA. Now the Southern bloc has made it clear that it will not push through the President’s much-desired wages and hours bill, as dictated by Wil liam Green, president of the Ameri can Federation of Labor, unless southern farmers get their cotton loans. Furthermore, the Southern ers under the capitol dome are now asking for loans as high as 15 cents a pound, and in some cases even 18 cents. The South is not any too well in accord with maximum hours and minimum wages anyway. The result of the whole affair Is a complete stalemate. Somebody will have to give In; somebody prob ably will, and there will be old- fashioned “hoas - trading** on a wholesale scale. For congreaa wants to adjourn before the Southerners In the senate also worried when Senator Robert F. Wagner of New York succeeded la winning recognition to deboto an anlt-lynching bin. tha type of the South has boon success blocking since the Chril war. were of the opinion that tha bill, al ready passed by the be defeated by Bilbo of filibuster until Christmas) but behaved that the to pul » Spot.'* did not ^ about: iiiyrtlslBg*s Valaa IfHUIALIS, CALIF.—On the * train a charming young charming young woman said: "I always read the advertisements whether 1 want to buy anything or not. Do you think I’m crazy?” I told her she was the smartest young woman I knew. If I were asked to describe the race in any by gone period since printer’s ink came into common use. ih Irvin S. Cobb I’d turn to the ad vertising in the pa pers and periodicals of that particular age. For then I’d know ^ what people wore and what they ate and what their sports were and their follies and their tastes and their habits; know what they did when they were healthy and what they took when they were sick and of what they died and how they were buried and where they expected to go after they left here—in short, I’d get a pic ture of humanity as it was and not as some prejudiced historian, writ ing then or later, w’ould have me believe it conceivably might have been. I'd rather be able to decipher the want ad on the back side of a Chal dean brick than the king’s edict on the front—that is, if I craved to get an authentic glimpse at ancient Chaldea. • • • Running a Hotel. f ’VE Just been a guest at one of the * best small-town hotels in Amer ica. I should know about good ho tels because, in bygone days, stopped at all the bad ones. The worst was one back East- built over a Jungle of side tracks I wrote a piece about that hotel. It had hot and cold running cock roaches on every floor and all-night switch-engine service; the room towels only needed buttons on them to bo peekaboo waists, but the roller towel in the public washroom had. through the years, so solidified that If the house burned doom R surely would have been loft standing The cook labored under the delusion that a fly was something to cook with. Everybody who’d over registered there recognised the establishment So the cttixene raised funds am tore down their oM hotel, thereby making haaseiees wanderers ef hat a miUioa rsaidsnt bet they put up a fine new hotel which i paid a profit, whereas the f d had been losing money ever l the fall of Richmond A good hotel la tha beet edver- UMMM any team ran have, hat a had one la Just tha seme at an extra where the patients have Senate O.K.’t Court Reform ALL that was left ef the admhs- ** Mirations sweepmg eourt ra the senate ia La’s The b‘11. as summarised by Sea Warren R. Austin (Rep. Vt), who wrote moat of it. Included: Provision making It the duty of the District court, in any constitu tional suit between private cittsene. to notify the Department of Justice that upon a showing by the attorney general that the United States had a probable interest the government would be made a party to the suit. Permission for the senior circuit Judge to reassign district Judges within that circuit for the purpose of clearing congested dockets. (If necessary, s Judge may be trans ferred from one circuit to another.) Permission for direct appeal to the Supreme court, if 30-day notice is given, from any decision of a District court against the constitu tionality of an act. Requirement that all suits for in junction against the operation of federal statutes to be heard by a three-judge court, including at least one circuit court of appeals judge. Shanghai Smells Smoke A JAPANESE officer and a sea- ^ man tried to enter the Shang hai airport, now under Chinese mili tary control, in a high speed auto mobile. Chinese guards, after try ing to halt them, shot and killed them. The Japanese claimed the road on which the men were travel ing was part of the international set tlement, and threatened the sever est reprisals unless the Chinese made satisfactory explanation. The incident bid fair to touch off a terrible conflict on the scene of the war of 1932, When Japanesa warships threatened the Shanghai wharves, Chinese national troops be gan pouring into the city from ev ery direction. Simultaneously came reports that two boatloads of Nip ponese soldiers were headed to aug ment the garrison in Shanghai, and that the sudden ingress of Chinese troops had virtually blocked off tha entire city, isolating thousands of tha COMETIMES I wonder whether we. the perfected flower ef ctv- Ihsstmn and if yen don’t believe we are. Juet ask ea caa really he aa smart as we tot on Lately, out on the high sens. I met an educated Hop*, who said to "White people get orronf and stay wrong when right before their eyes la proof to show how wrong they are. For instance, take your de- that there are only four error which you’ve persisted in ever since you invented the compass, a thing our people never needed. Every Indian knows better than that.** ’’Well then,’’ 1 said, "how many are there, since you know so much?” “Seven.** he said, “seven in all.” "Name 'em,” I demanded. “With pleasure.” he said. “Here they are: north, east, aouth, west, up, down and here.” Of course, there’s a catch in it somewhere, but, to dale, I hiven’f figured it out. The Russian Puzzle. I J NDER the present beneficent ^ regime, no prominent figure in Russia’s government, whether mil itary or civil, is pestered by the cankering fear which besets an offi cial in some less favored land, namely, that he’ll wear out in har ness and wither in obscurity. All General So-and-Soski or Com missar Whatyoumaycallovitch has to do is let suspicion get about that he’s not in entire accord with ad ministration policies and promptly he commits suicide—by request; or is invited out to be shot at sunrise. To be sure, the notion isn’t new. The late Emperor Nero had numer ous well-wishers, including family relatives, that he felt he could spare and he just up and spared them. And, in our own time, A1 Capone built quite an organization for tak ing care of such associates as seemed lacking in the faith. ’Twas a great boon to the floral design bus^hti^s, too, while it lasted. But in Russia where they really do things—there no job-holder need ever worry about old age. Brer Stalin’s boys will attend to all nec essary details, except the one. fc^ merly so popular in Chicago, of .to tha funeral. IRVIN A. ******************* ! STAR ! | DUST | * jMovie • Radio * ***By VIRGINIA VALE*** Washington.—President Roosevelt stated to the newspaper correspond- enta in his press Wants Crop conference the oth- Control Bach er day that crop control must be brought back. He said it with some emphasis. Within a few days before that, he had given his approval to a bill placing a minimum on wages and a maximum on hours in which labor could work in industries whose productions enter into interstate commerce. The President was not specific as to details of the legislation in either case but it is important to note that he has reaffirmed his position on these two principles for it is to be remembered that both the NRA and thk AAA were thrown out by the Su preme court a long time ago, and the President seeks now to restore them in another form. This circumstance would seem to confirm assertions that have been made in various quarters lately that the President wants to maintain a ''planned economy” for this coun try. It would seem that he is de termined to go ahead along those lines and that his program for reor ganizing the Supreme court was a part and parcel of the scheme. In other words, the President’s new declaration about crop control and wages and hours and his support of the Wagner housing bill represent a return to the original theories which he held for "remaking” our nation. After discussing these circum stances pro and con with proponents as well as opponents in the con gress, the conclusion is inescapable that Mr. Roosevelt and hit advisers art headed into new ground. They desire evidently to make the federal government the moat important fac tor in our national Ufa and to set aside little by little the functions of state and local governments by their course of action. Undoubtedly there to strong argu ment for the policies they have adopted; certainly, there are many functions which the national govern ment caa perform more effectively efficiently than they can by state governments, true that some nal Ufa should not be sul i influence ef state Unee. hand, there sure ly M why Washington burva | not be allowed to toterfi illy practices and cor v x itduala. The rbeve nil ef t* * to ao m M that always there tendency of fed eral I expand Ta say codes which were so hidebound and so inelastic that thousands of firms were in open rebelUon against tha restrictions unless they were able to pass on the higher costs resulting from these restrictions, to the pub- lie. That is, unless they could make the consumer pay the added cost, they faced eventual bankruptcy. I do not say that the labor stand ards board as now conceived will go as far as the NRA codes but expe rience with the present national la bor relations board indicates that the pubUc should expect the maxi mum exercise of power instead of any middle of the road policies. Tha labor relations board has become a festering sore on private initiative. Business interests everywhere, while being pounded on the back by the administration to employ more workers, are kept in a con stant state of confusion by the bias of the hoard. This is the board which was designed by Senator Wagner, of New York, to maintain peace be tween labor and employers. If the labor standards board can use dis cretionary powers accorded it and can proceed in correcting abuses of labor as rapidly as is “economically feasible,” it may be able to develop better conditions in industry. But such language as the words “eco nomically feasible” are subject to all kinds of interpretation and if the membership of the labor standards board happens to include some rad ical labor leader, most anything will be economically feasible. It is from such quirks of law that bureaucrats expand their pow’ers. I T IS children’s day in Holly wood, with contracts being signed in carload lots to exploit youngsters in films. The five tough young lads whom Sam Goldwyn imported to play in “Dead End” made such a hit at the preview that he prompt- nf thpm under con- ly put all tract to make more pictures. Their next for him will be “Street Comers” after which Mervyn Le Roy would like to borrow them for a series. Metro-Goldwyn-Mayer’s fa vorite is fourteen-year-old Judy Garland. They have lined up three stories for her. Universal intends to keep Deanna Durbin very busy for the next year, and Paramount plan to star the youngest of all, four-year-old Kitty Clancy, in “Call Back Love.” this I Ac into •vt m tmalsi Ihama Whsi II see croad and u said. rights thvr*i rights Nos consM sinter merit Of: Federal ef- west to the hi «h- upped with a per- ir delegating to anal authority aa accorded power should (ear then. ■ the steady et»- bo rights of states rights of lodnrid should have re end should have rhment upon the ato and. second, rhment upon the ■ those persons ber who bet > fedora) govern- _ ry through which •U public functions should operate. I cannot agree. Rather, long ex perience m Washington convinces me that the old. old argument for state rights—so long one of the ten ets of the Democratic party—has too much merit to be overthrown without consideration for the effects of the new theories. It may be that human nature has changed enough to accept new theories and live happily thereunder but I am quite convinced that human nature does not change so fast. To get down to cases in applica tion of the principles discussed above, let us con- Wages and sider the wages Hours Bill and hours bill. That measure shows how this encroachment takes place and gives a rather clear pic ture of the expansive nature of fed eral policies. The wages and hours bill first cre ates a labor standa rds board. It is circupscribed by certain limitations lien : which say that it cannot fix wages above forty cents per hour nor can it reduce the number of working hours per week below forty. Fur ther, a great number of lines of work are exempted from jurisdic tion of the board—work of a season al character, farm labor, labor in certain specified industries which obviously cannot be subject to regu lation without destruction of the business itself. Besides these re strictions, there is an implied warn ing in the bill against sudden or abrupt changes in business prac tices that w’ould dislocate industrial operation or curtail employment. These delimitations would seem to leave the board without a great deal of authority. Such, however, is not tha case. Among those industries remaining under jurisdiction of tha board, there is yet as much pow- NRA and Us But there is yet another phase of this policy that demands consider- ation. While the Another United States is Phase one unit under the federal govern- ment, it to made up of a number of sectional units and each sectional unit comprises a number of states and even each stats in soma case* embraces subdivisions where prac tices in business and living traditions are aa different as day and night. A regulation as to the fairness ef h -jrt er weges in New England may be, and probably would be, wholly inap plicable in Alabama or Georgia. A regulation that would operate sat isfactorily in Pennsylvania may be, and probably would be, completely •our in the Pacific const stales. Yet this board cannot admin taler Ms regulations on a piece-meal basis. they must apply ta the whole coun try and M la only fair In assume from the exist mg facts that where as rulmgs may be advantageous to some sect tarns of labor, they might completely destroy other sort moo ef tabor. The same results ran be ex pected from the effects ef these rut- mgs on the employers, esc opt that where the effect la adverse an em ployers businesses can be driven into bankruptcy and the Jobe they provided disappear, I thank there can be an denying that no law will be successful unless H has the co-operation, the active support, of a very large majority ef the people. If proof be needed. U to only necessary to recall hew the profit.’..on laws were not enforced in those areas where public sym pathy with them was lacking. It docs not require very much time to determine whether a law to popu lar. During the life of the NRA, thoee who opposed such impossible regulations as General Hugh John son dictated were branded by Presi dent Roosevelt at first as “chisel- ers.” It was a biting criticism. Yet, within a few months there mere more chiselers than there were those who believed that the law could possibly be made to work. I am very much afraid that there will be more chiselers under the wages and hours law than there are those who believe in its efficacy. • • • The initial operations of the board and the law probably will not create a great deal of Both Sides dissension. But Will Buck there will be dis gruntled groups of workers and there will be dissatis fied employers who will seek ex emption or changes or special con sideration by regulation. In some cases, obviously, the board will is sue new rules. As likely as not those new rules will upset some oth er group or region or section and they will demand consideration. Just here, it might be recalled how under the AAA crop control law, wheat, cotton and corn were originally considered but tobacco had to have protection and rice and potatoes and peanuts, and every other farm product had its cham pions battling for consideration be fore the Supreme court held that the law with its processing taxes was an invalid delegation of power by congress. Therefore, while I may be “seeing things” concerning the labor standards board and the new proposal for crop control, the records surely support my state ment that anytime the federal gov ernment starts a new policy it be gins at the same time to enable ex pansion of federal power far beyond the original concept of a program. Rubinoff does not like to expose his priceless Stradivarius violin to brilliant studio lights any longer than is necessary, so during rehearsals and whenever he was not playing for the sound track of “You Can’t Have Everything.” h e used a double. The husky virtuoso car ries a big insurance policy on the violin and would feel lost if anything hap- He had it with him when he played at an open air con cert on Chicago’s lake front recent ly when more than 100,000 people listened to him. Rubinoff pened to it. arrived ta stage later I Frances Farmer New York, instead of tttety to let an tke pictures of to Meu I ta ge ta rekearsal far her engagement. Four nights saw her performance and ly found myseff wanting to burst Into »boors. Ptaviag a rule quite unlitt any oka kas dune mm the ocreen. a rule simply mod# to or der for Laps Vo too. she displayed a eal-Mha grace of mere ment. a euiee mnoleafly rich, and great variety of meeds. n Or f e m and h is popular radio orrhfti ra are cu rrewtly a* te,’ ni at Ih e Ax tor ft set m New York. but ta tit h# wit] i move hie •rtivi t -#* to ) tothntaoKi i m so to be near Harriot H ilhard. vho to un 4*c tong -Iron emt red at the RKO •tudflftt Ont# m i the here ef all be ff trouts 1 UnMt VMM to make a VMIfTl# fof tha mssIvM Ai fourteen h# VI M hOfM od at a ) imbart# Mi Leaden ao the youngest Eagle scowl Youngniers who srere the original fans of "The Lane Banger" are getting pretty grown op mem. hot ih* y confess that they otMl follow the adventures with holed breath. The popular three times a week se rial recently celebrated Ms seven hundred and twenty-fifth broadcast. Fran Striker, who kas written Uua series even stater M started In I a un ary. ini. estimates that mere than SJM characters have appeared in tke adventnres. All the summer radio surveys re ported that Edgar Bergen and Char lie McCarthy were miles ahead of every other performer in popular ity. Their salary is said to have sky rocketed from $300 to $3,500 per week. "High, Wide, and Handsome,” a story of the early oil rush in Penn sylvania, is attract ing attention. It more than lives up to the promise of its title, for it is spec tacular, melodious and frenzied. Irene Dunne and Dorothy Lamour provide the beauty and melody; Randolph Scott, pit ted against as tough a lot of villains as you ever hissed—in cluding that incom parable Akim Tamiroff—provides the rough and ready drama. Irene Dunne ODDS AND ENDS—Randolph Scott at tended his first film premiere in July, 1928, standing on an oran/re crate watch* ing the crouds arrive to see Colleen Moore and Gary Cooper in "Lilac Time.’* His most recent premiere found him in a choice aisle seat watching himself as star, of High, ff ide and Handsome'’ . . , Jack Haley has bowed out of the "Show Root" program but he will have one of his own very soon . . . Adolphe Menjou and Kathrine Hepburn are bitter rivals on the golf course . . . Dorothy Gish, whom film fans have never forgotten, will play the lead in a Mutual broadcasting system serial called "The Couple Next Door"... It hen John Barrymore returns to radio, it uwn’l be m Shakespeare, but in "The Ani mal Kingdom" and “Accent on Youth" Meanwhile ha time i« September „ making g picture at RKO wuk Irena l a w.