Indianapolis Times, Indianapolis, Marion County, 16 February 1937 — Page 14

i Ls ci A a Sera ER

| Vagabond

FROM INDIANA

ERNIE PYLE

W ASHINGTON, Feb. 16.—TFor two years I have been “living out of a suitcase,” as they say. That's the thing that horrifies my friends. They say they'd like to travel all the time, too, if it wasn't for living out of a suitcase. Well, T don’t mind it. It becomes so routine that it's just as easy as living out of a set of bureau drawers. And there's one nice thing: you aren't always accumulating a lot of trinkets that have to bes disposed of or boxed up when you change apartments. We carry in the car six bags and a typewriter, Two bags and the typewriter come out every night. Two other bags come out maybe

once a week, for a fresh supply of linen. The other two bags—big ones

—contain suits and winter clothes |

and extra shoes and DbDrown envelopes full of old letters. These two bags are seldom out more than once a month. People frequently ask, “Isn't it such a terrible job to pack and unpack every day?” The answer is

Mr Pyle

“Np On our one-night stops we take things out of the bags just as we need them, so that we're hardly aware of unpacking at all. And in the mornings. even if everything is out of bags (which it never is), I can pack in three minntes. I'm sort of an old fogy about having a special place in the bags for evervthing, and by knowing just where evervthing goes, day after day, it becomes almost, automatic. We have been fortunate in not leaving things in hotels. We have lost only two things—a toothbrush ind a dressing robe. We wrote the hotel in Columbus, O., about the robe, and they reported they haa sent it on to our home, but it never arrived

the

n n n Strop Easy to Forget

RAZOR strop is the most likely thing to be left LN in a hotel, because vou hang it on the hook behind the bathroom door, and don’t see it when vou leave. But 1 have never left my razor strop. And vou know why? It's because 1 always wrap it around a small glass jar in the toilet kit. to keep the from breaking, and seeing the naked jar always reminds me to go get the strop. Books are the greatest cross we have to bear out with none, and wind up with enough fill a modest library. At hotels we are often taken for book salesmen. At a hotel hers in Washington the doorman asked me if T wrote books or sold them. I bowed my head and ald neither, that I merely read them. He said thre reason he asked was that he was writing a book.

cdo

We to

etry

® on n Acquire New Friends

»yE nice thing about our roving (and it's a draw- ( back, too) is that we've acquired so many new friends in the last two years. that today in more than half the cities nited States we have friends who are much OT’ n mere acquaintances—paople we've met during our roving, ang liked, and we write to each other, thev send us telegrams when they have babies, and when back to their town they insist we come out to the house and stay with them We seldom do that, but we do always see them and eat with them and have a party or something. By the end of another two vears I'm afraid I'll have y many friends scattered around that I won't have time to write the column anv more, and will have to drop it, and go about from city to city visiting

my friends and having parties

ANE

we 80

jst

Mrs. Roosevelt's Day

By ELEANOR ROOSEVELT WwW ASHINGTON Monday—The White House '¥ seemed quite deserted this morning Miss Brett, who has been staying with me over the week-end, and Mr. and Mrs. Earl Locker and their two daughters left this morning, Mr. and Mrs. Thomas M. Lynch and thir small daughter left vesterday, and only the people who are here to attend the dinner for Mr. Farley tonight, Maj. Hooker and Mrs. Louis Howe, are still with wus. Mrs. Greenway, who is attending the dinner, has to spend the night at the British Embassy as guest of Lady Lindsay, who another of her friends here. It was almost like summer out on the bridle this morning, except for the fact that a little coating of snow lay here and there on the

Jane

gone the old

path hin grass The air was soft cold wind to make you suspect that winter is just around the corner. Somehow I have & hope that, for us down here, spring is really here for good! The Woman's Council of the Washington Federation of Churches held its luncheon today at the Washington Hotel in the same room where the Cause and Cure of War Conference has been held for the past few years. The mecting today was a peace day meeting and this morning Senator Nye addressed the group. This afternoon, Miss Josephine Schain, who has been at the International Conference Brussels and spent some time lately m Scuth America. will talk. She has succeeded Mrs. Carrie Chapman Catt as president of the Cause and Cure of War group. 1 sat there and looked at the room full of people and remembered that for many years the delegates from all over the country have barely filled Today the Washington women alone could fill it. It seems nothing short of marvelous. Mrs. Catt has been able to make her followers take great strides.

and warm and there was no

still at

PUBLIC LIBRARY PRESENTS— ECAUSE his roof needed mending and his “shirts were not so unfrayed around the top buttons as they used to be,” Max Miller became a movie author. We who loved him in “I Cover the Water Front.” and trailed along when “He Went Away for a While” knew that he would fail magnificently. There were the super office, the secretary, the five new pencils; but his beautifully original mind was empty of ideas. His heaven-sent gifts of humor. satire, and honesty were laid before pagan gods, but

the stakes were too big. No boy and girl story was forthcoming

FOR THE SAKE OF SHADOWS (Dutton) depicts |

the author's slant at Hollywood psvehology, his reaction to its unreality, and to the web it weaves around the souls of its neophytes. After a sterile week, Max Miller knew that his tal ents were not those which could be packed in circulax tins to be sent out from Hollywood labeled “What the Public Wants.” His own lonely thoughts which he

builds into books of engaging simplicity could not live |

and function here And when they had told him, he went back to the luxurious desk which was no longer his, and with a great load removed, sat down and wrote and wrote and wrote ” 5 » TR men fleeing from a Confederate prison and a woman flying from the consequences of murder, are making their way painfully, through swamps and thickets, toward the Rapidan River and the Union lines. Their feet are sore. Their bodies are caked with the filth of weeks. Starvation has made their search for food an interminable nightmare. Nowhere is there security for them, night or day. Movement is 2 breathless flight or a skulking through the night. Sleep is huddling beneath trees and bushes, with only as thin blanket between them and the mud. In AROUSE AND BEWARE (Coward-MecCann) MacKinlay Kantor has written a story not only of physical adventures, but of psychological as well. The half-stupor of pain and hunger, the flashes of spirit through bodies gone brutish, the love of the two men for Naomi and the resulting tension, are all a part of this strange, wild wandering.

es ve Rp om

——

The Indianapolis Times

Second Section

TUESDAY, FEBRUARY 16, 1937

Entered as Second-Cilass Matter Indianapolis,

at FPostoffice,

PAGE 13

Ind,

MERIT SEEN IN COURT REFORM

the Constitution?

But

the whole business is as complicated as Einstein's theory of relativitv—even more complicated because it includes

both physics and humanity.

The business of the Supreme Court and the Constitution is as complicated as the movement of ideas and interests in the United States, which is American civilization in develop-

ment,

ideas and interests.

The Constitution in operation involves both

The Supreme Court in making

decisions expresses ideas, reflects interests, and affocts interests. That has been true since the founda-

tion of the Federal Government.

very moment,

It is still true, this

It follows then that no simple device, however,

contrived,

for dealing with the composition

and

powers of the Court can be guaranteed to work ont as expected. No simple device forever will guaran-

tee I

liberty,

Dr. Beard

itself the sure-fire adjustment of human which we all lichtened and progressive legislation in the orderly development of American society.

desire, to the need for en-

For example, consider President Roosevelt's proposal to enlarge the

Supreme Cow 15. Everything depends the President nominates.

‘t by the appointment of new judges up to the number of for the present upon the kind of new judges

Prosumably. like all other Presidents, Roosevelt will choose men

whose views ave fairly vote to support New Deal laws challenged before the Court. Some of them may and some O9i them may not. Judges have a way of defving their creators, They have in the past. They may Im the future. Suppose, however, that the immediate effect of appointing New judges will be the validation of New Deal laws, what of the more distant future? It is safe to assume that New Deal legislation will not round out and perfect American society, and that there will be newer deals in 1941 or 1945 or 1949.

r® n u

HESE newer deals may be even more disturbing to the survivors of the present New Dea than this New Deal has been to the survivors of Mark Hanna's age of enlightenment. What then? President Roosevelt's supple young men will then feel their arteries hardening, and apply their present predilections to the newer deals. The chances are that they will knock the newer deals into a cocked hat. At least judging by history, reading the future in ‘he light of experience, the probabilities are that this is exactly what they will do. Hence there is no positive guarantee in the President's clever and amusing device, however praiseworthy it may be with respect to immediate emergencies. This is not to say that his device is without merits. It certainly is a genial and ironical answer to the platitudes, ruses, subterfuges and artful dodges to which lawyers and judges resort in reading their ideas into the Constitution and carrving their wills into effect. Moreover, besides leading our professional tearers of hair into tearing their hair again, the President's message lets a gust of fresh air into dusty and stale atmosphere of legal sophistry For instance, it ventilates the most preposterous of all legal sophistries namely, that the judges of the Supreme Court never express any opinions or predilections of their own, but mereiy, simply, and truly say just exactly what the Constitution is. It is the almost universal prevalence of this sophistiy that

well known to him, and they will, as a

rule,

largely accounts for the state of befuddlement in which we now

find ourselves. V ITH wearisome reiteration, judges of the Supreme Court declare that they merely pronounce the law of the Constitution and hold acts of Congress invalid only when these acts conflict with the Constitution beyond all reasonable doubt. This judicial platitude is so old and threadbare that when an auditor in the court room hears it uttered, he may be sure that a majority of the judges are about to invalidate an act which they do not like. They even resort to the platitude wien four of the nine judges dissent from the proposition declared to be ‘beyond all reasonable doubt.” If our lawyers and judges would rid themselves of this sophistical cloak, a large part of our troubles would disappear. There are clauses of the Constitution that admit of no reasonable doubt as to meaning. For example, each state shall have two senators. That means two, not one, or three. But the clauses of the Constitution under which great acts of Congress have usually been invalidated are vague, and admit of many interpretations according to the ideas and interests of the persons who make them. n ” » Ix lJawvers and judges would adopt a simple rule in keeping with the realities of the situation thev would say: “Congress, which is full of lawyers, may know as much about the Constitution as we do, and every act in Congress is valid unless it does in fact run contrary to a clear and express mandate of the Constitution.” On the whole this was the position taken by the late Justice Oliver Wendell Holmes; but then Chief Justice Taft is reported to have said that Justice Holmes did not know any constitutional law. Why mot abolish checks and balances, and deprive the Court of the power to pass upon the constitutionality of acts of Congress? That proposal, in my opinion, places too much reliance on the

" ”n ”

spread of knowledge,

wisdom, moderation and knowledge of Congress. Its history is not without flaws.

n n ” NLY two years ago that august hody passed “the red rider” which insults the teachers of the District of Columbia, violates every principle of educational liberty, and profoundly disturbs the well-administered schools of the District This rider was jammed through the Congressional machine when a large number of members opposed to it were apparently asleep Nobody who thinks that human liberty is of anv. value will want to leave evervthing he holds dear to the mercy of a mere majority of Congress. . So the business of the Supreme Court and the Constitution, as I said in the beginning, is not simple. It is highly complicated. Devices, such as enlarging the Court or amending the Constitution, have merits and are useful. But the discussion of the fundamentals of government, the the explosion of legal sophistries, the development of compulsory self-re-straint on the part of judges, and a recurrence to first principles by the people, may be even more useful in the orderly and progressive development of American institutions,

(Copyright. 1837. NEA Service. Ine.)

TODAY'S L

By JACK MORANZ

OCAL PERSONALITY

—— —

—n

wis HONOR IN

RECENTLY RETIRED AQ STATE DIRELTOR OF CONSERVATION AND HAS BEEN APPOINTED TO ADVISORY BOARD OF NATIONAL PARKS HSTORIRAL SITES, BUILDINGS AND MONUMENTS OF THE Us Sh» HIE WAS DIR.OF CONSERVATION FoR IND, 1919-33, COMMISSIONER OF SITE PARKS LANDS AND WATERS, SAAIRIAN INDE SeRuie - AND PRES. IND. TRADE ASS. = WAS MILITARY SECTY. To TE Gov. DURING Tk WAR. AND SECTS BOARD OF FORESTERD IIT & no huNS HAD fi AdiTion To BeeOME A

LL Coll Ri

LATER WITH JAS. R- RSS Co, IMPoRTERS AND THEN JOINED STATE DEP 57 CONSERVATION = BORN INOERIANY, HE CAME To U=S+IN 1891 > MARRIED EMINA RAPPAPORT, HAS 2 CHILDREN AND 6GRANDOUILDREN » HE WAS AWARDED THE PUGLEY GOLD MEDAL AND A MONUMENT HAR BEEN ERECTED (N TURKEY RUN STATE PARK ™ 7

A " 7 Ho HS

CLS HORRIES Are SOUTNIRE, MUIR, ART ANO HISTORICAL UTERATIRE » IE IS A FELLOW OF ) No ACADEMY OF SCIENCE CANNING AND BWIC ASSN, , CHAIRMAN OF BD. OF COLLABORATORS OF NATL. PARK SERVICE AND

MEMBER oF CoUIMBIA AND ATHENAUM CLUBS NATURALIST AND ISKNOWN As Tile $ATHER OF

INDIANA STATE PARKS x oun BRERVANDOT

y PRESS DIR. AMER «

President's Plan Not Permanent Solution, However, Says Beard

By DR. CHARLES A. BEARD

Historian and Educator AN anything new be said about the Supreme Court and Perhaps the answer is “No.” one thing ought to be said, even though it is old. It is that

Jr sm brgimns

Oligarchy of Justices | Rules Us, Clapper Says

By RAYMOND CLAPPER

Si Feb. 16.-—There is no point to the present discussion about the Supreme Court | unless it is kept in mind that the { Court exercises what amounts ‘to | legislative funetions. Justice Holmes

| said the courts “do and must legis-

[1ate.” The Constitution consists of only 8¢ sentences. The framers felt if was wise to leave the details of government to be filled in by those who

would operate it. Particularly economic questions tion was left vague and There is banking or paper | was given control of “coinage.”

nations states. Supreme

foreign several the

with the

| merce” | among | years later { ruled that | only the merchandise but the ecar-

of the transmission of electricity {and of the telegraph and telephone and now of radio, and of migratory | birds. | Marshall did his monumental work largely by drawing on the imiplied powers, by interpreting the Constitution. And to give a clause a new interpretation is to give it a | new meaning. To give it a new | meaning is to alter it. Thus the | Court adds to the written Constiti- | tion. | =”

”n ”n

NE of its most monumental additions has been built upon a vague phrase, “due process of law.” {Tt came over from the Magna {Charta, and in English common law {it simply meant that a person was | entitled to a fair trial. Chief Jus[tice Hughes once said that the phrase probably was vague to the {framers but that it was “all the | better for that.” The Supreme | Court, he explained, has provided “a content for this clause.”

| Little attention was paid to its |

[presence in the Fifth Amendment, where it applied to Acts of Congress, After the Civil War, the phrase was inserted in the 14th Amend- | ment forbidding a state to deprive a person of life, liberty or property “without due process of law.” Its | ostensible purpose was to protect | freed slaves. There is some suspicion that Northern railroad law-

vers slipped it in with other pur- | poses in mind. At least one of them |

Roscoe Conkling, who participated in the drafting—later said that.

| O attention was paid to it for a while. After 10 years or =o a case came up on the due process clause, but the Court held that its meaning was vague and refused to cep any connection between it and the regulation of a local business by a state. But bv the late '80s big business ‘was on the march and states were attempting to curb it. Corporation lawvers began going into the courts seeking the protection of the due process clause. | threw out a state railroad law on the ground that it violated due process. That was the signal. The clause, ostensibly inserted in the

| “persons.” Hundreds of cases then came up to the Court under the due process clause, and during this period the Supreme Court entrenched its prac= tice of overriding legislation, both state and Federal. Anything ‘“arbitrary” violated the due process clause. The Court decided which laws were “arbitrary’—that is, de=- | cided which were reasonable or unreasonable, thus finding a legal sanction to consider the wisdom or expediency of legislation. 2 " n

HUS it was that last June the Supreme Court was able to decide that it was a violation of the

{ ment we want. 'moeracy.

8-Foot Giant

Still Growing

| already beginning and that in the | | near future the bones and soft parts

of the boy's hands, feet and face will begin to enlarge, an evidence of the overfunctioning of the pituitary

By Seienece Service HICAGO, Feb. 16 —Height: 8 feet 3% inches; weight, 365 pounds; still growing. That is the amazing record of 18-year-old Robert Wadlow of Alton, | I1l., according to the latest author- | itative medical record. The meas. | urements, based on the boy's own | testimony and hospital records, are yiven by Dr. Charles D. Humberd of Barnhard, Mo, in the current issue of the Journal of the American | Medical Association. | The young giant now picks his| wav about among the light fixtures

“in his modest home, where the ceil- as high as 6000 to 8000 calories. He

ings are only a couple of inches | | higher than he is. Dr. Humberd, | who makes a study of giantism, says | | he is still growing. The Illinois giant belongs to the “preacromegalic type,” thinks Dr. Humberd. The physician believes that the acromegalizing process is

The average grown man does not |

Robert is now a college freshman, embittered by newspaper publicity and reluctant to be measured or to discuss his Gargantuan build. He makes pocket money by posing for photographs, for which "his charges are variable and modest, but certain,” according to Dr. Humberd. The boy's appetite is enormous, | his daily food consumption running

tires very easily and sleeps much.

require over 3000 calories a dav un- | less he is doing work requiring great muscular exertion. At birth, the boy weighed 8% pounds and at six monuhs, pounds.

In 1890 the Court |

Constitution to protect Negroes, had | been stretched to include corporate |

due process clause—an infringement | of liberty of contract—for New York |

Our Town

By ANTON SCHERRER

ODAY 1 want to survey the pajama problem in Indianapolis. It's not getting any better, either. Maybe you don’t know it, but there are still 15,000 men around here who cling.to nightshirts. I'm sure of it because a careful survey on my part, embrace ing personal confessions and what washlines reveal, shows that more than one-fourth (.2563) of all men

I know wear nightshirts. I could give the names

if IT wanted to. It is possible, of course, that I don't know enough young men who wear pajamas. Or to put it another way, that I know too many old men who wear nightshirts and for that reason my deduction may not be any too sound. Well, T anticipated just such an attack, and to fortify myself against it, I decideq that it might be well to stay conservative for once, and say that not more than 20 per cent of the men around here wear nightshirts. Which brings us back to 15,000 nightshirts, The raison d'etre of the nightshirt is. of course, quite apparent. At any rate, I think it's perfectly safe to say that the nightshirt will stay with us until the pajama people learn something about fastening their product. As it is, the situation is intolerable, especially around the stomach, and as long as that condition obtains there is nothing to be done about ithe night= shirt having its way. I am aware, of course, that every once in a while some optimist rushes into print with the hopeful news that the situation is solved, but like some weather reports, it doesn't amount to anything more than a rumor. To tell the truth, pajamas don't show any more improvement than hootchy-cootchy dancers or souvenir spoons, which, curiously enough, got their start about the time pajamas did,

Mr. Scherrer

2 Nn n Perfect ai Start

NYWAY, that's where nightshirts have the edge on pajamas. They don't have to be improved, because they were perfect to start with, like Minerva springing from the head of Jove, or something. I still recall how nightshirts got their start in In= dianapolis. They were introduced by Calvin Fletcher by way of James Whitcomb. Mr. Whitcomb was a very eminent and fastidious lawyer who, very early in his career, contracted a habit of staying at Capt. Berry's well-kept tavern in the neighborhood of An= dersontown. Capt. Berry was very sensitive to any disparagement of his hotel, and his behavior when aroused was something to beware of. One evening when they were all together, Mr. Fletcher took Mr. Berry aside and said: “Do you know, Captain, what Mr. Whitcomb is saying about your beds?” “I do not; what does he say?” o u Nn

Hated to Tell Him

“Y HATE to tell you,” continued Mr. Fletcher, “but he said that he had to pull off his shirt every night and put on a discarded shirt to sleep in, because your beds weren't fit to sleep in.” “I'll watch him tonight,” said

the enraged inne

| keeper.

Bedtime came and Capt. Berry was looking through the kevhole when Mr. Whitcomb took his nightshirt out of his grip and began taking off his shirt, Berry pushed open the door, sprang upon Mr, Whitcomb and was on the point of giving him a good licking when Mr. Fletcher intervened. Mr. Fletcher kept this story under his hat until Mr. Whitcomb was elected Governor in 1843, which was why our ancestors spent the first 20 years in Indianapolis without knowing anything about night= shirts.

A Woman's View

By MRS. WALTER FERGUSON

JE'VE often wondered how much money was represented by the phrase “adequate national defense.” It never has been a static sum and we are not surprised therefore to find it constantly increas= ing. In his first budget presented to Congress Presie dent Roosevelt asked 540 millions for “adequate dew fense.” This vear the figure has gone up to 991 mils lions. With all the little odds and ends which will ins evitably be included “adequate national defense” for the next fiscal year will be more than a billion dollars. Look well at this figure, women of America. It has a desperate significance for you. From a good many quairels these days, several questions are being asked on the subject. Do we geb value received for all this money? Against whom are we defending ourselves? Is such a sum being wisely spent? Frederick J. Libbey of the National Council for the Prevention of War gives a convincing summary of our position. He savs that the fellow who leaves home with enough soldiers to take the United States—and where would he ever find so many? —=would return to discover his own country gobbled up by his enemies next door. Japan can't move her army across the Pacifia or China will have back Manchukuo, and probs ably Russia would grab her mainland. Ttaly and Gers many dare not leave their ghores undefended, Russia would be overrun with Fascist toes instant she started on a military journey to other side of the world, France and England aren't going to fight us have troubles enough at home, Where then is this mythical enemy against whom we are arming to the tune of a billion a year? The truth is that from the looks of everything we aren't planning to defend our own chores, but are fast getting ready to take another jaunt overseas. Thah alone can explain the drunken-sailor spending now going on in our military departments Write and protest to your congressmen, sisters, This thing has got to stop somewhere,

tha the

They

Your Health

By DR. MORRIS FISHBEIN

Editor, American Medical Assn. Journal

ACH winter brings an increase in scarlet fever cases, but today we find ourselves in a better position to control this disease than ever before in the history of medicine. The disease resembles diphtheria in many wavs, Symptoms are likely to appear first in the throat. It is an infectious condition, passed from one person to another. And it comes on rather suddenly, usually during epidemics that are worse in winter or fall. Most of the cases develop in children between 8 and 12 years of age who usually have been in contact with others who had the disease. Scarlet fever is one of those diseases which vou ara not likely to have a second time. One attack of the disease helps vou build in your body substances which aid vou to resist further attacks. The story of an attack of searlet fever iz rathep typical. From two to four days after you have been in contact with a scarlet fever victim, you develop a chill, then sore throat, with some nausea and vomiting. Promptly vour pulse becomes rapid. Fever rises as high as 102 or 104 degrees. With this there are the usual symptoms of acute infection, Now bright red spots about the size of a pin point begin to appear, usually on the neck and chest. The ruption spreads rapidly over the rest of your body, Your face also appears red, but ordinarily because of the fever and not the eruption. After two or three days the rash begins to fade, and in about a week your skin is normal in color. : 0 ~The next step